Public Notice No. 1711

November 7, 2017
Town of Guernsey
Regular Meeting
Platte County, Wyoming

Present: Mayor Delgado, CM Harris, CM Martinez, CM Kelley
Excused: CM Whitworth
Staff: K. Farmer, Chief McGuire, E. Buchanan, S. Cowan
Guests: Kevin Lockman, Christa Bartel, Dan Sisson, Terry Stevenson
Mayor Delgado called the meeting to order at 6:00 pm. The assembly joined in the Pledge of Allegiance and was welcomed to the meeting.
Agenda: CM Harris moved to approve the agenda, seconded by CM Kelley. Vote taken and motion carried with 4 ayes.
Minutes: CM Kelley moved to approve the minutes from October 3, 2017 and October 17, 2017 as presented, seconded by CM Harris. Vote taken and motion carried with 4 ayes.
Consideration of Claims: Mayor Delgado presented the vouchers to approval. CM Martinez moved to approve the Considerations of Claims in the amount of $397,298.63, seconded by CM Kelley. Vote taken and motion carried with 4 ayes. Vouchers follow in entirety: 21^st Century Equipment – 343.27, ADTS – 80.00, AGM – 1284.00, Allred – 92.50, AR500 – 464.00, BA Lawrence – 1085.00, BAM Document – 159.75, BHE – 364.46, Bloedorn Lumber – 56.84, Bristow Built Construction – 53250.00, Brown – 52.73, Buchanan – 750.00, Business Solutions – 146.37, Capital Business Systems – 322.95, Caselle – 570.00, Century Lumber – 816.11, Centurylink – 4119.14, Cool Customs – 8183.18, Croell Redi-Mix – 717.50, Dell – 1674.33, Drube Supply – 60.40, Eckhardt – 50.00, Environmental Compliance – 825.00, Farmer – 76.50, Fast Stop – 157.00, Frank Parts – 109.26, Fronapfel – 76.50, Galls – 1085.65, Gene Davis – 244.10, GEDC – 6666.68, Guernsey Gazette – 688.25, Guernsey Market – 24.73, Holtz – 895.00, Howshar Hardware – 265.98, Ideal Linen – 307.97, IIMC – 185.00, JP Cooke – 60.36, Kistler Tent & Awning – 40.00, Kriz Davis – 467.35, LL Johnson – 2526.85, Ladehoff Concrete – 135.00, Laramie Peak Motors – 101.12, McMurry Ready Mix – 201.21, McNamar – 74.72, Montgomery – 40.85, Oriental Trading – 183.29, Panhandle Coop – 191.66, Pitney Bowes – 453.78, Platte Co Clerk – 15.00, Positive Promotions – 155.95, Preventive Health – 64.00, R & R Products – 852.40, Ramkota Hotel – 346.00, Respond Systems – 172.72, Rose Brothers – 32.19, Rothenbuehler – 80.00, Russell Industries – 400.72, Salt Lake Wholesale – 858.06, Sam’s Club – 109.15, Staples – 426.78, Steve Coon Construction – 64345.50, Syncb/Amazon – 345.81, TDS – 15443.26, Torrington Office – 95.78, Twister’s – 100.00, USPS – 203.14, Valley Plumbing – 6500.00, Verizon Wireless – 303.25, Wagner – 17.84, WAMCAT – 130.00, WCBO – 150.00, Wear Parts – 665.35, Western Research – 3723.56, Wheatland Auto – 285.10, Wheatland REA – 36.27, Windbreak Cable – 300.04, WMPA – 80535.55, Wright Express – 2959.86, WWQ & PCA – 220.00, WRS – 135.00, WWDC – 12432.24, Wyrulec – 268.88, Payroll – 63633.41, Taxes & Benefits – 50219.48, Total Vouchers – $397,298.63.

