Details for City of Casper - Ad from 2019-03-15

and 5.08.330(D) of this chapter to the same extent that those provisions are applicable to restaurant liquor licenses. Bar and grill liquor licensees shall not sell alcoholic or malt beverages for consumption off the premises owned or leased by the licensee except as allowed under Section 5.08.330(F) of this chapter. C. Every person holding a bar and grill liquor license authorized by the provisions of this chapter shall pay annually, in advance, a license fee for such license the sum of ten thousand five hundred dollars for the first license year; and, three thousand dollars for each year thereafter that such license is granted, in addition to any other fees due from such person otherwise holding a microbrewery or winery permit. The license fee shall be paid to the clerk of the city before the license is issued. D. Bar and grill liquor licenses shall not be sold, transferred, or assigned by the holder. (Ord. 33-06 § 7, 2006) (Ord. No. 1-09, § 1, 2-17-2009; Ord. No. 32-12, § 1, 124-2012) 5.08.350 Location—General conditions. A. The principal place in which alcoholic liquor and malt beverages are sold under a retail liquor license shall be located in one building upon the premises for which the retail liquor license is issued and as approved by the licensing authority. B. Alcoholic beverages secured in the licensed building by a server may be served only in the licensed building, and in an immediately adjacent fenced or enclosed area as approved by the city council. This area shall not be in another building. C. The retail licensee may separate the facility for the sale of alcoholic liquor and malt beverages for off-premises consumption from the facility used to serve customers for on-premises consumption. D. A separated facility for making sales for off-premises consumption shall be separated by a glass or other suitable partition when a connection doorway exists to permit persons to pass freely between the two facilities. E. The licensee, an employee, or a licensed operator is to be present in the licensed building used for the selling or dispensing of malt beverages or alcoholic liquors at all times during hours of operation. F. All licensees, other than resort licensees and limited retail licensees, are required to post signage on all exits from the licensed building stating: “No alcohol beyond this point per City of Casper Ordinance.” All licensees of limited retail or resort liquor licenses shall post signage on all driveway and pathway exits from the legal boundary of the lot or lots under the ownership or lease by the licensee stating: “No alcohol beyond this point per City of Casper Ordinance.” G. No person under the age of twenty-one shall enter or remain in an establishment that is primarily for offpremise sales of alcoholic liquor or malt beverages unless accompanied by a parent, spouse or legal guardian who is twenty-one years of age or older. (Ord. No. 9-17, §§ 9, 10, 6-20-2017; Ord. No. 3-14, § 1, 2-4-2014; Ord. 19-95 § 1, 1995; Ord. 25-86 (part), 1986: prior code § 3-30(A)) 5.08.360 - Right of entry—Inspection. A. In addition to all other rights of inspection which the city may now or hereafter possess, the public safety director or the designee(s) of the public safety director are empowered to enter and inspect every place of business which is licensed or permitted by the city to sell malt or alcoholic beverages or where malt or alcoholic beverages are sold, stored or kept for the purpose of sale pursuant to a city liquor license or City-issued permit. B. Entry for purposes of inspection pursuant to this section is authorized only during open business hours unless it is in the presence of the licensee or his agent, employee or representative, or unless the person making entry does so under court order, or the person making entry has reasonable grounds to believe that evidence of a violation of this chapter is within the place to be entered and emergency or exigent circumstances exist such that a warrantless search is allowed by law. C. Reserved. (Ord. 19-95 § 2, 1995) (Ord. No. 9-12, § 1, 3-6-2012; Ord. No. 32-12, § 2, 12-4-2012) 5.08.370 - Convention facilities. If a licensee is engaged in a business operation with convention facilities, the licensee may maintain more than one additional dispensing room under the same license fee. For purposes of this section, a convention facility shall have and maintain all of the following: A. Motel or hotel sleeping room accommodations; B. Restaurant facilities; and C. Conference facilities. (Ord. 25-86 (part), 1986: prior code § 3-30(B)) 5.08.390 - Hours of sale generally— Exceptions—Designation of dates for unrestricted operation. A. All licensees except club licensees and satellite manufacturer’s permit holding liquor licenses shall be controlled by the following schedule for operating hours: 1. A licensee may commence the selling, serving, or dispensing of alcoholic liquors or malt beverages at six a.m. and shall cease the sale of both alcoholic liquor and malt beverages promptly at the hour of two a.m. the following day. Any portion of any building used by the licensee for the selling, serving, dispensing, or consumption of alcoholic liquors or malt beverages shall be cleared of all persons other than employees by twothirty a.m. The licensee shall ensure that all consumption of alcoholic liquors or malt beverages has ceased by two-thirty a.m. within all areas of the licensed building, or in the case of resort licensees, within the boundary of the lot or lots under the ownership or lease by the licensee, other than in private hotel or motel rooms; 2. Clubs holding a limited retail liquor license may commence the selling, serving, or dispensing of alcoholic liquors or malt beverages each day at nine a.m. and shall cease sales of alcoholic liquor and malt beverages promptly at the hour of two a.m. of the following day and shall clear the licensed building of all persons other than employees by two-thirty a.m. Clubs holding a limited retail liquor license may remain open past two a.m. on the morning of January 1st. 3. The hours of operating designated in subsection A of this section may be modified on no more than four days each calendar year by a resolution of the city council, designating those dates during city or county fairs, rodeos, pageants, jubilees, special holidays or similar public gatherings when all licensees may continuously operate their licensed building, or licensed resort or club premises for a period of twentyfour hours beginning at six a.m. (Ord. No. 9-17, § 12, 6-20-2017; Ord. 43-00 § 1, 2000; Ord. 24-96 § 11, 1996; Ord. 2586 (part), 1986: prior code § 3-29) 5.08.400 - Off-premises storage prohibited—Exception. A licensee shall not store alcoholic liquor or malt beverages outside of the licensed premises unless he files with the commission and the city council a written statement that he stores liquor or malt beverages in a place other than his place of business and states the exact location of the storage place. (Ord. 2586 (part), 1986: prior code § 3-31) 5.08.410 Prostitution, public indecency, gambling and obscenity prohibited. A. No licensee or agent or employee thereof shall knowingly permit prostitution, under Section 6-4-101, Wyoming Statutes, public indecency under Section 6-4-201, Wyoming Statutes, or shall promote obscenity under Section 6-4-302, Wyoming Statutes, within any licensed building or licensed premises under this chapter. B. Any licensee, permittee or agent or employee thereof violating subsection A of this section, or aiding, abetting or inciting any violation thereof is, in addition to other penalties provided by law, subject to the suspension or revocation of his license or permit, and the violation, aiding, abetting or inciting a violation is sufficient cause for the suspension or revocation of the license or permit. (Ord. No. 9-17, § 13, 6-20-2017; Ord. 25-86 (part), 1986: prior code § 3-33) 5.08.350 - Repealed. 5.08.420 - Sale or gift to minors prohibited. A. It is declared to be illegal and a violation of this chapter for any person to sell, furnish, give or cause to be sold, furnished or given, any alcoholic liquor or malt beverage to any person under the age of twenty-one years, unless such person is his or her legal ward, medical patient or member of his or her own immediate family. B. For the purpose of establishing the age of any person proposing to buy alcoholic liquor or malt beverages, all licensees shall demand presentation of identification as provided for in Section 5.08.440. (Ord. 8-88 § 5, 1988; Ord. 2586 (part), 1986: prior code § 3-37) 5.08.430 - Minors—Possession of alcohol or public intoxication. A. For the purpose of this section “possess” includes the consumption of, or the actual possession of alcoholic liquor or malt beverages. B. It is declared to be illegal and a violation of this chapter for any