State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter4

CHAPTER 4 - LOCAL LICENSES

 

ARTICLE 1 - APPLICATIONS

 

12-4-101. Authority of cities, towns and counties; population figures;number of available licenses and permits; assessment and payment of fees.

 

(a) Incorporated cities, towns and counties within Wyomingshall license and regulate or prohibit the retail sale of alcoholic and maltbeverages under this title. Nothing in this title prohibits a licensingauthority of an incorporated city, town or county from issuing less than thetotal number of allowable retail liquor licenses pursuant to W.S. 12-4-201,less than the allowable bar and grill liquor licenses pursuant to W.S. 12-4-413or from refusing to issue any license or permit authorized by this title.

 

(b) Population figures are based upon the official ten (10)year federal census preceding the time of application. Population figures basedupon the official census shall be periodically revised by a state populationestimate no later than five (5) years after the federal census publicationdate.

 

(c) Population figures and estimates required by subsection (b)of this section shall be furnished to the appropriate licensing authoritieswithin the state by the department of administration and information usingpopulation estimates from the United States bureau of the census. The maximumnumber of licenses and permits available for issuance by a licensing authoritypursuant to the population formula provided by W.S. 12-4-201 and 12-4-413,shall be certified and distributed by the commission.

 

(d) Unless otherwise provided, the licensing authority shalluniformly assess license or permit fees annually for each particular class oflicense or permit. Applicants for a license or permit shall pay the requiredfee in cash or by certified check upon receipt of the license or permit.

 

12-4-102. Application for licenses and permits; contents; signatureand verification.

 

(a) Any person desiring a license or permit authorized by thistitle shall apply to the appropriate licensing authority. The application shallbe made under oath upon a form to be prepared by the attorney general andfurnished to the licensing authority. The application shall be filed in theoffice of the clerk of the appropriate licensing authority and shall containthe following provisions:

 

(i) The location and a description of the room in which theapplicant will sell under the license if the building is in existence at thetime of application. If the building is not in existence, the location and anarchitect's drawing or suitable plans of the room and premises to be licensed;

 

(ii) The age and residence of the applicant, and of eachapplicant or partner if the application is made by more than one (1) individualor by a partnership;

 

(iii) A disclosure of any criminal record of the applicant or anypartner equal to a felony conviction under Wyoming law and of any convictionfor a violation of Wyoming law relating to the sale or manufacture of alcoholicliquor or malt beverages within ten (10) years prior to the filing of theapplication; and

 

(iv) If the applicant is a corporation:

 

(A) The name, age and residence of each officer, director andstockholder holding, either jointly or severally, ten percent (10%) or more ofthe outstanding and issued capital stock of the corporation; and

 

(B) Whether any officer, director or stockholder with tenpercent (10%) or more ownership has been convicted of a violation of law asprovided in paragraph (iii) of this subsection.

 

(v) If the applicant is a limited liability company:

 

(A) The name, age and residence of each officer, manager andmember holding, either jointly or severally, ten percent (10%) or more of theoutstanding ownership of the limited liability company; and

 

(B) If any officer, manager or member with ten percent (10%) ormore ownership has been convicted of a violation of law as provided underparagraph (a)(iii) of this subsection.

 

(vi) A statement indicating the financial condition andfinancial stability of a new applicant;

 

(vii) The site and the zoning of the site where the applicantwill sell under the license;

 

(viii) If application is for a retail license renewal, theapplicant shall provide documentation to the local licensing authority thatminimum purchase requirements specified in W.S. 12-4-103(c) have been met.

 

(b) No person or partner shall have any interest, directly orindirectly, in a license or permit unless he signs and verifies the applicationfor the license or permit. No corporation shall be granted a license or permitunless two (2) or more of the officers or directors sign and verify theapplication on behalf of the corporation and also verify upon their oath asindividuals that the statements and provisions contained therein are true,except that if all the stock of the corporation is owned by one (1) individualthen that individual may sign and verify the application and verify upon hisoath that the statements and provisions contained therein are true. No limitedliability company shall be granted a license or permit unless at least one (1)of the officers, managers, or if there are no officers or managers, at leastone (1) of the members who is duly authorized to act on behalf of the limitedliability company signs and verifies the application on behalf of the companyand also verifies upon his oath that the statements and provisions containedtherein are true.

 

(c) Corporate and limited liability company licensees andpermittees shall advise the licensing authority within thirty (30) days inwriting of any change in the information in the application required byparagraphs (a)(iv) or (v) of this section. The licensing authority shallprovide the commission a copy of a notification of change.

 

12-4-103. Restrictions upon license or permit applicants and holders;license limitation per person.

 

(a) A license or permit authorized by this title shall not beheld by, issued or transferred to:

 

(i) Any mayor, member of a city or town council or countycommissioner within their respective jurisdiction;

 

(ii) Any person employed by the state or a city, town or countyas a law enforcement officer or who holds office as a law enforcement officerthrough election;

 

(iii) Any person who does not own the building in which the salesroom is located or hold a written lease for the period for which the licensewill be effective containing an agreement by the lessor that alcoholic or maltbeverages may be sold upon the leased premises, except as provided by paragraph(iv) of this subsection;

 

(iv) Any licensee who fails to demonstrate that his licensedalcoholic or malt beverage enterprise will be operational in a planned but notphysically functional building within two (2) years after a license or permithas been issued or transferred, or if holding a license, fails to open hisbusiness in a functional building within two (2) years after license issuanceor transfer. Upon a showing of good cause by the licensee and for anadditional period of not to exceed one (1) year, the local licensing authoritymay extend the time period in which the business or enterprise of the licenseeis required to become operational or open for business pursuant to thisparagraph. Any license or permit in violation of this paragraph shall not berenewed by the local licensing authority;

 

(v) Repealed By Laws 1996, ch. 122, 3.

 

(vi) A manufacturer of alcoholic beverages or wholesaler of maltbeverages;

 

(vii) A person under eighteen (18) years of age;

 

(viii) A college fraternity or organization created by one (1) ormore college fraternities;

 

(ix) A chamber of commerce, except for twenty-four (24) hourmalt beverage permits issued pursuant to W.S. 12-4-502;

 

(x) A corporation, limited liability company, limitedpartnership, or limited liability partnership which has not qualified to dobusiness in Wyoming;

 

(xi) An individual who is not a resident; or

 

(xii) Any general partnership or group of two (2) or more personsunless each person interested, directly or indirectly, is a resident orqualified to do business in this state.

 

(b) Except as provided in W.S. 12-4-301(e), no licensingauthority shall issue more than one (1) license or permit to any one (1)person.

 

(c) Except as provided in subsection (d) of this section, alicense or permit authorized by this title shall not be renewed if the licenseeor permittee did not, during the previous one (1) year term of the license orpermit, purchase at least five hundred dollars ($500.00) of alcoholic or maltbeverages or a combination thereof from the commission or any authorized maltbeverage wholesaler. A retail liquor license shall not be renewed if thelicensee did not, during the previous one (1) year term of the license,purchase at least two thousand dollars ($2,000.00) of alcoholic or malt beveragesor a combination thereof from the commission or any authorized malt beveragewholesaler.

 

(d) Subsection (c) of this section shall not apply to:

 

(i) Any licensee or permittee having a planned but notphysically functional building pursuant to paragraph (a)(iv) of this section;

 

(ii) Holders of special permits issued under article 5 of thischapter;

 

(iii) Holders of a limited transportation liquor license underW.S. 12-2-202.

 

12-4-104. Publication of notice; grant or denial; renewal preference;copy of application and notice to commission; judicial review.

 

(a) When an application for a license, permit, renewal or anytransfer of location or ownership thereof has been filed with a licensingauthority, the clerk shall promptly prepare a notice of application, place thenotice conspicuously upon the premises shown by the application as the proposedplace of sale and publish the notice in a newspaper of local circulation once aweek for four (4) consecutive weeks. The notice shall state that a named applicanthas applied for a license, permit, renewal or transfer thereof, and thatprotests against the issuance, renewal or transfer of the license or permitwill be heard at a designated meeting of the licensing authority. Eachapplicant shall, at the time of filing his application, pay the clerk an amountsufficient to cover the costs of publishing notice. Notices may besubstantially in the following form:

 

NOTICE OF APPLICATION FOR A ....

 

Notice is hereby giventhat on the .... day of .... (year) (name of applicant) filed an applicationfor a .... license (permit), in the office of the clerk of the city (or town orcounty) of .... for the following described place (and room) (insertdescription) and protests, if any there be, against the issuance (transfer orrenewal) of the license (permit) will be heard at the hour of ....M., on the.... day of .... (year), in the (meeting place of the governing body).

 

Dated.... Signed ....

 

(b) Any license or permit authorized under this title shall notbe issued, renewed or transferred until on or after the date set in the noticefor hearing protests. If a renewal or transfer hearing, the hearing shall beheld no later than thirty (30) days preceding the expiration date of thelicense or permit. A license or permit shall not be issued, renewed ortransferred if the licensing authority finds from evidence presented at thehearing:

 

(i) The welfare of the people residing in the vicinity of theproposed license or permit premises shall be adversely and seriously affected;

 

(ii) The purpose of this title shall not be carried out by theissuance, renewal or transfer of the license or permit;

 

(iii) The number, type and location of existing licenses orpermits meet the needs of the vicinity under consideration;

 

(iv) The desires of the residents of the county, city or townwill not be met or satisfied by the issuance, renewal or transfer of thelicense or permit; or

 

(v) Any other reasonable restrictions or standards which may beimposed by the licensing authority shall not be carried out by the issuance,renewal or transfer of the license or permit.