Ordinance 2017-008 – Liquor Laws – 3^rd and Final Reading: CM Harris moved to approve ordinance 2017-008 on third and final reading, seconded by CM Kelley. Vote taken and motion carried with 4 ayes. Ordinance follows in entirety: ORDINANCE 2017-008

AN ORDINANCE FOR THE PURPOSE OF REPEALING AND REPLACING TITLE 2 CHAPTER 2-1 ALCOHOLIC BEVERAGES OF THE TOWN OF GUERNSEY, WYOMING

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF GUERNSEY, WYOMING

TITLE 2
BUSINESS LICENSES AND REGULATIONS
CHAPTER 2-1
ALCOHOLIC BEVERAGES

This Ordinance herby replaces and restates, Title 2 Chapter 1, except all other provisions that were not addressed are in full force, Town of Guernsey, Wyoming, Ordinances as follows.
2-1-1: DEFINITIONS:
For the purposes of this chapter, the following words and phrases shall have the following meanings:
ALCOHOLIC LIQUOR: Any spirituous or fermented fluid, substance or compound other than malt beverage intended for beverage purposes which contains at least one-half of one percent (0.5%) of alcohol by volume. As used in this section, "beverage" does not include liquid filled candies containing less than six and one-quarter percent (6.25%) of alcohol by volume.
ANNUAL LICENSES: Those liquor licenses issued by the Town which are valid for a period of one year, and are renewable annually, and shall include retail liquor licenses, limited retail (club) licenses, and restaurant liquor licenses.
BUILDING: A roofed and walled structure built or set in place for permanent use.
CLUB: Any of the following organizations:

1. A post, charter, camp or other local unit composed only of veterans and it’s duly organized auxiliary, chartered by the congress of the United States for patriotic, fraternal or benevolent purposes and, as the owner, lessee or occupant, operates an establishment for these purposes within the Town.
2. A chapter, lodge or other local unit of an American national fraternal organization and, as the owner, lessee or occupant, operates an establishment for fraternal purposes within the Town. As used in this chapter, an American fraternal organization means an organization actively operating in not less than thirty six (36) states or having been in active continuous existence for not less than twenty (20) years, but does not mean a college fraternity.
3. A hall or building association of a local unit specified in subsections A and B of this definition, of which all of the capital stock is owned by the local unit or its members, operating a clubroom facilities for the local unit.
4. A golf club having more than fifty (50) bona fide members and owning, maintaining or operating a bona fide golf course together with a clubhouse.
5. A social club with more than one hundred (100) bona fide members who are residents of Platte County, owning, maintaining or operating club quarters, incorporated and operating solely as a nonprofit corporation under the laws of this state and qualified as a tax exempt organization under the internal revenue service code and having been continuously operating for a period of not less than one year. The club shall have had during this one year period a bona fide membership paying dues of at least twenty five dollars ($25.00) per year as recorded by the secretary of the club, quarterly meetings and an actively engaged membership carrying out the objects of the club. A social club shall, upon applying for a license, file with the Town Council and the Wyoming state liquor commission a true copy of its bylaws and shall further, upon applying for a renewal of its license, file with the Town Council and the Wyoming State Liquor Commission a detailed statement of its activities during the preceding year which were undertaken or furthered in pursuit of the objects of the club together with an itemized statement of amounts expended for such activities. Club members, at the time of application for limited retail liquor license, pursuant to Wyoming Statutes section 12-4-301, shall be in good standing by having paid at least one full year in dues.
6. Club does not mean college fraternities or labor unions.

INDUSTRY REPRESENTATIVE: Means and includes all wholesalers, manufacturers, rectifiers, distillers and breweries dealing in alcoholic liquor or malt beverage, and proscriptions upon their conduct shall include conduct by any subsidiary, affiliate, officer, director, employee, agent, broker or any firm member or such entity.
INTOXICATING LIQUOR, ALCOHOLIC LIQUOR, ALCOHOLIC BEVERAGE AND SPIRITUOUS LIQUOR; these terms are construed as synonymous in meaning and definition.
LICENSEE: A person holding a:

1. Retail liquor license;
2. Limited retail liquor license;
3. Malt beverage permit;
4. Restaurant liquor license;
5. Catering permit; or
6. Bar and grill liquor license

