In contrast to the earlier public hearing on the permit, which had no members of the general public present, a standing-room only crowd of Sleeping Giant supporters packed the commission's meeting room this week to weigh in.
However, Park County …
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Park County commissioners likely will reconsider the Sleeping Giant Ski Area's application for a liquor license at a meeting next month.The commission in effect denied Sleeping Giant's request for a liquor permit on Nov. 17.But after ski area officials and other members of the public objected, the County Commission planned to reconsider the application at its Tuesday meeting.
In contrast to the earlier public hearing on the permit, which had no members of the general public present, a standing-room only crowd of Sleeping Giant supporters packed the commission's meeting room this week to weigh in.
However, Park County Attorney Bryan Skoric advised the commissioners that they could not reconsider the request or accept further public comment.
Skoric said in order to comply with state liquor laws, Sleeping Giant must re-apply for a permit and re-advertise its request in the Cody newspaper for the next four weeks.
“It's the only legal method to do it under state statute at this point,” Skoric said. “I know sometimes the law is frustrating, but that's the way it is.”
If the ski area was issued a license without a new public hearing, “Sleeping Giant would be sitting on a faulty permit that anybody from the public could appeal,” Skoric said.
With the four-week requirement, the soonest the commission could schedule a new request would be at its regular Jan. 5 meeting, unless a special meeting is scheduled.
In the interim, the ski area could seek one or more 24-hour beverage permits from the county.
On Wednesday, Sleeping Giant Executive Director Ham Bryan said ski area managers were weighing their options.
“The most important thing is to get the (full) liquor license,” Bryan said.
A new license application had not been received by the county clerk's office as of Wednesday afternoon.
No motion — for or against the permit — ever was brought to vote at the Nov. 17 public hearing, but Skoric said the lack of action had the same effect as voting it down.
At that hearing, Commissioners Dave Burke and Jill Shockley Siggins expressed concerns with mixing alcohol and a family-friendly environment, and the possibility of recreationists driving home drunk. They also mentioned several comments they had received opposing the permit.
Commissioner Tim French said he wanted to see greater separation between youth and the alcohol and would support the license if he was convinced the separation was adequate.
“If I can be assured of that, no problem,” he said on Tuesday.
In a letter to the commission last week, Bryan of Sleeping Giant challenged the fact that commissioners referenced comments they received prior to the hearing.
After Tuesday's meeting, Skoric said it was his interpretation of state statute that informal remarks outside a hearing — such as conversations on the street with commissioners — would not count as comments to be considered at a public hearing.
“If you want to speak for or against (a license), you need to show up at the hearing or write a letter with your name on it,” Skoric said.
With the hearing postponed, there was little discussion about the merits of the petition on Tuesday, though former U.S. Senator Al Simpson of Cody laid out a brief case for the ski area's license.
“Don't think that we're here to chastise you,” he began, thanking the commission for their support of the project in other areas.
Simpson said the sale of alcohol was an important revenue stream for the non-profit ski area. He also noted that alcohol, family activities, and children mix in many settings, from the Cody Nite Rodeo to restaurants.
He acknowledged that drunken driving is a serious concern, but added, “You can't play nanny to numbskulls.”
He closed his remarks by thanking commissioners for the second chance, drawing light applause from the packed audience.
Commission Chairman Bill Brewer, who was not present when commissioners denied the permit, said he was looking forward to hearing from residents at the January hearing.
“We'll listen to your input,” he said.
Since the commission initially denied the permit, Brewer said he had received feedback from 15 to 20 individuals, roughly 10 to 1 in favor of granting a permit.
Commissioner Burke said he had received a fewer number of remarks, and “the comments were pretty mixed.”
Commissioner Bucky Hall — the lone commissioner to support Sleeping Giant's application at the Nov. 17 meeting — said he had received some 50 to 60 comments from folks who were mostly “bewildered” as to “why we would deny it.”
“No one came up and said, ‘Well, you guys did the right thing,'” Hall said.