Riverton council opens review of liquor code covering minors, demerits and drive‑up windows

The Riverton City Council on Oct. 14 discussed a package of proposed changes to the city’s liquor code, focusing on whether local rules should be clarified or tightened on minors in establishments, a demerit (point) system for liquor-license holders, reporting requirements when a patron is visibly intoxicated or ejected, and whether drive‑up windows should be restricted.

Administrative Services Director Mia Harris opened the discussion by summarizing the packet material and the key ambiguity in current code: whether the municipal code allows minors in certain licensed premises only if the location’s primary revenue is food or whether the presence of a commercial kitchen simply allows minors to remain until 10 p.m. She said the packet included both relevant sections of the Riverton Municipal Code and Wyoming state statute "so you have those in their entirety in the packet as well."

The question matters because state law and local code use different tests and thresholds. Wyoming law sets rules for retail, bar‑and‑grill and restaurant licenses and in some cases ties a restaurant license to a percentage of revenue from food; Harris noted the state statute summary that "restaurant liquor license is primarily for individuals in the business of food service," and that the city code as written contains language that can be read either as an "and" or an "or," creating enforcement confusion. City Attorney Butterfield told the council he and outside counsel interpret the current subparagraphs as combined (an "and") and recommended cleaning up the code to remove ambiguity.

Why it matters: council members said the issue has practical impact on downtown businesses that operate both food and alcohol sales, and on public‑safety concerns about minors being in close proximity to dispensing (bar) areas. Councilwoman Karen Johnson asked that any change be clear for licensees and consistent with state law. Council members discussed tying any allowance for minors to the operation hours of a commercial kitchen, to a clear physical separation between dispensing and dining areas, or to a sales‑threshold such as the 60% food sales test that appears in state restaurant license rules.

Point system and tracking. Councilwoman Johnson urged the council to consider a demerit or point system modeled on ordinances in Laramie and Cody that automatically ascribe points to licensees after a conviction; the council discussed shortening Riverton’s existing three‑year lookback for violations to 12 months to better align with the annual licensing cycle. Administrative staff and the city attorney confirmed that current Riverton policy limits action based on license‑related misconduct to cases with a court conviction: points would be assigned only after conviction, and licensees would retain appeal rights. The council requested staff draft a proposal with concrete point thresholds and consequences (examples discussed included correction plans at lower point totals and multi‑day suspensions at higher totals).

Habitual‑drunkard rule and enforcement questions. The council revisited a previously considered ordinance labeling some individuals ‘‘habitual drunkards’’ and penalizing licensees who sell to them. Several members expressed concern about civil‑liberty and enforcement issues, recalling that a similar proposal reached a tie vote in 2018 and failed on the third reading. Council discussion emphasized that existing law already prohibits sale to an intoxicated person and that the police/court process for public intoxication and related convictions would be central to any new approach. No new ordinance was adopted; several council members asked staff to explore options and to consider whether defining the term (for example, by number of convictions in a set period) would make it workable.

Reporting refused service / ejections. Members discussed a recommendation from the Fremont County DUI Task Force (represented at the meeting by Pete Abrams of the WYDOT highway safety office) and others to require licensees to notify police when a patron is refused service for visible intoxication or is ejected. The council asked police leadership to investigate how Sheridan’s notification practice works in practice and what the police department would do upon receiving such a report; Chief Hurtado (police chief) said the department could treat some reports as requests for patrol checks but cautioned about creating an undue operational burden. Tana Groomsmith of the Fremont County prevention program and others supported more training (TIPS) for servers; the council heard that 146 servers in Fremont County are currently TIPS certified.

Drive‑up windows. Council members and several local licensees debated whether to restrict or ban drive‑up liquor service. Riverton code and Wyoming statute already set requirements for drive‑up sales (hours of sale, area ownership or lease, a 40‑foot maximum from the licensed building, original unopened packaging, no sales to underage or visibly intoxicated patrons). Some business owners warned a ban would cut significant revenue (several estimated large percentages of sales from drive‑up windows); others and some council members cited examples from other cities that reported reductions in impaired‑driving incidents after banning drive‑ups. The council asked staff to research what Casper, Sheridan and other Wyoming cities have done and to report back.

Next steps. No ordinance changes were adopted at the meeting. By consensus the council asked Administrative Services Director Mia Harris and the city attorney to return with draft ordinance language that: clarifies the minors‑in‑establishment rules (including options tied to kitchen hours, separation of dispensing areas, or a percentage of sales), proposes a point/demerit system (with a recommended lookback period and thresholds), outlines reporting options for refused service/ejections (and the operational response by police), and presents options for drive‑up windows. Drafts will be brought back for formal readings and public comment before adoption.

Context and public safety input. Fremont County and WYDOT representatives described the DUI task force’s enforcement and prevention work and urged use of training and data to guide policy changes. Police staff reported 698 calls at alcohol‑related establishments in the last fiscal year across all call types (including retail stores), and staff emphasized that any demerit system would be tied to convictions and to existing due‑process protections in court.

The council scheduled no date for final action; it reiterated that any proposed ordinance would follow the normal three‑reading process and include public hearings so affected businesses and residents could testify.