A new Bismarck ordinance involving the sale of liquor to minors drew criticism from business owners at Tuesday's city commission meeting.

Ordinance 5461 relates to the grounds of revocation or suspension of liquor license due to sales of liquor to minors. The city has a similar ordinance for tobacco sales to minors.

For the first such violation, the person selling the alcohol, either at an off-sale or on-sale establishment, faces a fine. A second such violation at the same location by either the same employee or another within 12 months of the first violation would bring the matter before the city commission, which can decide to either suspend the license or revoke the license, while a judge may assess up to a $1,000 fine on the license holder.

Under the previous system, the city commission did not deal directly with violators.

"The ordinance is an effort of the police department, myself and people from the alcohol industry to set up a system whereby there is a procedure to handle sales of alcohol to underage people," said city attorney Charlie Whitman. "What we did is use the same procedure for sales of tobacco to underage people."

One provision of the ordinance allows a first violation to be dismissed if the license holder can prove the establishment is a participant in good standing of the BARS Program or another city-approved compliance program and has either purchased or will purchase an approved age/identification card verification device. This method of dismissal can only be used once.

Al Leier, owner of Main Bar, questioned having to buy a card reading device. A card reading machine can cost between $1,000 and $2,000. Whitman said that using the card reading technology was at the discretion of the business owner, but it is a method to have the charge dismissed.

Brian Hill, owner of Lucky's and Polar Package Place, questioned the city telling establishments the need for a membership in the BARS Program and a machine to read cards.

"We don't want to be selling to minors and firmly believe in working hard at training to keep minors from getting away with buying. I don't think the city needs to get into the business of promoting somebody else's way of making a living," Hill said.

Mark Dosch, owner of a small lounge and a state representative of District 32, questioned the use of minors for alcohol violation stings.

"I served in the Legislature when it passed enabling legislation allowing the use of minors and I voted against it. I definitely feel this is wrong and there are other ways this can be accomplished," Dosch said. "Do you truly believe it's the government's place to bait and set traps for local businesses to fall into? Do you truly believe we should enforce laws by using minors and placing minors at risk in these environments?"

Dosch also said that those who sell alcohol to a minor should face greater penalties and questioned whether the business should face revocation or suspension of a license when the violation was due to an individual.

"If you want to stop sales to minors, stiffen the penalties for those who sell it. Stop it at the source of the sale. Make people accountable for their own action. If you have an employee that disregards the law, they should suffer the consequences," Dosch said.

Commissioner Connie Sprynczynatyk questioned how could a business attract employees if they faced drastic consequences for a mistake.

Police Chief Deb Ness defended the ordinance, saying it didn't necessarily push a specific program or technology, but built a consistency for compliance with alcohol sales to minors. Ness also defended the use of minors in compliance checks and said they were never without an officer nearby.

Sprynczynatyk made the motion to approve the second reading of the ordinance with Commissioner Bryce Hill's second. The motion passed on a 3-1 vote.

(Reach reporter Gordon Weixel at 701-250-8255 or gordon.weixel@;bismarcktribune.com.)