ORIGINAL PACKAGE: Any receptacle or container used or labeled by the manufacturer of the substance containing any alcoholic liquors or malt beverages.
PERMIT: A temporary liquor license issued under the provisions of this chapter.
PERMITTED: A person holding one or more of the following temporary licenses or permits:

1. Malt beverage permit;
2. Extended hours permit; or
3. Catering permit
4. Open container permit

PERSON: Includes an individual person, partnership, corporation, limited liability company or any other association or entity, public or private.
RESIDENT: A domiciled resident and citizen of Wyoming for a period of not less than one year who has not claimed residency elsewhere for any purpose within a one year period immediately preceding the date of application for any license authorized in this chapter.
RESTAURANT: The space in a building maintained, advertised and held out to the public as a place where individually priced meals are prepared and served primarily for on premises consumption and where the primary source of revenue from the operation is from the sale of food and not from the sale of alcoholic or malt beverages. The building shall have a dining room or rooms, a kitchen and the number and kinds of employees necessary for the preparing, cooking and serving of meals in order to satisfy the licensing authority that the space is intended for use as a full service restaurant. "Full Service Restaurant" means a restaurant at which waiters or waitresses deliver food and drink offered from a printed food menu to patrons at tables or booths. The service of only fry orders or such food and victuals as sandwiches, hamburgers or salads shall not be deemed a restaurant for the purposes of this chapter.
SELL OR SALE: Includes offering for sale, trafficking in, bartering, delivering or dispensing and pouring for value, exchanging for goods, services or patronage or an exchange in any way other than purely gratuitously. Every delivery of any alcoholic liquor or malt beverage made otherwise than by gift constitutes a sale. (1987 Code § 3-1; amd. 2005 Code) 
TEMPORARY LICENSES: Those liquor permits or licenses which are issued by the Town for specific times, not to exceed a twenty four (24) hour period for each time, and shall include malt beverage permits, extended club hours, catering permits, and open container permits.
WHOLESALER: Any person, except the Wyoming Liquor Division, who sells any alcoholic or malt beverage to a retailer for resale.
WYOMING LIQUOR DIVISION: The Wyoming Liquor Division within the Department of Revenue. (1993 Code 5.04.010; amd. 2014 Code)
RETAIL LIQUOR LICENSE: The authority under which a retailer shall be permitted to sell alcoholic or malt beverages for use or consumption but not for resale.
RETAILER: A person who sells or offers for sale any alcoholic or malt beverage for use or consumption and not for resale.
LIMITED RETAIL LIQUOR LICENSE: The authority under which clubs shall be permitted to sell alcoholic and malt beverages.
MALT BEVERAGE: Any fluid, substance or compound intended for beverage purposes manufactured from malt, wholly or in part, or from any substitute therefore, containing at least one-half of one percent (0.5%) of alcohol by volume.
2-1-2.: COMPLIANCE WITH PROVISIONS:
For the protection of the welfare, health, peace, morals and safety of the residents and citizens of the Town, it is hereby declared to be a public policy in the Town that the sale, distribution, possession and traffic of alcoholic liquor and malt beverage shall be regulated to the extent that all such activity be, and the same hereby is, prohibited, except as provided in this chapter, and that no sale at retail or possession of such substances shall occur within the jurisdictional limits of the Town except as authorized in this chapter, and the exceptions provided in Wyoming Statutes section 12-1-101 et seq., reserving certain powers to the State. It is the intent of this chapter to totally comply and coincide with the provision of the Wyoming Statutes section 12-1-101 et seq., which regulate such substances.
2-1-3: LICENSE REQUIRED:

