State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter2

CHAPTER 2 - WYOMING LIQUOR DIVISION

 

ARTICLE 1 - IN GENERAL

 

12-2-101. Repealed By Laws 1996, ch. 74, 3.

 

12-2-102. Repealed By Laws 1996, ch. 74, 3.

 

12-2-103. Repealed By Laws 1996, ch. 74, 3.

 

12-2-104. Repealed By Laws 1996, ch. 74, 3.

 

12-2-105. Repealed By Laws 1996, ch. 74, 3.

 

12-2-106. Wyoming liquor division; created; division administrator;duties.

 

(a) As part of the reorganization of Wyoming state government,the Wyoming liquor division is created within the department of revenue. Thedivision shall consist of the programs and functions specified under thistitle.

 

(b) The administrator of the division shall be appointed by thedirector of the department of revenue and shall in accordance with W.S.9-2-1706(c) and (d), serve at the pleasure of and may be removed at any time bythe director. Subject to the approval of the director, the administrator shalltake final agency action with respect to all matters before the divisionpursuant to this title.

 

(c) The division shall administer all programs formerlyadministered by the Wyoming liquor commission.

 

ARTICLE 2 - LICENSING AUTHORITY

 

12-2-201. Wholesale license for sale of malt beverages only; fee.

 

(a) A wholesale license authorizing the sale of malt beveragesonly may be granted by the commission to breweries, microbreweries and maltbeverage wholesalers resident within this state. Wholesale licensees have theexclusive right to sell malt beverages at wholesale. Any qualified persondesiring a wholesale license shall apply to the commission on forms to beprovided and pay a license fee of two hundred fifty dollars ($250.00) annuallyin advance.

 

(b) Each applicant shall submit to the commission a statementunder oath designating clearly the geographical territory within which theapplicant will sell and deliver malt beverages to qualified retail liquor andmalt beverage licensees or permittees only. The territory is to be thatdesignated by the brewer or brewer's authorized agent whose product theapplicant sells. The application shall state that malt beverages sold by theapplicant may be purchased by all retail liquor licensees or malt beveragepermittees, and that the applicant will maintain a warehouse and deliveryfacilities within the territory designated. This subsection does not apply to alicensed malt beverage wholesaler when there has been no territorialdesignation of a brand by a brewer or the brewer's authorized agent to anotherlicensed wholesaler. The commission may authorize a licensed wholesaler toannually purchase not more than one hundred fifteen (115) gallons of anyunassigned brand. A retail liquor licensee or malt beverage permittee shallpurchase all malt beverages for retail sale only from a Wyoming wholesale maltbeverage licensee.

 

(c) A malt beverage wholesaler may sell to or purchase fromanother malt beverage wholesaler only those products the purchasing wholesaleris licensed to sell within his designated territory. A copy of the invoice ofthe transaction shall be submitted to the Wyoming liquor commission by theseller. State excise tax shall be reported and paid by the licensed maltbeverage wholesaler who has imported the products into the state.

 

(d) The commission may grant the number of licenses it deemsappropriate and at points within the state as it may select.

 

(e) All Wyoming breweries and all malt beverage wholesalersshall be under the direct supervision of the commission and subject to all theprovisions of this title and the rules and regulations of the department.

 

(f) Nothing in this section limits the commission's exclusiveauthority to wholesale alcoholic liquors.

 

(g) Notwithstanding W.S. 12-2-203, the commission:

 

(i) May authorize the sale of products of a microbrewery foroff-premises sale through existing licensed wholesale malt beveragedistributors according to W.S. 12-2-201 and subject to W.S. 12-2-304, 12-3-101and 12-3-102; and

 

(ii) Shall assess to the microbrewery a fee not to exceed twohundred dollars ($200.00) for the off-premises sale of microbrewery products;

 

(iii) The commission shall not grant a license for a brewery anda microbrewery to the same producer.

 

12-2-202. Sales by railroads and chartered transportation services;limited transportation liquor license; fees; chartered transportation servicesdefined.

 

(a) The commission may authorize sales by railroads and by anycharter transportation service. Under the authority of a limited transportationliquor license, railroads and chartered transportation services may sellalcoholic liquor or malt beverages when moved into and through the state indining cars, club cars, observation cars and pullman cars attached to trains orin the passenger compartment of a chartered transportation vehicle. Uponapplication, the commission may issue a limited transportation liquor licensefor each scheduled train or chartered transportation vehicle upon whichalcoholic liquor or malt beverages are to be sold, subject to the followingterms and maximum fees:

 

(i) A license valid for one (1) twenty-four (24) hour period ata fee of not to exceed one hundred dollars ($100.00). Any applicant may beissued more than one (1) license under this paragraph during any one (1)calendar year;

 

(ii) A license valid for one (1) year at a fee not to exceed onethousand dollars ($1,000.00).

 

(b) It is unlawful to sell alcoholic liquor or malt beverageson railroad cars or chartered transportation vehicles without a limitedtransportation liquor license required by this section.

 

(c) As used in this section, "chartered transportationservice" means "contract motor carrier" as defined by W.S.31-18-101(a)(x)(A).

 

12-2-203. Manufacturing and rectifying; importing and industryrepresentatives; licensing; fees.

 

(a) The division shall grant a manufacturer's licenseauthorizing the manufacture or rectification of alcoholic liquor or maltbeverages or an importer's license authorizing the importation of alcoholicliquor to a qualified resident within this state who submits an application tothe division on forms provided by the division and pays an annual license feeof two hundred fifty dollars ($250.00) for each license. A person may beissued both a manufacturer's license and an importer's license.

 

(b) The Wyoming liquor division shall grant a class A industryrepresentative license for alcoholic liquor suppliers to a qualified individualdomiciled within this state who submits an application to the division on formsprovided by the division accompanied by an annual license fee of not to exceedseven hundred fifty dollars ($750.00). A class A industry representative shallhave a written statement from any vendor whose products the applicant proposesto represent. The class A industry representative shall be published in thedivision's price catalog with the products from any vendor represented by himand shall be authorized to request that the division list or delist productsfrom the vendor represented by him.

 

(c) The division shall grant a class B industry representativelicense for alcohol liquor suppliers to a qualified individual domiciled withinthis state who submits an application to the division on forms provided by thedivision accompanied by an annual license fee of not to exceed two hundredfifty dollars ($250.00). A class B industry representative shall be employedor managed by a class A industry representative. A class B industryrepresentative shall have a written statement from the class A industryrepresentative designating any vendor whose products he is authorized torepresent.

 

(d) The division shall grant a class C temporary special eventindustry representative license to any individual twenty-one (21) years of ageor older who submits an application on a form supplied by the division for afee of not to exceed fifty dollars ($50.00) per event.

 

(e) No class A industry representative shall be employed by alicensee as defined by W.S. 12-1-101(a)(viii).

 

12-2-204. Out-of-state shipment of manufactured wine; license; fees;restrictions; conditions.

 

(a) Notwithstanding any law, rule or regulation to thecontrary, any person currently licensed in its state of domicile as analcoholic liquor or malt beverage manufacturer, importer, wholesaler orretailer who obtains an out-of-state shipper's license, as provided in thissection, may ship no more than a total of eighteen (18) liters of manufacturedwine directly to any one (1) household in this state in any twelve (12) monthperiod.

