Talks on liquor license compromise move forward

Jul. 1—CHEYENNE — An impasse on liquor licensing, with some industry officials on one side and localities on the other, could possibly be overcome.

Based on testimony to a Wyoming legislative committee hearing Thursday and on the Wyoming Tribune Eagle's follow-up phone conversations with witnesses, a possible end may be in sight to the long-lived logjam over how to get extra liquor licenses to local businesses.

Officials in cities, including Cheyenne, have sought to free up more authorizations, perhaps from state authorities, that would let additional establishments of various kinds sell alcohol.

The overall aim is not to necessarily add more bars. Instead, stakeholders discussed goals of allowing businesses that don't solely focus on selling booze to sell alcohol in addition to their core focus. One example is Ace's Range. Its owners would like to sell drinks in addition to providing golf simulations and laser shooting-type games.

Problem was, one of its representatives testified, Cheyenne had only a single retail liquor license to award recently. Yet there were about 10 applicants.

"We are not bar-centered, but entertainment-centered, and it's nice to have a cocktail while playing," said April Brimmer Kunz from Ace's Range, which did not get the municipality's nod. "The frustration level on our part was that everybody that applied in Cheyenne was qualified." She described the establishment as "my son's dream, and I'm his partner in trying to make that dream come true."

As Cheyenne Mayor Patrick Collins noted, City Council members likewise were disappointed they could not award a full slate of approvals. "It killed our City Council to have to say no" to all but one applicant, he told the state Legislature's Joint Corporations, Elections and Political Subdivisions Committee. "Probably a little bit harder on the guys we had to say no to."

Witnesses appeared in person during a hearing that was webcast from Hulett.

Details

Rather than seeking to immediately free up additional full retail liquor licenses, participants in the talks told the WTE they are eyeing other types of licenses that could be more limited in scope.

One such authorization could allow for taverns that need not sell food, and that would be barred from selling packaged/take-out liquor and that could not provide alcohol to catered occasions. As there is not complete stakeholder support for this, a couple of other alternatives also are under discussion and appear to have more support among the liquor and hospitality industries.

Ideas that stakeholders said have been getting more traction during private conversations prior to the hearing would include possible forthcoming legislation for more licenses of a combination bar and grill. Eventually, perhaps in 10-plus years, there could be an unlimited number of some types of liquor licenses in the state.

"We've got some relative agreement from both sides ... to essentially allow for more of those" bar-and-grill licenses, David Fraser, executive director of the Wyoming Association of Municipalities, said by phone. Of adjusting liquor retail laws generally, he noted that it will be the decision of lawmakers, not the participants in the private-sector and municipality talks.

"At the end of the day, it's what the Legislature votes on" that counts, Fraser said. "It does help the process if we're bringing a proposal" to lawmakers, he continued, "as opposed to hoping they will referee" an accord into existence.

As always with legislative issues that are under study, as well as with negotiations that are not yet finalized, details are in flux. No final pact among stakeholders appears to have been finalized.

Another idea that has been floated would let a business sell drinks if its entertainment and food sales comprised at least 60% of the company's total revenue. Alcohol would not be allowed to make up more than 40%, according to stakeholders, including Cheyenne Mayor Collins.

The mayor said that such a permission could apply to Ace's Range. "Anything that opens up entertainment" and "things for people to do" locally, he would favor, Collins said by phone as he drove back from the hearing. "It's really frustrating for us to have to say no to people when they want to get into a business."

Some lawmakers also seemed frustrated with the status quo.

Sen. Tara Nethercott, R-Cheyenne, wants to "stop what I think is this circling of the drain," she said. The concern is license limits could be "stopping economic growth," she added, wondering aloud if the suggested solution would really help. "Let's open up business in Wyoming," the lawmaker said.

Talks

Some of the principal members in the negotiations over finding a compromise path ahead on liquor licenses include WAM and the Wyoming State Liquor Association, participants said.

Others in the loop include the city of Cheyenne, some chambers of commerce and the Wyoming Lodging & Restaurant Association.

"I've never heard any of our members voice concern over additional competition," testified Chris Brown, an executive at the Wyoming Lodging & Restaurant Association. "It's always been about protecting the investment that existing businesses have already made."

WLRA's members may support the bar-and-grill proposal, Brown said. The group is taking a neutral stance on licensing for taverns, he added. "We just want to make sure that those already have invested, that already have a quarter-of-a-million dollars on the books" are not hurt, Brown noted.

Generally, WAM, like Cheyenne and its mayor, are in favor of allowing for more permissions to sell liquor. The Wyoming State Liquor Association, whose head also testified, did not reply to queries seeking comment.

"We want more licensees" while wanting to ensure existing holders are not harmed, WSLA Executive Director Mike Moser told the lawmakers.

Stakeholders noted that members of the legislative committee asked the Legislative Service Office to draft possible bill language along the lines of the bar-and-grill licensing expansion and for food-entertainment-alcohol venues. Any such proposals could be made public shortly before the committee's next meeting, which currently is scheduled for Aug. 25-26, and then members of the legislative panel could discuss it then, LSO spokesperson Ryan Frost said by phone.

The Wyoming State Liquor Association, WAM and others did "a lot of work" to "get to this point," Collins told the WTE. "We've really worked hard to try to find areas where we can work together."

Jasmine Hall is the Wyoming Tribune Eagle's state government reporter. She can be reached by email at jhall@wyomingnews.com or by phone at 307-633-3167. Follow her on Twitter @jasminerhphotos and on Instagram @jhrose25.