State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter1

CHAPTER 1 - GENERAL PROVISIONS

 

12-1-101. Definitions.

 

(a) As used in this title:

 

(i) "Alcoholic liquor" means any spirituous orfermented fluid, substance or compound other than malt beverage intended forbeverage purposes which contains at least one-half of one percent (.5%) ofalcohol by volume. As used in this paragraph, "beverage" does notinclude liquid filled candies containing less than six and one-quarter percent(6.25%) of alcohol by volume;

 

(ii) "Building" means a roofed and walled structurebuilt or set in place for permanent use;

 

(iii) "Club" means any of the following organizations:

 

(A) A post, charter, camp or other local unit composed only ofveterans and its duly organized auxiliary, chartered by the Congress of theUnited States for patriotic, fraternal or benevolent purposes and, as theowner, lessee or occupant, operates an establishment for these purposes withinthe state;

 

(B) A chapter, lodge or other local unit of an Americannational fraternal organization and, as the owner, lessee or occupant, operatesan establishment for fraternal purposes within the state. As used in thissubparagraph, an American fraternal organization means an organization activelyoperating in not less than thirty-six (36) states or having been in activecontinuous existence for not less than twenty (20) years, but does not mean acollege fraternity;

 

(C) A hall or building association of a local unit specified insubparagraphs (A) and (B) of this paragraph, of which all of the capital stockis owned by the local unit or its members, operating clubroom facilities forthe local unit;

 

(D) A golf club having more than fifty (50) bona fide membersand owning, maintaining or operating a bona fide golf course together with aclubhouse;

 

(E) A social club with more than one hundred (100) bona fidemembers who are residents of the county in which it is located, owning,maintaining or operating club quarters, incorporated and operating solely as anonprofit corporation under the laws of this state and qualified as a taxexempt organization under the Internal Revenue Service Code and having beencontinuously operating for a period of not less than one (1) year. The clubshall have had during this one (1) year period a bona fide membership payingdues of at least twenty-five dollars ($25.00) per year as recorded by thesecretary of the club, quarterly meetings and an actively engaged membershipcarrying out the objects of the club. A social club shall, upon applying for alicense, file with the licensing authority and the commission, a true copy ofits bylaws and shall further, upon applying for a renewal of its license, filewith the licensing authority and the commission a detailed statement of itsactivities during the preceding year which were undertaken or furthered inpursuit of the objects of the club together with an itemized statement ofamounts expended for such activities. Club members, at the time of applicationfor a limited retail liquor license pursuant to W.S. 12-4-301, shall be in goodstanding by having paid at least one (1) full year in dues;

 

(F) Club does not mean college fraternities or labor unions;

 

(G) A political subdivision of this state owning, maintainingor operating a bona fide golf course together with a clubhouse.

 

(iv) "Commission" means the Wyoming liquor divisionwithin the department of revenue created under W.S. 12-2-106;

 

(v) Repealed by Laws 1985, ch. 92, 3;

 

(vi) "Industry representative" means and includes allwholesalers, manufacturers, rectifiers, distillers and breweries dealing inalcoholic liquor or malt beverage, and proscriptions upon their conduct shallinclude conduct by a subsidiary, affiliate, officer, director, employee, agent,broker or any firm member of such entity;

 

(vii) "Intoxicating liquor", "alcoholicliquor", "alcoholic beverage" and "spirituous liquor"are construed as synonymous in meaning and definition;

 

(viii) "Licensee" means a person holding a:

 

(A) Retail liquor license;

 

(B) Limited retail liquor license;

 

(C) Resort liquor license;

 

(D) County retail malt beverage permit;

 

(E) Malt beverage permit;

 

(F) Restaurant liquor license;

 

(G) Catering permit; or

 

(H) Bar and grill liquor license.

 

(ix) "Licensing authority" means the governing body ofan incorporated city, town or county in Wyoming with the responsibility toissue, control and administer a particular license, or the commission;

 

(x) "Malt beverage" means any fluid, substance orcompound intended for beverage purposes manufactured from malt, wholly or inpart, or from any substitute therefor, containing at least one-half of onepercent (.5%) of alcohol by volume;

 

(xi) "Original package" means any receptacle orcontainer used or labeled by the manufacturer of the substance, containing anyalcoholic liquors or malt beverages;

 

(xii) "Person" includes an individual person,partnership, corporation, limited liability company or any other association orentity, public or private;

 

(xiii) "Resident" means a domiciled resident and citizenof Wyoming for a period of not less than one (1) year who has not claimedresidency elsewhere for any purpose within a one (1) year period immediatelypreceding the date of application for any license or permit authorized underthis title;

