TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION PREPARATION DATE: July 28, 2016 MEETING DATE: August 1, 2016 SUBMITTING DEPARTMENT: Town Clerk DEPARTMENT DIRECTOR: Roxanne Robinson PRESENTER: Sandy Birdyshaw SUBJECT: Request to lift package sales restriction on The Rose Retail Liquor License STATEMENT/PURPOSE The Town Council is the local licensing authority for the issuance, renewal, and transfer of all liquor licenses with the Town of Jackson. It is necessary for the Mayor to OPEN A PUBLIC HEARING to hear protests against the issuance, renewal or transfer of these liquor licenses. After public comment has been taken, the Mayor must CLOSE THE PUBLIC HEARING. Today s item is consideration of a request to remove Condition of Approval #6 on the May 25, 2010 Council approval granting a retail liquor license to Pink Garter LLC d/b/a The Rose. BACKGROUND/ALTERNATIVES Pink Garter LLC d/b/a The Rose was originally granted a retail liquor license on May 25, 2010 with the following standard conditions: 1. Any additional minor corrections by staff and the Wyoming Liquor Division. 2. Prior to liquor license issuance, the applicant shall have obtained all required permits and approvals from all applicable Town/County departments. 3. Prior to ordering/dispensing alcohol, the applicant is required to pass a dispensing room inspection by the Wyoming Liquor Division or Town Clerk s office. and with four additional conditions: 4. Operating hours will be expanded to six or seven days per week 5. All employees will complete TIPS training 6. All alcohol sales will be for on-premises consumption only 7. When minors are permitted in the theater area, alcohol consumption will be prohibited in the theater area In June 2011, there was a request for a second dispensing room which failed. In April 2012, there was a request for a second dispensing room which was approved. In August 2014, there was a request for outdoor liquor service - on a portion of the first floor common area at the base of the stairs which lead up to the Pink Garter Theatre after 5:00pm which was approved. In August 2014, there was a request to enlarge the service window of the 2 nd dispensing room which was approved. In August 2015, a complaint was received regarding The Rose patrons being allowed to exit the licensed premises with alcoholic beverages. No further complaints have been received.
STAKEHOLDER ANALYSIS The owner would like Condition of Approval #6 All Alcohol Sales will be for On-Premises Consumption Only be lifted so he may proceed with his Rackhouse Operation and offer off-premises package sales through his retail liquor license. ATTACHMENTS The Rose Rackhouse Request by Dom Gagliardi FISCAL IMPACT The fiscal impact of allowing package sales is not yet known. There could be increased fiscal impact associated with taxes generated but there could also be significant fiscal impact associated with the cost of enforcement for alcohol related violations. STAFF IMPACT Jackson Police Chief Smith reports that historically there have been problems with intoxicated patrons remaining in the general proximity of the Pink Garter Plaza after the Rose Bar closes. Through ongoing dialog, the PD has had great success with the owner of the Pink Garter property, who has been very proactive in helping to institute rules at the location that has mitigated some of the problems. A number of calls for service are still received that occur between the hours of 2:00-4:00 a.m. in the general vicinity of the Pink Garter Plaza, but Chief Smith indicates that the problem has become manageable most nights, but will occasionally spike when there is an influx of visitors to Jackson, or if the Rose Bar hosts a special musical event. In summary, Chief Smith has reservations about package sales being available for late night consumption, increased public safety concerns, and concerns with underage drinking when persons who purchase alcohol begin to share with those around them. LEGAL REVIEW The Town Council can impose reasonable restrictions or standards on a retail liquor license. W. S. 12-4-101 through 12-5-405; the first line of the statute states that incorporated cities, towns and counties within Wyoming shall license and regulate or prohibit the retail sale of alcoholic and malt beverages under this title. The statute continues by stating that nothing in the statute prohibits the town from refusing to issue any license or permit authorized by this title. A license shall not be issued, renewed or transferred if the licensing authority finds from evidence presented at the hearing that: 1. the welfare of the people residing in the vicinity of the proposed license or permit shall be adversely and seriously affected; or 2. the purpose of the licensing statute is not carried out by the renewal or transfer of the license or permit; or 3. the number, type and location of existing licenses meet the needs of the vicinity under consideration; or 4. the desires of the residents will not be met or satisfied by the issuance, renewal or transfer of the license; or 5. any other reasonable restrictions or standards which may be imposed by the licensing authority shall not be carried out by the issuance, renewal or transfer of the license. Item five specifically grants the Town authority to impose reasonable restrictions (or conditions) on the license or licensee. If the condition is violated, upon a subsequent renewal, the condition could be removed pursuant to 12-4-104(b)(1) or (5). RECOMMENDATION Staff makes no recommendation.
SUGGESTED MOTION If the Council wishes to remove the condition: I move to withdraw Condition of Approval #6 placed on the May 25, 2010 approval of a retail liquor license for Pink Garter LLC d/b/a The Rose.