 

(c) The owner and holder of an expired liquor license or permitor one due for expiration has a preference right to a new license for the samelocation. After the required notice and a public hearing, each applicationclaiming renewal preference shall be promptly considered and acted upon by thelicensing authority.

 

(d) When any application is filed with a licensing authority,the licensing authority shall immediately forward a copy of the application tothe commission. No licensing authority shall approve or deny an applicationuntil the commission has certified the application is complete pursuant to thissubsection. All applications shall be deemed to be certified unless objectionis made by the commission within ten (10) working days after receipt of theapplication. Upon approval or denial of an application, the licensing authorityshall promptly notify the commission.

 

(e) An applicant for a renewal license or permit may appeal tothe district court from an adverse decision by the licensing authority. Noapplicant for a new license shall have a right of appeal from the decision ofthe licensing authority denying an application.

 

(f) Upon an appeal the person applying for a license andclaiming renewal preference shall be named as plaintiff, with the licensingauthority named as defendant. During the pendency of an appeal, a renewallicense denied by a licensing authority shall not be granted to any otherapplicant. Upon notice of appeal the clerk shall transmit to the clerk of thedistrict court a certified copy of the application, of each protest if any, andof the minutes recording the decision appealed from. The appeal shall be heardas a trial de novo with evidence taken and other proceedings had as in thetrial of civil actions. The court may accept and consider as part of the recordcertified documents forwarded to the court by the clerk of the licensingauthority. The case shall be heard promptly and the procedure shall conform tothe Wyoming Rules of Civil Procedure unless other procedures are provided foror required.

 

12-4-105. Disposition of license fees; refunds prohibited.

 

Allfees for licenses and permits issued by a licensing authority paid under thistitle shall be deposited into the treasury of the licensing authority. Norefund of all or any part of a license fee shall be made at any time followingissuance.

 

12-4-106. Term of license and permit; exception.

 

(a) A license or permit is considered a personal privilege tothe holder and the term of the license or permit is for one (1) year unlesssooner revoked. When a valid license or permit is determined to be part of theestate of a deceased holder, the administrator or executor of the estate mayexercise the privilege of the deceased under the license or permit until theexpiration of the license or permit.

 

(b) The term of a license or permit may be less than one (1)year if specified by the licensing authority to coincide with the annual dateor dates set by the authority for consideration of license and permit issuance,renewals and transfers. A licensing authority issuing a license or permit for aterm less than one (1) year shall pro-rate the annual fee accordingly. Any licenseenot attempting to renew a newly issued pro-rated license or permit valid forone (1) year shall not be eligible for any license or permit authorized underthis title for a period of two (2) years after the expiration date of thepro-rated license or permit.

 

ARTICLE 2 - RETAIL LICENSES AND PERMITS

 

12-4-201. Retail liquor licenses and malt beverage permits; populationformulas; fees.

 

(a) A retail liquor license is the authority under which alicensee is permitted to sell alcoholic liquor or malt beverages for use orconsumption but not for resale.

 

(b) A malt beverage permit is the authority under which thelicensee is permitted to sell malt beverages only.

 

(c) Repealed by Laws 1979, ch. 156, 4.

 

(d) The number of retail liquor licenses issued shall be basedon the following population formula:

 

(i) Not more than two (2) licenses in incorporated towns offive hundred (500) population or less;

 

(ii) Not more than one (1) additional license for eachadditional five hundred (500) population or major fraction thereof inincorporated cities or towns up to a population of nine thousand five hundred(9,500); and

 

(iii) Not more than one (1) additional license for eachadditional full three thousand (3,000) population over nine thousand five hundred(9,500).

 

(e) The license fee to be assessed for a retail liquor licenseshall be not less than three hundred dollars ($300.00) nor more than onethousand five hundred dollars ($1,500.00) payable annually in advance.

 

(f) Retail liquor licenses and malt beverage permits may begranted by the county commissioners as the appropriate licensing authority in acounty outside of incorporated cities and towns as follows:

 

(i) One (1) retail liquor license issued for each five hundred(500) population residing outside cities and towns; but

 

(ii) No more than three (3) retail liquor licenses issued forlocations within five (5) miles of the corporate limits of a city or town; and

 

(iii) Malt beverage permits may be issued for county locationsbeyond a five (5) mile zone around incorporated cities and towns without regardto population.

 

(g) The license fee for county retail liquor licenses withinfive (5) miles of a city or town shall not be less than the comparable feecharged by the adjacent town and all license fees and taxes shall be assessedas provided by law.

 

(h) The license fee assessed by a county for malt beveragepermits shall be not less than one hundred dollars ($100.00) nor more than onethousand five hundred dollars ($1,500.00).

 

12-4-202. Licenses or permits issued prior to April 1, 1961;replacements.

 

Retailliquor licenses or other permits issued prior to April 1, 1961 are not subjectto nonrenewal due to the application of population formulas or municipalboundary requirements provided by W.S. 12-4-201. If a license or permit is notrenewed for any other reason it shall not be reissued until circumstances arein conformance with the requirements of W.S. 12-4-201.

 

12-4-203. Repealed by Laws 1985, ch. 92, 3.

 

ARTICLE 3 - SPECIAL CLUB LICENSES

 

12-4-301. Sales by clubs; license fees; petition; licenserestrictions.

 

(a) Bona fide clubs as defined by W.S. 12-1-101(a)(iii) may belicensed by the appropriate licensing authority under a limited retail liquorlicense for which the licensee shall pay a license fee of not less than onehundred dollars ($100.00) nor more than one thousand five hundred dollars($1,500.00) annually in advance.

 

(b) At least fifty-one percent (51%) of the membership of asocial club as defined by W.S. 12-1-101(a)(iii)(E) shall sign a petitionindicating a desire to secure a limited retail liquor license. The form of thepetition shall be prescribed by the commission and shall include the residenceaddress of each member signing the petition.

 

(c) Except as otherwise provided by W.S. 12-5-201(g), a clubholding a limited retail license shall not sell alcoholic or malt beverages forconsumption anywhere except within the licensed premises and for consumption byits members and their accompanied guests only. It shall be the duty andobligation of the club to check and regulate sales to members and theiraccompanied guests to insure that all alcoholic or malt beverages sold areconsumed within the building, space or premises.

 

(d) Repealed by Laws 1985, ch. 92, 3.

 

(e) Notwithstanding W.S. 12-4-103(b), a political subdivisionof the state may hold no more than two (2) club limited retail liquor licensesfor golf courses owned, maintained or operated by that political subdivision inaddition to any other license held by that political subdivision.

 

12-4-302. Repealed By Laws 2001, Ch. 103, 2.

 

12-4-303. Repealed By Laws 2001, Ch. 103, 2.

 

ARTICLE 4 - RESORT AND RESTAURANT LIQUOR LICENSES

 

12-4-401. Resort retail liquor licenses; authorized; qualifications;provision for licenses issued prior to January 1, 1980.

 

(a) The appropriate licensing authority in a county, city ortown may issue resort retail liquor licenses to applicants who are owners orlessees of a resort complex meeting the qualifications of subsection (b) ofthis section.

 

(b) To qualify for a resort retail liquor license, theappropriate licensing authority shall require the resort complex to:

 

(i) Have an actual valuation of, or the applicant shall havecommitted or expended on the complex, not less than one million dollars($1,000,000.00), excluding the value of the land;

 

(ii) Include a restaurant and a convention facility, whichconvention facility shall seat no less than one hundred (100) persons; and

 

(iii) Include motel or hotel accommodations with a minimum of onehundred (100) sleeping rooms.

 

(c) Nothing contained within this section shall have any effecton resort liquor licenses issued prior to January 1, 1980, or to the right orrenewal of a resort liquor license.

 

12-4-402. Repealed by Laws 1979, ch. 156, 3.

 

12-4-403. Population formula not applicable; transfer.

 

(a) The provisions authorizing resort liquor licenses have noapplication to the population formula limiting retail liquor licenses asprovided by W.S. 12-4-201.

 

(b) No resort liquor license may be transferred to anotherlocation. License ownership may be transferred to a purchaser or licensee ofthe licensed premises with the approval of the licensing authority.

 

12-4-404. Sale of beverages for off-premises consumption prohibited.

 

Resortliquor licensees shall not sell alcoholic or malt beverages for consumption offthe premises owned or leased by the licensee, except pursuant to a cateringpermit. The dispensing of alcoholic or malt beverages licensed to be soldhereunder shall be controlled by W.S. 12-5-201 and if a catering permit hasbeen issued by W.S. 12-4-502(b).

 

12-4-405. Annual fee.

 

Theannual fee for a resort liquor license shall be not less than five hundreddollars ($500.00) nor more than three thousand dollars ($3,000.00).

 

12-4-406. Repealed by Laws 1979, ch. 156, 3.

 

12-4-407. Restaurant liquor license; authorized.

 

(a) Restaurants as defined by W.S. 12-1-101(a)(xiv) may belicensed by the appropriate licensing authority in counties, cities and townsunder a restaurant liquor license. In addition to the application requirementsrequired by this title, the license applicant shall submit a valid food servicepermit upon application. When the total dollar amount of wholesale purchasesfrom the liquor commission of liquor in a county is greater than fifty (50)times the county population, then population formulas have no application toissuance of restaurant liquor licenses within the county.

 

(b) Repealed by Laws 1985, ch. 92, 3.

