The owner of a downtown Fargo billiards hall violating its liquor license convinced the city's Liquor Control Committee Wednesday to consider a special license only for pool halls.
Billiards on Broadway has owned a Class F liquor license since 1999.
Designed for restaurants, the license requires at least 50 percent of gross receipts to be derived from food sales. Alcohol must be served to booths or tables - no bars allowed.
Owner Marc Oelslager said the pool hall initially met the food requirement through its sales of pizza, hamburgers and chicken sandwiches.
However, the city changed its definition of a restaurant in March 2002 to say the food can't consist primarily of pre-packaged and frozen foods, City Auditor Steve Sprague said.
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"It's obvious - and Marc will admit - that it's not a restaurant," Sprague said. "But when he got the license, he got the license that was appropriate at the time. Now the question is: Should he be grandfathered in?"
City Attorney Garylle Stewart advised against that route, saying the liquor ordinance applies to all licenses in that classification.
To remedy the situation, Oelslager proposed a new class of license that would allow a 21-and-over bar area with a minimum of 15 pool tables, a separate non-smoking, all-ages section and sales of pizza, fries, burgers and other sandwiches.
At least 50 percent of the revenue would be generated from billiards sales, service and play, Oelslager said.
He proposed a license cost of $25,000.
Oelslager pointed out that Fargo created a special class of liquor license for golf courses last year and another for wine bars last month.
Fargo currently has more than 20 classes of liquor licenses, and Mayor Bruce Furness said he's not excited about creating another one.
"We're running out of letters," he said.
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The Liquor Control Committee voted 5-0 to direct city staff to draft a billiards-only license for consideration.
In other business Wednesday, members tabled a request from the Sandtrap at Osgood Golf Course to extend its closing time to 2 a.m.
Clubhouse owner Grant Hoovestol said the 11 p.m. closing time required by the Class FA-Golf liquor license - created specifically for the clubhouse in April 2005 - is too early for Christmas parties.
Readers can reach Forum reporter Mike Nowatzki at (701) 241-5528