1. Required: No person shall possess for sale, sell or dispense any alcoholic or malt liquor without first obtaining a license to do so and paying the license fees therefore. (1987 Code § 3-13)
2. Application: Any person desiring a license under this chapter shall apply to the Town Council for the same. Such application shall be made upon a form prepared by the Attorney General and shall meet the requirements prescribed by applicable Wyoming Statutes.
3. Cost of Publication of Notice: Upon receipt of a properly completed application for an annual license, or renewal thereof, the Town Clerk/Treasurer shall promptly prepare a notice of application, place a copy of the notice at a conspicuous place at the location shown in the application and publish the notice in a newspaper of local circulation once a week for two (2) consecutive weeks. The notice shall state that a named applicant has applied for a license, renewal or transfer thereof, and that protests against the issuance, renewal or transfer of the license will be heard at a designated meeting of the Town. Notices will meet the requirements of this section if they are in substantially the following form:
       NOTICE OF APPLICATION FOR AN ALCOHOLIC LIQUOR LICENSE
       Notice is hereby given that on the day of 20, (Name of applicant) filed an application for a license in the office of the Clerk/Treasurer of the Town of Guernsey for the following described place (and room): (Insert description) Protests, if any there be, against the (issuance, transfer or renewal) of the license will be heard at the hour of .m., on the day of , 20 in the (designated meeting place).
       Dated Signed 
   Town Clerk/Treasurer (1987 Code § 3-2)
4. Any annual license authorized under this chapter shall not be issued, renewed or transferred until on or after the date is set in the notice for hearing protests. In a renewal or transfer hearing, the hearing shall be held not later than thirty (30) days preceding the expiration date of the annual license. An annual license shall not be issued, renewed or transferred if the Town finds from evidence presented at the hearing that:

1. The welfare of the people residing in the vicinity of the proposed annual licensed premises shall be adversely and seriously affected;
2. The purpose of this chapter will not be carried out by the issuance, renewal or transfer of the annual license;
3. The number, type and location of existing annual licenses meet the needs of the vicinity under consideration;
4. The desires of the residents of the Town will not be met and satisfied by the issuance, renewal or transfer of the annual license; or
5. Any other reasonable restrictions or standards which may be imposed by the Town shall not be carried out by the issuance, renewal or transfer of the annual license.
6. Appeal of Denials; Renewal Applicants Only²: No applicant for a license under this chapter shall have a right of appeal from the decision of the governing body denying an application except applicants holding a license which is expiring and who is applying for a renewal. (1987 Code § 3-4)

2-1-4: MALT BEVERAGE PERMITS³:
A malt beverage permit may be issued for the sale of malt liquors only at a picnic, bazaar, fair, rodeo or similar public gathering. No person holding such permit shall sell any alcoholic liquor except malt liquor on the premises described on the permit. The permit shall be issued for one 24-hour period and shall not authorize the sale of malt liquors on the premises described for more than twelve (12) 24-hour periods by any one person in any one year by the same permittee. The permit may be issued upon application by the governing body without notice. (1987 Code § 3-10)
2-1-5: CLUBS:

1. Limited Retail Liquor License Required: Clubs shall be licensed under a limited retail liquor license.
2. Consumption on Premises: No club holding a limited retail license shall sell alcoholic or malt beverages for consumption anywhere except in the licensed premises and for consumption by its members and guests. It shall be the duty and obligation of each club to check and regulate the sale to members and guests and any and all alcoholic or malt beverages sold by it shall be consumed in the licensed premises. (1987 Code § 3-9)

2-1-6: RESTAURANTS:

1. Restaurant License Applications: Restaurant license applications shall be governed as follows:
2. An applicant for a restaurant liquor license shall satisfy the Governing Body that the primary source of revenue from the operation of the restaurant to be licensed will be derived from the sale of food services and not from the sale of alcoholic or malt beverages.
3. When renewing of restaurant liquor license, the Governing Body shall condition renewal upon a requirement that not less than sixty percent (60%) of gross sales from the preceding twelve (12) months operation of a licensed restaurant be derived from food services.
4. Upon application for license renewal, a license holder shall submit an annual report to the Governing Body on the sales of the licensed restaurant. The report shall contain the annual gross figures of the restaurant and shall separate the gross sales figures into the following categories:
5. Food service sales; and
6. Alcoholic and malt beverage sales.
7. Sale of Alcoholic Beverages:
8. Restaurant liquor licenses shall not sell alcoholic or malt beverages for consumption off the premises owned or leased by the licensee.
9. Alcoholic and malt beverages shall be dispensed and prepared for consumption in one (1) room upon the licensed premises separated from the dining area in which alcoholic and malt beverages may be served.
10. All sales of alcoholic and malt beverages authorized by a restaurant liquor license shall cease at the time food sales and services cease or if food sales and services extend beyond the hours specified then alcohol service shall cease at ten o'clock (10:00) P.M. (Ord. 403, 2017)