 

(c) After the maximum number of appropriate licenses has beencertified by the commission, the number of restaurant liquor licenses issuedshall not exceed fifty percent (50%) of the number of retail liquor licensesallowable under W.S. 12-4-201(d), or two (2), whichever is greater.

 

(d) Any person presently holding a limited retail liquorlicense and otherwise qualified for a restaurant liquor license under W.S.12-1-101(a)(xiv) and 12-4-407 through 12-4-411 may be issued a restaurantliquor license by the appropriate licensing authority. Licenses issued underthis subsection shall not be considered in the number of licenses authorizedunder subsection (c) of this section.

 

12-4-408. Revenues of licensee to be derived primarily from foodservices and not the sale of alcoholic beverages; annual report.

 

(a) An applicant for a restaurant liquor license shall satisfythe appropriate licensing authority that the primary source of revenue from theoperation of the restaurant to be licensed will be derived from food servicesand not from the sale of alcoholic or malt beverages.

 

(b) When renewing a restaurant liquor license, the appropriatelicensing authority shall condition renewal upon a requirement that not lessthan sixty percent (60%) of gross sales from the preceding twelve (12) monthsoperation of a licensed restaurant be derived from food services.

 

(c) Upon application for license renewal, a license holdershall submit an annual report to the licensing authority on the sales of thelicensed restaurant. The report shall contain the annual gross sales figures ofthe restaurant and shall separate the gross sales figures into two (2)categories:

 

(i) Food service sales; and

 

(ii) Alcoholic and malt beverage sales.

 

12-4-409. Transfer of licenses.

 

Norestaurant liquor license shall be transferred to another location. Licenseownership may be transferred to a purchaser or lessee of the licensed premiseswith the approval of the appropriate licensing authority.

 

12-4-410. Sale of alcoholic beverages for off-premises consumptionprohibited; location, regulation and restrictions on dispensing of liquor;prohibiting certain activities.

 

(a) Except as provided in subsection (e) of this section,restaurant liquor licensees shall not sell alcoholic or malt beverages forconsumption off the premises owned or leased by the licensee. Except asprovided in subsections (b) and (e) of this section, alcoholic or maltbeverages shall be served for on-premises consumption only in dining areaswhich are adequately staffed and equipped for all food services offered by therestaurant.

 

(b) Alcoholic and malt beverages shall be dispensed andprepared for consumption in one (1) room upon the licensed premises separatedfrom the dining area in which alcoholic and malt beverages may be served and inthe case of a golf course upon which a restaurant liquor license is operationalor in the case of a guest ranch upon which a retail or restaurant liquorlicense is operational, at dispensing areas on the premises of the golf courseor guest ranch as permitted by the licensing authority. No consumption ofalcoholic or malt beverages shall be permitted within the dispensing room, norshall any person other than employees over eighteen (18) years of age bepermitted to enter the dispensing room. If a restaurant has a dispensing roomseparate from the dining area which is licensed prior to February 1, 1979 forpurposes of alcoholic or malt beverage sales and consumption, the restaurantmay dispense alcoholic or malt beverages in the separate dispensing room undera restaurant liquor license, and any person over eighteen (18) years of age ispermitted to enter the separate dispensing room.

 

(c) All sales of alcoholic and malt beverages authorized by arestaurant liquor license shall cease at the time food sales and services ceaseor at the hours specified by W.S. 12-5-101(a) if food sales and services extendbeyond the hours specified therein.

 

(d) No restaurant liquor licensee shall promote the restaurantas a bar and lounge nor shall the licensee compete with a retail liquorlicensee in activities other than dinner functions, including, but not limitedto, dances, receptions and other social gatherings. Nothing in this subsectionshall require a restaurant liquor licensee to reconstruct or remodel licensedpremises existing on or before June 8, 1989.

 

(e) A restaurant liquor licensee may permit a patron to removeone (1) unsealed bottle of wine for off-premises consumption provided that thepatron has purchased a full course meal and consumed a portion of the bottle ofwine with the meal on the restaurant premises. For purposes of thissubsection the term "full course meal" shall mean a diversifiedselection of food which is ordinarily consumed with the use of tableware andcannot conveniently be consumed while standing or walking. A partiallyconsumed bottle of wine that is to be removed from the premises pursuant tothis subsection shall be securely sealed by the licensee or an agent of thelicensee and placed in a tamper-proof transparent bag which shall also besecurely sealed prior to removal from the premises, so that it is visiblyapparent that the resealed bottle of wine has not been tampered with. Thelicensee or agent of the licensee shall provide a dated receipt for the bottleof wine to the patron. Wine which is resealed in accordance with theprovisions of this subsection shall not be deemed an open container forpurposes of W.S. 31-5-235.

 

12-4-411. License fee.

 

Theannual fee for a restaurant liquor license shall be no more than three thousanddollars ($3,000.00) and no less than five hundred dollars ($500.00). Thelicense fee for a county restaurant liquor license within five (5) miles of acity or town shall not be less than the restaurant liquor license fee chargedby that city or town.

 

12-4-412. Microbrewery and winery permits; authorized; conditions;dual permits and licenses; satellite winery permits; direct shipment of wine;fees.

 

(a) Subject to restrictions imposed under W.S. 12-4-103excluding W.S. 12-4-103(a)(vi), a local licensing authority may issue:

 

(i) A microbrewery permit authorizing a permit holder to brew amalt beverage and dispense the brewed malt beverage for on-premises and limitedoff-premises personal consumption;

 

(ii) A winery permit authorizing a permit holder to manufacturewine and dispense the manufactured wine for on-premises and limitedoff-premises personal consumption.

 

(b) The local licensing authority:

 

(i) May allow the sale of other malt beverages under a microbrewerypermit for on-premises consumption when obtained through licensed wholesalemalt beverage distributors;

 

(ii) May allow the sale of other wines under a winery permit foron-premises consumption when obtained from the commission;

 

(iii) May approve the dual holding of a microbrewery permit orwinery permit and one (1) of the following:

 

(A) A retail liquor license as provided in W.S. 12-4-101through 12-4-202;

 

(B) Subject to subsection (c) of this section, a restaurantlicense as provided in W.S. 12-4-411;

 

(C) A resort license as provided in W.S. 12-4-401 through12-4-405;

 

(D) A microbrewery permit as provided under paragraph (a)(i) ofthis section;

 

(E) A winery permit as provided under paragraph (a)(ii) of thissection; or

 

(F) Subject to subsection (e) of this section, a bar and grillliquor license as provided in W.S. 12-4-413.

 

(iv) May allow the microbrewery to sell on site its brewedproduct for off-premises personal consumption, not for retail sale, inpackaging of bottles, cans or packs of an aggregate volume not to exceed twothousand (2,000) ounces per sale;

 

(v) May allow the winery to sell its manufactured wine on sitefor off-premises personal consumption, not for retail sale, in packaging ofbottles of an aggregate volume not to exceed two thousand twenty-eight (2,028)ounces per sale;

 

(vi) Shall limit the number of microbreweries or the number ofwineries to no more than those allowed in W.S. 12-4-201(d) for each permit;

 

(vii) May allow the transfer of a microbrewery or winery permitto another location and ownership of the microbrewery or winery may betransferred upon approval by the local licensing authority; and

 

(viii) Shall assess a fee of not less than three hundred dollars($300.00) nor more than five hundred dollars ($500.00) payable annually inadvance for each microbrewery or winery permit. When dual ownership of amicrobrewery or winery permit and a liquor license exists no additional feeshall be assessed other than the retail, restaurant or resort license fee.

 

(c) W.S. 12-4-410 shall apply to any person holding amicrobrewery or winery permit and a restaurant liquor license pursuant tosubparagraph (b)(iii)(B) of this section, except the dual holder:

 

(i) May provide a separate dining area in which the brewed maltbeverage or manufactured wine may be dispensed which shall be separate from anydining area in which persons age eighteen (18) or under are permitted toenter. The dining room in which the malt beverages or wines are dispensedshall not be considered the dispensing room for purposes of the restaurantliquor license;

 

(ii) May sell the brewed malt beverage or manufactured wine forlimited off-premises personal consumption pursuant to paragraphs (b)(iv) and(v) of this section;

 

(iii) May upon cessation of full service restaurant operations,serve a limited menu and continue to serve malt beverages authorized under themicrobrewery permit or wines authorized under the winery permit; and

 

(iv) Shall not include sales of malt beverages or wines authorizedunder the microbrewery or winery permit, or sales other than food service andalcoholic beverages in the annual gross sales report required under W.S.12-4-408(c).

 

(d) In addition to subsection (b) of this section, the locallicensing authority may issue to the holder of a winery permit under thissection a satellite winery permit which allows the permittee to sell itsmanufactured wine at up to three (3) satellite locations within Wyomingseparate from its licensed manufacturing site under the original permit fee.The satellite winery permit may be issued on application to the appropriatelicensing authority. The local licensing authority may require a public hearingand the payment of an additional permit fee not to exceed one hundred dollars($100.00) regardless of the number of satellite locations. The satellite winerypermit shall be subject to the terms and conditions of W.S. 12-4-106, theschedule of operating hours provided in W.S. 12-5-101 and the dispensing roomprovisions of W.S. 12-5-201.

 

(e) The provisions of W.S. 12-4-413 shall apply to any personholding a microbrewery or winery permit and a bar and grill liquor licensepursuant to subparagraph (b)(iii)(F) of this section, except the dual holder:

 

(i) May sell the brewed malt beverage or manufactured wine forlimited off-premise personal consumption pursuant to paragraphs (b)(iv) and (v)of this section;

 

(ii) May upon cessation of full service restaurant operationsserve a limited menu and continue to serve malt beverages authorized under themicrobrewery permit or wines authorized under the winery permit; and

 

(iii) Shall not include sales of malt beverages or winesauthorized under the malt beverage or winery permit, or sales other than foodservice and alcoholic beverages, in the annual gross sales report requiredunder W.S. 12-4-408(c).

