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MINUTES <br />CITY COUNCIL <br />MAY 24, 2023 <br />stated that led to operating conditions being placed upon the liquor license. She stated that following <br />COVID there have been changes to the pattern of users and how the business is operating, therefore the <br />business owner is requesting that the City release this agreement as the business model and operations <br />have changed. She stated that there have not been the number of type of incidents at that business that <br />were occurring in the past. <br />Tom Duray, owner of the Hoggsbreath, asked that the Council consider releasing the business from the <br />conditions established in June of 2017. He stated that prior to 2017 they were operating as a <br />nightclub/restaurant/late night entertainment. He stated that following the incident they worked out <br />these conditions to continue operations. He stated that during COVID they were able to grow their <br />food business and have continued to promote their food and restaurant. He commented that following <br />COVID they have promoted more of a community friendly atmosphere and have continued to promote <br />their food, replacing their nighttime entertainment with bar bingo. He stated that they close at <br />midnight seven nights per week. He requested that the Council consider releasing the business from <br />the conditions that were voluntarily agreed to in December of 2017, noting that 90 percent of the <br />conditions no longer apply to their current business plan. <br />Mayor Fischer stated that he was on the Council when the conditions were implemented and <br />acknowledged that it was a tough time. He acknowledged that the business model has been changed to <br />meet the current market but there is nothing stopping the business from returning to live music in the <br />future. He agreed that this agreement has passed its time and commented that this would be more of a <br />suspension of the agreement. <br />Mr. Duray confirmed that the majority of the conditions no longer apply. He stated that if the business <br />model does change in the future, the Council would have the ability to impose conditions upon the <br />liquor license. <br />D. Miller asked if the current liquor license is valid until midnight. The City Clerk stated that state law <br />allows liquor sales until 1:00 a.m. or 2:00 a.m. with an additional license. She stated that the business <br />previously had a 2 a.m. license but has since let that lapse. <br />D. Miller commented that the agreement had a timeline for one year, through 2018, and asked if it <br />therefore has lapsed. The City Clerk confirmed those dates to be in the agreement. Mayor Fischer <br />commented that it was not intended to be a one-year agreement, but perhaps there was an annual <br />review desired. The City Clerk commented that there has not been additional issues and therefore the <br />agreement was not brought back again for a review. <br />The City Administrator asked about the standard process for training servers. Mr. Duray provided <br />details on the training that their staff completes on a yearly basis. D. Miller asked if bouncers are <br />employed at the door at this time. Mr. Duray replied that they no longer employ security because it is <br />not needed. <br />Kwapick noted the statement that 90 percent of the conditions no longer apply and asked for examples <br />of the conditions that would still apply. Mr. Duray replied that those would be related to carding <br />people and seating people. <br />11 <br />