2-1-7: FEES⁴:

1. Retail Liquor Dealer: Every person licensed as a retail liquor dealer shall pay an annual fee of one thousand dollars ($1,000.00).
2. Club: Every club licensed under a limited retail liquor license shall pay an annual fee of two hundred fifty dollars ($250.00).
3. Malt Beverage Permit: Every person issued a permit pursuant to section 2-1-3of this chapter shall pay a fee of twenty-five dollars ($25.00) per day.
4. Open Container Permit: Every person issued a permit pursuant to section 2-1-3 of this chapter shall pay a fee of twenty-five dollars ($25.00) per day.
5. Catering Permit: Every person issued a permit pursuant of section 2-1-3 of this chapter shall pay a fee of twenty-five dollars ($25.00) per day.
6. Restaurant: Every restaurant licensed under a restaurant license shall pay an annual fee of one thousand dollars ($1,000.00). (1987 Code § 3-12)
7. Fees Nonrefundable: No refund of all or any part of any license fee shall be made at any time following the issuance thereof.

2-1-8: TERM⁵:
Expiration Date: Annual licenses shall be valid for a period of not more than one year, and shall be a personal privilege of the licensee. Annual licenses shall be renewed prior to the expiration date in accordance with the schedule established by the Clerk/Treasurer and sent to the licensees.
2-1-9: LICENSE ISSUANCE AND RENEWALS:
The owner or holder of an expired annual license, or one due for expiration, has a preference right to a new license for the same location. After the required notice and public hearing, each application claiming renewal preference shall be promptly considered and acted upon by the Council.
2-1-10: TRANSFER OF ANNUAL LICENSE:
A person seeking to transfer an annual license shall submit a new application form and shall pay to the Clerk/Treasurer at the time of such application a nonrefundable additional license fee of one hundred dollars ($100.00). The transfer application shall be accompanied with an amount sufficient to cover the costs of publishing the required statutory notice. The transfer application shall be set for public hearing and otherwise considered by the governing body in a manner consistent with Wyoming Statutes section 12-4-601. Subj. to 2-1-5 (Ord. 96-06-009, 6-25-1996)
2-1-11: REGULATIONS AND RESTRICTIONS AS TO PLACES OF SALE:

1. Location:
   Retail Liquor License: The place in which alcoholic and malt beverages are sold under a retail liquor license shall be located in one building, at such location upon the premises for which the retail liquor license is issued and shall be approved by the governing body.
2. Items Sold: Only alcoholic and malt beverages, nonalcoholic beverages, food and tobacco may be sold and served in the licensed room.
3. Inspections: All places licensed under this chapter shall be open for inspection by any Peace Officer at any time and such officers may enter therein without a search warrant for such purposes.
4. Separation of Certain Facilities: The retail licensee may maintain an area for the sale of alcoholic and malt beverages for off premises consumption. In such cases the facility for making sales for off premises consumption shall be located adjoining the facility for making sales for on premises consumption. The two (2) facilities may be separated by a glass or other suitable partition if they are connected by a doorway to permit persons to pass freely between the two (2) facilities. No additional fee shall be assessed against a licensee who separates the licensed premises in this manner.

