Residents of Bismarck won't be having their liquor home-delivered anytime soon.

The Bismarck City Commission on Tuesday nixed creating the new liquor license type because it is not spelled out in state law.

Cody Fleckenstein asked that the city liquor code be amended or a new liquor license be started to allow him to start a new business to bring the alcohol to home buyers.

Fleckenstein reasoned this would help lower the level of DUIs. "Sixty percent of arrests are alcohol-related," he said. "Eighty percent of driving fatalities are alcohol-related. We are looking for approval to drop those numbers and make our community safer for all of us."

In his business plan, Fleckenstein said all orders would be submitted into a computer by his staff. All delivery drivers would be at least 21. "We would restrict days of the week and times the alcohol would be delivered, and restrict the amount of alcohol delivered," he told commissioners.

He said identification, confirming the buyer was of legal age, would be required. The delivery person would be required to document the person buying and the address of the person making the purchase.

"This would be to try and help law enforcement with minors," Fleckenstein said. "If a car load of minors is pulled over (with the alcohol delivered), all these transactions would be of public record."

He said the record-keeping would help law enforcement catch both the minors and the people contributing the alcohol to the minor.

Fleckenstein said research revealed there are other places around the country doing this. "They are seeing very successful rates with the number of offenses dropping in their area," he said.

He added North Dakota is third in the nation for alcohol-related offenses and drunken fatalities, and this would help lower that.

He said some establishments do deliver, but the purchase must be made in the business selling liquor. Fleckenstein requested a new ordinance that allows the sale to occur at the residence.

He said his staff would carefully examine the identification to ensure they were valid.

"The state law in this area is pretty specific," said City Attorney Charles Whitman. "You have to have an established license premise approved by the local governing body. … All sales have to take place on the licensed premises." He said the exception was a special event permit for temporary sales off the business grounds.

Whitman said before a city ordinance could be drafted, the state law would have to change. If state law allows the new license, he said the city would have to auction or bid the new license.

Police Chief Keith Witt was skeptical this type of license would reduce DUIs. "I would have enforcement concerns. … To me, it almost makes it an easier situation to get the alcohol in situations it shouldn't be."

Commissioners voted to deny the request.

(Reach reporter LeAnn Eckroth at 250-8264 or leann.eckroth@;bismarcktribune.com.)