 

(xiv) "Restaurant" means space in a buildingmaintained, advertised and held out to the public as a place where individuallypriced meals are prepared and served primarily for on-premise consumption andwhere the primary source of revenue from the operation is from the sale of foodand not from the sale of alcoholic or malt beverages. The building shall have adining room or rooms, a kitchen and the number and kinds of employees necessaryfor the preparing, cooking and serving of meals in order to satisfy thelicensing authority that the space is intended for use as a full service restaurant."Full service restaurant" means a restaurant at which waiters orwaitresses deliver food and drink offered from a printed food menu to patronsat tables or booths. The service of only fry orders or such food and victualsas sandwiches, hamburgers or salads shall not be deemed a restaurant for thepurposes of this section;

 

(xv) "Room" means an enclosed and partitioned spacewithin a building large enough for a person to enter but not a cabinet.Partitions may contain windows and doorways, but any partition shall extendfrom floor to ceiling;

 

(xvi) "Sell" or "sale" includes offering forsale, trafficking in, bartering, delivering or dispensing and pouring forvalue, exchanging for goods, services or patronage or an exchange in any wayother than purely gratuitously. Every delivery of any alcoholic liquor or maltbeverage made otherwise than by gift constitutes a sale;

 

(xvii) "Wholesaler" means any person except thecommission, who sells any alcoholic or malt beverage to a retailer for resale;

 

(xviii) "Brewery" means a commercial enterprise at asingle location producing malt beverage in quantities to exceed fifteenthousand (15,000) barrels per year;

 

(xix) "Microbrewery" means a commercial enterprise at asingle location producing malt beverage in quantities not to exceed fifteenthousand (15,000) barrels per year and no less than one hundred (100) barrelsper year;

 

(xx) "Winery" means a commercial enterprisemanufacturing wine at a single location in Wyoming;

 

(xxi) "Operational" means offering for sale to thegeneral public alcoholic liquor and malt beverages as authorized under alicense or permit issued under this title for not less than three (3)consecutive months during any calendar year;

 

(xxii) "Department" means the Wyoming department ofrevenue;

 

(xxiii) "Guest ranch" means a vacation resort offeringaccommodations for overnight stays and activities typical of western ranching;

 

(xxiv) "This title" means W.S. 12-1-101 through12-10-101;

 

(xxv) "Out-of-state shipper" means any licensee outsidethis state who accepts orders for manufactured wine placed from this state andwho ships, packages for shipment or facilitates in any way shipment of the wineby a third party or common carrier to any person, household or licensed retailerin this state.

 

12-1-102. Application of provisions.

 

(a) The general control and regulatory provisions of this titleapply to all licenses and permits authorized under this title, unless otherwiseprovided.

 

(b) Nothing in this title prohibits a liquor supplier operatingunder a governmental permit or tax license from selling his product to thecommission or delivering products at points not within the state of Wyomingafter licenses are secured as required by the commission.

 

State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter1

CHAPTER 1 - GENERAL PROVISIONS

 

12-1-101. Definitions.

 

(a) As used in this title:

 

(i) "Alcoholic liquor" means any spirituous orfermented fluid, substance or compound other than malt beverage intended forbeverage purposes which contains at least one-half of one percent (.5%) ofalcohol by volume. As used in this paragraph, "beverage" does notinclude liquid filled candies containing less than six and one-quarter percent(6.25%) of alcohol by volume;

 

(ii) "Building" means a roofed and walled structurebuilt or set in place for permanent use;

 

(iii) "Club" means any of the following organizations:

 

(A) A post, charter, camp or other local unit composed only ofveterans and its duly organized auxiliary, chartered by the Congress of theUnited States for patriotic, fraternal or benevolent purposes and, as theowner, lessee or occupant, operates an establishment for these purposes withinthe state;

 

(B) A chapter, lodge or other local unit of an Americannational fraternal organization and, as the owner, lessee or occupant, operatesan establishment for fraternal purposes within the state. As used in thissubparagraph, an American fraternal organization means an organization activelyoperating in not less than thirty-six (36) states or having been in activecontinuous existence for not less than twenty (20) years, but does not mean acollege fraternity;

 

(C) A hall or building association of a local unit specified insubparagraphs (A) and (B) of this paragraph, of which all of the capital stockis owned by the local unit or its members, operating clubroom facilities forthe local unit;

 

(D) A golf club having more than fifty (50) bona fide membersand owning, maintaining or operating a bona fide golf course together with aclubhouse;