 

(b) Notwithstanding any law, rule or regulation to thecontrary, any person currently licensed in its state of domicile as analcoholic liquor or malt beverage manufacturer, importer, wholesaler orretailer who obtains an out-of-state shipper's license, as provided in thissection, may ship to any Wyoming retail establishment which holds a liquorlicense in this state any manufactured wine which is not listed with the liquordivision as part of its inventory and distribution operation.

 

(c) Before sending any shipment to a household or to a licensedretailer in this state, the out-of-state shipper shall:

 

(i) File an application with the liquor division of thedepartment of revenue;

 

(ii) Pay a license fee of fifty dollars ($50.00) to the liquordivision;

 

(iii) Provide a true copy of its current alcoholic liquor or maltbeverage license issued in its state of domicile to the liquor division;

 

(iv) Provide such other information as may be required by theliquor division; and

 

(v) Obtain from the liquor division an out-of-state shipper'slicense, after the division conducts such investigation as it deems necessary.

 

(d) Any out-of-state shippers licensed pursuant to this sectionshall:

 

(i) Not ship more than a total of eighteen (18) liters ofmanufactured wine to any one (1) household in this state during any twelve (12)month period. In the event any out-of-state shipper ships more than ninety (90)liters of any particular manufactured wine to any combination of households orlicensed retailers in this state, the out-of-state shipper shall offer to sellthe manufactured wine to the liquor division at wholesale prices;

 

(ii) Ship manufactured wine only to an individual who is atleast twenty-one (21) years of age for such individual's personal use and notfor resale. No out-of-state shipper shall ship any malt beverage or spirituousliquor to any person in this state. No out-of-state shipper shall ship any maltbeverage or spirituous liquor to any retail establishment which holds a liquorlicense in this state;

 

(iii) Ensure that all shipping containers of manufactured wineshipped pursuant to this section are conspicuously labeled with the words:"CONTAINS ALCOHOLIC BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FORDELIVERY";

 

(iv) Ensure that all shipments into this state are made by aduly licensed carrier and further ensure that such carriers comply with therequirement to obtain an adult signature;

 

(v) Remit a tax of twelve percent (12%) of the retail price foreach shipment of manufactured wine to the liquor division. Each out-of-stateshipper shall file a monthly report with the liquor division and include a copyof the invoice for each shipment of manufactured wine and remit any tax due.The report shall be filed with the liquor division not later than the tenth ofthe month following the month in which the shipment was made. Any report filedlate with the liquor division shall be subject to a late filing fee oftwenty-five dollars ($25.00);

 

(vi) Maintain records for at least three (3) years as willpermit the liquor division to ascertain the truthfulness of the informationfiled and permit the division to perform an audit of the licensee's recordsupon reasonable request; and

 

(vii) Be deemed to have consented to the personal jurisdiction ofthe liquor division or any other state agency and the courts of this stateconcerning enforcement of this section and any related laws, rules orregulations.

 

(e) The out-of-state shipper shall annually renew its licensewith the liquor division by paying a renewal fee of fifty dollars ($50.00),providing a true copy of its current alcoholic liquor or malt beverage licenseissued in its state of domicile, and further providing other information as maybe required.

 

(f) Any person who makes, participates in, transports, importsor receives a shipment in violation of this section is guilty of a misdemeanor.Each shipment shall constitute a separate offense. Where the person holds anout-of-state shipper's license, license suspension or revocation may be inaddition to or in lieu of the foregoing penalties.

 

ARTICLE 3 - POWERS AND DUTIES

 

12-2-301. Generally.

 

(a) The commission is the exclusive wholesale distributor andseller of alcoholic liquor within Wyoming. It is granted the sole right to sellalcoholic liquors at wholesale, and no licensee or permittee who is granted theright to sell, distribute or receive alcoholic liquors at retail shall purchaseany alcoholic liquors from any source other than the commission, unlessotherwise expressly authorized by state law. Any out-of-state shipment ofalcoholic liquor or malt beverage into this state is prohibited unlessotherwise expressly authorized by state law.

 

(b) The department shall make rules and regulations as itconsiders necessary to carry out this title which shall not be inconsistentwith applicable laws and regulations of this state or of the United States.

 

(c) The director of the department shall direct inspections andother investigations as he considers necessary for the enforcement of the lawand the rules and regulations of the department.

 

(d) Repealed By Laws 1996, ch. 74, 3.

 

(e) RepealedBy Laws 2008, Ch. 44, 2.

 

12-2-302. Collection of excise taxes; disposition of revenue and fees.

 

(a) The commission shall collect all excise taxes provided bythis title relating to alcoholic and malt beverages for deposit into thegeneral fund.

 

(b) All other revenue and fees collected by the commissionshall be deposited into the state treasury to the credit of the enterprise fundexcept as otherwise provided by law. The legislature shall authorizeexpenditures as necessary to defray the administrative expenses of thecommission, including salaries, office expenses and general expenses for theenforcement of their duties and sufficient funds to defray the cost ofalcoholic liquor purchases and attendant expenses as provided by W.S.9-4-205(d).

 

12-2-303. Purchase and sale of alcoholic liquors; shortages.

 

(a) The Wyoming liquor division shall purchase and sellalcoholic liquors to qualified licensees within the state including, at thediscretion of the division, any retail distributors or permittees operatingwithin any military post or national park located within the boundaries of thestate of Wyoming. Except as provided in subsection (c) of this section, salesshall be made at prices sufficient to return the cost of merchandise and allexpenses of operation together with a profit, not to exceed seventeen andsix-tenths percent (17.6%) above the cost of the merchandise.

 

(b) In the case of a shortage in the supply of any alcoholicliquor, the commission may apportion its available supply among the licenseesin an equitable manner.

 

(c) The Wyoming liquor division may sell an alcoholic liquor ata price less than that provided in subsection (a) of this section if thealcoholic liquor has been designated by the division as overstocked or has beenremoved from the division's published listing of alcoholic liquors to be keptfor sale to licensees. For purposes of this section "overstocked"means the amount of the alcoholic liquor in the division's inventory is greaterthan would be sold in a twelve (12) month period.

 

12-2-304. Inspections and examinations; failure to permit entry.

 

(a) The commission, through its employees or agents, may enterand inspect at any time every place of business wherein malt or alcoholicbeverages are being sold, stored or kept by any licensee or permittee.

 

(b) The commission, through its employees or agents, mayexamine the records, books of account and stock of malt and alcoholic beveragesof retailers, wholesalers and licensees.

 

(c) If any licensee refuses to permit the entry of an agent ofthe commission to his place of business or storage place for the purpose ofinspection, his license may be revoked as provided by law. Entry for purposesof inspection is authorized only during open business hours unless it is in thepresence of the licensee or his duly authorized representative or unless theofficer making entry does so under court order or has reasonable grounds tobelieve that evidence of any violation of this title is within the place to beentered.

 

12-2-305. Sales to violators prohibited; hearing and review.

 

Wheneverany licensee is convicted of willfully violating any provision of this title,upon satisfactory proof of the conviction, the commission may, after notice andhearing, refuse to sell alcoholic beverages to the licensee. The administrativeproceeding shall be conducted as a contested case before a hearing examiner ofthe office of administrative hearings, who shall recommend a decision to thecommission. Judicial review, if any, shall be from the decision of thecommission and in accordance with the provisions of the Wyoming AdministrativeProcedure Act.