 

(f) Notwithstanding paragraph (b)(v) of this section and W.S.12-5-201, any person holding a winery permit as provided by this section, maysell and ship no more than a total of eighteen (18) liters of its manufacturedwine directly to any one (1) household in this state in any twelve (12) monthperiod.

 

(g) Notwithstanding paragraph (b)(v) of this section and W.S.12-5-201, any person holding a winery permit as provided by this section, maysell and ship its manufactured wine which is not listed with the liquordivision as part of its inventory and distribution operation to any Wyomingretail establishment which holds a liquor license in this state.

 

(h) Any licensed winery holding a winery permit pursuant tothis section shall:

 

(i) Not ship more than a total of eighteen (18) liters of itsmanufactured wine to any one (1) household in this state during any twelve (12)month period;

 

(ii) Offer to sell its manufactured wine to the liquor divisionat wholesale prices if the winery ships more than ninety (90) liters total ofany of its manufactured wine to any combination of households or licensedretailers in this state;

 

(iii) Ship its manufactured wine only to individuals who are atleast twenty-one (21) years of age for such individual's personal use and notfor resale;

 

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

 

(v) Ensure that all of its shipments within this state are madeby a duly licensed carrier and further ensure that such carriers comply withthe requirement to obtain an adult signature;

 

(vi) File a monthly report of wines shipped out of state on aform provided by the liquor division and include a copy of the invoice for eachshipment of their own manufactured wine subject to the following:

 

(A) The report shall be filed with the liquor division notlater than the tenth of the month following the month in which the shipment wasmade;

 

(B) Any report filed late with the liquor division shall besubject to a late filing fee of twenty-five dollars ($25.00).

 

(vii) Maintain records for at least three (3) years that 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.

 

12-4-413. Bar and grill liquor license; authorized; requirements.

 

(a) Restaurants as defined by W.S. 12-1-101(a)(xiv) may belicensed by the appropriate licensing authority in counties, cities and townsunder a bar and grill liquor license. In addition to the applicationrequirements required by this title, the license applicant shall submit a validfood service permit upon application.

 

(b) The number of bar and grill liquor licenses for cities andtowns shall be based on the following population formula:

 

(i) Not more than one (1) license in incorporated cities ortowns of seven thousand five hundred (7,500) or less;

 

(ii) Not more than two (2) licenses for population inincorporated cities between seven thousand five hundred one (7,501) and fifteenthousand (15,000); and

 

(iii) Not more than three (3) for population in incorporatedcities between fifteen thousand one (15,001) and twenty-seven thousand fivehundred (27,500); and

 

(iv) Not more than one (1) additional license for eachadditional twelve thousand five hundred (12,500) population in incorporatedcities over twenty-seven thousand five hundred (27,500).

 

(c) Bar and grill liquor licenses may be granted by the countycommissioners as the appropriate licensing authority in a county outside ofincorporated cities and towns as follows:

 

(i) One (1) license for each seven thousand five hundred(7,500) population residing outside incorporated cities and towns.

 

(d) The license fee assessed for a bar and grill liquor licenseshall be not less than one thousand five hundred dollars ($1,500.00) nor morethan ten thousand five hundred dollars ($10,500.00).

 

(e) A bar and grill liquor license shall not be sold,transferred or assigned by the holder.

 

(f) Bar and grill liquor licenses shall be subject to theprovisions of W.S. 12-4-408 and 12-4-410(c) to the same extent those provisionsare applicable to restaurant liquor licenses. Bar and grill liquor licenseesshall not sell alcoholic or malt beverages for consumption off the premisesowned or leased by the licensee except as allowed under W.S. 12-4-410(e).

 

ARTICLE 5 - SPECIAL PERMITS

 

12-4-501. Malt beverage permit for University of Wyoming; fee; rulesand regulations.

 

(a) Upon an application to the city of Laramie for a maltbeverage permit, the city shall issue a special malt beverage permit to theboard of trustees of the University of Wyoming for sale of malt beverages drawnonly from kegs at the student union on the campus of the University of Wyoming.The issuance of a malt beverage permit shall not be considered an alcoholicbeverage permit issued on the basis of population as provided in W.S. 12-4-201.

 

(b) The fee for the permit provided by subsection (a) of thissection is one hundred dollars ($100.00).

 

(c) The board of trustees of the University of Wyoming shallprovide rules and regulations for the following:

 

(i) Location of the dispensing rooms in which malt beveragesmay be sold;

 

(ii) Furnishings and other features of the dispensing rooms;

 

(iii) The hours and days of the operation of the dispensingrooms, which shall be within the following limits:

 

(A) Monday through Thursday, 3:00 p.m. to 10:00 p.m.;

 

(B) Friday, 3:00 p.m. to 12:00 midnight;

 

(C) Saturday, 10:00 a.m. to 12:00 midnight.

 

(iv) Whether food may be sold in the dispensing rooms;

 

(v) A uniform procedure of age identification for allpurchasers;

 

(vi) Locations within the student union where malt beverages maybe consumed; and

 

(vii) Such other rules and regulations necessary to carry out thepurposes of this section.

 

(d) Repealed By Laws 2001, Ch. 105, 2.

 

(e) The board of trustees may prohibit dispensing maltbeverages by any seller designated under paragraph (c)(iv) of this section, forany period less than ninety (90) days, upon information that violations ofstate law have occurred.

 

12-4-502. Twenty-four hour malt beverage permit and catering permit;restrictions; application procedure; fees.

 

(a) A malt beverage permit authorizing the sale of maltbeverages only may be issued by the appropriate licensing authority to anyresponsible person or organization for sales at a picnic, bazaar, fair, rodeo,special holiday or similar public gathering. No person or organization holdingthe special permit shall sell any alcoholic liquor other than malt beverages onthe premises described on the permit, nor shall any malt beverage be sold orconsumed off the premises authorized by the permit. W.S. 12-5-201 does notapply to this subsection.

 

(b) A catering permit authorizing the sale of alcoholic andmalt beverages may be issued by the appropriate licensing authority to anyperson holding a retail or resort retail liquor license authorizing theoff-premises sale of both alcoholic and malt beverages, for sales at meetings,conventions, private parties and dinners or at other similar gatherings notcapable of being held within the licensee's licensed premises. No licenseeholding a catering permit shall sell or permit consumption of any alcoholic ormalt beverage off the premises described in the permit. Notwithstanding anyother provision of this subsection, closed-container items sold at auction forthe benefit of a nonprofit organization may be taken off-premises.

 

(c) The permits authorized by this section shall be issued forone (1) twenty-four (24) hour period, subject to the schedule of operatinghours provided by W.S. 12-5-101. No person or organization shall receive morethan a total of twelve (12) malt beverage and twenty-four (24) catering permitsfor sales at the same premises in any one (1) year, except that this limitationshall not be applicable to malt beverage permits issued for sales at any fair,rodeo, pari-mutuel event or other similar public event conducted by a publicentity upon public premises.

 

(d) The malt beverage permit and the catering permit shall beissued on application to the appropriate licensing authority without publicnotice or hearing. An application for a malt beverage permit or catering permitunder this section shall be accompanied by a designation of the event for whichthe application is sought specifying the type of event and the name of thesponsor. Any applicant applying for a permit authorized by this section andhaving licensed premises located within a jurisdiction other than thatjurisdiction to which application is made, shall secure the written approval ofthe licensing authority of that jurisdiction in which the licensed premises arelocated prior to filing an application for a permit.

 

(e) The fee for the malt beverage permit and the cateringpermit shall be not less than ten dollars ($10.00) nor more than one hundreddollars ($100.00) per twenty-four (24) hour period, payable to the appropriatelicensing authority.

 

12-4-503. Repealed by Laws 1979, ch. 156, 3.

 

12-4-504. Special malt beverage permit for public auditoriums, civiccenters or events centers.

 

(a) The appropriate licensing authority in a county, city ortown may issue a special malt beverage permit to any responsible person ororganization for sales of malt beverages at public auditoriums, civic centersor events centers meeting the qualifications of subsection (b) of this section.

 

(b) To qualify for a special malt beverage permit as authorizedpursuant to this section the appropriate licensing authority shall requirethat:

 

(i) The public auditorium, civic center or events center shallbe an enclosed building owned by the county, city or town containing meetingrooms, kitchen facilities and at least one (1) auditorium which has a seatingcapacity for no less than five thousand (5,000) persons and is used for publicgatherings;

 

(ii) The person or organization holds a written agreement withthe owner of the public auditorium, civic center or events center giving saidperson the right to sell concessions within the building for the period forwhich the license will be effective.

 

(c) No person or organization holding the special malt beveragepermit shall sell any alcoholic liquor other than malt beverages on thepremises described on the permit, nor shall any malt beverage be sold forconsumption off the premises authorized by the permit. It shall be the duty andobligation of the issuing body and the holder of the permit to see that nosales are made to any person under the age of twenty-one (21) years.

 

(d) The permits authorized by this section shall be issuedafter a hearing on application for a one (1) year period unless sooner revokedand the license fee shall be one thousand five hundred dollars ($1,500.00)payable annually in advance.