 

(E) A social club with more than one hundred (100) bona fidemembers who are residents of the county in which it is located, owning,maintaining or operating club quarters, incorporated and operating solely as anonprofit corporation under the laws of this state and qualified as a taxexempt organization under the Internal Revenue Service Code and having beencontinuously operating for a period of not less than one (1) year. The clubshall have had during this one (1) year period a bona fide membership payingdues of at least twenty-five dollars ($25.00) per year as recorded by thesecretary of the club, quarterly meetings and an actively engaged membershipcarrying out the objects of the club. A social club shall, upon applying for alicense, file with the licensing authority and the commission, a true copy ofits bylaws and shall further, upon applying for a renewal of its license, filewith the licensing authority and the commission a detailed statement of itsactivities during the preceding year which were undertaken or furthered inpursuit of the objects of the club together with an itemized statement ofamounts expended for such activities. Club members, at the time of applicationfor a limited retail liquor license pursuant to W.S. 12-4-301, shall be in goodstanding by having paid at least one (1) full year in dues;

 

(F) Club does not mean college fraternities or labor unions;

 

(G) A political subdivision of this state owning, maintainingor operating a bona fide golf course together with a clubhouse.

 

(iv) "Commission" means the Wyoming liquor divisionwithin the department of revenue created under W.S. 12-2-106;

 

(v) Repealed by Laws 1985, ch. 92, 3;

 

(vi) "Industry representative" means and includes allwholesalers, manufacturers, rectifiers, distillers and breweries dealing inalcoholic liquor or malt beverage, and proscriptions upon their conduct shallinclude conduct by a subsidiary, affiliate, officer, director, employee, agent,broker or any firm member of such entity;

 

(vii) "Intoxicating liquor", "alcoholicliquor", "alcoholic beverage" and "spirituous liquor"are construed as synonymous in meaning and definition;

 

(viii) "Licensee" means a person holding a:

 

(A) Retail liquor license;

 

(B) Limited retail liquor license;

 

(C) Resort liquor license;

 

(D) County retail malt beverage permit;

 

(E) Malt beverage permit;

 

(F) Restaurant liquor license;

 

(G) Catering permit; or

 

(H) Bar and grill liquor license.

 

(ix) "Licensing authority" means the governing body ofan incorporated city, town or county in Wyoming with the responsibility toissue, control and administer a particular license, or the commission;

 

(x) "Malt beverage" means any fluid, substance orcompound intended for beverage purposes manufactured from malt, wholly or inpart, or from any substitute therefor, containing at least one-half of onepercent (.5%) of alcohol by volume;

 

(xi) "Original package" means any receptacle orcontainer used or labeled by the manufacturer of the substance, containing anyalcoholic liquors or malt beverages;

 

(xii) "Person" includes an individual person,partnership, corporation, limited liability company or any other association orentity, public or private;

 

(xiii) "Resident" means a domiciled resident and citizenof Wyoming for a period of not less than one (1) year who has not claimedresidency elsewhere for any purpose within a one (1) year period immediatelypreceding the date of application for any license or permit authorized underthis title;

 

(xiv) "Restaurant" means space in a buildingmaintained, advertised and held out to the public as a place where individuallypriced meals are prepared and served primarily for on-premise consumption andwhere the primary source of revenue from the operation is from the sale of foodand not from the sale of alcoholic or malt beverages. The building shall have adining room or rooms, a kitchen and the number and kinds of employees necessaryfor the preparing, cooking and serving of meals in order to satisfy thelicensing authority that the space is intended for use as a full service restaurant."Full service restaurant" means a restaurant at which waiters orwaitresses deliver food and drink offered from a printed food menu to patronsat tables or booths. The service of only fry orders or such food and victualsas sandwiches, hamburgers or salads shall not be deemed a restaurant for thepurposes of this section;

 

(xv) "Room" means an enclosed and partitioned spacewithin a building large enough for a person to enter but not a cabinet.Partitions may contain windows and doorways, but any partition shall extendfrom floor to ceiling;

 

(xvi) "Sell" or "sale" includes offering forsale, trafficking in, bartering, delivering or dispensing and pouring forvalue, exchanging for goods, services or patronage or an exchange in any wayother than purely gratuitously. Every delivery of any alcoholic liquor or maltbeverage made otherwise than by gift constitutes a sale;

 

(xvii) "Wholesaler" means any person except thecommission, who sells any alcoholic or malt beverage to a retailer for resale;

 

