CITY COUNCIL
STAFF REPORT
October 26, 2015
RETAIL LIQUOR LICENSE APPLICATION
SUMMARY
PREPARED BY:
Karen Rimmer, City Clerk
DATE:
October 22, 2015
APPLICANT:
Headstrong, LLC D/B/A Headstrong Brewery
HISTORY/COMMENTS:
Headstrong, LLC (Headstrong) submitted an application for the one available retail liquor license on
October 5, 2015. All fees have been paid and all required attachments were provided. The application
was reviewed by City Attorney, Eric Nelson; Chief of Police, Ron Casalenda; and by the Wyoming Liquor
Division. The Liquor Division required clarification regarding the dispensing room description as well as
an explanation concerning why the licensed dispensing room for the microbrewery was referenced for this
application. The dispensing room description was corrected by the applicant; the application was resent
and approved by the Liquor Division; and it was clarified for the State that the Headstrong wanted to
demonstrate the location of the existing room in relation to the proposed room. At the time of the writing
of this memo, no comments have been received in favor or opposition of this application from the public.
Headstrong is also in good standing with the Wyoming Secretary of State’s office.
Due to new requirements as a result of adopted Ordinance 970, all members owning 10% or more of
Headstrong LLC were required to provide the City with a current copy of a criminal background check.
Those individuals are Martin Roessing, Travis Lawhorn, and Joseph Larson, as indicated on the
application itself. At the time of the writing of this memo, no criminal background reports have been
received from the Department of Criminal Investigation, although all applicants have submitted the
required paperwork and fees (payable to the Attorney General) for the reports to be produced. Please note
that if Council chooses to approve this application, such approval would need to be contingent upon the
receipt of criminal background reports for all members of Headstrong LLC as listed on the application
and as approved by Chief Casalenda or his designee.
Headstrong, LLC, currently holds a microbrewery permit. If they are approved for this retail liquor
license, they intend to hold it in conjunction with the microbrewery permit. This is specifically allowed
under W.S. 12-4-412(b)(iii)(A), which states in part:
“The local licensing authority…may approve the dual holding of a microbrewery permit
or winery permit and one (1) of the following: A retail liquor license as provided in W.S.
12-4-101 through 12-4-202”.
If approved, the retail liquor license would have a separate dispensing room from the approved
microbrewery dispensing room as depicted in the attached dispensing room drawing. The applicant also
City Council Staff Report, Headstrong LLC Retail Liquor License Application
Page 1 of 2
intends to sell package liquor from a separate room adjacent to the dispensing room, which does not
require a separate dispensing room description or fee so long as the two rooms share a common wall.
Headstrong will be providing Mayor and Council with commentary regarding their purpose in applying
for this liquor license and will be able to answer any questions that may arise.
CONCLUSION:
Headstrong may be considered by Council, based upon Council-established criteria, for the available retail
liquor license.
City Council Staff Report, Headstrong LLC Retail Liquor License Application
Page 2 of 2
WLD-03 1 ( 10 111 )
FOR NEW LICENSES AND TRANSFER
LICENSE AND/OR PERMIT APPLICATION
FOR LIQUOR, COUNTY MALT BEVERAGE, LIMITED, WINERY OR MICROBREWERY
Date Filed : __1'"""'0--~-~0~5_ _ _2~0_1~5Annual Fee
Prorated Fee
Basi c Fee:
$ 1000.00
$ 427.44
Add ' I Dispensing Room
$
0 .
$
Fee:
Transfer Fee:
0.
