The Ward County Commission held a hearing Tuesday, Aug. 19, on a complaint filed by the Ward County Sheriff’s Department against M and S Concessions that concluded with a 10-day license suspension.

Capt. Jason Kraft with the sheriff’s department said compliance checks and observations during the State Fair found multiple instances of sales to individuals younger than 21.

The department’s complaint listed six incidents of minors purchasing alcohol either with no identification, their minor IDs or poorly designed fake IDs. In one instance, a juvenile estimated to be grade school age was observed scanning identification for entrance into the Flickertail establishment.

M and S Concessions, which regularly operates on the fairgrounds, failed to either list its points of sale during the fair on its license application or obtain a special event permit for its State Fair sites, the complaint stated.

Jill Schramm/MDN Jeff Senger, owner and general manager of M and S Concessions, addresses the Ward County Commission Tuesday, Aug. 19. Behind him, at right, is Capt. Jason Kraft with the Ward County Sheriff’s Department.

“We take this very seriously,” said Jeff Senger, owner and general manager of M and S Concessions. “I very much look forward to working with both the sheriffs department and the health department to try to solve some of these problems.”

“I can tell you there’s a lot of violations here that it doesn’t seem like it was being taken seriously,” Commissioner Jason Olson said. “It should be incumbent upon you to take steps to make sure that you’re within the law. It isn’t our job to put regulations on you to say, ‘Oh, you have to do your job.’ Your job is not to sell alcohol to minors. You figure it out.

“I’m not a three strikes, you’re out, on this,” he added. “I think if in the future, this happens again, I’d be more inclined to revoke your license and say, ‘You know what? If this kind of behavior isn’t corrected, then somebody else can have that license.'”

Olson also took issue when learning rules requiring alcohol to be consumed on the sale premises were loosened in recent years, enabling people to consume alcohol anywhere on the fairgrounds.

“I just don’t think they’re in compliance with state law in allowing minors to be in the area where alcohol is being consumed, which is the entire fairgrounds,” he said.

Amy Silverwood-Miranda, alcohol prevention program coordinator with First District Health Unit in Minot, provided recommendations for the commission to consider. One recommendation is that all retailers, managers and security staff attend responsible server beverage training.

“They should be informed about what falls on them and what the consequences can be for providing alcohol to a minor, or not IDing or providing to somebody who has already consumed too much alcohol,” she said.

Another recommendation is to use wristbands. Wristbands would be available at booths around the fairgrounds for those with proper identification and would entitle wearers to purchase alcohol.

Silverwood-Miranda said this addresses the problem of trying to ID numerous people during rush times.

“It isn’t a foolproof way, but it is an improvement over what we already have,” she said. “One, it’s showing that we’ve got more enforcement, and we are looking at it and it’s something that we take seriously and, two, it just provides an extra level of security.”

She suggested reviewing policies related to purchasing drink tickets to prohibit large quantity purchases. Leftover tickets increase the chances of extras falling into the hands of minors, she said.

She urged a return to drinks staying within the venue, with a limited number of drinks available for purchase at one time and smaller containers. The goal is not just to limit youth access to alcohol, she said.

“It’s also the norms that we’re putting out there,” Silverwood-Miranda said. “They learn a lot from the adults in how they are consuming and what they are consuming.”

Senger welcomed the suggestions, particularly given the interest his company already has in trying wristbands.

Additionally, Senger said all M and S Concessions employees take the server training, but during the fair, it relies on assistance from volunteers and hiring agencies who may not be trained. He also explained that at the time the premises became the entire fairgrounds, the county auditor’s offices indicated identifying specific sale sites no longer is necessary during the fair.

Although receptive to a fine, Senger was informed the county’s liquor license resolution does not allow for fines. The commission’s recourse is limited to suspension or revocation.

Commissioner Miranda Schuler recommended a 30-day suspension, effective immediately, due to what she called the severity and number of the violations. She eased her motion to 10 days after it was noted Motor Magic, a major Labor Day event, would not be able to have beer served. The 10 days will impact smaller events.

Commissioner Jim Rostad declined to support the motion, saying his objective is not to impose a penalty.

“My objective is to get this thing changed so this doesn’t happen again,” he said. “Let’s get on with it and do what we have to do because I don’t want underage drinking out there.”

The 10-day suspension was approved with Schuler, Olson, John Fjeldahl and Ron Merritt voting in support.

“Going forward from here then, we’ve got some work to do as far as drafting some resolutions,” Fjeldahl said. Commissioners voiced interest in new requirements for server training and wristbands in open venues such as fairgrounds or golf courses as well as adding fines to its penalties.