(xviii) "Brewery" means a commercial enterprise at asingle location producing malt beverage in quantities to exceed fifteenthousand (15,000) barrels per year;

 

(xix) "Microbrewery" means a commercial enterprise at asingle location producing malt beverage in quantities not to exceed fifteenthousand (15,000) barrels per year and no less than one hundred (100) barrelsper year;

 

(xx) "Winery" means a commercial enterprisemanufacturing wine at a single location in Wyoming;

 

(xxi) "Operational" means offering for sale to thegeneral public alcoholic liquor and malt beverages as authorized under alicense or permit issued under this title for not less than three (3)consecutive months during any calendar year;

 

(xxii) "Department" means the Wyoming department ofrevenue;

 

(xxiii) "Guest ranch" means a vacation resort offeringaccommodations for overnight stays and activities typical of western ranching;

 

(xxiv) "This title" means W.S. 12-1-101 through12-10-101;

 

(xxv) "Out-of-state shipper" means any licensee outsidethis state who accepts orders for manufactured wine placed from this state andwho ships, packages for shipment or facilitates in any way shipment of the wineby a third party or common carrier to any person, household or licensed retailerin this state.

 

12-1-102. Application of provisions.

 

(a) The general control and regulatory provisions of this titleapply to all licenses and permits authorized under this title, unless otherwiseprovided.

 

(b) Nothing in this title prohibits a liquor supplier operatingunder a governmental permit or tax license from selling his product to thecommission or delivering products at points not within the state of Wyomingafter licenses are secured as required by the commission.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter1

CHAPTER 1 - GENERAL PROVISIONS

 

12-1-101. Definitions.

 

(a) As used in this title:

 

(i) "Alcoholic liquor" means any spirituous orfermented fluid, substance or compound other than malt beverage intended forbeverage purposes which contains at least one-half of one percent (.5%) ofalcohol by volume. As used in this paragraph, "beverage" does notinclude liquid filled candies containing less than six and one-quarter percent(6.25%) of alcohol by volume;

 

(ii) "Building" means a roofed and walled structurebuilt or set in place for permanent use;

 

(iii) "Club" means any of the following organizations:

 

(A) A post, charter, camp or other local unit composed only ofveterans and its duly organized auxiliary, chartered by the Congress of theUnited States for patriotic, fraternal or benevolent purposes and, as theowner, lessee or occupant, operates an establishment for these purposes withinthe state;

 

(B) A chapter, lodge or other local unit of an Americannational fraternal organization and, as the owner, lessee or occupant, operatesan establishment for fraternal purposes within the state. As used in thissubparagraph, an American fraternal organization means an organization activelyoperating in not less than thirty-six (36) states or having been in activecontinuous existence for not less than twenty (20) years, but does not mean acollege fraternity;

 

(C) A hall or building association of a local unit specified insubparagraphs (A) and (B) of this paragraph, of which all of the capital stockis owned by the local unit or its members, operating clubroom facilities forthe local unit;

 

(D) A golf club having more than fifty (50) bona fide membersand owning, maintaining or operating a bona fide golf course together with aclubhouse;

 

(E) A social club with more than one hundred (100) bona fidemembers who are residents of the county in which it is located, owning,maintaining or operating club quarters, incorporated and operating solely as anonprofit corporation under the laws of this state and qualified as a taxexempt organization under the Internal Revenue Service Code and having beencontinuously operating for a period of not less than one (1) year. The clubshall have had during this one (1) year period a bona fide membership payingdues of at least twenty-five dollars ($25.00) per year as recorded by thesecretary of the club, quarterly meetings and an actively engaged membershipcarrying out the objects of the club. A social club shall, upon applying for alicense, file with the licensing authority and the commission, a true copy ofits bylaws and shall further, upon applying for a renewal of its license, filewith the licensing authority and the commission a detailed statement of itsactivities during the preceding year which were undertaken or furthered inpursuit of the objects of the club together with an itemized statement ofamounts expended for such activities. Club members, at the time of applicationfor a limited retail liquor license pursuant to W.S. 12-4-301, shall be in goodstanding by having paid at least one (1) full year in dues;

 

(F) Club does not mean college fraternities or labor unions;

 

(G) A political subdivision of this state owning, maintainingor operating a bona fide golf course together with a clubhouse.