person under the age of twenty-one years to have alcoholic liquor or malt beverages in his or her possession, or to be drunk or under the influence of alcoholic liquor or malt beverages on any street or highway or in any public place. Provided, however, this subsection does not apply to possession of alcoholic liquor or malt beverages by a person under the age of twenty-one years: 1. When making delivery of alcoholic or malt beverages pursuant to his lawful employment; 2. Who is in the physical presence of his or her parents or legal guardian; 3. Is a licensee under this title; or 4. When serving alcoholic or malt beverages pursuant to his or her employment if the person is at least eighteen years of age. C. It is declared to be illegal for any person to attempt to commit any offense under this section. Any person convicted of such attempt is subject to fine or jail or both, which punishment may not exceed the maximum punishment prescribed for illegally possessing alcoholic liquor or malt beverages under this section. (Ord. No. 9-17, § 15, 6-20-2017; Ord. 2-95 § 1, 1994; Ord. 12-90 § 1, 1990; Ord. 8-88 § 6, 1988; Ord. 25-86 (part), 1986: prior code § 3-38) 5.08.440 - Minors—Proof of age. In order to safeguard against violations of this chapter, any licensee or his agent or employee may refuse to sell or serve alcoholic liquor or malt beverages to any person who is unable to produce bona fide evidence of his or her majority and identity. Bona fide evidence of majority and identity of a person is: A motor vehicle driver’s license or valid picture identification card issued by any state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, a permanent resident card issued by the United States citizenship and immigration services, a valid picture identification card issued to a member of the armed forces or an internationally accepted passport document with a discernible date of birth and photograph is prima facie evidence of the age and identity of a person. (Ord. 24-96 § 13, 1996: Ord. 2586 (part), 1986: prior code § 3-39) 5.08.450 - Minors—False proof of age. Any person under the age of twenty-one (21) years who attempts in any manner to purchase alcoholic or malt beverages or who falsifies any identification or uses any false identification in order to obtain alcoholic or malt beverages is guilty of a misdemeanor. (Ord. 24-96 § 14, 1996: Ord. 8-88 § 8, 1988: Ord. 25-86 (part), 1986: prior code § 3-41) 5.08.460 – Minors – Age violation – Defense to prosecution. Proof that a licensee or his employee or agent has demanded, was shown and acted in reliance upon such bona fide evidence as required in this chapter in any transaction, employment, use or permission forbidden herein is a defense to any criminal prosecution for the sale of alcoholic or malt beverages or liquor to a person under the age of twentyone years or to any proceedings for the suspension or revocation of any liquor license based thereon. 5.08.470 - Bottle clubs prohibited. A. A “bottle club” is an operation or enterprise whereby space is given or rented to any person or persons upon the premises of such operation or enterprise for the keeping or storage of alcoholic or malt beverages for consumption upon such premises or in other rooms nearby, used for consumption by the owner of the beverages or guests, the income, profits or fees of the operator of the bottle club being secured from sales or furnishing mixes, ice, food or glasses or from dues, charges, contributions, membership cards or assessments. B. It is unlawful to operate a bottle club in the city, and any person who operates a bottle club shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars for each offense. Each day of operation shall be deemed a separate offense. This subsection shall not apply to any person lawfully licensed under the liquor laws of the state or the city and operating in compliance with the law. (Ord. 25-86 (part), 1986: prior code §§ 3-6, 3-7) 5.08.480 - Open container restrictions. A. It is unlawful: 1. For any person to sell or dispense alcoholic liquor or malt beverages in open containers from the licensed facilities used to serve customers for off-premises consumption, commonly referred to as a “drive-up window”; 2. To operate a motor vehicle in which alcoholic liquor or malt beverages are present in an open container, unless the opened container is in the trunk, an outside compartment, or an inside compartment of a vehicle without a