THE ROSE RACKHOUSE This document contains confidential & proprietary information belonging exclusively to The Rose Jackson Hole, LLC
background When I grew up I had a neighborhood corner store called M&P market. When I was old enough, I was sent on my bike to pick up the one item my mom needed to finish dinner and put it on our account. Every once in a while she would let me slip a candy bar on there for myself. The owners knew me by name and there was an immediate element of trust between us. Sounds like a story from the 1950 s but it is from the 1980 s, and seems in the 2000 s stores such as this are losing out to the chains of today. People come to good retail for a level of comfort they are going to find what they are looking for, or get the help they need to do so. Whether it is groceries or clothing or music, we often need a little help. Jackson Hole has come a long way in these types of stores in the 20 years I have lived here. Although some of the mom and pop stores have gone, other well-crafted outlets have emerged, and we are seeing success stories. We intend not to just be another liquor store, but to be much more. A place where a visitor can bring a piece of Jackson Hole home with them to remember, and a trusted outlet for a resident to rely on.
retail We aim to offer a collection of retail that continues to embrace what we love; entertainment, music, film, art & design. You will find branded products such as prints, clothing, and fedoras or bowler hats. Lunch boxes, bandanas, tote bags, tumblers, playing cards, and more fun items as well. We will offer a monthly vinyl selection such as the box set from the historic Jack White tour which visited the Pink Garter in 2015. Original local artist Pink Garter show posters, live recordings, and more to memorialize guests experience at our venue and bar. House made bread, dairy, Gute Butter and other exciting surprises from our Michelin Star chef René Stein. Some of the items for sale will be in connection with local organizations and partnerships such as instruments and music lessons from GAIN, Jackson Hole Music, and musicians we work with. Pottery from local Jenny Dowd, whom we exclusively use as our dinnerware. Cocktail culture from our partners Proprietors, LLC, such as the Death and Co. book, our partner bar in NYC. Through this expansion we can not only highlight local items similar to great stores like MADE but also continue to bring this incredible connection from the big cities to our small town. See the attached link for an example of what they are up to: punchdrink.com/articles/the-la-cocktail-lab-fueling-americas-best-bars
spirits Our approach at the Rose to alcohol has always been to treat it with the utmost respect. Not only in its effect on people, but in its preparation. We choose only the bottles we feel proud to put in our cocktails or serve neat. Therefore our selections will be limited to the same offering we carry in the bar. This is boutique bottle shop. Their are many stores available to pick up your favorite domestic 24 pack of beer or well known bottle of vodka. You will be able to grab a six pack of local beer, but we want to offer a step forward. The Rose has been ahead of its time in bringing cocktail culture to a small community like Jackson, as well as the only craft cocktail program attached to a music venue in the country. We were included on a list in 2014 Food & Wine magazine as one of the Best Cocktail Bars in the US: www.foodandwine.com/slideshows/best-cocktail-bars-us/19 We build branded wood-crate cocktail packages for purchase, such as our famous Old Fashioned: Old Weller 107 bourbon, Demerara sugar to make syrup, Angostura bitters and a detailed descriptions of how to prepare ingredients and make the drink at home. Ice cubes trays, travel kits and more designed with M&P design and Proprietors, LLC, giving everyone an opportunity to be a mixologist. With wine, we feel food and beverage is moving towards hand produced, small production product that expresses a unique history, technique, and flavor profile complimentary of what we see as a crucial aesthetic; a confluence of ethic, trade, history, individual spirit, and quality. www.vogue.com/13427836/natural-wine-industry-chemical-free/ Our partnership with Bent Frenchman will bring this into our store. Between the recipes, advice and products we will offer, we will give our clients an understanding of how a careful decision is made which can change your entire perspective on consuming alcohol.
details The store will only amount to approximately 150 square feet. With Jackson Treehouse and Asymbol Gallery moving on, we would be located on the ground floor of the Pink Garter plaza with a new opening from the courtyard commons space. As a comparison we would be a one-person staff with a counter and selections on all walls, floor to ceiling, similar to the old Tobacco Row. By having one person on per day, we can utilize our current staff to accomplish our goal. No need to add to the current employee crisis. Our crew volunteers their time for weekly study sessions we call Bar Banter, to gain knowledge on wine, spirits, and beer. Our store will offer them the practice and connection with guest to tour them through this knowledge. Guiding a guest to right sustainable wine with the meal they are about to prepare, or the background behind Del Maguey Mescal they just received from a visit from its founder the week prior, or how local Highwater Vodka is made and came to be. We have so much interesting and fun information to communicate on all of what we do at the Rose, this store will be our opportunity to share it. Hours of operation will be 5 to 7 days week depending on the season, from 12pm until 11pm (midnight on weekends). We will fluctuate closing slightly as we learn the busy times for pizza to go from Pinky G's. As mentioned, we are more interested in the overall retail experience at the Rackhouse then to offer alcohol to the public during late night hours.
