Councilmembers talk about changes to local liquor laws

Sheila McGuire, Herald Reporter
Posted 9/22/17

City looks at changing liquor ordinances

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Councilmembers talk about changes to local liquor laws

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EVANSTON — Changes to city statutes pertaining to liquor licensing and age restrictions were a primary topic at the Evanston City Council meeting on Tuesday, Sept. 19. Two ordinances were discussed and approved on first readings. 

Evanston City Attorney Dennis Boal explained that the changes were necessitated by changes in Wyoming statutes made eariler this year in the 2017 legislative session. The first ordinance seeks to define the term “operational” in reference to the holders of liquor licenses.

According to Boal, the legislature amended the statute dealing with liquor licensing due to problems with people holding liquor licenses but not actively using them.

The previous state law allowed for an individual or business to hold a license for up to three years without actually using it, simply by opening for a period of three months every three years and then going dark again. 

The legislature revised the meaning of the term operational to include businesses that were open on an ongoing weekly basis. However, the legislature did not define what constituted an ongoing weekly basis and left it to municipalities to figure out the details. 

City officials worked with local businesses to come up with those details, with the new ordinance defining “ongoing weekly basis” as at least three hours per day for three days each week. 

In addition to the operational requirements, the ordinance changes the minimum purchase requirements. Whereas previously liquor license holders were required to purchase at least $500 of alcoholic or malt beverages annually in order to meet requirements as a licensee, the new ordinance will require the purchase of at least $2,000 worth of alcoholic or malt beverages annually.

License holders will be required to meet both the minimum purchase and the operational thresholds to maintain licensure. Although at the state level the amendments were the result of some licensees holding liquor licenses but not actually using them, this has not really been a problem locally.

“Evanston’s experience has been pretty good,” said Boal, “and we haven’t had the problems that other communities have supposedly had.” 

The second ordinance also deals with laws related to alcoholic beverages, specifically with persons under the age of 21 being allowed in businesses licensed to sell alcohol. These changes were also necessitated by moves made by the Wyoming legislature, who repealed the ordinance regulating the age of people allowed in dispensing rooms and did not replace it with anything. 

Boal said, “We’ve really wrestled with this one.” Again, Evanston officials worked with local businesses to craft the new ordinances. 

Under the new ordinance, persons under 21 years of age will be allowed in dining, seating or waiting areas of establishments selling alcoholic beverages for on-site consumption, up until 11 p.m., but will not be allowed to sit at bars where alcohol is sold or dispensed. Those under 21 will be able to go into liquor stores, provided they are accompanied by a parent or legal guardian over 21. 

Convenience stores and other retail stores that sell alcohol for off-site consumption will need to have a separate room for alcohol sales, but payment for the alcohol can take place outside of the separate area. Similar to liquor stores, those under 21 may go into the separate area provided they are accompanied by a parent or guardian over the age of 21. 

The second ordinance also considers employees of establishments that sell alcohol. An individual must be at least 18 years of age in order to “work in the sale, display and serving of alcoholic or malt beverages.” 

Councilman Mike Sellers thanked Boal for his work on the ordinances. “There were a lot of questions on this,” said Sellers, “and I think this is a good solution.”

Councilwoman Wendy Schuler echoed Sellers thanks and extended that appreciation to include local businesses who participated and shared input. She said, “There are some things I would have been a  little more strict about, but this is a good compromise.” 

In addition to these changes to city ordinances, Evanston City Clerk Amy Grenfell provided an update on the repairs to the Roundhouse following recent vandalism. Grenfell said that the building has been secured and is “very much usable.” 

Mayor Kent Williams said he had been in the Roundhouse recently and “unless you’re looking for the damage you’re not going to see it.”

Grenfell said, hopefully, the building will be totally repaired by Thanksgiving.