trunk; provided, the inside compartment is not accessible to the driver or any other person in such vehicle, i.e., the cargo area behind the rear most seat in a passenger van or station wagon when no passenger occupies the rear most seat; 3. To possess or consume alcoholic liquor or malt beverages from an open container in a motor vehicle; 4. To possess or dispense alcoholic liquor or malt beverages in an open container in any open space and certain structures in the city unless a license or permit authorizing same has been issued by the city manager or his or her designee. However, nothing in this chapter shall be interpreted as authorizing the possession of open containers of alcoholic liquor or malt beverages in or on motor vehicles; 5. For any person or lessee of an unlicensed restaurant to permit any person to possess or consume alcoholic liquor or malt beverages from an open container within the restaurant. 6. Notwithstanding this section, a resealed bottle of wine may be transported as provided in the Restaurant License section. B. Definitions. 1. “Certain structures” means any city owned, operated or leased offices, public safety or maintenance facility and any building or structure used primarily for public entertainment, i.e., theaters, amusement centers, restaurants and the like, excluding, however, structures duly licensed to sell or dispense alcoholic liquor or malt beverages. 2. “Open container” means any glass, cup, bottle, can or other receptacle used for drinking, other than the beverage’s original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed. 3. “Open space” means any street, alley, public way, sidewalk, public or private parking lot set aside for business use, and any other unenclosed public property. However, any golf course within the city limits shall not be considered open space. (Ord. 11-05 § 4, 2005; Ord. 30-04 § 1 (part), 2004; Ord. 25-99 § 1, 1999; Ord. 25-86 (part), 1986: prior code § 3-8) (Ord. 25-86 (part), 1986: prior code § 3-5) 5.08.490 Public intoxication prohibited. Every person within the limits of the city who is under the influence of alcohol or any drug is guilty of a misdemeanor if they are found: A. Upon any city street, alley, or thoroughfare, or in any public or semipublic place within the city where the public has the liberty to enter and exit, or in any vehicle on public or semipublic property within the city, in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others; or, B. Interfering with, obstructing, or preventing the free use of any street, sidewalk, or other public way; or C. Sleeping or unconscious in that condition in any public or semi-public place within the city; or, D. Intruding upon any private premises without the consent of the owner or occupant therefore; or, E. Turbulent, violent, menacing or disorderly to such an extent as to jeopardize persons or property or to such an extent as to menace the public peace and safety. (Ord. 25-86 (part), 1986: prior code § 3-2) (Ord. No. 5-15, § 1, 6-2-2015) 5.08.500 - Unlicensed structures declared a nuisance. Any building, house, structure, room or place, except as such is used exclusively as a dwelling, where alcoholic, spirituous, fermented, malt liquor beverage is offered for sale, exchanged for goods or in any way delivered otherwise than in consummation of a gift, which house, building, structure, room or place is not licensed under the provisions of this chapter is declared to be a nuisance. It is unlawful to maintain a nuisance as defined herein and any person who maintains such nuisance is guilty of a misdemeanor and may, upon conviction, be punished as provided by Chapter 1.28 of this code or any amendments thereto. (Ord. 25-86 (part), 1986: prior code § 3-4) B. Anyone selling keg beer or party balls for off-premises consumption who fails to require the signing of a receipt at the time of sale is guilty of a misdemeanor.B. Anyone selling keg beer or party balls for off-premises consumption who fails to require the signing of a receipt at the time of sale is guilty of a misdemeanor. C. Any purchaser of keg beer or party balls who knowingly provides false information on the receipt required by subsection A above shall be guilty of a misdemeanor. Such person shall be punished by a fine of not less than three hundred fifty dollars nor more than seven hundred fifty dollars for the first conviction of this section. For a second conviction of this section within twelve months, such