public relations Due to the efforts of our community as a whole, Jackson has become an even more popular destination lately. Good PR is bringing us the recognition we deserve. Articles about a travel destination often touch on the same subjects; outdoors, entertainment, accommodations, shopping, food, and now cocktails. Such as this Departures magazine article www. departures.com/travel/travel/high-times-jackson-hole-wyoming We think the author sums it up well saying The Rose is perhaps the best example of Jackson s future. We intend to build the Rackhouse to make sure it will be written about in the same vein. We hope you will join us in bringing this vision to life and remove the stipulation for off-premise sales to our retail liquor license. Thank you for you consideration. Dom Gagliardi The Rose President and Managing Member dom@pinkgartertheatre.com 307.690.4857
From: To: Cc: Subject: Date: Attachments: Travis Goodman Town Council Chas Marsh; dom@pinkgartertheatre.com Supporting The Rose Rackhouse Sunday, July 31, 2016 6:06:29 PM RoseRackhouseLetter.docx ATT00001.htm Screen Shot 2015-02-24 at 3.39.58 PM.png ATT00002.htm To the Jackson Town Counil: Please read the attached letter in support of The Rose Rackhouse:
From: To: Subject: Date: Miller Resor Town Council Retail wing of The Rose Tuesday, July 12, 2016 3:05:50 PM Members of the Town Council, As a partner in The Rose I have watched Dom Gagliardi work tirelessly to realize his vision of bringing world class music, craft cocktails and local food to the heart of Jackson. In my opinion it has brought fresh life to the town square while simultaneously adding to the western mountain town mystique. My understanding of the retail wing of The Rose, is that it will be a general store selling products that reflect and celebrate the burgeoning entrepreneurial spirit of Jackson Hole, as well as items and products useful to visitors and locals alike. Frankly, this sounds much more interesting and in line with our town characters than another t-shirt shop. I'm proud to be associated with the modern day Pink Garter Plaza complex, which also includes Pinky G's Pizzeria and The Whiskey Barber. I hope the Town Council will help Dom, The Rose and the rest of the Pink Garter Plaza succeed. Thank you for your time and consideration. Sincerely, Miller Resor
From: To: Subject: Date: Ethan Steinberg Town Council Comment regarding Pink Garter liquor license... Monday, July 11, 2016 11:29:51 PM To whom it may concern- As always I appreciate the TOJ s interest and attention to what individuals of the community think about what you re addressing. I d like to voice my support for the packaged liquor license application for the Pink Garter business. I don t think it would detract from the character of the commercial area and would add a convenience to shopping for packaged product to that side of the town square. The Pink Garter has proven to be an important addition to the diverse and great options near the town square and I would expect them to be good stewards of this privilege and opportunity. I hope you consider them for this license. Thank you. Ethan Steinberg (full discloser: I am a minority investor in the Pink Garter)
From: To: Cc: Subject: Date: Geoff Armstrong Town Council Dom@pinkgartertheatre.com Gagliardi Proposed retail application for the Pink Garter Tuesday, July 12, 2016 9:26:39 AM Dear Council members My name is Geoff Armstrong. I have lived in this valley for 17 years and have seen many businesses come and go but few have been so positively impactful to Jackson s entertainment scene as The Pink Garter/Rose. From high end dining and national entertainment to a gathering place for for locals and tourist, It has always been authentically Jackson. Dom Gagliardi and his staff have been a very positive addition to the town of Jackson. The Request for a retail Permit at street level will accomplish several mutually beneficial objectives. Operating a retail business on the second floor is a non-starter but having a presence at street level will allow tourists and other consumers an easy accessible way to find out what is going on upstairs and to be able to purchase unique items to support the brand and the town of Jackson. In a growing vibrant community, The Rose is the only establishment that is bringing National and regional quality entertainment to Jackson. I Have been in the entertainment business for 20 plus years and cant emphasize strongly enough how important that is to the external view of the desirability of a town s social scene. It is essential we do everything possible to support its success. If you examine Mr Gagliardi s history you can be assured that his proposal if granted will be executed with the professionalism and authenticity that he has demonstrated throughout his career. I strongly urge you to review and approve this proposal. Thank You for your consideration Geoff Armstrong Chairman 310 Partners
From: To: Subject: Date: Diana Welch Town Council In Support of The Rose Rackhouse Proposal Monday, August 01, 2016 10:41:41 AM Hello Town Council Members, I am writing to voice my support of the proposal by The Rose to open a retail store on the ground level by the Pink Garter Theater. I believe this will be a welcome addition to the retail market of downtown Jackson, and am particularly excited because they will feature some local products and artisans. I believe The Rose has already helped contribute to a vibrant and welcoming downtown area, and this retail addition will only enhance that presence. I find The Rose to be a unique and classy venue and no doubt their retail operation will have the same flavor. I encourage you to vote YES on the Rose Rackhouse Proposal tonight! Thank you, Diana Welch