 

(e) The issuing body shall provide rules and regulations forthe following:

 

(i) The location of the dispensing rooms;

 

(ii) The furnishings and other features of the dispensing rooms;and

 

(iii) The hours and days of the operation of the dispensingrooms.

 

12-4-505. Malt beverage permit for state fair.

 

(a) Upon application, the appropriate licensing authority shallissue to the director of the department of agriculture a malt beverage permitfor the sale of malt beverages only on the state fairgrounds during the statefair. W.S. 12-5-201 does not apply to this subsection. The issuance of a maltbeverage permit under this subsection shall not be considered an alcoholicbeverage permit issued on the basis of population as provided in W.S.12-4-201. Malt beverages shall only be sold for consumption on the statefairgrounds in areas specifically designated by the director of the departmentof agriculture.

 

(b) The fee for the permit provided by subsection (a) of thissection is one hundred dollars ($100.00).

 

(c) The director of the department of agriculture shallpromulgate rules and regulations concerning:

 

(i) The location of the dispensing rooms;

 

(ii) The location of areas where malt beverages may be consumedon the state fairgrounds;

 

(iii) The furnishings and other features of the dispensing rooms;

 

(iv) The hours and days of the operation of the dispensingrooms;

 

(v) A uniform procedure of age identification for allpurchasers; and

 

(vi) Other rules and regulations necessary to carry out thepurposes of this section.

 

12-4-506. Repealed by Laws 2004, Ch. 73, 2.

 

ARTICLE 6 - SALE, ASSIGNMENT AND TRANSFER

 

12-4-601. Transfer of license location; transfer of ownership; fee.

 

(a) After public hearing and with the approval of the licensingauthority, a license or permit may be transferred to or renewed on differentpremises on the same basis as the original application. An additional licensefee of not more than one hundred dollars ($100.00) is required for theremaining term of the license or permit. A transferred license or permit shallexpire on the same date as the original license or permit.

 

(b) A licensee, or the executor or administrator of the estateof a deceased licensee, may assign and transfer the license or permit by a salemade in good faith. The assignment and transfer shall first have the approvalof the licensing authority, which consideration shall be based in part upon apublic hearing and an application filed under oath by the assignee ortransferee showing the person or entity to be qualified to hold a license orpermit under Wyoming law. The approval of the transfer shall not be given bythe licensing authority if proceedings, including an action to collectdelinquent sales tax payments pursuant to W.S. 12-2-306, are pending tosuspend, revoke or otherwise penalize the original license or permit holder. Atransfer of a license or permit shall require the payment of an additionallicense fee to the appropriate licensing authority of not more than one hundreddollars ($100.00) for the transfer, and upon assignment the assignee mayexercise the privilege of continuing the business authorized by the license orpermit.

 

12-4-602. Annexations; transfer of licensing jurisdiction; licensestransferred exempt from population formula.

 

(a) The licensed premises of a license issued by a county whichis located within an area annexed into the corporate limits of a city or townshall be transferred to the licensing jurisdiction of that city or town.

 

(b) Any transfer of jurisdiction provided within this sectionshall not require the payment of any additional fee for the transfer.

 

(c) A county license transferred within the jurisdiction of acity or town pursuant to annexation shall not be transferred to or renewed ondifferent premises within the city or town for a period of six (6) years afterthe transfer of jurisdiction.

 

(d) A license transferred pursuant to annexation shall beexempt from the population formula restrictions provided by W.S. 12-4-201 and12-4-413.

 

(e) As used in this section, "license" includes acounty malt beverage permit. A city or town shall charge the same fee for acounty malt beverage permit as the county.

 

12-4-603. Annexation of retail liquor license or malt beverage permitinto 5-mile zone; renewal.

 

(a) A county retail liquor license or malt beverage permithaving licensed premises located within a five (5) mile zone around anincorporated city or town because of annexation of property shall not be deniedan application for renewal by reason of annexation alone. The license or permitshall be subject to renewal by the county licensing authority in the samemanner as if the licensed premises were beyond the five (5) mile zone around acity or town.

 

(b) A county retail liquor license or malt beverage permitrenewed in accordance with subsection (a) of this section shall not be transferredto or renewed on different premises within a five (5) mile zone around anincorporated city or town for a period of six (6) years following the date ofannexation of property.

 

12-4-604. Transfer or sale of license or permit; attachment, garnishmentor execution.

 

Nolicense or permit shall be transferred or sold except as provided by W.S.12-4-601 through 12-4-603, used for any place not described in the license orpermit at the time of issuance or subject to attachment, garnishment or execution.

 

ARTICLE 7 - FORMS

 

12-4-701. Duty to prepare and furnish.

 

TheWyoming attorney general shall prepare and furnish to each city, town andcounty a form for liquor licenses and malt beverage permits. A license on aform other than as prescribed by the attorney general is invalid.

 

12-4-702. Signature and attestation; contents; display required.

 

(a) Each license issued by a city or town shall be signed bythe mayor and attested by the clerk. Each license issued by a county shall besigned by the chairman of the board of county commissioners and attested by thecounty clerk.

 

(b) The following shall be shown in each license:

 

(i) The name of the licensee;

 

(ii) A description of the place in which alcoholic or maltbeverages may be sold;

 

(iii) The date of issuance;

 

(iv) The amount of the fee; and

 

(v) That the fee has been paid.

 

(c) Each licensee shall display his license in a conspicuousplace in the licensed room.

 

State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter4

CHAPTER 4 - LOCAL LICENSES

 

ARTICLE 1 - APPLICATIONS

 

12-4-101. Authority of cities, towns and counties; population figures;number of available licenses and permits; assessment and payment of fees.

 

(a) Incorporated cities, towns and counties within Wyomingshall license and regulate or prohibit the retail sale of alcoholic and maltbeverages under this title. Nothing in this title prohibits a licensingauthority of an incorporated city, town or county from issuing less than thetotal number of allowable retail liquor licenses pursuant to W.S. 12-4-201,less than the allowable bar and grill liquor licenses pursuant to W.S. 12-4-413or from refusing to issue any license or permit authorized by this title.

 

(b) Population figures are based upon the official ten (10)year federal census preceding the time of application. Population figures basedupon the official census shall be periodically revised by a state populationestimate no later than five (5) years after the federal census publicationdate.

 

(c) Population figures and estimates required by subsection (b)of this section shall be furnished to the appropriate licensing authoritieswithin the state by the department of administration and information usingpopulation estimates from the United States bureau of the census. The maximumnumber of licenses and permits available for issuance by a licensing authoritypursuant to the population formula provided by W.S. 12-4-201 and 12-4-413,shall be certified and distributed by the commission.

 

(d) Unless otherwise provided, the licensing authority shalluniformly assess license or permit fees annually for each particular class oflicense or permit. Applicants for a license or permit shall pay the requiredfee in cash or by certified check upon receipt of the license or permit.

 

12-4-102. Application for licenses and permits; contents; signatureand verification.

 

(a) Any person desiring a license or permit authorized by thistitle shall apply to the appropriate licensing authority. The application shallbe made under oath upon a form to be prepared by the attorney general andfurnished to the licensing authority. The application shall be filed in theoffice of the clerk of the appropriate licensing authority and shall containthe following provisions:

 

(i) The location and a description of the room in which theapplicant will sell under the license if the building is in existence at thetime of application. If the building is not in existence, the location and anarchitect's drawing or suitable plans of the room and premises to be licensed;

 

(ii) The age and residence of the applicant, and of eachapplicant or partner if the application is made by more than one (1) individualor by a partnership;

 

(iii) A disclosure of any criminal record of the applicant or anypartner equal to a felony conviction under Wyoming law and of any convictionfor a violation of Wyoming law relating to the sale or manufacture of alcoholicliquor or malt beverages within ten (10) years prior to the filing of theapplication; and

 

(iv) If the applicant is a corporation:

 

(A) The name, age and residence of each officer, director andstockholder holding, either jointly or severally, ten percent (10%) or more ofthe outstanding and issued capital stock of the corporation; and

 

(B) Whether any officer, director or stockholder with tenpercent (10%) or more ownership has been convicted of a violation of law asprovided in paragraph (iii) of this subsection.

 

(v) If the applicant is a limited liability company:

 

(A) The name, age and residence of each officer, manager andmember holding, either jointly or severally, ten percent (10%) or more of theoutstanding ownership of the limited liability company; and

 

(B) If any officer, manager or member with ten percent (10%) ormore ownership has been convicted of a violation of law as provided underparagraph (a)(iii) of this subsection.

 

(vi) A statement indicating the financial condition andfinancial stability of a new applicant;

 

(vii) The site and the zoning of the site where the applicantwill sell under the license;

 

(viii) If application is for a retail license renewal, theapplicant shall provide documentation to the local licensing authority thatminimum purchase requirements specified in W.S. 12-4-103(c) have been met.

 

(b) No person or partner shall have any interest, directly orindirectly, in a license or permit unless he signs and verifies the applicationfor the license or permit. No corporation shall be granted a license or permitunless two (2) or more of the officers or directors sign and verify theapplication on behalf of the corporation and also verify upon their oath asindividuals that the statements and provisions contained therein are true,except that if all the stock of the corporation is owned by one (1) individualthen that individual may sign and verify the application and verify upon hisoath that the statements and provisions contained therein are true. No limitedliability company shall be granted a license or permit unless at least one (1)of the officers, managers, or if there are no officers or managers, at leastone (1) of the members who is duly authorized to act on behalf of the limitedliability company signs and verifies the application on behalf of the companyand also verifies upon his oath that the statements and provisions containedtherein are true.

