HomeMy WebLinkAbout12-16-16 Public Comment - C. Yurashak - Bozeman TaproomFrom:Chad Yurashak
To:Carson Taylor; Cyndy Andrus; Jeff Krauss; Chris Mehl; I-Ho Pomeroy; Agenda
Subject:Taproom Approval
Date:Friday, December 16, 2016 5:08:45 PM
To whom it may concern,
I do not support the application of an all beverage liquor license at the Bozeman Taproom.
In the interest of full disclosure let it be known that my wife and I own neighboringbusinesses, which may be considered competition for this establishment. However, this has
little to no bearing on my opinion. The fact is that we are in the most competitive location intown, possibly Montana, and one more place coming or going is going to bear little to no
weight on what happens to our businesses.
Some of the reasons I am opposed:
1. The city cannot control what "type" of bar this is, who manages it, or who purchases it inthe future. An establishment branding itself as family friendly now holds no weight for the
future. As time passes all business plans move from their initial concept to something that fitsthe current market. For example, just a few months ago at this same business sold itself to you
as a strictly beer and wine bar.
While the city can put multiple conditions on the use of this permit, they can never put thetoothpaste back in the tube. So any conditions the city might see fit at this time are only one
deviation meeting away from being removed indefinitely.
2. Parking is an issue. The city has put forth that this is already a problem in downtown.
Currently there is no solution that doesn't impact downtown negatively. This establishment haseffectively zero parking. Their only access to parking is via public parking lots, which are all
blocks away, in the city hall parking lot, or street-side. I have personally almost hit several oftheir customers that were jaywalking across Rouse to their cars.
I realize the establishment cannot control their customers. However, convenient access to
parking that isn't a liability is an issue. Rouse is considered a highway, unless I am mistaken.If people were sprinting across Main Street, or Huffine, the police would be quick to apply
pressure. But I have seen zero effort here.
What is to happen if the Taproom decides to expand and double its seating area? How willthey handle parking at that time?
With all these issues coming to light I personally feel Commission should be working to
mediate current issues, rather than expand them. This is the school my daughter will attend ina few years and as a father I would like to see this issue addressed. Police need to confront the
current issue or the city needs to make the street a no parking zone before a child gets hurt.
3. A full beverage license in full view of children going to school is illegal for a reason. Thereis a sizeable portion of our society that finds alcohol offensive, and they have children that are
going to attend this school. While I don't personally agree with them I do respect their beliefs.The current laws were established so that opposing views related to alcohol consumption can
coexist. Individuals opposed to alcohol consumption are protected by the laws asare businesses who serve alcohol. I am aware that the majority of Bozeman is tolerant of
alcohol use in moderation. That being said, ignoring the rights of a subset of society simplybecause they are a minority is simply bad for my industry as a whole.
We cannot force people to accept alcohol use, even if it is moderate or responsible. Their
anger the first time one of their children are subjected to listening to inappropriate music atobscene volumes, bear witness to vulgar behavior, or are actually injured will not be pacified
by the fact that the bar across the street markets itself as family friendly. Ignoring the rights ofindividuals who practice teetotal abstinence is wrong and has the potential to cause retaliation
that negatively affects all businesses serving alcohol.
I consider myself to be fairly liberal in regards to alcohol consumption, and even I am hesitantabout a bar across the street from my daughter's school. I am not opposed to children
witnessing moderate and responsible alcohol consumption. In fact, in the right setting, I thinkit is positive. However, normalizing drinking during "working hours" for children does
concern me. Adults understand that other people can be having a beer during "working hours"because not everyone has the same schedule. I think it is unrealistic to expect elementary
students to see someone drinking cocktails at 11 am and assume that that person most likelyhas the day off, is on vacation, retired etc.
The bending, and breaking, of laws to appease the majority over a minority creates
unnecessary exposure industry wide.
4. Casino gaming - There is no gaming attached to the proposed license, but the precedent willbe set for the future. It is my understanding that per Montana law the city cannot control the
number of machines, or their location within a licensed establishment. Nor can the cityregulate whether gaming exists if the license allots it. This means all it takes to turn the
Taproom into a casino is someone buying their full beverage license, and putting one withgaming in place. Then we have a casino within a school zone.
Allowing a full beverage liquor license next to an elementary school but refusing an
application for a "family friendly" casino across from the high school will be a legalnightmare. Does the City believe that a casino operator, ex: Lucky Lils, wouldn't jump at that
opportunity and have pockets deep enough to fight for it?
As a person that knows the gambling business I can tell you a casino walking distance to ahigh school would be a gold mine. Since we live in a time where any high schooler with a
laptop and $100 can get a fake ID I would prefer that the city retains its ability to crediblyrefuse such applications.
In summary:
The city cannot control where this establishment will fall on the spectrum of
atmosphere's long term. If they study what kind of establishments have long life spans inhighly competitive markets they will find that "family friendly" ones have a high rate of
failure. However there are plenty of examples of dive bars, and casinos, that have been aroundsince pre-prohabition nation wide. Current laws are in place for a reason; once the people they
are set up to protect feel marginalized they have potential to retaliate against an entireindustry. Overall it is a can of worms much bigger than one family friendly bar next to a
school, and it has the potential to be the source of costly legal battles for the city for years tocome that as a taxpayer I would prefer the city not engage in.
Thank you for your time and consideration.
Chad YurashakBar IX/Bagels etc.
311 E. MainBozeman, MT 59715