 

12-2-306. Sales to licensees failing to pay sales tax prohibited;hearing and review.

 

Uponcertification by the department of revenue that any licensee is sixty (60) ormore days delinquent in paying sales taxes, the liquor commission shall notsell alcoholic beverages to the licensee or its operator until the departmentof revenue certifies that the licensee has paid all sales taxes owed. Uponreceipt of certification, the commission shall notify the issuing licensingauthority of the delinquency. The licensee shall be allowed a hearing beforethe state board of equalization as provided by the Wyoming AdministrativeProcedure Act if the licensee feels aggrieved by any action taken under thissection.

 

ARTICLE 4 - ALCOHOL SERVER TRAINING PROGRAM

 

12-2-401. Definitions.

 

(a) As used in this article:

 

(i) "Department" means the department of revenue;

 

(ii) "Program" means an alcohol server trainingprogram and examination administered to servers by providers under theprovisions of this article;

 

(iii) "Provider" means an individual, independentcontractor, partnership, corporation, public or private school or any otherlegal entity certified by the department to provide an alcohol server trainingprogram authorized by this article;

 

(iv) "Server" means a person who physically serves ordelivers alcoholic liquor at retail on or off the premises of a businesslicensed by a local licensing authority under this title.

 

12-2-402. Powers and duties of the department.

 

(a) Not later than December 31, 2003, the department shallpromulgate rules establishing an alcohol server training program to trainservers to help promote safe and responsible consumption of alcoholic liquor.

 

(b) The rules shall provide for the certification of providerswho shall use curricula developed by the department. The department shallpromulgate rules governing the manner in which providers make available programcourses and examinations to servers.

 

(c) The department may suspend, revoke or not renew anycertification issued to a provider if, after notice and opportunity for ahearing, the department finds the provider has violated this article or anyrule promulgated under this article.

 

(d) The department may cooperate and enter into agreements withthe department of health to implement the purposes of this section. Theagreements may provide for the expenditure of funds appropriated to thedepartment of health which are not otherwise restricted.

 

ARTICLE 5 - BEER KEG REGISTRATION

 

12-2-501. Definition.

 

As used in this article "beerkeg" means any brewery sealed, single container that contains not lessthan seven (7) gallons of malt beverage.

 

12-2-502. Sale of beer kegs.

 

No licensee shall sell beer kegs unlessthat licensee affixes an identification label or tag to each beer keg. Anidentification label or tag provided by the commission shall consist of paper,plastic, metal or another durable material that is not easily damaged ordestroyed. Identification labels may contain a nonpermanent adhesive materialin order to apply the label directly to an outside surface of a beer keg at thetime of sale. Identification tags shall be attached to beer kegs at the timeof sale with nylon ties or cording, wire ties or other metal attachmentdevices, or another durable means of tying or attaching the tag to the beerkeg. The identification information contained on the label or tag shallinclude the licensee's name, address and telephone number, and a unique beerkeg number assigned by the licensee. A prominently visible warning thatintentional removal or alteration of the label or tag is a criminal offenseshall be placed on the tag. Upon return of a beer keg to the licensee thatsold the beer keg and attached the identification label or tag, the licenseeshall be responsible for the complete and thorough removal of the entireidentification label or tag, and any adhesive or attachment devices on thelabel or tag. The identification label or tag shall be kept on file with thelicensee for not less than ninety (90) days after the date of return.

 

12-2-503. Licensee to keep records.

 

(a) A licensee at the time of selling any beer keg shallrecord:

 

(i) The number on the purchaser's:

 

(A) Motor vehicle driver's license issued by any state,territory or possession of the United States, the District of Columbia, theCommonwealth of Puerto Rico or by an official governmental agency of Canada orMexico;

 

(B) Permanent resident card issued by the United Statescitizenship and immigration services;

 

(C) An identification card issued to a member of the armedforces;

 

(D) An internationally accepted passport document with adiscernible date of birth and photograph; or

 

(E) An identification card issued by the department oftransportation.

 

(ii) The date and time of the purchase;

 

(iii) The beer keg identification number; and

 

(iv) The purchaser's signature.

 

(b) The record shall be retained for not less than ninety (90)days after the date of the sale.

 

12-2-504. Access to records.

 

A licensee required to retain records underW.S. 12-2-502 or 12-2-503(b) shall make the records available during regularbusiness hours for inspection by a peace officer or the commission.

 

12-2-505. Violation.

 

(a) A person who is required to record information shall notknowingly make a materially false entry in the book or register required underW.S. 12-2-503. Any person who violates this subsection is guilty of amisdemeanor punishable by a fine of not more than five hundred dollars($500.00).

 

(b) Any person who removes or alters an identification tag orlabel affixed to a beer keg as required by W.S. 12-2-502, other than thelicensee acting in accordance with W.S. 12-2-502, is guilty of a misdemeanorpunishable by a fine of not more than five hundred dollars ($500.00).

 

State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter2

CHAPTER 2 - WYOMING LIQUOR DIVISION

 

ARTICLE 1 - IN GENERAL

 

12-2-101. Repealed By Laws 1996, ch. 74, 3.

 

12-2-102. Repealed By Laws 1996, ch. 74, 3.

 

12-2-103. Repealed By Laws 1996, ch. 74, 3.

 

12-2-104. Repealed By Laws 1996, ch. 74, 3.

 

12-2-105. Repealed By Laws 1996, ch. 74, 3.

 

12-2-106. Wyoming liquor division; created; division administrator;duties.

 

(a) As part of the reorganization of Wyoming state government,the Wyoming liquor division is created within the department of revenue. Thedivision shall consist of the programs and functions specified under thistitle.

 

(b) The administrator of the division shall be appointed by thedirector of the department of revenue and shall in accordance with W.S.9-2-1706(c) and (d), serve at the pleasure of and may be removed at any time bythe director. Subject to the approval of the director, the administrator shalltake final agency action with respect to all matters before the divisionpursuant to this title.

 

(c) The division shall administer all programs formerlyadministered by the Wyoming liquor commission.

 

ARTICLE 2 - LICENSING AUTHORITY

 

12-2-201. Wholesale license for sale of malt beverages only; fee.

 

(a) A wholesale license authorizing the sale of malt beveragesonly may be granted by the commission to breweries, microbreweries and maltbeverage wholesalers resident within this state. Wholesale licensees have theexclusive right to sell malt beverages at wholesale. Any qualified persondesiring a wholesale license shall apply to the commission on forms to beprovided and pay a license fee of two hundred fifty dollars ($250.00) annuallyin advance.

 

(b) Each applicant shall submit to the commission a statementunder oath designating clearly the geographical territory within which theapplicant will sell and deliver malt beverages to qualified retail liquor andmalt beverage licensees or permittees only. The territory is to be thatdesignated by the brewer or brewer's authorized agent whose product theapplicant sells. The application shall state that malt beverages sold by theapplicant may be purchased by all retail liquor licensees or malt beveragepermittees, and that the applicant will maintain a warehouse and deliveryfacilities within the territory designated. This subsection does not apply to alicensed malt beverage wholesaler when there has been no territorialdesignation of a brand by a brewer or the brewer's authorized agent to anotherlicensed wholesaler. The commission may authorize a licensed wholesaler toannually purchase not more than one hundred fifteen (115) gallons of anyunassigned brand. A retail liquor licensee or malt beverage permittee shallpurchase all malt beverages for retail sale only from a Wyoming wholesale maltbeverage licensee.