 

(c) Corporate and limited liability company licensees andpermittees shall advise the licensing authority within thirty (30) days inwriting of any change in the information in the application required byparagraphs (a)(iv) or (v) of this section. The licensing authority shallprovide the commission a copy of a notification of change.

 

12-4-103. Restrictions upon license or permit applicants and holders;license limitation per person.

 

(a) A license or permit authorized by this title shall not beheld by, issued or transferred to:

 

(i) Any mayor, member of a city or town council or countycommissioner within their respective jurisdiction;

 

(ii) Any person employed by the state or a city, town or countyas a law enforcement officer or who holds office as a law enforcement officerthrough election;

 

(iii) Any person who does not own the building in which the salesroom is located or hold a written lease for the period for which the licensewill be effective containing an agreement by the lessor that alcoholic or maltbeverages may be sold upon the leased premises, except as provided by paragraph(iv) of this subsection;

 

(iv) Any licensee who fails to demonstrate that his licensedalcoholic or malt beverage enterprise will be operational in a planned but notphysically functional building within two (2) years after a license or permithas been issued or transferred, or if holding a license, fails to open hisbusiness in a functional building within two (2) years after license issuanceor transfer. Upon a showing of good cause by the licensee and for anadditional period of not to exceed one (1) year, the local licensing authoritymay extend the time period in which the business or enterprise of the licenseeis required to become operational or open for business pursuant to thisparagraph. Any license or permit in violation of this paragraph shall not berenewed by the local licensing authority;

 

(v) Repealed By Laws 1996, ch. 122, 3.

 

(vi) A manufacturer of alcoholic beverages or wholesaler of maltbeverages;

 

(vii) A person under eighteen (18) years of age;

 

(viii) A college fraternity or organization created by one (1) ormore college fraternities;

 

(ix) A chamber of commerce, except for twenty-four (24) hourmalt beverage permits issued pursuant to W.S. 12-4-502;

 

(x) A corporation, limited liability company, limitedpartnership, or limited liability partnership which has not qualified to dobusiness in Wyoming;

 

(xi) An individual who is not a resident; or

 

(xii) Any general partnership or group of two (2) or more personsunless each person interested, directly or indirectly, is a resident orqualified to do business in this state.

 

(b) Except as provided in W.S. 12-4-301(e), no licensingauthority shall issue more than one (1) license or permit to any one (1)person.

 

(c) Except as provided in subsection (d) of this section, alicense or permit authorized by this title shall not be renewed if the licenseeor permittee did not, during the previous one (1) year term of the license orpermit, purchase at least five hundred dollars ($500.00) of alcoholic or maltbeverages or a combination thereof from the commission or any authorized maltbeverage wholesaler. A retail liquor license shall not be renewed if thelicensee did not, during the previous one (1) year term of the license,purchase at least two thousand dollars ($2,000.00) of alcoholic or malt beveragesor a combination thereof from the commission or any authorized malt beveragewholesaler.

 

(d) Subsection (c) of this section shall not apply to:

 

(i) Any licensee or permittee having a planned but notphysically functional building pursuant to paragraph (a)(iv) of this section;

 

(ii) Holders of special permits issued under article 5 of thischapter;

 

(iii) Holders of a limited transportation liquor license underW.S. 12-2-202.

 

12-4-104. Publication of notice; grant or denial; renewal preference;copy of application and notice to commission; judicial review.

 

(a) When an application for a license, permit, renewal or anytransfer of location or ownership thereof has been filed with a licensingauthority, the clerk shall promptly prepare a notice of application, place thenotice conspicuously upon the premises shown by the application as the proposedplace of sale and publish the notice in a newspaper of local circulation once aweek for four (4) consecutive weeks. The notice shall state that a named applicanthas applied for a license, permit, renewal or transfer thereof, and thatprotests against the issuance, renewal or transfer of the license or permitwill be heard at a designated meeting of the licensing authority. Eachapplicant shall, at the time of filing his application, pay the clerk an amountsufficient to cover the costs of publishing notice. Notices may besubstantially in the following form:

 

NOTICE OF APPLICATION FOR A ....

 

Notice is hereby giventhat on the .... day of .... (year) (name of applicant) filed an applicationfor a .... license (permit), in the office of the clerk of the city (or town orcounty) of .... for the following described place (and room) (insertdescription) and protests, if any there be, against the issuance (transfer orrenewal) of the license (permit) will be heard at the hour of ....M., on the.... day of .... (year), in the (meeting place of the governing body).

 

Dated.... Signed ....

 

(b) Any license or permit authorized under this title shall notbe issued, renewed or transferred until on or after the date set in the noticefor hearing protests. If a renewal or transfer hearing, the hearing shall beheld no later than thirty (30) days preceding the expiration date of thelicense or permit. A license or permit shall not be issued, renewed ortransferred if the licensing authority finds from evidence presented at thehearing:

 

(i) The welfare of the people residing in the vicinity of theproposed license or permit premises shall be adversely and seriously affected;

 

(ii) The purpose of this title shall not be carried out by theissuance, renewal or transfer of the license or permit;

 

(iii) The number, type and location of existing licenses orpermits meet the needs of the vicinity under consideration;

 

(iv) The desires of the residents of the county, city or townwill not be met or satisfied by the issuance, renewal or transfer of thelicense or permit; or

 

(v) Any other reasonable restrictions or standards which may beimposed by the licensing authority shall not be carried out by the issuance,renewal or transfer of the license or permit.

 

(c) The owner and holder of an expired liquor license or permitor one due for expiration has a preference right to a new license for the samelocation. After the required notice and a public hearing, each applicationclaiming renewal preference shall be promptly considered and acted upon by thelicensing authority.

 

(d) When any application is filed with a licensing authority,the licensing authority shall immediately forward a copy of the application tothe commission. No licensing authority shall approve or deny an applicationuntil the commission has certified the application is complete pursuant to thissubsection. All applications shall be deemed to be certified unless objectionis made by the commission within ten (10) working days after receipt of theapplication. Upon approval or denial of an application, the licensing authorityshall promptly notify the commission.

 

(e) An applicant for a renewal license or permit may appeal tothe district court from an adverse decision by the licensing authority. Noapplicant for a new license shall have a right of appeal from the decision ofthe licensing authority denying an application.

 

(f) Upon an appeal the person applying for a license andclaiming renewal preference shall be named as plaintiff, with the licensingauthority named as defendant. During the pendency of an appeal, a renewallicense denied by a licensing authority shall not be granted to any otherapplicant. Upon notice of appeal the clerk shall transmit to the clerk of thedistrict court a certified copy of the application, of each protest if any, andof the minutes recording the decision appealed from. The appeal shall be heardas a trial de novo with evidence taken and other proceedings had as in thetrial of civil actions. The court may accept and consider as part of the recordcertified documents forwarded to the court by the clerk of the licensingauthority. The case shall be heard promptly and the procedure shall conform tothe Wyoming Rules of Civil Procedure unless other procedures are provided foror required.

 

12-4-105. Disposition of license fees; refunds prohibited.

 

Allfees for licenses and permits issued by a licensing authority paid under thistitle shall be deposited into the treasury of the licensing authority. Norefund of all or any part of a license fee shall be made at any time followingissuance.

 

12-4-106. Term of license and permit; exception.

 

(a) A license or permit is considered a personal privilege tothe holder and the term of the license or permit is for one (1) year unlesssooner revoked. When a valid license or permit is determined to be part of theestate of a deceased holder, the administrator or executor of the estate mayexercise the privilege of the deceased under the license or permit until theexpiration of the license or permit.

 

(b) The term of a license or permit may be less than one (1)year if specified by the licensing authority to coincide with the annual dateor dates set by the authority for consideration of license and permit issuance,renewals and transfers. A licensing authority issuing a license or permit for aterm less than one (1) year shall pro-rate the annual fee accordingly. Any licenseenot attempting to renew a newly issued pro-rated license or permit valid forone (1) year shall not be eligible for any license or permit authorized underthis title for a period of two (2) years after the expiration date of thepro-rated license or permit.

 

ARTICLE 2 - RETAIL LICENSES AND PERMITS

 

12-4-201. Retail liquor licenses and malt beverage permits; populationformulas; fees.

 

(a) A retail liquor license is the authority under which alicensee is permitted to sell alcoholic liquor or malt beverages for use orconsumption but not for resale.

 

(b) A malt beverage permit is the authority under which thelicensee is permitted to sell malt beverages only.

 

(c) Repealed by Laws 1979, ch. 156, 4.

 

(d) The number of retail liquor licenses issued shall be basedon the following population formula:

 

(i) Not more than two (2) licenses in incorporated towns offive hundred (500) population or less;

 

(ii) Not more than one (1) additional license for eachadditional five hundred (500) population or major fraction thereof inincorporated cities or towns up to a population of nine thousand five hundred(9,500); and

 

(iii) Not more than one (1) additional license for eachadditional full three thousand (3,000) population over nine thousand five hundred(9,500).

 

(e) The license fee to be assessed for a retail liquor licenseshall be not less than three hundred dollars ($300.00) nor more than onethousand five hundred dollars ($1,500.00) payable annually in advance.

 

(f) Retail liquor licenses and malt beverage permits may begranted by the county commissioners as the appropriate licensing authority in acounty outside of incorporated cities and towns as follows:

 

(i) One (1) retail liquor license issued for each five hundred(500) population residing outside cities and towns; but

 

(ii) No more than three (3) retail liquor licenses issued forlocations within five (5) miles of the corporate limits of a city or town; and

 

(iii) Malt beverage permits may be issued for county locationsbeyond a five (5) mile zone around incorporated cities and towns without regardto population.