person shall be punished by a fine of not less than five hundred dollars nor more than seven hundred fifty dollars. D. As used in this section, “keg” means any brewery-sealed, individual container of beer having a liquid capacity of seven and one-half gallons or more. “Party ball” means any brewery-sealed container of beer having a liquid capacity of five and one-quarter gallons. (Ord. 22-92, 1992) 5.08.520 – Over-serving and Intoxicated Agents (a) All employees and agents of any business operating with a City of Casper issued liquor license, who are engaged in the selling (including door person, ID checkers and bouncers) or serving of alcoholic or malt beverages or the managing thereof, hereinafter “Alcohol Server Staff,” shall successfully complete an alcohol server training program as approved by W.S. § 12-2-402, within ninety (90) days of the start of their employment. All Alcohol Server Staff shall complete any additional or further training to maintain their server training certification. Every license holder shall maintain a server training record for all Alcohol Server Staff, including their date of hire, and proof that each has successfully completed the alcohol server training required by this section, and any additional or further training to maintain their server training certification. The City of Casper shall furnish an appropriate server training record log to maintain the records required in this section. In addition, every license holder shall keep their server training records available for review by Casper Police officials, at any time when the premises is open for business, to ensure compliance with the server training requirements of this section. Violations of this section are subject to a graduated fine schedule, based on a calendar year. For the first violation a fine of up to $150.00 shall be imposed; for violation 2 a fine of up to $200.00 shall be imposed; for violation 3 a fine of up to $250.00 shall be imposed. All violations thereafter in that same calendar year shall result in a fine of $250.00. All violations after the first two in each calendar year shall require a representative of the licensee/permittee to appear at a regular meeting of the Casper City Council. After the third violation in a calendar year (fourth violation and each one thereafter) shall result in a seven-day suspension of the license/permit in question; the suspension may be imposed in either the calendar year of the violations and depending upon the timing of the violations (some may not get to court or be decided during the year of violation) in the subsequent calendar year. No more than one violation per licensee/ permittee may be issued per inspection and not more than one failed inspection can be conducted per week per licensee/ permittee. (b) It shall be unlawful for any employee or agent of a licensed establishment, other than stated herein, to be present on the licensed premises while intoxicated and while acting in any capacity, or purporting to act, as an agent of the licensee or permit holder; an employee or agent for purposes of this Section shall not mean or include: A proprietor, a general partnership’s partners, a corporation’s president, a limited liability company’s member(s) or a limited general partner. 5.08.530 – Violation/Enforcement. Violations of this chapter may be enforced in the Municipal Court of the City of Casper as misdemeanor offenses punishable by up to a Seven Hundred Fifty Dollar ($750.00) fine for each offense, in the manner authorized and described in Wyoming State Statutes 12-1-101 et. seq. as they may be amended from time to time. Appeals of any of these actions may be taken as allowed and in the manner specified by applicable state statutes. Any law enforcement agency issuing a citation or other charging document for a violation of this chapter shall notify the City Clerk of said charge within five (5) business days of its issuance. 