2-1-12: DRIVE-IN FACILITIES:
Upon approval of the Town in the original application, or the renewal thereof, a drive-in area adjacent or contiguous to the licensed room may be used by the holder of a retail liquor license for taking orders, making delivery of and receiving payment for alcoholic liquor or malt beverages under the following conditions:

1. The holder of the retail liquor license shall own the area or hold a written lease for the period of time for which the license was issued;
2. No part of the area used for orders, delivery and making payment shall be more than forty feet (40') distant from the licensed room;
3. The area shall be well lighted and subject to inspection by the Town at any and all times;
4. No walls or screens shall interfere with observing and checking the part of the area used for orders, delivery and payment;
5. No order shall be received from, nor delivery made to, a person under the age of twenty one (21) years or to an intoxicated person in the area;
6. No part of a publicly owned sidewalk, highway, street or alley shall be used for taking orders or conducting sales; and
7. Alcoholic liquor and malt beverages shall be sold and delivered in the drive-in area only in the original, unopened package, and consumption of alcoholic liquor or malt beverage in the drive-in area shall not be permitted. 

2-1-13: INSPECTION OF LICENSED PREMISES:
The Town may inspect any licensed premises and any locations where alcoholic liquors or malt beverages are served, sold, dispensed or brewed at any time the Town in its sole discretion deems appropriate to ensure compliance with the requirements of this chapter and the health and safety requirements imposed upon the premises.
2-1-14: DISPLAY OF LICENSE:
Every licensee or permittee shall display the license or permit issued in a conspicuous place viewable by the public near the location where the alcoholic liquors or malt beverage are dispensed.

1. Licensees may begin alcoholic or malt beverage sales in the licensed building at six o'clock (6:00) A.M. and shall close and cease the sale of both alcoholic and malt beverages promptly at the hour of two o'clock (2:00) A.M. the following day. In addition, licensees shall clear the licensed building of all persons other than bona fide employees by two thirty o'clock (2:30) A.M.
2. Hours of operation may be modified on no more than four (4) days each calendar year where all license holders may sell alcoholic or malt beverages for up to twenty four (24) hours as approved by the Governing Body. All license holders shall have the same dates. (Ord. 2017-004, 6-20-2017, eff. 7-1-2017)

2-1-16: PROHIBITED ACTS:

1. Bottle Club: No person shall operate a bottle club. (1987 Code § 3-13)
2. Minors:

1. Serve Or Deliver; Allow To Enter Or Remain:
   1. No holder of a license, his servant or employee, shall sell, give or deliver alcoholic or malt beverages to any person under twenty one (21) years of age or permit any person under twenty one (21) years of age to enter or remain in the place in which alcoholic or malt beverages are sold.
   2. Any person who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic or malt beverage to any person under twenty one (21) years of age, who is not his legal ward, medical patient or member of his own immediate family, is guilty of a misdemeanor. This subsection does not apply to sales by the Commission or a wholesaler to a licensee, as defined under title 12, Wyoming State Statutes. (2005 Code)
2. Purchase; Possession; Under the Influence:
   1. Definition: For the purpose of this subsection, "under the influence" shall mean that alcohol is present in the system and is detectable by the smell of alcohol upon the breath of the individual or by blood alcohol or breathalyzer test.
   2. Prohibited: No person under the age of twenty one (21) shall purchase, attempt to purchase or have any alcoholic or malt beverage in his possession or shall be under the influence of alcoholic or malt beverages.
3. False Identification: No person under the age of twenty one (21) shall falsify any identification or use any false identification in order to obtain alcoholic or malt beverages.
4. Exceptions:
   1. Retail Food Service: No person under the age of twenty one (21) years shall enter or remain in any establishment which sells alcoholic or malt beverages; except a person under the age of twenty one (21) years may enter and remain in any room in which a regular retail food service is conducted and which room adjoins a licensed room. (Ord. 90-05-001, 6-4-1990)
   2. Dining Room or Waiting Area within Dispensing Room:
      (1) Definitions: As used in this subsection, the following words and terms shall have the meanings ascribed to them in this subsection:
      ADULT: A person over the age of twenty one (21) who is the parent or legal guardian of the person under the age of twenty one (21).
      DINING OR WAITING AREA: A specifically delineated area which has been submitted with the licensee's application and has been approved by the governing body.
      (2) Presence Allowed: This subsection does not apply to a person under the age of twenty one (21) years if the underage person is in a dining room or waiting area within the dispensing room with an adult not later than ten o'clock (10:00) P.M. (Ord. 96-06-009, 6-25-1996)
   3. Exceptions: This section does not apply to possession of alcoholic or malt beverages by a person under the age of twenty one (21) years:
      (1) When making a delivery of alcoholic or malt beverages pursuant to his employment;
      (2) Who is dispensing or serving alcoholic or malt beverages or otherwise working in a dispensing room pursuant to his employment, if the person was at least nineteen (19) years of age on or before July 1, 1988. (Ord. 90-05-001, 6-4-1990; amd. 2005 Code)
5. Consumption On Private Property; Appearance In Public: No person under the age of twenty one (21) shall consume alcohol upon public property or upon private property unless that property is owned by the person's parents, nor shall any person under the age of twenty one (21) appear on any public property or in any public place within the Town of Guernsey with evidence of said consumption present even if the consumption occurred in the person's home with the consent of his or her parents. For the purpose of this section evidence of consumption is present when the smell of alcohol is upon the breath of the minor or when alcohol is shown to be in the bloodstream as the result of a breathalyzer or blood test. (Ord. 90-05-001, 6-4-1990)