$
Total License Fee
427.44
427.44
$
$
Collected
Publishing Fee Collect:
$ 110.00
Required Attachments Received :
Yes
10
Lo cal Licensing Number: - --
Through:
Day
Year
I
31
03
Month
Da
2016
~NEW
0
0
TRANSFER LOCATION
TRANSFER OWNERSHIP
FILING IN (CHOOSE ONLY ONE)
~ CITY OF Douglas
0
COUNTYOF
FILING AS (CHOOSE ONLY ONE)
0 INDIVIDUAL
~ LLC
0 PARTNERSHIP
D LLP
0 CORPORATION
0 LTD PARTNERSHIP
0 ASSOCIATION
0 ORGANIZATION
126 N. 3rd Street
Number & Street
Dou las
82633
State
ailing Address:
Converse
Zip
County
Same as above
1ty
State
ax Number:
-Mail Address: [email protected]
TYPE OF LICENSE OR PERMIT
(CHOOSE ONLY ONE)
ISZ) RETAIL LIQUOR LICENSE
D on-premise only
D off-premise only
~ combination on/off premise
0 RESTAURANT LIQUOR LICENSE
0 RESORT LIQUOR LICENSE
0 COUNTY RETAIL or SPECIAL MALT
BEVERAGE PERMIT
0 VETERANS CLUB
0 FRATERNAL CLUB
0 GOLF CLUB
0 SOCIAL CLUB
0 MICROBREWERY
0 WINERY
0 BAR AND GRILL
0
WY
LICENSING AUTHORITY: Begin publishing promptly As
W .S. 12-4-104(d) specifies: NO LICENSING AUTHORITY
SHALL APPROVE OR DENY THE APPLICATION UNTIL
iTHE LIQUOR DIVISION HAS CERTIFIED THE
~PPLICATION IS COMPLETE.
Year
A copy must be immediately forwarded to :
State of Wyoming Liquor Division
6601 Campstool Rd.
Cheyenne WY 82002-0110
FILING FOR
remise Address:
usiness Telephone Number: ...,
{3=0_,__7,_,)3=5'--'-1---'
-4=0=61--_ _ _ __
--=
27
. .__ _ _ __
For the license term: _ _1::..:::0'-----'/ -=2""-7- --""---=20.._1....5'---Month
Headstrong Brewery
D
I 2015
26
rade Name (dba):
Number & Street or P 0 Box
Adv ertis ing Dates (4): ----'1~0._/1~4~&~10=/=2~1·~2~0_1~5_ __
Hearing Date :
Headstrong. LLC
To Assist the Liquor Division with
scheduling inspections:
DO YOU OPERATE?
~ FULL TIME (e.g. Jan through Dec)
0
SEASONAL/PART-TIME
(specify months of operation)
from
to
DAYS OF WEEK (e.g. Mon through Sat)
Monday - Sunday
HOURS OF OPERATION (e.g. 10a - 2a)
6:00 AM to 2:00 AM
LOCATED WITHIN 5 MILES OF
CITY {County License only)
1. Location of License:
(a) Give a description of the dispensing room and state where it is located in the building (e.g. 10x12 room in
SE corner of 1st floor of building). If the building is not in existence, provide the location and an architect's
drawing or suitable plans of the room and premises to be licensed: If Winery or Microbrewery, also list
manufacturing facility. W.S. 12-4-102(a)(i): (Please submit a drawing of dispensing room)
'
ROOM IN THE UPPER MEZZANINE LEVEL IN THE WEST END OF THE BUILDING
__
1 _
~~· x~ 2 _
_ _ _ _ _ __ _ _ _ _ __ _ __ _ _ _ _ __
(b) Do you have an additional dispensing room?
D
_
_
YES 1:8] NO If yes, provide description and location:
(c) Provide the legal description and the zoning of the site where the applicant will conduct business:
LOTS 30, 31, AND 32, BLOCK 12, DOUGLAS CB-1 DOWNTOWN BUSINESS ZONE
2. Do you W.S. 12-4-103 (a) (iii):
(1) OWN the building in which sa les room is located?
(2) LEASE the building in which sales room is located?
1:8] YES (own)
0
YES (lease)
located on page
paragraph
of lease document.
(A) DATE lease expires
paragraph
of lease.
(B) Provision for SALE of alcoholic or malt beverages located on page
NOTE: Attach a true copy of the lease to application. Lease M UST contain provision for SALE OF ALCOHOLIC or MALT
BEVERAGES and be valid T HROUGH the TERM O F T HE LIC ENSE W.S. 12-4-103(a)(iii).
3. Have you already assigned, leased, transferred or do you intend to assign, lease, transfer, contract or in any other
manner agree with any person or firm other than yourself as licensee to operate and assert control or partial control
of the license and the licensed room to carry on the licensed liquor business?
