A Bismarck liquor license holder was given special permission this week to serve at functions outside city limits, raising questions over the action's fairness and whether the county and city should work jointly on these matters in the future.

Commissioners granted the owners of Bismarck's East 40 Chophouse & Tavern a variance to allow them to serve alcohol to two events they will be catering in July at a rural park.

Co-owner Kim Levine said while they have a Bismarck city liquor license and a state liquor license, they do not hold a Burleigh County liquor license.

The owners had been granted a variance in 2008 for a similar event.

County auditor Kevin Glatt questioned the fairness of granting this company a special permit when other Bismarck liquor license holders were told they could not serve liquor in locations outside the city.

He implied the decision was rushed a year ago. "Last year, this came up about two days before the event," Glatt said.

"Our policy has always been that we only issue special event licenses in the county to county liquor license holders," Glatt said. "… It's the fairness issue. We've told others they cannot have the license, therefore they haven't applied."

Commissioner Doug Schonert asked if the county and city could work the license issue out if they hold a legitimate license in Bismarck, "Maybe there could be a thing where they would have to get an approval from both the city and county," he said.

Commissioner Brian Bitner said it was healthy for economic development and could make it a more competitive market for those who serve liquor.

"The rationale is if we issue a special license to a city license holder and they do something improper, then the county has no recourse," Glatt said. "If we issue a special permit to a county license holder and they serve to minors, then the county could impose some sanction on their license."

Schonert made a motion to grant the except and allow the restaurant the special liquor license permit.

All five commissioners approved the special variance.