 

(c) A malt beverage wholesaler may sell to or purchase fromanother malt beverage wholesaler only those products the purchasing wholesaleris licensed to sell within his designated territory. A copy of the invoice ofthe transaction shall be submitted to the Wyoming liquor commission by theseller. State excise tax shall be reported and paid by the licensed maltbeverage wholesaler who has imported the products into the state.

 

(d) The commission may grant the number of licenses it deemsappropriate and at points within the state as it may select.

 

(e) All Wyoming breweries and all malt beverage wholesalersshall be under the direct supervision of the commission and subject to all theprovisions of this title and the rules and regulations of the department.

 

(f) Nothing in this section limits the commission's exclusiveauthority to wholesale alcoholic liquors.

 

(g) Notwithstanding W.S. 12-2-203, the commission:

 

(i) May authorize the sale of products of a microbrewery foroff-premises sale through existing licensed wholesale malt beveragedistributors according to W.S. 12-2-201 and subject to W.S. 12-2-304, 12-3-101and 12-3-102; and

 

(ii) Shall assess to the microbrewery a fee not to exceed twohundred dollars ($200.00) for the off-premises sale of microbrewery products;

 

(iii) The commission shall not grant a license for a brewery anda microbrewery to the same producer.

 

12-2-202. Sales by railroads and chartered transportation services;limited transportation liquor license; fees; chartered transportation servicesdefined.

 

(a) The commission may authorize sales by railroads and by anycharter transportation service. Under the authority of a limited transportationliquor license, railroads and chartered transportation services may sellalcoholic liquor or malt beverages when moved into and through the state indining cars, club cars, observation cars and pullman cars attached to trains orin the passenger compartment of a chartered transportation vehicle. Uponapplication, the commission may issue a limited transportation liquor licensefor each scheduled train or chartered transportation vehicle upon whichalcoholic liquor or malt beverages are to be sold, subject to the followingterms and maximum fees:

 

(i) A license valid for one (1) twenty-four (24) hour period ata fee of not to exceed one hundred dollars ($100.00). Any applicant may beissued more than one (1) license under this paragraph during any one (1)calendar year;

 

(ii) A license valid for one (1) year at a fee not to exceed onethousand dollars ($1,000.00).

 

(b) It is unlawful to sell alcoholic liquor or malt beverageson railroad cars or chartered transportation vehicles without a limitedtransportation liquor license required by this section.

 

(c) As used in this section, "chartered transportationservice" means "contract motor carrier" as defined by W.S.31-18-101(a)(x)(A).

 

12-2-203. Manufacturing and rectifying; importing and industryrepresentatives; licensing; fees.

 

(a) The division shall grant a manufacturer's licenseauthorizing the manufacture or rectification of alcoholic liquor or maltbeverages or an importer's license authorizing the importation of alcoholicliquor to a qualified resident within this state who submits an application tothe division on forms provided by the division and pays an annual license feeof two hundred fifty dollars ($250.00) for each license. A person may beissued both a manufacturer's license and an importer's license.

 

(b) The Wyoming liquor division shall grant a class A industryrepresentative license for alcoholic liquor suppliers to a qualified individualdomiciled within this state who submits an application to the division on formsprovided by the division accompanied by an annual license fee of not to exceedseven hundred fifty dollars ($750.00). A class A industry representative shallhave a written statement from any vendor whose products the applicant proposesto represent. The class A industry representative shall be published in thedivision's price catalog with the products from any vendor represented by himand shall be authorized to request that the division list or delist productsfrom the vendor represented by him.

 

(c) The division shall grant a class B industry representativelicense for alcohol liquor suppliers to a qualified individual domiciled withinthis state who submits an application to the division on forms provided by thedivision accompanied by an annual license fee of not to exceed two hundredfifty dollars ($250.00). A class B industry representative shall be employedor managed by a class A industry representative. A class B industryrepresentative shall have a written statement from the class A industryrepresentative designating any vendor whose products he is authorized torepresent.

 

(d) The division shall grant a class C temporary special eventindustry representative license to any individual twenty-one (21) years of ageor older who submits an application on a form supplied by the division for afee of not to exceed fifty dollars ($50.00) per event.

 

(e) No class A industry representative shall be employed by alicensee as defined by W.S. 12-1-101(a)(viii).

 

12-2-204. Out-of-state shipment of manufactured wine; license; fees;restrictions; conditions.

 

(a) Notwithstanding any law, rule or regulation to thecontrary, any person currently licensed in its state of domicile as analcoholic liquor or malt beverage manufacturer, importer, wholesaler orretailer who obtains an out-of-state shipper's license, as provided in thissection, may ship no more than a total of eighteen (18) liters of manufacturedwine directly to any one (1) household in this state in any twelve (12) monthperiod.

 

(b) Notwithstanding any law, rule or regulation to thecontrary, any person currently licensed in its state of domicile as analcoholic liquor or malt beverage manufacturer, importer, wholesaler orretailer who obtains an out-of-state shipper's license, as provided in thissection, may ship to any Wyoming retail establishment which holds a liquorlicense in this state any manufactured wine which is not listed with the liquordivision as part of its inventory and distribution operation.

 

(c) Before sending any shipment to a household or to a licensedretailer in this state, the out-of-state shipper shall:

 

(i) File an application with the liquor division of thedepartment of revenue;

 

(ii) Pay a license fee of fifty dollars ($50.00) to the liquordivision;

 

(iii) Provide a true copy of its current alcoholic liquor or maltbeverage license issued in its state of domicile to the liquor division;

 

(iv) Provide such other information as may be required by theliquor division; and

 

(v) Obtain from the liquor division an out-of-state shipper'slicense, after the division conducts such investigation as it deems necessary.

 

(d) Any out-of-state shippers licensed pursuant to this sectionshall:

 

(i) Not ship more than a total of eighteen (18) liters ofmanufactured wine to any one (1) household in this state during any twelve (12)month period. In the event any out-of-state shipper ships more than ninety (90)liters of any particular manufactured wine to any combination of households orlicensed retailers in this state, the out-of-state shipper shall offer to sellthe manufactured wine to the liquor division at wholesale prices;

 

(ii) Ship manufactured wine only to an individual who is atleast twenty-one (21) years of age for such individual's personal use and notfor resale. No out-of-state shipper shall ship any malt beverage or spirituousliquor to any person in this state. No out-of-state shipper shall ship any maltbeverage or spirituous liquor to any retail establishment which holds a liquorlicense in this state;

 

(iii) Ensure that all shipping containers of manufactured wineshipped pursuant to this section are conspicuously labeled with the words:"CONTAINS ALCOHOLIC BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FORDELIVERY";

 

(iv) Ensure that all shipments into this state are made by aduly licensed carrier and further ensure that such carriers comply with therequirement to obtain an adult signature;

 

(v) Remit a tax of twelve percent (12%) of the retail price foreach shipment of manufactured wine to the liquor division. Each out-of-stateshipper shall file a monthly report with the liquor division and include a copyof the invoice for each shipment of manufactured wine and remit any tax due.The report shall be filed with the liquor division not later than the tenth ofthe month following the month in which the shipment was made. Any report filedlate with the liquor division shall be subject to a late filing fee oftwenty-five dollars ($25.00);

 

(vi) Maintain records for at least three (3) years as willpermit the liquor division to ascertain the truthfulness of the informationfiled and permit the division to perform an audit of the licensee's recordsupon reasonable request; and

 

(vii) Be deemed to have consented to the personal jurisdiction ofthe liquor division or any other state agency and the courts of this stateconcerning enforcement of this section and any related laws, rules orregulations.