2-1-17: OPEN CONTAINER:
It shall be unlawful for any person to have in his possession or automobile any open container which contains any alcoholic beverage in any public place including streets within the Town except those establishments licensed to serve alcoholic beverages or within the confines of such places where the sale, dispensing or consumption of alcoholic liquors or malt beverages has been licensed or permitted pursuant to Wyoming Statutes section 12-2-202 or this chapter. For charter transportation services licensed pursuant to Wyoming Statutes section 12-2-202, each vehicle operating under the license must have conspicuously displayed in the rear window a copy of the license issued by the state. Provided, however, the Town Council, by resolution, from time to time can designate places and times during which this section shall not apply. (1987 Code § 3-16)
2-1-18: REVOCATION OR SUSPENSION OF LICENSE⁶:

1. Cause: In addition to any other penalty which may be imposed pursuant to the provisions of this code or state law, the violation of any provision of this chapter by any licensee may be sufficient cause for the suspension or revocation of the license by the Town Council.
2. Civil Action: An action to revoke any license or permit for the reason that the license was unlawfully granted; or that the licensee or permittee was not entitled to receive the same; or that the place of sale in which alcoholic or malt liquors are sold under such license is not a proper place for sale of the same; or that the licensee or permittee is permitting activities in such place of sale forbidden by ordinance or which are detrimental to the welfare, health, morals and safety of the people of the Town; or that the licensee or permittee has violated any of the provisions of this chapter, may be brought in the name of the Town. Such action shall be civil in nature and commenced as are civil actions. (1987 Code § 3-15)

2-1-19: PENALTY:
The violation of any provision of this chapter shall be a misdemeanor. (1987 Code § 3-14)
F250 Bid Acceptance: CM Harris moved to accept the bid for the F250 from Transwest Ford in Torrington for $31,265.00, seconded by CM Kelley. Vote taken and motion carried with 4 ayes.
Able Equipment: CM Harris moved to accept the bid from Able Equipment for $17,525.00 seconded by CM Kelley. Vote taken and motion carried with 4 ayes.
Resolution 2017-014 – Hazard Mitigation: Terry Stevenson let the Council know that each County is required to have a Hazard Mitigation and we were out of compliance in Platte County. Adopting the plan qualifies us for the Mitigation funding for the next 5 years. CM Martinez moved to approve Resolution 2017-014 – Hazard Mitigation, seconded by CM Kelley. Vote taken and motion carried with 4 ayes. Resolution 2017-014 follows in its entirety: Resolution # 2017-014

