Bismarck-area bar denied liquor license on sheriff's advice

The 4-0 vote at a special commission meeting followed a presentation by Burleigh County Sheriff Kelly Leben about the bar's troubled past with her office and its “incomplete and inaccurate” license application. Commissioner Chairman Brian Bitner was absent from the special meeting.

Crossroads Tavern is located on the corner of US Highway 83 and Northeast 71st Street, just north of Bismarck. The bar was formerly Burnt Creek Bar and Grill before Jake Miller and his wife, Jocelyn, acquired the building in 2020.

The bar first received its liquor license in June 2020. This license was renewed in 2021, 2022 and 2023, respectively. According to state law, a liquor license must be renewed annually.

“Let me start by saying we are in uncharted territory,” Leben said. “In my 34 years with the sheriff’s department, I don’t know of a single time when the sheriff came before the commission to recommend non-renewal of a liquor license.”

Leben said his office first became concerned about Crossroads' activity in 2022. Concerns initially focused on issues such as insufficient lighting in the parking lot, security measures and the bar's closing time at 2 a.m., an hour later than other bars in the area, leading to increased traffic; however, the issues escalated to the point of being considered “serious activity.” Much of the activity continued to persist, including an incident in which police officers fired Tasers at non-uniformed bar security staff who were consuming alcohol.

Since the beginning of this year, the department's interactions with the bar have shifted to its owners. Jocelyn Miller was charged with domestic violence in January; she pleaded guilty to misdemeanor disorderly conduct and was sentenced to two days in jail and about a year of probation.

Jake Miller faces two felony drug cases in which police say they found cocaine in his vehicle during traffic stops. He pleaded not guilty.

The sheriff also cited a recent arrest by the Metro Area Drug Task Force of four out-of-state people for alleged drug trafficking in the Crossroads Tavern parking lot.

The county also believes Jake Miller may have used his business for drug trafficking and illegal sexual activity, Leben said. Investigators conducted a forensic analysis of two cell phones carried by Jake and found messages that he attempted to organize a drug deal in Crossroads. They also found messages they believed were an attempt to hire prostitutes.

“It's one thing to engage in this conduct as a citizen. It's another when you have a liquor license that specifically prohibits it beyond state law,” said Leben.

Court records show no charges against Jake Miller or the bar related to solicitation or drug trafficking.

Leben recommended the council not renew the liquor license on the grounds that it is “inaccurate and incomplete.” As part of the application process, the bar will need to receive a letter of approval from the Hay Creek Township Board of Trustees. He said the application, which was completed by Jocelyn Miller, was inaccurate because it did not list all of her husband's criminal charges, adding that the charges were key to determining whether he would even qualify for a license.

Jocelyn Miller was present at the meeting and the commissioners gave her the opportunity to address the board before the commissioners' vote. She told commissioners she was not aware of all the accusations against her husband, adding she was not at liberty to respond further to his criminal accusations.

“When I filled out the form, I wasn't aware of all the charges. I really wasn't,” she said. “Some things were very surprising today.”

Jocelyn Miller briefly addressed other concerns raised by Leben. She said security personnel have always been difficult to recruit and sometimes those they hire don't show up. Existing bar security personnel are often insufficiently trained. Indeed, despite efforts to hire qualified security guards, the bar has failed to find suitable candidates.

This sometimes results in the bar asking other employees to step in and help, often without shirts identifying them as security personnel.

“We try to make our establishment as safe as possible and create a fun environment for our guests,” she said. “You know, we don’t want any fights.”

Jocelyn Miller also said the bar had considered moving its closing time to 1 a.m. She said the business makes a lot of money in the last hour it's open, but ultimately it would be safer to close sooner. She did not explain why the change had not yet been implemented.

Commissioner Wayne Munson said the commission gave the bar the option last year to change the closing time. Although the commissioners do not have the authority to impose an earlier closing time for the bar, they made the decision last year to maintain the liquor license, largely based on their suggestion according to which the company would consider closing earlier today.

“The company chose not to listen to our suggestion,” Munson said. “The comment was that it was their 'profit hour,' and I understand that. As a business owner, I understand that.”