 

(g) The license fee for county retail liquor licenses withinfive (5) miles of a city or town shall not be less than the comparable feecharged by the adjacent town and all license fees and taxes shall be assessedas provided by law.

 

(h) The license fee assessed by a county for malt beveragepermits shall be not less than one hundred dollars ($100.00) nor more than onethousand five hundred dollars ($1,500.00).

 

12-4-202. Licenses or permits issued prior to April 1, 1961;replacements.

 

Retailliquor licenses or other permits issued prior to April 1, 1961 are not subjectto nonrenewal due to the application of population formulas or municipalboundary requirements provided by W.S. 12-4-201. If a license or permit is notrenewed for any other reason it shall not be reissued until circumstances arein conformance with the requirements of W.S. 12-4-201.

 

12-4-203. Repealed by Laws 1985, ch. 92, 3.

 

ARTICLE 3 - SPECIAL CLUB LICENSES

 

12-4-301. Sales by clubs; license fees; petition; licenserestrictions.

 

(a) Bona fide clubs as defined by W.S. 12-1-101(a)(iii) may belicensed by the appropriate licensing authority under a limited retail liquorlicense for which the licensee shall pay a license fee of not less than onehundred dollars ($100.00) nor more than one thousand five hundred dollars($1,500.00) annually in advance.

 

(b) At least fifty-one percent (51%) of the membership of asocial club as defined by W.S. 12-1-101(a)(iii)(E) shall sign a petitionindicating a desire to secure a limited retail liquor license. The form of thepetition shall be prescribed by the commission and shall include the residenceaddress of each member signing the petition.

 

(c) Except as otherwise provided by W.S. 12-5-201(g), a clubholding a limited retail license shall not sell alcoholic or malt beverages forconsumption anywhere except within the licensed premises and for consumption byits members and their accompanied guests only. It shall be the duty andobligation of the club to check and regulate sales to members and theiraccompanied guests to insure that all alcoholic or malt beverages sold areconsumed within the building, space or premises.

 

(d) Repealed by Laws 1985, ch. 92, 3.

 

(e) Notwithstanding W.S. 12-4-103(b), a political subdivisionof the state may hold no more than two (2) club limited retail liquor licensesfor golf courses owned, maintained or operated by that political subdivision inaddition to any other license held by that political subdivision.

 

12-4-302. Repealed By Laws 2001, Ch. 103, 2.

 

12-4-303. Repealed By Laws 2001, Ch. 103, 2.

 

ARTICLE 4 - RESORT AND RESTAURANT LIQUOR LICENSES

 

12-4-401. Resort retail liquor licenses; authorized; qualifications;provision for licenses issued prior to January 1, 1980.

 

(a) The appropriate licensing authority in a county, city ortown may issue resort retail liquor licenses to applicants who are owners orlessees of a resort complex meeting the qualifications of subsection (b) ofthis section.

 

(b) To qualify for a resort retail liquor license, theappropriate licensing authority shall require the resort complex to:

 

(i) Have an actual valuation of, or the applicant shall havecommitted or expended on the complex, not less than one million dollars($1,000,000.00), excluding the value of the land;

 

(ii) Include a restaurant and a convention facility, whichconvention facility shall seat no less than one hundred (100) persons; and

 

(iii) Include motel or hotel accommodations with a minimum of onehundred (100) sleeping rooms.

 

(c) Nothing contained within this section shall have any effecton resort liquor licenses issued prior to January 1, 1980, or to the right orrenewal of a resort liquor license.

 

12-4-402. Repealed by Laws 1979, ch. 156, 3.

 

12-4-403. Population formula not applicable; transfer.

 

(a) The provisions authorizing resort liquor licenses have noapplication to the population formula limiting retail liquor licenses asprovided by W.S. 12-4-201.

 

(b) No resort liquor license may be transferred to anotherlocation. License ownership may be transferred to a purchaser or licensee ofthe licensed premises with the approval of the licensing authority.

 

12-4-404. Sale of beverages for off-premises consumption prohibited.

 

Resortliquor licensees shall not sell alcoholic or malt beverages for consumption offthe premises owned or leased by the licensee, except pursuant to a cateringpermit. The dispensing of alcoholic or malt beverages licensed to be soldhereunder shall be controlled by W.S. 12-5-201 and if a catering permit hasbeen issued by W.S. 12-4-502(b).

 

12-4-405. Annual fee.

 

Theannual fee for a resort liquor license shall be not less than five hundreddollars ($500.00) nor more than three thousand dollars ($3,000.00).

 

12-4-406. Repealed by Laws 1979, ch. 156, 3.

 

12-4-407. Restaurant liquor license; authorized.

 

(a) Restaurants as defined by W.S. 12-1-101(a)(xiv) may belicensed by the appropriate licensing authority in counties, cities and townsunder a restaurant liquor license. In addition to the application requirementsrequired by this title, the license applicant shall submit a valid food servicepermit upon application. When the total dollar amount of wholesale purchasesfrom the liquor commission of liquor in a county is greater than fifty (50)times the county population, then population formulas have no application toissuance of restaurant liquor licenses within the county.

 

(b) Repealed by Laws 1985, ch. 92, 3.

 

(c) After the maximum number of appropriate licenses has beencertified by the commission, the number of restaurant liquor licenses issuedshall not exceed fifty percent (50%) of the number of retail liquor licensesallowable under W.S. 12-4-201(d), or two (2), whichever is greater.

 

(d) Any person presently holding a limited retail liquorlicense and otherwise qualified for a restaurant liquor license under W.S.12-1-101(a)(xiv) and 12-4-407 through 12-4-411 may be issued a restaurantliquor license by the appropriate licensing authority. Licenses issued underthis subsection shall not be considered in the number of licenses authorizedunder subsection (c) of this section.

 

12-4-408. Revenues of licensee to be derived primarily from foodservices and not the sale of alcoholic beverages; annual report.

 

(a) An applicant for a restaurant liquor license shall satisfythe appropriate licensing authority that the primary source of revenue from theoperation of the restaurant to be licensed will be derived from food servicesand not from the sale of alcoholic or malt beverages.

 

(b) When renewing a restaurant liquor license, the appropriatelicensing authority shall condition renewal upon a requirement that not lessthan sixty percent (60%) of gross sales from the preceding twelve (12) monthsoperation of a licensed restaurant be derived from food services.

 

(c) Upon application for license renewal, a license holdershall submit an annual report to the licensing authority on the sales of thelicensed restaurant. The report shall contain the annual gross sales figures ofthe restaurant and shall separate the gross sales figures into two (2)categories:

 

(i) Food service sales; and

 

(ii) Alcoholic and malt beverage sales.

 

12-4-409. Transfer of licenses.

 

Norestaurant liquor license shall be transferred to another location. Licenseownership may be transferred to a purchaser or lessee of the licensed premiseswith the approval of the appropriate licensing authority.

 

12-4-410. Sale of alcoholic beverages for off-premises consumptionprohibited; location, regulation and restrictions on dispensing of liquor;prohibiting certain activities.

 

(a) Except as provided in subsection (e) of this section,restaurant liquor licensees shall not sell alcoholic or malt beverages forconsumption off the premises owned or leased by the licensee. Except asprovided in subsections (b) and (e) of this section, alcoholic or maltbeverages shall be served for on-premises consumption only in dining areaswhich are adequately staffed and equipped for all food services offered by therestaurant.

 

(b) Alcoholic and malt beverages shall be dispensed andprepared for consumption in one (1) room upon the licensed premises separatedfrom the dining area in which alcoholic and malt beverages may be served and inthe case of a golf course upon which a restaurant liquor license is operationalor in the case of a guest ranch upon which a retail or restaurant liquorlicense is operational, at dispensing areas on the premises of the golf courseor guest ranch as permitted by the licensing authority. No consumption ofalcoholic or malt beverages shall be permitted within the dispensing room, norshall any person other than employees over eighteen (18) years of age bepermitted to enter the dispensing room. If a restaurant has a dispensing roomseparate from the dining area which is licensed prior to February 1, 1979 forpurposes of alcoholic or malt beverage sales and consumption, the restaurantmay dispense alcoholic or malt beverages in the separate dispensing room undera restaurant liquor license, and any person over eighteen (18) years of age ispermitted to enter the separate dispensing room.

 

(c) All sales of alcoholic and malt beverages authorized by arestaurant liquor license shall cease at the time food sales and services ceaseor at the hours specified by W.S. 12-5-101(a) if food sales and services extendbeyond the hours specified therein.

 

(d) No restaurant liquor licensee shall promote the restaurantas a bar and lounge nor shall the licensee compete with a retail liquorlicensee in activities other than dinner functions, including, but not limitedto, dances, receptions and other social gatherings. Nothing in this subsectionshall require a restaurant liquor licensee to reconstruct or remodel licensedpremises existing on or before June 8, 1989.

 

(e) A restaurant liquor licensee may permit a patron to removeone (1) unsealed bottle of wine for off-premises consumption provided that thepatron has purchased a full course meal and consumed a portion of the bottle ofwine with the meal on the restaurant premises. For purposes of thissubsection the term "full course meal" shall mean a diversifiedselection of food which is ordinarily consumed with the use of tableware andcannot conveniently be consumed while standing or walking. A partiallyconsumed bottle of wine that is to be removed from the premises pursuant tothis subsection shall be securely sealed by the licensee or an agent of thelicensee and placed in a tamper-proof transparent bag which shall also besecurely sealed prior to removal from the premises, so that it is visiblyapparent that the resealed bottle of wine has not been tampered with. Thelicensee or agent of the licensee shall provide a dated receipt for the bottleof wine to the patron. Wine which is resealed in accordance with theprovisions of this subsection shall not be deemed an open container forpurposes of W.S. 31-5-235.