 

(iv) "Commission" means the Wyoming liquor divisionwithin the department of revenue created under W.S. 12-2-106;

 

(v) Repealed by Laws 1985, ch. 92, 3;

 

(vi) "Industry representative" means and includes allwholesalers, manufacturers, rectifiers, distillers and breweries dealing inalcoholic liquor or malt beverage, and proscriptions upon their conduct shallinclude conduct by a subsidiary, affiliate, officer, director, employee, agent,broker or any firm member of such entity;

 

(vii) "Intoxicating liquor", "alcoholicliquor", "alcoholic beverage" and "spirituous liquor"are construed as synonymous in meaning and definition;

 

(viii) "Licensee" means a person holding a:

 

(A) Retail liquor license;

 

(B) Limited retail liquor license;

 

(C) Resort liquor license;

 

(D) County retail malt beverage permit;

 

(E) Malt beverage permit;

 

(F) Restaurant liquor license;

 

(G) Catering permit; or

 

(H) Bar and grill liquor license.

 

(ix) "Licensing authority" means the governing body ofan incorporated city, town or county in Wyoming with the responsibility toissue, control and administer a particular license, or the commission;

 

(x) "Malt beverage" means any fluid, substance orcompound intended for beverage purposes manufactured from malt, wholly or inpart, or from any substitute therefor, containing at least one-half of onepercent (.5%) of alcohol by volume;

 

(xi) "Original package" means any receptacle orcontainer used or labeled by the manufacturer of the substance, containing anyalcoholic liquors or malt beverages;

 

(xii) "Person" includes an individual person,partnership, corporation, limited liability company or any other association orentity, public or private;

 

(xiii) "Resident" means a domiciled resident and citizenof Wyoming for a period of not less than one (1) year who has not claimedresidency elsewhere for any purpose within a one (1) year period immediatelypreceding the date of application for any license or permit authorized underthis title;

 

(xiv) "Restaurant" means space in a buildingmaintained, advertised and held out to the public as a place where individuallypriced meals are prepared and served primarily for on-premise consumption andwhere the primary source of revenue from the operation is from the sale of foodand not from the sale of alcoholic or malt beverages. The building shall have adining room or rooms, a kitchen and the number and kinds of employees necessaryfor the preparing, cooking and serving of meals in order to satisfy thelicensing authority that the space is intended for use as a full service restaurant."Full service restaurant" means a restaurant at which waiters orwaitresses deliver food and drink offered from a printed food menu to patronsat tables or booths. The service of only fry orders or such food and victualsas sandwiches, hamburgers or salads shall not be deemed a restaurant for thepurposes of this section;

 

(xv) "Room" means an enclosed and partitioned spacewithin a building large enough for a person to enter but not a cabinet.Partitions may contain windows and doorways, but any partition shall extendfrom floor to ceiling;

 

(xvi) "Sell" or "sale" includes offering forsale, trafficking in, bartering, delivering or dispensing and pouring forvalue, exchanging for goods, services or patronage or an exchange in any wayother than purely gratuitously. Every delivery of any alcoholic liquor or maltbeverage made otherwise than by gift constitutes a sale;

 

(xvii) "Wholesaler" means any person except thecommission, who sells any alcoholic or malt beverage to a retailer for resale;

 

(xviii) "Brewery" means a commercial enterprise at asingle location producing malt beverage in quantities to exceed fifteenthousand (15,000) barrels per year;

 

(xix) "Microbrewery" means a commercial enterprise at asingle location producing malt beverage in quantities not to exceed fifteenthousand (15,000) barrels per year and no less than one hundred (100) barrelsper year;

 

(xx) "Winery" means a commercial enterprisemanufacturing wine at a single location in Wyoming;

 

(xxi) "Operational" means offering for sale to thegeneral public alcoholic liquor and malt beverages as authorized under alicense or permit issued under this title for not less than three (3)consecutive months during any calendar year;

 

(xxii) "Department" means the Wyoming department ofrevenue;

 

(xxiii) "Guest ranch" means a vacation resort offeringaccommodations for overnight stays and activities typical of western ranching;

 

(xxiv) "This title" means W.S. 12-1-101 through12-10-101;

 

(xxv) "Out-of-state shipper" means any licensee outsidethis state who accepts orders for manufactured wine placed from this state andwho ships, packages for shipment or facilitates in any way shipment of the wineby a third party or common carrier to any person, household or licensed retailerin this state.

 

12-1-102. Application of provisions.

 

(a) The general control and regulatory provisions of this titleapply to all licenses and permits authorized under this title, unless otherwiseprovided.

 

(b) Nothing in this title prohibits a liquor supplier operatingunder a governmental permit or tax license from selling his product to thecommission or delivering products at points not within the state of Wyomingafter licenses are secured as required by the commission.

 

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