TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION PREPARATION DATE: January 8, 2014 MEETING DATE: February 18, 2014 SUBMITTING DEPARTMENT: Town Clerk DEPARTMENT DIRECTOR: Roxanne Robinson PRESENTER: Roxanne Robinson, Assistant Town Manager SUBJECT: 2014-2015 Liquor License Renewals STATEMENT/PURPOSE The Town Council is the local licensing authority for the issuance, renewal and transfer of all liquor licenses within 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. Town Council is then able to act on the renewals of these licenses. BACKGROUND/ALTERNATIVE Jackson BBQ Holdings LLC d/b/a Bubba s is not applying for 2014-2015 restaurant liquor license renewal due to a recent change in ownership. However, the Town Council will act on a transfer on this license on March 17, 2014 should Mr. Rice submit all of the required materials in a timely fashion. Town of Jackson liquor licenses for the 2014-2015 license year consist of the following: 3 Bar & Grill Liquor Licenses 2 Limited Retail Liquor License 2 Microbrewery Permits 3 Resort Liquor Licenses 34 Restaurant Liquor Licenses 20 Retail Liquor Licenses License Type Applicant DBA BAR & GRILL MERRY PIGLETS MEXICAN CANTINA & BBQ INC THE MERRY PIGLETS BAR & GRILL BISTRO MRG LLC RENDEZVOUS BISTRO BAR & GRILL THE LOCAL LLC LOCAL & BAR LIMITED RETAIL BPO ELKS 1713 BPO ELKS 1713 LIMITED RETAIL COMMUNITY CENTER FOR THE ARTS INC CENTER FOR THE ARTS MICROBREWERY SRB OPERATIONS LLC JACKSON HOLE PUB & BREWERY SNAKE RIVER BREWING MICROBREWERY JH BREWERY LLC JH BREWERY RESORT BENCHMARK HOSPITALITY OF WYOMING INC SNOW KING RESORT RESORT ALL SUITE DEVELOPMENT THE LODGE AT JACKSON HOLE
RESORT CENTER MANAGEMENT INC THE BLUE LION INC THE BLUE LION SELKIRK INC PICAS SNOW KING SPORTS & EVENTS CENTER SWEETWATER INC SWEETWATER CHINATOWN LEE INC CHINATOWN MADE IN JACKSON HOLE INC THE BUNNERY HIGH PLAINS PIZZA INC PIZZA HUT #245 THE GUN BARREL STEAKHOUSE LLC THE GUN BARREL PEKING BEST INC HONG KONG BUFFET RUSTY PARROT LODGE & SPA LLC RUSTY PARROT LODGE F & B 1 LLC NIKAI SUSHI TAMLY LLC OCEAN CITY CHINA BISTRO THE SALSA GROUP INC EL ABUELITO FAMILY TWO 45 LLC BON APPE THAI WLB LLC TRIO THE ALPINE HOUSE THE ALPINE HOUSE THE ICHIBAN LLC KAZUMI JAPANESE CUISINE TRIPLE LINDY ENTERTAINMENT INC SRB OPERATIONS LLC THE KITCHEN LLC THE KITCHEN PLANET PALATE LLC LOTUS CAFÉ MILLION DOLLAR COWBOY STEAKHOUSE JACKSON HOLE PUB & BREWERY SNAKE RIVER BREWING EFC WY LLC E LEAVEN FOOD COMPANY JEREMY TOFTE THAI ME UP CRISTINA SANCHEZ PEREZ EL TLAXCALTECA WHITE BUFFALO CLUB LLC THE WHITE BUFFALO CLUB PIZZA ANTICA LLC PIZZA ANTICA 135 E BROADWAY LLC CAFÉ GENEVIEVE BETTY ROCK LLC BETTY ROCK CAFÉ MACPHAIL LLC MACPHAIL'S BURGERS AMERICAN GRILL ILLAMAR LLC PINKY G'S PIZZERIA THE INDIAN ROOM LLC THE INDIAN PIZZERIA CALDERA LLC PIZZERIA CALDERA
VICTORIA ENTERPRISE LLC LOS NOPALITOS PERSEPHONE BAKERY LLC PERSEPHONE BAKERY RETAIL THE SILVER DOLLAR INC SILVER DOLLAR BAR RETAIL THE COWBOY GROUP INC MILLION DOLLAR COWBOY BAR RETAIL FLAT CREEK DEVELOPMENT COMPANY VIRGINIAN TAVERN RETAIL THE MATTHEIS COMPANY TOWN SQUARE TAVERN RETAIL SMITH'S FOOD & DRUG CENTERS INC SMITH'S LIQUOR RETAIL LIQUOR STORE OF JACKSON HOLE INC THE LIQUOR STORE RETAIL CRU LLC BIN 22 RETAIL JOHNSON RESORT PROPERTIES INC THE RUSTIC INN AT JACKSON HOLE RETAIL PLAZA LIQUOR LLC PLAZA LIQUOR RETAIL JACKSON LIQUORS LLC KJ'S PHILLIPS 66 RETAIL NEB LLC SIDEWINDERS RETAIL LAWRENCE B HARTNETT BUD'S EASTSIDE LIQUOR RETAIL WYOMING GROCER LLC JACKSON WHOLE GROCER RETAIL TASTEBUDS LLC LIFT JACKSON HOLE RETAIL NANI'S INC NANI'S GENUINE PASTA HOUSE RETAIL SNAKE RIVER CORPORATION SNAKE RIVER GRILL RETAIL PINK GARTER LLC THE ROSE RETAIL VFJH LLC VOM FASS OF JACKSON HOLE RETAIL BOCHICCHIO INC CREEKSIDE MARKET & DELI RETAIL WOODSHED LLC HOTEL JACKSON Additionally, Town Council approved the transfer of location and ownership of a retail liquor license from Jackson Whole Grocer LLC to Wyoming Grocer LLC d/b/a Whole Grocer 974 West Broadway to 1155 S HWY 89, on November 5, 2012 conditioned upon the applicant obtaining all required permits and approvals from all applicable town/county departments prior to liquor license issuance at the new location within the timeframe set forth in Wyoming State Statute 12-4-103(a)(iv). At the time of writing this staff report, the licensee has not yet obtained all required permits and approvals from various town and county departments at its new location. As such, the licensee is not yet operational at the new location and the updated license has not been issued. Because the two year timeframe expires on November 5, 2014, within the upcoming 2014-2015 liquor license year, staff is recommending Town Council approve the Wyoming Grocer LLC renewal application through a term ending on November 5, 2014 unless the Town Clerk determines that the conditions of approval have been met and that the licensee is operational and issues the license prior to November 5, 2014, then the license be approved for a term ending on March 31, 2015. Staff has contacted the licensee and the licensee has indicated that they anticipate being operational at the new location by the summer of 2014, prior to November of 2014. Wyoming State Statute 12-4-103(a)(iv) states that any licensee who fails to demonstrate that his licensed alcoholic or malt beverage enterprise will be operational in a planned but not physically functional building