D YES 1:8] NO
W L D-031( 101 1)
4. Does any manufacturer, brewer, rectifier, wholesaler, or through a subsidiary affiliate, officer, director or
member of any such firm : W .S. 12-5-401 , 12-5-402, 12-5-403
(a) Hold any interest in the license applied for?
DYES C8] NO
(b) Furnish by way of loan or any other money or financial assistance for purposes hereof in your
business?
D YES C8] NO
(c) Furnish, give, rent or loan any equipment, fixtures, interior decorations or signs other than
standard brewery or manufacturer's signs?
D YES C8] NO
(d) If you answered YES to any of the above, explain fully and submit any documents in connection
therewith:
5. Does applicant have any interest or intent to acquire an interest in any other retail liquor license to be
DYES C8] NO
issued by this licensing authority? W.S. 12-4-103(b)
If "YES", e x p l a i n : - - - - - - - - - - - - - - - - - - - - - - - - - - - -6. Is applicant a mayor, member of a city or town council, or member of the board of county commissioners
DYES C8] NO
within the jurisdiction of this licensing authority? W.S. 12-4-103(a)(i)
7. Is applicant employed by the State, City or Town, or County as a law enforcement officer, or hold office
DYES [8J NO
as a law enforcement officer through election? W.S. 12-4-103(a)(ii)
RESTAURANT OR BAR AND GRILL
: Complete questions 8(a) and 8(b):
8. (a) Have you submitte
food service permit upon application?
a) W .S. 12-4-413(a)
DYES D NO
b
your dispensing room for alcoholic and/or malt beverages in existence and open for
consumption purposes prior to February 1, 1979? W .S. 12-4-41 O(b) DYES ONO ON/A
RESORT LICENSE: Complete questions 9(a) through 9(c):
9. (a) Is the actual valuation of the resort complex at least one million dollars, or have you committed or
expended at least one million dollars ($1 ,000,000.00) on the complex, excluding the value of the land?
DYES ONO
W .S. 12-4-401(b)(i)
(b) Does the resort complex include a restaurant
hundred (100) persons? W.S. 12-4-401(b ..
a convention facility which will seat at least one
0YES0NO
(c) Does the resort complex inclu
otel or hotel accommodations with at least one hundred (100)
1(b )(iii)
DYES ONO
WINERY LICENSE: Complete questions 10 through 11:
10. Is premise to be -existent with a retail , restaurant, resort or bar and grill liquor license?
(b )(iii)
DYES O NO
, please specify type: D Microbrewery D Winery D Retail
D Restaurant D Resort D Bar & Grill :
11. (a) Do you self distribute your products?
(b) Do you distribute your products through an existing malt beverage wholesaler?
DYES ONO
DYES ONO
ORGANIZATION AND/OR CLUB LICENSE: Com~qu~2 through 15 as applicable:
12. FRATERNAL CLUBS W.S. 12-1-101(a)(iii)
(a)
grand lodge or national organization is:
(b) Does lodge or
ernal organization hold a charter from a national organization or national grand
lodge?
DYES ONO
(c) Has
fraternal organization been actively operating in at least thirty-six (36) states?
DYES ONO
) Has the fraternal organization been actively in existence for at least twenty (20) years?
DYES ONO
13. VETERANS CLUBS W .S. 12-1-101 {a)(iii) A ·
(b) Has
eteran's organization been chartered by the Congress of the United States for patriotic, fraternal
r benevolent purposes?
DYES ONO
(c) Is the membership of the Veteran's organization comprised only of Veterans and its duly organized
auxiliary?
DYES ONO
WLD-03 1 ( 10 II )
14. SOCIAL CLUBS W.S. 12-1-101 (a)(iii)(E):
(a) Do you have more than one hundred (100) bona fide members who are residents of the county in
which the club is located?
DYES ONO
(b) Is the club incorporated and operating solely as a nonprofit organization under the laws of this
state?
DYES ONO
(c) Is the club qualified as a tax exempt organization under the Int
DYES ONO
(d) Has the club been in continuous operation for a period o
less than one (1) year?
D YES ONO
(e) Has the club received twenty-five dollars ($2 . ) from each bona fide member as recorded by
the secretary of the club and are club m
ers at the time of this application in good standing by
having paid at least one (1) full ye · dues?