 

(e) The out-of-state shipper shall annually renew its licensewith the liquor division by paying a renewal fee of fifty dollars ($50.00),providing a true copy of its current alcoholic liquor or malt beverage licenseissued in its state of domicile, and further providing other information as maybe required.

 

(f) Any person who makes, participates in, transports, importsor receives a shipment in violation of this section is guilty of a misdemeanor.Each shipment shall constitute a separate offense. Where the person holds anout-of-state shipper's license, license suspension or revocation may be inaddition to or in lieu of the foregoing penalties.

 

ARTICLE 3 - POWERS AND DUTIES

 

12-2-301. Generally.

 

(a) The commission is the exclusive wholesale distributor andseller of alcoholic liquor within Wyoming. It is granted the sole right to sellalcoholic liquors at wholesale, and no licensee or permittee who is granted theright to sell, distribute or receive alcoholic liquors at retail shall purchaseany alcoholic liquors from any source other than the commission, unlessotherwise expressly authorized by state law. Any out-of-state shipment ofalcoholic liquor or malt beverage into this state is prohibited unlessotherwise expressly authorized by state law.

 

(b) The department shall make rules and regulations as itconsiders necessary to carry out this title which shall not be inconsistentwith applicable laws and regulations of this state or of the United States.

 

(c) The director of the department shall direct inspections andother investigations as he considers necessary for the enforcement of the lawand the rules and regulations of the department.

 

(d) Repealed By Laws 1996, ch. 74, 3.

 

(e) RepealedBy Laws 2008, Ch. 44, 2.

 

12-2-302. Collection of excise taxes; disposition of revenue and fees.

 

(a) The commission shall collect all excise taxes provided bythis title relating to alcoholic and malt beverages for deposit into thegeneral fund.

 

(b) All other revenue and fees collected by the commissionshall be deposited into the state treasury to the credit of the enterprise fundexcept as otherwise provided by law. The legislature shall authorizeexpenditures as necessary to defray the administrative expenses of thecommission, including salaries, office expenses and general expenses for theenforcement of their duties and sufficient funds to defray the cost ofalcoholic liquor purchases and attendant expenses as provided by W.S.9-4-205(d).

 

12-2-303. Purchase and sale of alcoholic liquors; shortages.

 

(a) The Wyoming liquor division shall purchase and sellalcoholic liquors to qualified licensees within the state including, at thediscretion of the division, any retail distributors or permittees operatingwithin any military post or national park located within the boundaries of thestate of Wyoming. Except as provided in subsection (c) of this section, salesshall be made at prices sufficient to return the cost of merchandise and allexpenses of operation together with a profit, not to exceed seventeen andsix-tenths percent (17.6%) above the cost of the merchandise.

 

(b) In the case of a shortage in the supply of any alcoholicliquor, the commission may apportion its available supply among the licenseesin an equitable manner.

 

(c) The Wyoming liquor division may sell an alcoholic liquor ata price less than that provided in subsection (a) of this section if thealcoholic liquor has been designated by the division as overstocked or has beenremoved from the division's published listing of alcoholic liquors to be keptfor sale to licensees. For purposes of this section "overstocked"means the amount of the alcoholic liquor in the division's inventory is greaterthan would be sold in a twelve (12) month period.

 

12-2-304. Inspections and examinations; failure to permit entry.

 

(a) The commission, through its employees or agents, may enterand inspect at any time every place of business wherein malt or alcoholicbeverages are being sold, stored or kept by any licensee or permittee.

 

(b) The commission, through its employees or agents, mayexamine the records, books of account and stock of malt and alcoholic beveragesof retailers, wholesalers and licensees.

 

(c) If any licensee refuses to permit the entry of an agent ofthe commission to his place of business or storage place for the purpose ofinspection, his license may be revoked as provided by law. Entry for purposesof inspection is authorized only during open business hours unless it is in thepresence of the licensee or his duly authorized representative or unless theofficer making entry does so under court order or has reasonable grounds tobelieve that evidence of any violation of this title is within the place to beentered.

 

12-2-305. Sales to violators prohibited; hearing and review.

 

Wheneverany licensee is convicted of willfully violating any provision of this title,upon satisfactory proof of the conviction, the commission may, after notice andhearing, refuse to sell alcoholic beverages to the licensee. The administrativeproceeding shall be conducted as a contested case before a hearing examiner ofthe office of administrative hearings, who shall recommend a decision to thecommission. Judicial review, if any, shall be from the decision of thecommission and in accordance with the provisions of the Wyoming AdministrativeProcedure Act.

 

12-2-306. Sales to licensees failing to pay sales tax prohibited;hearing and review.

 

Uponcertification by the department of revenue that any licensee is sixty (60) ormore days delinquent in paying sales taxes, the liquor commission shall notsell alcoholic beverages to the licensee or its operator until the departmentof revenue certifies that the licensee has paid all sales taxes owed. Uponreceipt of certification, the commission shall notify the issuing licensingauthority of the delinquency. The licensee shall be allowed a hearing beforethe state board of equalization as provided by the Wyoming AdministrativeProcedure Act if the licensee feels aggrieved by any action taken under thissection.

 

ARTICLE 4 - ALCOHOL SERVER TRAINING PROGRAM

 

12-2-401. Definitions.

 

(a) As used in this article:

 

(i) "Department" means the department of revenue;

 

(ii) "Program" means an alcohol server trainingprogram and examination administered to servers by providers under theprovisions of this article;

 

(iii) "Provider" means an individual, independentcontractor, partnership, corporation, public or private school or any otherlegal entity certified by the department to provide an alcohol server trainingprogram authorized by this article;

 

(iv) "Server" means a person who physically serves ordelivers alcoholic liquor at retail on or off the premises of a businesslicensed by a local licensing authority under this title.

 

12-2-402. Powers and duties of the department.

 

(a) Not later than December 31, 2003, the department shallpromulgate rules establishing an alcohol server training program to trainservers to help promote safe and responsible consumption of alcoholic liquor.

 

(b) The rules shall provide for the certification of providerswho shall use curricula developed by the department. The department shallpromulgate rules governing the manner in which providers make available programcourses and examinations to servers.

 

(c) The department may suspend, revoke or not renew anycertification issued to a provider if, after notice and opportunity for ahearing, the department finds the provider has violated this article or anyrule promulgated under this article.

 

(d) The department may cooperate and enter into agreements withthe department of health to implement the purposes of this section. Theagreements may provide for the expenditure of funds appropriated to thedepartment of health which are not otherwise restricted.

 

ARTICLE 5 - BEER KEG REGISTRATION

 

12-2-501. Definition.

 

As used in this article "beerkeg" means any brewery sealed, single container that contains not lessthan seven (7) gallons of malt beverage.

 

12-2-502. Sale of beer kegs.