5.08.535 - Licensure Considerations and Administrative Fees Violations of the Casper Municipal Code and/or Wyoming State Statutes may also be factors in the consideration of suspensions, revocations, nonrenewals or conditional renewals of licenses and permits. In recognition of the fact that license holders who repeatedly violate the provisions of this Code create an undue burden of the City in administering liquor licenses, in addition to any other penalties or remedies, licensees shall be subject to administrative fees of One Thousand Dollars ($1000.00) for the third violation of this Chapter within any consecutive twenty-four month period, and Five Thousand Dollars ($5000.00) for a fifth or subsequent violation within a consecutive twentyfour month period Any violation relating to the license holder or licensed premises shall apply to this subsection, regardless of whether separate individual employees or agents of the licensee committed the individual violations. The violations need not be of the same section or subsection of this chapter to be counted in this total. A notice to pay said fee shall be issued by the City Clerk to the licensee upon notification by the court of licensee’s convictions for the relevant offenses. The time frame for accumulation of the violations shall be the date of violations, not the dates of conviction. If such fee is not paid, or an appeal hearing before Council requested in writing to the City Clerk and accompanied by a bond in the amount of the fee at issue within ten (10) days of the notice being given by the Clerk, the license shall be suspended until such time as the fee is paid to the City Clerk. If an appeal hearing is requested, it shall be in Council’s sole discretion, after hearing all the relevant facts in the matter, whether to suspend part or all of the fee. The hearing shall not be a contested case hearing, and the Wyoming Administrative Procedure Act shall not apply to such hearing. 5.08.540 – Council Hearing and Appeal of Suspension or Revocation If it appears to the city council that there are concerns that a suspension or revocation of a license may be appropriate, the licensee shall be afforded an opportunity for hearing before the city council. The purpose of such hearing is to allow the licensee to provide information demonstrating that such action is not warranted. Notice of such hearing shall precede consideration of the matter by at least ten days, shall be served personally or by mail to the address of the licensee listed on the licensee’s most recent liquor license application to the city, and shall include a statement: 1. That it appears to the city council that there are concerns that a suspension and/or revocation of the licensee’s license may be appropriate; 2. Summarizing the nature and date(s) of the incidents resulting in the concern(s); 3. That a hearing on the subject has been scheduled before the city council, and further informing the licensee of the time and place of the hearing; and 4. That the purpose of the hearing is to allow the licensee to offer corrections and/or contest the information before council which has given rise to the concern(s). A. At a hearing, a licensee may appear in person or through counsel. A licensee will be given an opportunity to present evidence and argument on the relevant issue. Evidence relied on shall consist of information commonly relied upon by reasonably prudent people in the conduct of their serious affairs. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. A record shall be made of the proceeding and shall include the following: 1. All notices and intermediate rulings; 2. Evidence received or considered by the city council including information officially noticed and received from the municipal court; 3. Questions and offers of proof, objections and rulings thereon; 4. Any proposed findings and exceptions thereto; and 5. Any opinion, findings, decision or order of the city council and any report by any hearing officer. B. Nothing shall preclude the city council from appointing one or more hearing examiners or officers to conduct any hearing called for by this section for the purpose of assembling a record for subsequent consideration by the city council. If a hearing examiner is appointed, the council shall direct the examiner to forward the record of the hearing to the council either with or without proposed findings of fact and conclusions of law, and with or without the opinion/recommendation of the examiner. C. Following the hearing described in this section, and based upon the information considered and received at such hearing, and the sanctions described, the city council shall: 1. Order the suspension of the license in question; 2. Authorize the city attorney to prepare and file with the district court a petition to revoke the licensee’s license; or 3. Find that suspension or revocation is not required by the terms of this section; 4. Place conditions upon the license and licensee