DYES ONO
(f) Does the club hold quarterly
ings and have an actively engaged membership carrying out the
objectives of the club?
DYES ONO
(g) Have you filed a true py of your bylaws with the local licensing authority and the Wyoming Liquor
DYES ONO
Division?
(h) Has at lea
1fty one percent (51 %) of the membership signed a petition indicating a desire to
secure
imited Retail Liquor License?
PETITION MUST BE ATTACHED TO APPLICATION)
DYES O NO
ave you filed with the licensing authority and the Wyoming Liquor Division a detailed statement of your
activities during the preceding year which were undertaken or furthered in pursuit of the objectives of the
club, along with an itemized statement expended for such activities?
DYES ONO
15. GOLF CLUBS W.S
(a
16.
u have more than fifty (50) bona fide members?
) Do you own, maintain, or operate a bona fide golf course together with clubhouse?
D YES ONO
DYES ONO
(a) If applicant is an Individual or Partnership: State the name, date of birth and residence of each
applicant or partner, if the application is made by more than one individual or by a partnership.
If the application is for a Club: State the name, date of birth and residence of each officer.
DONOTLIST
PO BOXES
True and Correct
Name
Date
of
Birth
Residence Address No. &
Street
City, State & Z ip
Residence
Phone
Number
Have you been a
DOMICILED resident
for
at least 1 year and not
claimed residence in
any
other state
in the last vear?
YES O
Have you
been
Convicted of
a Felony
Violation?
Have you been
Convicted of a
Violation
Relating
to Alcoholic
Liquor or Malt
Beverages?
YES O
YESO
NO 0
YES O
NO 0
YES O
NO 0
YES O
NO 0
YES O
NO 0
YES O
NO 0
YES O
NO 0
YES O
NO 0
YES O
NO 0
YES O
NO 0
YES O
NO 0
YES O
NO 0
YES O
NO
0
NO
0
NO
0
(If more information is required, list on a separate piece of paper and attach to this application .)
(b) If the applicant is a Corporation, Limited Liability Company, Limited Liability Partnership
or Limited Partnership: State the name, date of birth and residence of each stockholder holding,
either jointly or severally, ten percent (10%) or more of the outstanding and issued capital stock of
the corporation, limited liability company, limited liability partnership, or limited partnership, and
every officer, and every director.
DONOTLIST
PO BOXES
No. of
Years
in
Corp or
LLC
% of
Stock
Held
2
27.6
YESO
Have you been
Convicted of a
Violation
Relating
to Alcoholic
Liquor or Malt
Beverages?
YES O
Travis Lawhorn
1.5
26.2
NO 181
YESO
NO 181
YES O
Joseph Larson
2
16.2
NO 181
YES O
NO 181
YESO
NO 181
YES O
NO 181
YES O
NO 0
YES O
NO 0
YES O
True and Correct
Name
Martin D. Roessing
Date of
Birth
Residence Address No. &
Street
City, State & Zip
Residence
Phone
Number
Have you
been
Convicted of
a Felony
Violation?
NO
0
(If more information is required, list on a separate piece of paper and attach to this application .)
NO
0
WLD-03 1 ( 10 11 )
OATH OR VER/FICA TION
(Requires signatures by ALL Individuals, ALL Partners, ONE (1) LLC Member, or TWO (2) Corporate Officers
or Directors except that if all the stock of the corporation is owned by ONE (1) individual then that individual
may sign and verify the application upon his oath, or TWO (2) Club Officers.) W.S. 12-4-102(b)
Under penalty of perjury, and the possible revocation or cancellation of the license, I swear the above stated facts,
are true and accurate.
STATE OF WYOMING )
COUNTY OF
°"1
SS.
"'""
)~
Before~;;AA: ~\lirJ\ Clot,~'~ h. O MU:::---
, (specify)
(Printed name of Notary or other officer authorized to administer oaths)
a
a Notary Public, Officer authorized to administer oaths in and for
~vti..-sc.
- - -\ ~s.
County, State of Wyoming, personally appeared
~.. .\o.,lfvL
name he/she being first duly sworn
(Insert Names)
(Seal)
c:~::o.u;:
.
n ~i:::::·P:::.: that the facts al-~
. legedm the foreg~
oing instrument are true.