 

No licensee shall sell beer kegs unlessthat licensee affixes an identification label or tag to each beer keg. Anidentification label or tag provided by the commission shall consist of paper,plastic, metal or another durable material that is not easily damaged ordestroyed. Identification labels may contain a nonpermanent adhesive materialin order to apply the label directly to an outside surface of a beer keg at thetime of sale. Identification tags shall be attached to beer kegs at the timeof sale with nylon ties or cording, wire ties or other metal attachmentdevices, or another durable means of tying or attaching the tag to the beerkeg. The identification information contained on the label or tag shallinclude the licensee's name, address and telephone number, and a unique beerkeg number assigned by the licensee. A prominently visible warning thatintentional removal or alteration of the label or tag is a criminal offenseshall be placed on the tag. Upon return of a beer keg to the licensee thatsold the beer keg and attached the identification label or tag, the licenseeshall be responsible for the complete and thorough removal of the entireidentification label or tag, and any adhesive or attachment devices on thelabel or tag. The identification label or tag shall be kept on file with thelicensee for not less than ninety (90) days after the date of return.

 

12-2-503. Licensee to keep records.

 

(a) A licensee at the time of selling any beer keg shallrecord:

 

(i) The number on the purchaser's:

 

(A) Motor vehicle driver's license issued by any state,territory or possession of the United States, the District of Columbia, theCommonwealth of Puerto Rico or by an official governmental agency of Canada orMexico;

 

(B) Permanent resident card issued by the United Statescitizenship and immigration services;

 

(C) An identification card issued to a member of the armedforces;

 

(D) An internationally accepted passport document with adiscernible date of birth and photograph; or

 

(E) An identification card issued by the department oftransportation.

 

(ii) The date and time of the purchase;

 

(iii) The beer keg identification number; and

 

(iv) The purchaser's signature.

 

(b) The record shall be retained for not less than ninety (90)days after the date of the sale.

 

12-2-504. Access to records.

 

A licensee required to retain records underW.S. 12-2-502 or 12-2-503(b) shall make the records available during regularbusiness hours for inspection by a peace officer or the commission.

 

12-2-505. Violation.

 

(a) A person who is required to record information shall notknowingly make a materially false entry in the book or register required underW.S. 12-2-503. Any person who violates this subsection is guilty of amisdemeanor punishable by a fine of not more than five hundred dollars($500.00).

 

(b) Any person who removes or alters an identification tag orlabel affixed to a beer keg as required by W.S. 12-2-502, other than thelicensee acting in accordance with W.S. 12-2-502, is guilty of a misdemeanorpunishable by a fine of not more than five hundred dollars ($500.00).

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter2

CHAPTER 2 - WYOMING LIQUOR DIVISION

 

ARTICLE 1 - IN GENERAL

 

12-2-101. Repealed By Laws 1996, ch. 74, 3.

 

12-2-102. Repealed By Laws 1996, ch. 74, 3.

 

12-2-103. Repealed By Laws 1996, ch. 74, 3.

 

12-2-104. Repealed By Laws 1996, ch. 74, 3.

 

12-2-105. Repealed By Laws 1996, ch. 74, 3.

 

12-2-106. Wyoming liquor division; created; division administrator;duties.

 

(a) As part of the reorganization of Wyoming state government,the Wyoming liquor division is created within the department of revenue. Thedivision shall consist of the programs and functions specified under thistitle.

 

(b) The administrator of the division shall be appointed by thedirector of the department of revenue and shall in accordance with W.S.9-2-1706(c) and (d), serve at the pleasure of and may be removed at any time bythe director. Subject to the approval of the director, the administrator shalltake final agency action with respect to all matters before the divisionpursuant to this title.

 

(c) The division shall administer all programs formerlyadministered by the Wyoming liquor commission.

 

ARTICLE 2 - LICENSING AUTHORITY

 

12-2-201. Wholesale license for sale of malt beverages only; fee.

 

(a) A wholesale license authorizing the sale of malt beveragesonly may be granted by the commission to breweries, microbreweries and maltbeverage wholesalers resident within this state. Wholesale licensees have theexclusive right to sell malt beverages at wholesale. Any qualified persondesiring a wholesale license shall apply to the commission on forms to beprovided and pay a license fee of two hundred fifty dollars ($250.00) annuallyin advance.

 

(b) Each applicant shall submit to the commission a statementunder oath designating clearly the geographical territory within which theapplicant will sell and deliver malt beverages to qualified retail liquor andmalt beverage licensees or permittees only. The territory is to be thatdesignated by the brewer or brewer's authorized agent whose product theapplicant sells. The application shall state that malt beverages sold by theapplicant may be purchased by all retail liquor licensees or malt beveragepermittees, and that the applicant will maintain a warehouse and deliveryfacilities within the territory designated. This subsection does not apply to alicensed malt beverage wholesaler when there has been no territorialdesignation of a brand by a brewer or the brewer's authorized agent to anotherlicensed wholesaler. The commission may authorize a licensed wholesaler toannually purchase not more than one hundred fifteen (115) gallons of anyunassigned brand. A retail liquor licensee or malt beverage permittee shallpurchase all malt beverages for retail sale only from a Wyoming wholesale maltbeverage licensee.

 

(c) A malt beverage wholesaler may sell to or purchase fromanother malt beverage wholesaler only those products the purchasing wholesaleris licensed to sell within his designated territory. A copy of the invoice ofthe transaction shall be submitted to the Wyoming liquor commission by theseller. State excise tax shall be reported and paid by the licensed maltbeverage wholesaler who has imported the products into the state.

 

(d) The commission may grant the number of licenses it deemsappropriate and at points within the state as it may select.

 

(e) All Wyoming breweries and all malt beverage wholesalersshall be under the direct supervision of the commission and subject to all theprovisions of this title and the rules and regulations of the department.

 

(f) Nothing in this section limits the commission's exclusiveauthority to wholesale alcoholic liquors.

 

(g) Notwithstanding W.S. 12-2-203, the commission:

 

(i) May authorize the sale of products of a microbrewery foroff-premises sale through existing licensed wholesale malt beveragedistributors according to W.S. 12-2-201 and subject to W.S. 12-2-304, 12-3-101and 12-3-102; and

 

(ii) Shall assess to the microbrewery a fee not to exceed twohundred dollars ($200.00) for the off-premises sale of microbrewery products;

 

(iii) The commission shall not grant a license for a brewery anda microbrewery to the same producer.

 

12-2-202. Sales by railroads and chartered transportation services;limited transportation liquor license; fees; chartered transportation servicesdefined.

 

(a) The commission may authorize sales by railroads and by anycharter transportation service. Under the authority of a limited transportationliquor license, railroads and chartered transportation services may sellalcoholic liquor or malt beverages when moved into and through the state indining cars, club cars, observation cars and pullman cars attached to trains orin the passenger compartment of a chartered transportation vehicle. Uponapplication, the commission may issue a limited transportation liquor licensefor each scheduled train or chartered transportation vehicle upon whichalcoholic liquor or malt beverages are to be sold, subject to the followingterms and maximum fees:

 

(i) A license valid for one (1) twenty-four (24) hour period ata fee of not to exceed one hundred dollars ($100.00). Any applicant may beissued more than one (1) license under this paragraph during any one (1)calendar year;

 

(ii) A license valid for one (1) year at a fee not to exceed onethousand dollars ($1,000.00).

 

(b) It is unlawful to sell alcoholic liquor or malt beverageson railroad cars or chartered transportation vehicles without a limitedtransportation liquor license required by this section.