which shall address concerns of the Council which exist after the hearing. City council decisions shall be in writing, shall be supported by findings of fact and conclusions of law, and shall be delivered to the licensee in interest either personally or by mail at the address listed on the licensee’s most recent liquor license application to the city. D. The city council’s action suspending a licensee shall be subject to review in the district court in accordance with the procedural rules heretofore or hereinafter adopted by the Wyoming Supreme Court concerning the review of administrative actions. Filing an appeal as provided in such rules, stays enforcement of the suspension decision pending final order on the appeal. The city council’s action may be set aside by the district court if it finds the action to be: 1. Arbitrary, capricious, or otherwise not in accordance with law; 2. Without observance of the procedure required by law; or 3. Unsupported by substantial evidence. E. If a license is revoked, except as provided in Wyoming Statutes Section 12-7-201(d) concerning the expiration of a licensee while a revocation order is under appeal, the holder of such revoked license shall not be eligible to apply for a new license for a period of twelve months from the date of revocation. This Ordinance shall be effective May 5, 2019. PASSED on 1st reading the 22nd day of January, 2019. PASSED on 2nd reading the 5th day of February, 2019. PASSED, APPROVED, AND ADOPTED on third and final reading th the 5 day of March, 2019. Councilmember Walsh presented the foregoing ordinance for approval, on third reading. Seconded by Councilmember Freel. Michael Reid, 1615 Luker, addressed Council to request additional time for the initial training of all servers and informing Council on the intent to get servers trained. Council discussed how to amend the ordinance to provide additional time for the initial training period. City Attorney Henley recommended moving the effective date to May 5th, at which point businesses would then have ninety (90) days to complete the necessary training. Mr. Reid also asked if the City would be sending written notice of the ordinances changes. City Manager Napier indicated that notice would be sent. Councilmember Bates asked Mr. Reid his opinion on the server training, which he addressed. Also addressing the Council were: Matt Galloway, representing the Natrona County Liquor Dealers, requesting that information be provided to all liquor license holders regarding the ordinance changes; and Keith Goodenough, 333 S. Socony, urging Council to look into the drop in ridership through the Tipsy Taxi program, and asking for a limousine ordinance with an open container exception. Pat Sweeney, 951 N. Kimball, expressed concerns about the training of servers and also about the compliance of big box liquor license holders to the ordinance changes. Councilmembers asked for Mr. Sweeney’s opinion on several matters, which he addressed. In addition, Jacquie Anderson, 116 ½ E. 2nd, addressed Council regarding server training compliance by City-owned facilities and inquiring about the permitting of alcohol related events at the David Street Station. Mayor Powell indicated that the David Street Station took out temporary permits for specific events held there. Moved by Councilmember Freel to amend the ordinance to include a new paragraph on the selling or dispensing of malt beverages pursuant to a malt beverage catering permit and the server requirements involved, as well as the penalty for a violation. Seconded by Councilmember Bates. Councilmembers made statements regarding the amendment. Councilmember Johnson voted nay. Motion to amend the ordinance passed. Moved by Councilmember Freel to amend the ordinance to strike subsection c within 5.08.520. Seconded by Councilmember Hopkins. Councilmember Huber asked if the language being stricken, “obviously impaired”, was referenced in any other sections. City Attorney Henley indicated that this was the only place the language occurred. Motion to amend passed. City Attorney Henley requested that Council consider the language needed to change the effective date of the ordinance, to allow adequate time for server training. Councilmember Walsh moved to amend the ordinance making May 5, 2019 the effective date. Seconded by Councilmember Freel. Motion to amend passed. Council then voted on the ordinance, on third reading, as amended three times. Councilmember Johnson voted nay. Motion passed. 