On November 9, 2017, City staff met with Legends Lounge owner, Joel Kurtenbach, regarding the upcoming annexation and how it would affect the liquor license that is issued to Absolute, LLC. During a portion of the discussion, Mr. Kurtenbach was informed that in order for his patrons to be served and consume alcohol and malt beverages in the "smoking hut" located outside on the east side of the building, he would need to fence an area and seek Council's approval to extended the serving area. On November 17, 2017, a letter was sent to Mr. Kurtenbach to reiterate the issues addressed at that meeting that included requirements of an extended serving area.

On November 30, 2017, Administrator Davidson corresponded with Mr. Kurtenbach via an email explaining that he had a meeting with Mr. Gilmour (Legends' contractor) to address the "temporary fence to enclose the smoking area", and reiterated again to Mr. Kurtenbach, that to expand the licensed building to include anything outside of the four walls is subject to Council's sole discretion.

On January 2, 2018, Council approved Legends' request to extend a serving area to include the "smoking hut". The area approved was a 16' X 22' area on the east side of the building. On January 25, 2018, a Temporary Fence Permit was issued to Denali Construction and within the permit it states that "Fence shall meet the requirements of approved liquor license. "Permanent" fencing proposed for future extension of serving area shall be reviewed and permitted at that time."

On April 4, 2018, Fence Permit, #7434, was issued to Denali Construction. The requirements state "Fence shall meet all planning and zoning requirements. Fence shall meet all requirements of the state for Liquor Licenses." The fence was erected, however, Mr. Kurtenbach did not submit a request for the approval of the newly fenced area to be used as an extended serving and consumption area. It seems that Mr. Kurtenbach has been allowing his patrons to consume, and his staff serve alcoholic and malt beverages outside of the approved 16' X 22' extended serving area. This is in direct violation of W.S. 12-5-201(a) that states "Alcoholic and malt beverages may be served only in the licensed building and in an immediately adjacent fenced or enclosed area as approved by the local licensing authority."

On September 14th, Legends submitted a request to extend their serving area to include the newly fenced area, as well as request a drive thru window. The only request that is ready to be considered is the current request for the 5,584 square foot "L" shaped area on the east side of the building. This has been explained to Audra Hyttinen, staff member of Legends. After receiving Legends request on September 14th, a follow-up letter was sent to Legends, along with a memo from the Planning Division, outlining City requirements needed prior to the installation of a drive thru.