 

(c) As used in this section, "chartered transportationservice" means "contract motor carrier" as defined by W.S.31-18-101(a)(x)(A).

 

12-2-203. Manufacturing and rectifying; importing and industryrepresentatives; licensing; fees.

 

(a) The division shall grant a manufacturer's licenseauthorizing the manufacture or rectification of alcoholic liquor or maltbeverages or an importer's license authorizing the importation of alcoholicliquor to a qualified resident within this state who submits an application tothe division on forms provided by the division and pays an annual license feeof two hundred fifty dollars ($250.00) for each license. A person may beissued both a manufacturer's license and an importer's license.

 

(b) The Wyoming liquor division shall grant a class A industryrepresentative license for alcoholic liquor suppliers to a qualified individualdomiciled within this state who submits an application to the division on formsprovided by the division accompanied by an annual license fee of not to exceedseven hundred fifty dollars ($750.00). A class A industry representative shallhave a written statement from any vendor whose products the applicant proposesto represent. The class A industry representative shall be published in thedivision's price catalog with the products from any vendor represented by himand shall be authorized to request that the division list or delist productsfrom the vendor represented by him.

 

(c) The division shall grant a class B industry representativelicense for alcohol liquor suppliers to a qualified individual domiciled withinthis state who submits an application to the division on forms provided by thedivision accompanied by an annual license fee of not to exceed two hundredfifty dollars ($250.00). A class B industry representative shall be employedor managed by a class A industry representative. A class B industryrepresentative shall have a written statement from the class A industryrepresentative designating any vendor whose products he is authorized torepresent.

 

(d) The division shall grant a class C temporary special eventindustry representative license to any individual twenty-one (21) years of ageor older who submits an application on a form supplied by the division for afee of not to exceed fifty dollars ($50.00) per event.

 

(e) No class A industry representative shall be employed by alicensee as defined by W.S. 12-1-101(a)(viii).

 

12-2-204. Out-of-state shipment of manufactured wine; license; fees;restrictions; conditions.

 

(a) Notwithstanding any law, rule or regulation to thecontrary, any person currently licensed in its state of domicile as analcoholic liquor or malt beverage manufacturer, importer, wholesaler orretailer who obtains an out-of-state shipper's license, as provided in thissection, may ship no more than a total of eighteen (18) liters of manufacturedwine directly to any one (1) household in this state in any twelve (12) monthperiod.

 

(b) Notwithstanding any law, rule or regulation to thecontrary, any person currently licensed in its state of domicile as analcoholic liquor or malt beverage manufacturer, importer, wholesaler orretailer who obtains an out-of-state shipper's license, as provided in thissection, may ship to any Wyoming retail establishment which holds a liquorlicense in this state any manufactured wine which is not listed with the liquordivision as part of its inventory and distribution operation.

 

(c) Before sending any shipment to a household or to a licensedretailer in this state, the out-of-state shipper shall:

 

(i) File an application with the liquor division of thedepartment of revenue;

 

(ii) Pay a license fee of fifty dollars ($50.00) to the liquordivision;

 

(iii) Provide a true copy of its current alcoholic liquor or maltbeverage license issued in its state of domicile to the liquor division;

 

(iv) Provide such other information as may be required by theliquor division; and

 

(v) Obtain from the liquor division an out-of-state shipper'slicense, after the division conducts such investigation as it deems necessary.

 

(d) Any out-of-state shippers licensed pursuant to this sectionshall:

 

(i) Not ship more than a total of eighteen (18) liters ofmanufactured wine to any one (1) household in this state during any twelve (12)month period. In the event any out-of-state shipper ships more than ninety (90)liters of any particular manufactured wine to any combination of households orlicensed retailers in this state, the out-of-state shipper shall offer to sellthe manufactured wine to the liquor division at wholesale prices;

 

(ii) Ship manufactured wine only to an individual who is atleast twenty-one (21) years of age for such individual's personal use and notfor resale. No out-of-state shipper shall ship any malt beverage or spirituousliquor to any person in this state. No out-of-state shipper shall ship any maltbeverage or spirituous liquor to any retail establishment which holds a liquorlicense in this state;

 

(iii) Ensure that all shipping containers of manufactured wineshipped pursuant to this section are conspicuously labeled with the words:"CONTAINS ALCOHOLIC BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FORDELIVERY";

 

(iv) Ensure that all shipments into this state are made by aduly licensed carrier and further ensure that such carriers comply with therequirement to obtain an adult signature;

 

(v) Remit a tax of twelve percent (12%) of the retail price foreach shipment of manufactured wine to the liquor division. Each out-of-stateshipper shall file a monthly report with the liquor division and include a copyof the invoice for each shipment of manufactured wine and remit any tax due.The report shall be filed with the liquor division not later than the tenth ofthe month following the month in which the shipment was made. Any report filedlate with the liquor division shall be subject to a late filing fee oftwenty-five dollars ($25.00);

 

(vi) Maintain records for at least three (3) years as willpermit the liquor division to ascertain the truthfulness of the informationfiled and permit the division to perform an audit of the licensee's recordsupon reasonable request; and

 

(vii) Be deemed to have consented to the personal jurisdiction ofthe liquor division or any other state agency and the courts of this stateconcerning enforcement of this section and any related laws, rules orregulations.

 

(e) The out-of-state shipper shall annually renew its licensewith the liquor division by paying a renewal fee of fifty dollars ($50.00),providing a true copy of its current alcoholic liquor or malt beverage licenseissued in its state of domicile, and further providing other information as maybe required.

 

(f) Any person who makes, participates in, transports, importsor receives a shipment in violation of this section is guilty of a misdemeanor.Each shipment shall constitute a separate offense. Where the person holds anout-of-state shipper's license, license suspension or revocation may be inaddition to or in lieu of the foregoing penalties.

 

ARTICLE 3 - POWERS AND DUTIES

 

12-2-301. Generally.

 

(a) The commission is the exclusive wholesale distributor andseller of alcoholic liquor within Wyoming. It is granted the sole right to sellalcoholic liquors at wholesale, and no licensee or permittee who is granted theright to sell, distribute or receive alcoholic liquors at retail shall purchaseany alcoholic liquors from any source other than the commission, unlessotherwise expressly authorized by state law. Any out-of-state shipment ofalcoholic liquor or malt beverage into this state is prohibited unlessotherwise expressly authorized by state law.

 

(b) The department shall make rules and regulations as itconsiders necessary to carry out this title which shall not be inconsistentwith applicable laws and regulations of this state or of the United States.

 

(c) The director of the department shall direct inspections andother investigations as he considers necessary for the enforcement of the lawand the rules and regulations of the department.

 

(d) Repealed By Laws 1996, ch. 74, 3.

 

(e) RepealedBy Laws 2008, Ch. 44, 2.

 

12-2-302. Collection of excise taxes; disposition of revenue and fees.

 

(a) The commission shall collect all excise taxes provided bythis title relating to alcoholic and malt beverages for deposit into thegeneral fund.

 

(b) All other revenue and fees collected by the commissionshall be deposited into the state treasury to the credit of the enterprise fundexcept as otherwise provided by law. The legislature shall authorizeexpenditures as necessary to defray the administrative expenses of thecommission, including salaries, office expenses and general expenses for theenforcement of their duties and sufficient funds to defray the cost ofalcoholic liquor purchases and attendant expenses as provided by W.S.9-4-205(d).