Adopting the
Wyoming Region 7 Hazard Mitigation Plan

Whereas, the Town of Guernsey, Wyoming recognizes the threat that natural hazards pose to people and property within our community; and

Whereas, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and

Whereas, the U.S. Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”) emphasizing the need for pre-disaster mitigation of potential hazards;

Whereas, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments;

Whereas, an adopted Multi-Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs; and

Whereas, the Town of Guernsey fully participated in the FEMA-prescribed mitigation planning process to prepare this Multi-Hazard Mitigation Plan; and

Whereas, the Wyoming Office of Homeland Security and the Federal Emergency Management Agency Region VIII officials have reviewed the “Wyoming Region 7 Hazard Mitigation Plan”, and approved it contingent upon this official adoption of the participating governing body;

Whereas, the Town of Guernsey desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Wyoming Region 7 Hazard Mitigation Plan.

Whereas, adoption by the governing body for the Town of Guernsey, demonstrates the jurisdiction’s commitment to fulfilling the mitigation goals and objectives outlined in this Multi-Hazard Mitigation Plan.

Whereas, adoption of this legitimacies the plan and authorizes responsible agencies to carry out their responsibilities under the plan.

Now, therefore, be it resolved, that the Town of Guernsey adopts the “Wyoming Region 7 Hazard Mitigation Plan.”

River Road Lot D: The Council is staying with the previous decision to not provide the water or sewer taps for the property.

Restaurant Liquor License – Lockman’s Lunch Box: Would like to have limited beer and mixed drinks. They have had customers come in and ask for a beer while their dining in the establishment. Kevin Lockman will do some drawings of where the liquor would be served.

Public Comments: Christa Bartel let the Council know that the camp will be holding a large training group similar to the training in the summer, in February. Dan Sisson asked the Council if they would be willing to dedicate West Park to Bruce Heimbuck. He was instrumental in getting the skate park, the play set and the walking path. CM Kelley moves to dedicate and rename West Park to Bruce Heimbuck Park on November 11, 2017 at his retirement party , seconded CM Martinez. Vote taken and motion carried with 4 ayes.

Department Reports: Chief McGuire reported 400 calls for service for September. The Council would like to have a dog problem and want the ticket to be issued when it is caught again. Building checks are back up to where they are supposed to be. Sarah Cowan let the Council know that Walker’s Under Bridge is done. We will be putting in concrete slabs and tables with trees and solar lights. The Culver project is going very well. They are frustrated that it is not going as quickly as it should. They will keep plotting along and everything is to code. In working with Matt the hotel will have to have a sprinkler system installed to keep it a bed and breakfast. Ed Waddell is still working on the Trail Project and moving forward. Big Lonely Saddlery won the business first prize and the traveling trophy.

Mayor  & Council Reports: CM Martinez, on the corner of Pittsburg and Nebraska when they put in the new sidewalks, they had taken out the 20 mph speed limit sign and he would like the sign to be reinstalled as well as the street light. Kate will put a work order in Wednesday morning. CM Harris said treat street was great and a lot of kids. Mayor Delgado reminded the Council about the power outage on Thursday, November 9^th from 8:30 am to 12:30 pm.

Announcements: 11/9 – Power Outage, 11/10 – Veteran’s Day Program, 11/10 – Veterans Day Soup Dinner, 11/11 Bruce Heimbuck Retirement Party, 11/18 – Holiday Craft Fair, 11/21 – Town Council Meeting, 11/23 – Thanksgiving Day Dinner FREE, 12/2 – Hub City Toy Run, 12/6 – Winter’s Eve, Polar Express.

Adjournment: With no further business to come before the Council, Mayor Delgado called for a motion to adjourn. CM Harris moved to adjourn the meeting at 6:38pm, seconded by CM Martinez. Vote taken and motion carried with 4 ayes.

Attest:
                                                                                                                   
                                                                        Edward Delgado, Mayor
                                                           
Kate Farmer, Clerk/Treasurer

Public Notice No. 1711. To be published in the Guernsey Gazette on November 21, 2017