13.A ordinance– second reading Following ordinance read: ORDINANCE NO. 5-19 AN ORDINANCE AMENDING CHAPTER 10 OF THE CASPER MUNICIPAL CODE PERTAINING TO ABANDONED VEHICLES. Councilmember Pacheco presented the foregoing ordinance for approval, on second reading. Seconded by Councilmember Bates. There being no one to speak regarding the ordinance, and no discussion or amendments, motion passed. 13.B ordinance– second reading Following ordinance read: ORDINANCE NO. 6-19 AN ORDINANCE ADOPTING AND APPROVING THE RIGHT-OF-WAy SMALL WIRELESS FACILITy IMPLEMENTATION COST STUDy AND FEE STRUCTURE DEVELOPMENT REPORT; AND, THE SMALL WIRELESS FACILITIES RECOMMENDED REQUIREMENTS. Councilmember Walsh presented the foregoing ordinance for approval, on second reading. Seconded by Councilmember Hopkins. There being no one to speak regarding the ordinance, and no discussion or amendments, motion passed. 14. consent resolutions The following resolutions were considered, by consent agenda: RESOLUTION NO. 19-31 A RESOLUTION AUTHORIZING A PROCUREMENT AGREEMENT WITH WATER TECHNOLOGy GROUP FOR TWO FLyGT SUBMERSIBLE WASTEWATER PUMPS FOR USE AT THE BAR NUNN #I AND #2 LIFT STATIONS. RESOLUTION NO. 19-32 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE CONTRACT FOR PROFESSIONAL SERVICES WITH TRIHyDRO CORPORATION FOR CONDUCTING PHASE I AND PHASE II ENVIRONMENTAL SITE ASSESSMENTS IN THE OLD yELLOWSTONE DISTRICT. RESOLUTION NO. 19-33 A RESOLUTION AUTHORIZING SUBMISSION OF A PRE APPLICATION FORM TO THE STATE LOAN AND INVESTMENT BOARD FOR A LOAN THROUGH THE STATE REVOLVING FUND ON BEHALF OF THE GOVERNING BODy OF THE CITy OF CASPER FOR THE PURPOSE OF THE NORTH PLATTE SANITARy SEWER REHABILITATION PROJECT. RESOLUTION NO. 19-34 A RESOLUTION AUTHORIZING A LICENSE AGREEMENT WITH BLACK HILLS ENERGy TO INSTALL BURIED GAS LINES WITHIN CITy-OWNED PROPERTy. RESOLUTION NO. 19-35 A RESOLUTION AUTHORIZING AN AGREEMENT WITH 71 CONSTRUCTION, FOR 29TH STREET IMPROVEMENTS, PROJECT NO. 18-080. RESOLUTION NO. 19-36 A RESOLUTION AUTHORIZING A CONTRACT FOR PROFESSIONAL SERVICES WITH CIVIL ENGINEERING PROFESSIONALS, INC. FOR DESIGN AND CONSTRUCTION ADMINISTRATION FOR THE IST STREET AND POPLAR STREET UTILITy IMPROVEMENTS, PROJECT NO. 17-092. RESOLUTION NO. 19-37 A RESOLUTION AUTHORIZING A RIGHT-OF-WAy EASEMENT WITH ROCKy MOUNTAIN POWER FOR THE Cy BOOSTER STATION REPLACEMENT, PROJECT NO. 16-024. RESOLUTION NO. 19-38 A RESOLUTION AUTHORIZING AN AGREEMENT WITH GRIZZLy EXCAVATING & CONSTRUCTION, LLC, FOR THE WILSON STREET SANITARy SEWER REPLACEMENT, PROJECT NO. 18-099. RESOLUTION NO. 19-39 A RESOLUTION AUTHORIZING AN AGREEMENT WITH LIMMER ROOFING, INC., FOR THE 2019 ROOF REPLACEMENTS, PROJECT NO. 18-092. RESOLUTION NO. 19-40 A RESOLUTION REJECTING PROPOSALS IN RESPONSE TO THE REQUEST FOR PROPOSAL (RFP) ON THE FORMER PLAINS FURNITURE BLOCK PROPERTIES, AND DIRECTING STAFF TO RESUBMIT THE RFP ON SAID PROPERTIES. Councilmember Walsh presented the foregoing ten (10) resolutions for adoption. Seconded by Councilmember Bates. Councilmember Freel abstained from voting on Resolution No. 19-40. Motion passed. 15. introduction of measures and proposals Councilmembers spoke briefly on meetings and events they attended. 16. adjourn into executive session At 7:35 p.m., it was moved Councilmember Walsh, seconded by Councilmember Freel, to adjourn into executive session to discuss a donation. City Attorney Henley indicated that if Council would like to ratify the donation being discussed in the Executive Session, they may wish to do so when following the closing of the Executive Session. Motion passed. Council moved into the Council meeting room. At 7:42 p.m., it was moved by Vice Mayor Johnson, seconded by Councilmember Walsh, to adjourn the executive session. Council returned to the Council Chambers. Upon reconvening for the regular session, it was disclosed that acquisition of the Tripeny Drug Store Collection for display at Fort Caspar has been discussed. It was moved by Councilmember Walsh and seconded by Councilmember Huber that the collection should be acquired for display at Fort Caspar; the language of the proposed acquisition was approved and ratified. All voting aye. 17. adjournment At 7:44 p.m., it was moved by Councilmember Pacheco, seconded by Councilmember Bates, to adjourn the regular Council meeting. Motion passed. Published March 15, 2019 Legal No: 552081

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