 

12-2-303. Purchase and sale of alcoholic liquors; shortages.

 

(a) The Wyoming liquor division shall purchase and sellalcoholic liquors to qualified licensees within the state including, at thediscretion of the division, any retail distributors or permittees operatingwithin any military post or national park located within the boundaries of thestate of Wyoming. Except as provided in subsection (c) of this section, salesshall be made at prices sufficient to return the cost of merchandise and allexpenses of operation together with a profit, not to exceed seventeen andsix-tenths percent (17.6%) above the cost of the merchandise.

 

(b) In the case of a shortage in the supply of any alcoholicliquor, the commission may apportion its available supply among the licenseesin an equitable manner.

 

(c) The Wyoming liquor division may sell an alcoholic liquor ata price less than that provided in subsection (a) of this section if thealcoholic liquor has been designated by the division as overstocked or has beenremoved from the division's published listing of alcoholic liquors to be keptfor sale to licensees. For purposes of this section "overstocked"means the amount of the alcoholic liquor in the division's inventory is greaterthan would be sold in a twelve (12) month period.

 

12-2-304. Inspections and examinations; failure to permit entry.

 

(a) The commission, through its employees or agents, may enterand inspect at any time every place of business wherein malt or alcoholicbeverages are being sold, stored or kept by any licensee or permittee.

 

(b) The commission, through its employees or agents, mayexamine the records, books of account and stock of malt and alcoholic beveragesof retailers, wholesalers and licensees.

 

(c) If any licensee refuses to permit the entry of an agent ofthe commission to his place of business or storage place for the purpose ofinspection, his license may be revoked as provided by law. Entry for purposesof inspection is authorized only during open business hours unless it is in thepresence of the licensee or his duly authorized representative or unless theofficer making entry does so under court order or has reasonable grounds tobelieve that evidence of any violation of this title is within the place to beentered.

 

12-2-305. Sales to violators prohibited; hearing and review.

 

Wheneverany licensee is convicted of willfully violating any provision of this title,upon satisfactory proof of the conviction, the commission may, after notice andhearing, refuse to sell alcoholic beverages to the licensee. The administrativeproceeding shall be conducted as a contested case before a hearing examiner ofthe office of administrative hearings, who shall recommend a decision to thecommission. Judicial review, if any, shall be from the decision of thecommission and in accordance with the provisions of the Wyoming AdministrativeProcedure Act.

 

12-2-306. Sales to licensees failing to pay sales tax prohibited;hearing and review.

 

Uponcertification by the department of revenue that any licensee is sixty (60) ormore days delinquent in paying sales taxes, the liquor commission shall notsell alcoholic beverages to the licensee or its operator until the departmentof revenue certifies that the licensee has paid all sales taxes owed. Uponreceipt of certification, the commission shall notify the issuing licensingauthority of the delinquency. The licensee shall be allowed a hearing beforethe state board of equalization as provided by the Wyoming AdministrativeProcedure Act if the licensee feels aggrieved by any action taken under thissection.

 

ARTICLE 4 - ALCOHOL SERVER TRAINING PROGRAM

 

12-2-401. Definitions.

 

(a) As used in this article:

 

(i) "Department" means the department of revenue;

 

(ii) "Program" means an alcohol server trainingprogram and examination administered to servers by providers under theprovisions of this article;

 

(iii) "Provider" means an individual, independentcontractor, partnership, corporation, public or private school or any otherlegal entity certified by the department to provide an alcohol server trainingprogram authorized by this article;

 

(iv) "Server" means a person who physically serves ordelivers alcoholic liquor at retail on or off the premises of a businesslicensed by a local licensing authority under this title.

 

12-2-402. Powers and duties of the department.

 

(a) Not later than December 31, 2003, the department shallpromulgate rules establishing an alcohol server training program to trainservers to help promote safe and responsible consumption of alcoholic liquor.

 

(b) The rules shall provide for the certification of providerswho shall use curricula developed by the department. The department shallpromulgate rules governing the manner in which providers make available programcourses and examinations to servers.

 

(c) The department may suspend, revoke or not renew anycertification issued to a provider if, after notice and opportunity for ahearing, the department finds the provider has violated this article or anyrule promulgated under this article.

 

(d) The department may cooperate and enter into agreements withthe department of health to implement the purposes of this section. Theagreements may provide for the expenditure of funds appropriated to thedepartment of health which are not otherwise restricted.

 

ARTICLE 5 - BEER KEG REGISTRATION

 

12-2-501. Definition.

 

As used in this article "beerkeg" means any brewery sealed, single container that contains not lessthan seven (7) gallons of malt beverage.

 

12-2-502. Sale of beer kegs.

 

No licensee shall sell beer kegs unlessthat licensee affixes an identification label or tag to each beer keg. Anidentification label or tag provided by the commission shall consist of paper,plastic, metal or another durable material that is not easily damaged ordestroyed. Identification labels may contain a nonpermanent adhesive materialin order to apply the label directly to an outside surface of a beer keg at thetime of sale. Identification tags shall be attached to beer kegs at the timeof sale with nylon ties or cording, wire ties or other metal attachmentdevices, or another durable means of tying or attaching the tag to the beerkeg. The identification information contained on the label or tag shallinclude the licensee's name, address and telephone number, and a unique beerkeg number assigned by the licensee. A prominently visible warning thatintentional removal or alteration of the label or tag is a criminal offenseshall be placed on the tag. Upon return of a beer keg to the licensee thatsold the beer keg and attached the identification label or tag, the licenseeshall be responsible for the complete and thorough removal of the entireidentification label or tag, and any adhesive or attachment devices on thelabel or tag. The identification label or tag shall be kept on file with thelicensee for not less than ninety (90) days after the date of return.

 

12-2-503. Licensee to keep records.

 

(a) A licensee at the time of selling any beer keg shallrecord:

 

(i) The number on the purchaser's:

 

(A) Motor vehicle driver's license issued by any state,territory or possession of the United States, the District of Columbia, theCommonwealth of Puerto Rico or by an official governmental agency of Canada orMexico;

 

(B) Permanent resident card issued by the United Statescitizenship and immigration services;

 

(C) An identification card issued to a member of the armedforces;

 

(D) An internationally accepted passport document with adiscernible date of birth and photograph; or

 

(E) An identification card issued by the department oftransportation.

 

(ii) The date and time of the purchase;

 

(iii) The beer keg identification number; and

 

(iv) The purchaser's signature.

 

(b) The record shall be retained for not less than ninety (90)days after the date of the sale.

 

12-2-504. Access to records.

 

A licensee required to retain records underW.S. 12-2-502 or 12-2-503(b) shall make the records available during regularbusiness hours for inspection by a peace officer or the commission.

 

12-2-505. Violation.

 

(a) A person who is required to record information shall notknowingly make a materially false entry in the book or register required underW.S. 12-2-503. Any person who violates this subsection is guilty of amisdemeanor punishable by a fine of not more than five hundred dollars($500.00).

 

(b) Any person who removes or alters an identification tag orlabel affixed to a beer keg as required by W.S. 12-2-502, other than thelicensee acting in accordance with W.S. 12-2-502, is guilty of a misdemeanorpunishable by a fine of not more than five hundred dollars ($500.00).

 

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