COUNTY OF
CONVERSE
•
STATE OF
WYOMING
21
_
_
•
MY COMMISSION EXPIRES JUNE 30, 2018
My Commission expires:
<i)\3J{d<.ASC
3._ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _
4._ _ _ __ __ _ _ _ _ __ _ _ _ __ __
hand and official seal:
(No
Title
~bry
Dated:
1o/_~1 -S-
REQUIRED ATTACHMENTS :
~ttach
any lease agreements W .S. 12-4-103 (a) (iii).
ftrlf the building is not in existence, an architect's drawing or suitable plans of the room and the
~emises to be licensed must be attached W .S. 12-4-102 (a) (i).
~ A statement indicating the financial condition and financial stability of the applicant
W .S. 12-4-102 (a) (v).
~estaurant or Bar & Grill Liquor License applicants must include a copy of the CURRENT food
service permit W.S. 12-4-407 (a) or 12-4-413 (a).
~ Include a drawing of the dispensing room W .S. 12-5-201 (a).
,...(ij--' Check or bank draft as payment for the application and publishing the notice of application
(Direct billing is permissible for publication fees) W.S. 12-4-101-4 (a).
,..(gj1f transferring a license from one ownership to another, a form of assignment from the current
licensee to the new applicant authorizing the transfer W .S. 12-4-601 (b ).
ADVERTISING REQUIREMENTS W.S. 12-4-104(a):
When an application for a license, permit, renewal or any transfer of location or ownership thereof has
been filed with a licensing authority, the clerk shall promptly prepare a notice of application , place the
notice conspicuously upon the premises shown by the application as the proposed place of sale and public
the notice in a newspaper of local circulation once a week for four (4) consecutive weeks. The notice shall
state that a named applicant has applied for a license, permit, renewal or transfer thereof, and that protests
against the issuance, renewal , or transfer of the license or permit will be heard at a designated meeting of
the licensing authority.
FOR LIQUOR DIVISION USE ONLY
Reviewer
Agent:
Chief:
Acct.:
Initials
Date
0
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rr11it 'I- (fil 100w X 1 rh•nrlPliPr< m•on rlinino MP>
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Circuit 4 - (8) 60w X 3 light tracks (back bar, bar, sub bars)
Circuit S - (6) lOOw X 3 chandeliers main dining area
Circuit 6Circuit 7 - (7) wall outlets store, back bar wall & AV rack
C:irrioot R-lfil w•ll nutlPt< h>r •rP> for 1(0 tv< //, nrniPrtnr
~
0
Switch 1- (2) 320w Metal Halides
Switch 2 - (2) 320 w Metal Halides
Switch 3 - (2) 320w Metal Halides
Switch 4 Swirrh
~
- lfi\ W M>ln C:h•nrlPliPr
Switch 6- (7) E Main Chandeliers
Switch 7 - ( l) W Fireplace Track
Switch 8- (l)E Fireplace Track
Switch 9- (2) Back Bar Tracks
~witrh
L\-}j
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p.
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~
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M~=.JM~:•-r l~~
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·Q· ·O· ·Q·
AIN AREA CIRCUITS
rcult l - (3) 320w Metal Halides (Kitchen & Store)
(2) recessed lights In kit hallway, FP Tracks
rcuit 2 - (6) 320w Metal Halides (Over Bar & Main)
~
I fQJ
~-51
in - 141 M>in R>r Tr>rk<
...
~~
Switch 11 - (2) Island Bar Tracks
Switch 12 Kit Switch - (2) 320w Metal Halid
Store Switch - ( 1) 320w Metal Ha
l
RECEIVED OCl 0 6 2015
Drawer 689
Douglas, Wyoming 82633
Phone 307/358-5300
October 6, 2015
RE: Headstrong LLC
To Whom It May Concern:
Headstrong has an account# I 03-767-0 in good standing with Converse County Bank. This account has been
in good standing since inception dated 4-20-12. Headstrong has been a valued customer of Converse County
Bank. Please contact me if I can answer any other questions.
