Residents object to exotic dancers

Town’s attorney says they are legal

Holly Dabb
Posted 1/26/18

Zoning exists for sexually oriented businesses

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Residents object to exotic dancers

Town’s attorney says they are legal

Posted

PINEDALE – Several residents protested during the Monday’s Pinedale Town Council meeting about an upcoming performance by male exotic dancers advertised by Stockman’s Mountain Man Tavern.

Posters advertising “Men Next Door A sensational girl’s night out,” hang on the bar’s entrance. The poster depicts four men without shirts.

Lisa Moticka claimed the bar’s owner is buying its alcohol from other liquor establishments rather than through the Wyoming Liquor Commission and rents motel rooms. She questioned whether the owner was paying lodging taxes on those rooms. The accusation was the town is not uniformly applying liquor laws to all locations that have been awarded liquor licenses.

Ed Wood, the town’s attorney, said it is not up to the city to enforce liquor laws; that is the state’s job.

Kathy Freeman spoke about the exotic dancers, asking if Pinedale allows that in town. Wood said the town’s code allows zoning for sexually oriented businesses.

Following a review, Wood said during a Thursday interview that the show is allowed in Pinedale.

Wood said the show is only relevant to the town’s code referring to an “adult cabaret.” Other areas could allow adult book stores, adult video stores, adult theaters and escorts.

Adult cabarets are defined as “a nightclub, restaurant, or similar commercial establishment which regularly features: A. Persons who appear seminude …”

Wood said the key word is “regularly.” Later in the code it defines “regularly” as an activity being a substantial portion of the business. Wood said the Stockman’s has had similar shows in the past. They are very infrequent.

“I don’t think the code applies to a sporadic activity,” Wood said. He added the reason he thinks businesses don’t have similar shows more frequently is he doesn’t think they make much money.

Wood said during the boom in the 1980s they had many exotic dance clubs in Sublette County, including ones in Opal and Kemmerer.

“You can’t ban them, but you can outline areas where they are allowed,” Wood said.

Pinedale’s rule limits sexually oriented businesses to not being within 1,000 feet of a church or school.

Areas in town limits allowing sexually oriented businesses are zoned I-1 and I-2, mostly west of Pinedale near the Bloomfield subdivision.

Councilman Matt Murdock, who was acting as chairman in Mayor Bob Jone’s absence, addressed the lodging tax issue. He said the town has asked state officials in the past about lodging taxes and the state will not confirm who in town pays. It was a question when the council addressed homeowners who use their homes part of the year as vacation rentals.

During the Dec. 11, 2017, meeting, council members were informed that EHospitality, LLC, which has the liquor license for Stockman’s Mountain Man Tavern, had not paid sales tax and was not registered as up to date with the Wyoming Secretary of State’s Office. A motion authorized Wood to send a letter regarding non-payment of its liquor sales tax and the ramifications continued non-compliance could have on its town liquor license.

At the Jan. 8 meeting, the council was told that Wood had called earlier in the day, and the taxes were showing as not paid. However, a representative for the company had brought proof of payment into Wood’s office. The council agreed to wait to take action.

During the Jan. 22 meeting, Wood reported the taxes had been paid. He added they had been paid much earlier, but the state waited for the check to clear before taking any actions.

As of Jan. 25, the Secretary of State’s office still shows EHospitality as “inactive.”

Wood said if the bar is violating a town ordinance and proof could be given to the Sheriff, enforcement action could be taken.

The town will begin advertising liquor licenses for renewal in February, before the council votes on any renewals. n