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Cheyenne City Council shoots down resolution allowing distilleries in open container ordinance

The council voted 5-4 against the resolution, with Councilmembers Scott Roybal, Bryan Cook, Ken Esquibel and Richard Johnson voting for it.

Chronicles Distilling in downtown Cheyenne. (Photo courtesy of Chronicles Distilling)

CHEYENNE, Wyo. — A resolution that would have allowed distilleries to be added into Cheyenne’s open container laws was shot down by city councilmembers during their Tuesday meeting.

Distilleries, which often serve hard liquor, are excluded from the city’s open container ordinance, which states that only malt beverages can be served year-round for off-premises consumption by downtown Cheyenne establishments. The resolution, spearheaded by Chronicles Distillery, would allow for any distillery to be included in the ordinance during several summertime events, including Cheyenne Days.

The idea was openly received by the Downtown Development Authority and even from the city’s Finance Committee. During Tuesday’s meeting, however, that support lost momentum. The council voted 7–4 against the resolution, with Councilmembers Scott Roybal, Bryan Cook, Ken Esquibel and Richard Johnson voting for it.

Councilmember Pete Laybourn said he opposes the resolution because it creates a special consideration for one establishment. Even though potential distilleries would be offered the same opportunities, Chronicles is currently the only one in the city. Other downtown bars with liquor licenses would be unable to provide hard liquor for off-premises consumption.

Laybourn is also concerned that the city will not be able to control or keep track of where and what residents are drinking. Distilleries and bars can encourage people to act and drink responsibly, he said, but it is unrealistic to expect them to comply.

“I just believe the control here is really lacking,” he said during the meeting. “We keep expanding and expanding this whole open container situation.”

Councilmember Tom Segrave said he agrees with Laybourn’s points regarding the special consideration. Segrave worries that if the council allows Chronicles to serve on the seven requested days, the distillery might push for year-round inclusion.

“Are we just ready to have a booze all the time?” he said during the meeting. “Do we want people to have spirits and wine and vodka 24/7? Is that what we’re after, because that’s not what I’m after. I’m opposed to this and I really think it should be defeated.”

Councilmember Richard Johnson said he collaborated with Chronicles to establish the dates. They were seen as a compromise and potential trial run to see how the community would react, he said.

“I told [Chronicles], you don’t have the votes on council to do hard liquor,” he said during the meeting. “I told him I was not in favor of this because I believe we’ve taken this as far as we can go.”

Johnson said he will not move forward with any resolution allowing distilleries into the open container ordinance unless data on the number of public intoxication arrests and other related issues was presented.

Councilmember Mark Rinne asked if Chronicles could apply for a special liquor permit that would allow them to serve drinks for off-premises consumption instead.

City Clerk Kris Jones said Chronicles could apply for a permit to sell alcohol adjacent to its property for 12 days out of the calendar year. It wouldn’t be for open container purposes, Jones said, and customers would be required to stay and drink at the off-property location.

Rinne said this was a good existing alternative for the distillery.

“I think our system allows them to go as far as I’d like them to,” he said during the meeting. “I’m not going to vote to have people wandering around town with mixed drinks.”

Councilmember Michelle Aldrich agreed with Rinne and said a mechanism is already in place for Chronicles to take advantage of. For that reason, Aldrich said, she will also be a no vote.

While some voiced their opposition, others insisted that adding distilleries into the ordinance wouldn’t be a negative endeavor.

Esquibel said potential distilleries might be drawn to set up business downtown if they can be included in the ordinance. Even if the resolution doesn’t get passed tonight, Esquibel said, those distilleries will want to follow Chronicles’ lead.

“It’s going to come back to us again,” he said during the meeting. “I want to maintain a business-friendly atmosphere. So I’m a yes vote.”

Roybal added that so far, the city has seen “responsible adults” drinking socially in the downtown area. Adding distilleries and their hard liquor into the ordinance won’t create drinking issues, he said.

“I’m a firm believer in letting adults be adults,” he said during the meeting. “We haven’t had a whole lot of problems with malt liquor.”

Correction: An earlier version of this story stated that the council voted 7-2 against the ordinance, with Councilmember Scott Roybal and Ken Esquibel voting for it. It was 5-4, with Councilmembers Bryan Cook and Richard Johnson voting for it as well.


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