Sincere ly,
~k~
Marlon Schlup
Senior Vice President
w
[/]
It:
w
I>
=zi
D
u
STATE OF WYOMING• SECRETARY OF STATE
EDWARD F. MURRAY, III
BUSINESS DIVISION
200 West 24th Street, Cheyenne, WY 82002-0020
Phone 307-777-7311 · Fax 307-777-5339
Website: http://soswy.state.wy.us · Emai l: [email protected]
Filing Information
Please note that this form CANNOT be submitted in place of your Annual Report.
Name
Headstrong LLC
Filing ID
2012-000620303
Type
Limited Liability Company
Status
Active
Sub Status
Standing - Tax
Standing - RA
Standing - Other
Filing Date
Delayed Effective Date
Inactive Date
Current
Good
Good
Good
04/09/2012 8:25 AM
General Information
Old Name
Fictitious Name
Sub Type
Formed in
Term of Duration
Wyoming
Perpetual
Principal Address
Mailing Address
126 N. 3rd Street
Douglas, WY 82633
126 N. 3rd Street
Douglas. WY 82633
Registered Agent Address
WyomingRegisteredAgent.com, Inc.
1621 Central Ave
Cheyenne, WY 82001
Parties
Type
Name I Organization I Address
Organizer
WyomingRegisteredAgent.com
--'-''-------
Notes
Date
Recorded By
Note
Page 1of2
Filing Information
Please note that this form CANNOT be submitted in place of your Annual Report.
Name
Headstrong LLC
Filing ID
2012-000620303
Type
Limited Liability Company
Status
Active
Most Recent Annual Report Information
Original
$50.00
6/ 16/2015 8:39 AM
Y
Type
License Tax
AR Date
Web Filed
AR Exempt
N
AR Year
AR ID
2016
02263242
Officers I Directors
Type
Name I Organization I Address
Principal Address
Mailing Address
- - - - - - - - - - - -- -- - -- -
126 N. 3rd Street
Douglas, WY 82633
126 N. 3rd Street
Douglas, WY 82633
Annual Report History
----- ----- ----- -----
Num
01825229
Status
Original
Date
04/23/2013
Year
2013
Tax
$50.00
01848092
Original
06/06/2013
2014
$50.00
Principal Address 1 Changed From: 1621 Central Avenue To: 126 N. 3rd Street
Principal City Changed From: Cheyenne To: Douglas
Principal Postal Code Changed From: 82001 To: 82633
02046779
Original
06/06/2014
2015
$50.00
02263242
Original
06/16/2015
2016
$50.00
Amendment History
ID
2013-001478927
See Filing ID
Description
Date
---=------------------------------ - -- Delinquency Notice - Tax
04/02/20 13
Initial Filing
04/09/2012
Page 2 of 2
· RECEIVED OCT 1S 2015
MATTH EW H. M EAD
Governor
DANIEL W. NOBL E
Director
GREG COOK
Administrator
Phone
(301> 111-1231
I
Fax:
6601 Campstool Rd, Cl1C) Cnnc, W)Oming 82002-0110
I (301> 111-6255
Website: htto://eliouor. \\ yoming.gov
October 9, 20 15
DOUGLAS CITY CLERK
PO BOX 1030
DOUGLAS, WY 82633
Re: HEADSTRONG BREWERY
Applicant: HEADSTRONG LLC
We are in receipt of the liquor license and/or permit application for the above applicant and find the following
discrepancies.
------
C le rk info rmation-
Dispensing room- Our records indicate that the dispensing room should be a 63' X 42 room please
clarify-The drawing submitted shows a second dispensing room but Q-l(b) answered NO please
clarify.
-----X
Inco mplete or unanswe red questions- - - - --
Application notarizedLease tenn -
_ _ _ _ _ _ Lease alcohol provision-
- - -- - -
Drawing/suitable plansFinancial condition state me ntFood service permitSecre tary of State-
Additional comments:
\'lJte: .'\ '" Licensin1: A.uthlJrity shall Approve lJr Deny the application until the LiqulJr Division has certified the af!Plication
complete. (12-4-104@ Your prom t attention in this matter is greatly aJ!R!eciated.
Sincerely,
Agent:
Tom Montoya
(307) 777-6453
Please make corrections on the application for further reference and return this memo along with the information. Only
copies of the corrected pages need to be returned.