within two (2) years after a license or permit has been issued or transferred, or if holding a license, fails to open his business in a functional building within two (2) years after license issuance or transfer. Upon a showing of good cause by the licensee and for an additional period of not to exceed one (1) year, the local licensing authority may extend the time period in which the business or enterprise of the licensee is required to become operational or open for business pursuant to this paragraph. Any license or permit in violation of this paragraph shall not be renewed by the local licensing authority; The following is an excerpt from the Wyoming State Statutes (Section 12-4-105) regarding the issuance, renewal or transfer of liquor licenses: (b) Any license or permit authorized under this title shall not be issued, renewed or transferred until on or after the date set in the notice for hearing protests. If a renewal or transfer hearing, the hearing shall be held no later than thirty (30) days preceding the expiration date of the license or permit. A license or permit shall not be issued, renewed or transferred if the licensing authority finds from evidence presented at the hearing: (i) The welfare of the people residing in the vicinity of the proposed license or permit premises shall be adversely and seriously affected; (ii) The purpose of this title shall not be carried out by the issuance, renewal or transfer of the license or permit; (iii) The number, type and location of existing licenses or permits meet the needs of the vicinity under consideration; (iv) The desires of the residents of the county, city or town will not be met or satisfied by the issuance, renewal or transfer of the license or permit; or (v) 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 or permit. ATTACHMENTS None FISCAL IMPACT Renewal of these licenses will generate approximately $99,830 in fees paid to the Town of Jackson. STAFF IMPACT Staff impact associated with renewal applications is mostly complete at this point. LEGAL REVIEW The renewal applications were reviewed by the Town Clerk s Office prior to forwarding them to the Wyoming Liquor Division. The Wyoming Liquor Division has reviewed the applications and has certified them as complete in accordance with Wyoming Statute Section 12-4-104(d). Please note that at the time of writing this staff report, several applicants are still negotiating leases which extend completely though the 2014-2015 liquor license year. The Wyoming Liquor Division is comfortable with Town Council approving these licenses subject to a condition of approval that a lease meeting liquor license requirements is submitted prior to March 31, 2014. RECOMMENDATION Staff recommends that the Town Council approve all of the liquor license renewal applications for the 2014-2015 license year as presented excluding the Wyoming Grocer LLC application, subject to the following conditions: 1. Any additional minor corrections by Staff and the Wyoming Liquor Division. 2. F & B 1 LLC d/b/a Nikai Sushi shall submit lease documentation meeting liquor licensing 3. Tastebuds LLC d/b/a Lift Jackson Hole shall submit lease documentation meeting liquor licensing
4. Betty Rock LLC d/b/a Betty Rock Café shall submit lease documentation meeting liquor licensing 5. The Indian Room LLC d/b/a The Indian shall submit a food permit prior to liquor license issuance. 6. All renewed liquor licenses are subject to the same conditions and restrictions of initial license approval unless later amended by Town Council. Staff recommends Town Council approve the Wyoming Grocer LLC renewal application through a term ending November 5, 2014, unless the Town Clerk determines that the conditions of approval have been met and that the licensee is operational and issues the license prior to November 5, 2014, then the license be approved for a term ending on March 31, 2015. SUGGESTED MOTION I move to approve the liquor license renewal applications for the 2014-2015 license year as presented in the staff report excluding the Wyoming Grocer LLC application subject to the conditions listed in the staff report and further move to approve the Wyoming Grocer LLC retail liquor license renewal application through a term ending on November 5, 2014, unless the Town Clerk determines that the conditions of approval have been met and that the Wyoming Grocer LLC is operational and issues the license prior to November 5, 2014, then the license be approved for a term ending on March 31, 2015.