 

12-4-411. License fee.

 

Theannual fee for a restaurant liquor license shall be no more than three thousanddollars ($3,000.00) and no less than five hundred dollars ($500.00). Thelicense fee for a county restaurant liquor license within five (5) miles of acity or town shall not be less than the restaurant liquor license fee chargedby that city or town.

 

12-4-412. Microbrewery and winery permits; authorized; conditions;dual permits and licenses; satellite winery permits; direct shipment of wine;fees.

 

(a) Subject to restrictions imposed under W.S. 12-4-103excluding W.S. 12-4-103(a)(vi), a local licensing authority may issue:

 

(i) A microbrewery permit authorizing a permit holder to brew amalt beverage and dispense the brewed malt beverage for on-premises and limitedoff-premises personal consumption;

 

(ii) A winery permit authorizing a permit holder to manufacturewine and dispense the manufactured wine for on-premises and limitedoff-premises personal consumption.

 

(b) The local licensing authority:

 

(i) May allow the sale of other malt beverages under a microbrewerypermit for on-premises consumption when obtained through licensed wholesalemalt beverage distributors;

 

(ii) May allow the sale of other wines under a winery permit foron-premises consumption when obtained from the commission;

 

(iii) May approve the dual holding of a microbrewery permit orwinery permit and one (1) of the following:

 

(A) A retail liquor license as provided in W.S. 12-4-101through 12-4-202;

 

(B) Subject to subsection (c) of this section, a restaurantlicense as provided in W.S. 12-4-411;

 

(C) A resort license as provided in W.S. 12-4-401 through12-4-405;

 

(D) A microbrewery permit as provided under paragraph (a)(i) ofthis section;

 

(E) A winery permit as provided under paragraph (a)(ii) of thissection; or

 

(F) Subject to subsection (e) of this section, a bar and grillliquor license as provided in W.S. 12-4-413.

 

(iv) May allow the microbrewery to sell on site its brewedproduct for off-premises personal consumption, not for retail sale, inpackaging of bottles, cans or packs of an aggregate volume not to exceed twothousand (2,000) ounces per sale;

 

(v) May allow the winery to sell its manufactured wine on sitefor off-premises personal consumption, not for retail sale, in packaging ofbottles of an aggregate volume not to exceed two thousand twenty-eight (2,028)ounces per sale;

 

(vi) Shall limit the number of microbreweries or the number ofwineries to no more than those allowed in W.S. 12-4-201(d) for each permit;

 

(vii) May allow the transfer of a microbrewery or winery permitto another location and ownership of the microbrewery or winery may betransferred upon approval by the local licensing authority; and

 

(viii) Shall assess a fee of not less than three hundred dollars($300.00) nor more than five hundred dollars ($500.00) payable annually inadvance for each microbrewery or winery permit. When dual ownership of amicrobrewery or winery permit and a liquor license exists no additional feeshall be assessed other than the retail, restaurant or resort license fee.

 

(c) W.S. 12-4-410 shall apply to any person holding amicrobrewery or winery permit and a restaurant liquor license pursuant tosubparagraph (b)(iii)(B) of this section, except the dual holder:

 

(i) May provide a separate dining area in which the brewed maltbeverage or manufactured wine may be dispensed which shall be separate from anydining area in which persons age eighteen (18) or under are permitted toenter. The dining room in which the malt beverages or wines are dispensedshall not be considered the dispensing room for purposes of the restaurantliquor license;

 

(ii) May sell the brewed malt beverage or manufactured wine forlimited off-premises personal consumption pursuant to paragraphs (b)(iv) and(v) of this section;

 

(iii) May upon cessation of full service restaurant operations,serve a limited menu and continue to serve malt beverages authorized under themicrobrewery permit or wines authorized under the winery permit; and

 

(iv) Shall not include sales of malt beverages or wines authorizedunder the microbrewery or winery permit, or sales other than food service andalcoholic beverages in the annual gross sales report required under W.S.12-4-408(c).

 

(d) In addition to subsection (b) of this section, the locallicensing authority may issue to the holder of a winery permit under thissection a satellite winery permit which allows the permittee to sell itsmanufactured wine at up to three (3) satellite locations within Wyomingseparate from its licensed manufacturing site under the original permit fee.The satellite winery permit may be issued on application to the appropriatelicensing authority. The local licensing authority may require a public hearingand the payment of an additional permit fee not to exceed one hundred dollars($100.00) regardless of the number of satellite locations. The satellite winerypermit shall be subject to the terms and conditions of W.S. 12-4-106, theschedule of operating hours provided in W.S. 12-5-101 and the dispensing roomprovisions of W.S. 12-5-201.

 

(e) The provisions of W.S. 12-4-413 shall apply to any personholding a microbrewery or winery permit and a bar and grill liquor licensepursuant to subparagraph (b)(iii)(F) of this section, except the dual holder:

 

(i) May sell the brewed malt beverage or manufactured wine forlimited off-premise personal consumption pursuant to paragraphs (b)(iv) and (v)of this section;

 

(ii) May upon cessation of full service restaurant operationsserve a limited menu and continue to serve malt beverages authorized under themicrobrewery permit or wines authorized under the winery permit; and

 

(iii) Shall not include sales of malt beverages or winesauthorized under the malt beverage or winery permit, or sales other than foodservice and alcoholic beverages, in the annual gross sales report requiredunder W.S. 12-4-408(c).

 

(f) Notwithstanding paragraph (b)(v) of this section and W.S.12-5-201, any person holding a winery permit as provided by this section, maysell and ship no more than a total of eighteen (18) liters of its manufacturedwine directly to any one (1) household in this state in any twelve (12) monthperiod.

 

(g) Notwithstanding paragraph (b)(v) of this section and W.S.12-5-201, any person holding a winery permit as provided by this section, maysell and ship its manufactured wine which is not listed with the liquordivision as part of its inventory and distribution operation to any Wyomingretail establishment which holds a liquor license in this state.

 

(h) Any licensed winery holding a winery permit pursuant tothis section shall:

 

(i) Not ship more than a total of eighteen (18) liters of itsmanufactured wine to any one (1) household in this state during any twelve (12)month period;

 

(ii) Offer to sell its manufactured wine to the liquor divisionat wholesale prices if the winery ships more than ninety (90) liters total ofany of its manufactured wine to any combination of households or licensedretailers in this state;

 

(iii) Ship its manufactured wine only to individuals who are atleast twenty-one (21) years of age for such individual's personal use and notfor resale;

 

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

 

(v) Ensure that all of its shipments within this state are madeby a duly licensed carrier and further ensure that such carriers comply withthe requirement to obtain an adult signature;

 

(vi) File a monthly report of wines shipped out of state on aform provided by the liquor division and include a copy of the invoice for eachshipment of their own manufactured wine subject to the following:

 

(A) The report shall be filed with the liquor division notlater than the tenth of the month following the month in which the shipment wasmade;

 

(B) Any report filed late with the liquor division shall besubject to a late filing fee of twenty-five dollars ($25.00).

 

(vii) Maintain records for at least three (3) years that 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.

 

12-4-413. Bar and grill liquor license; authorized; requirements.

 

(a) Restaurants as defined by W.S. 12-1-101(a)(xiv) may belicensed by the appropriate licensing authority in counties, cities and townsunder a bar and grill liquor license. In addition to the applicationrequirements required by this title, the license applicant shall submit a validfood service permit upon application.

 

(b) The number of bar and grill liquor licenses for cities andtowns shall be based on the following population formula:

 

(i) Not more than one (1) license in incorporated cities ortowns of seven thousand five hundred (7,500) or less;

 

(ii) Not more than two (2) licenses for population inincorporated cities between seven thousand five hundred one (7,501) and fifteenthousand (15,000); and

 

(iii) Not more than three (3) for population in incorporatedcities between fifteen thousand one (15,001) and twenty-seven thousand fivehundred (27,500); and

 

(iv) Not more than one (1) additional license for eachadditional twelve thousand five hundred (12,500) population in incorporatedcities over twenty-seven thousand five hundred (27,500).

 

(c) Bar and grill liquor licenses may be granted by the countycommissioners as the appropriate licensing authority in a county outside ofincorporated cities and towns as follows:

 

(i) One (1) license for each seven thousand five hundred(7,500) population residing outside incorporated cities and towns.

 

(d) The license fee assessed for a bar and grill liquor licenseshall be not less than one thousand five hundred dollars ($1,500.00) nor morethan ten thousand five hundred dollars ($10,500.00).

 

(e) A bar and grill liquor license shall not be sold,transferred or assigned by the holder.

 

(f) Bar and grill liquor licenses shall be subject to theprovisions of W.S. 12-4-408 and 12-4-410(c) to the same extent those provisionsare applicable to restaurant liquor licenses. Bar and grill liquor licenseesshall not sell alcoholic or malt beverages for consumption off the premisesowned or leased by the licensee except as allowed under W.S. 12-4-410(e).

 

ARTICLE 5 - SPECIAL PERMITS

 

12-4-501. Malt beverage permit for University of Wyoming; fee; rulesand regulations.

 

(a) Upon an application to the city of Laramie for a maltbeverage permit, the city shall issue a special malt beverage permit to theboard of trustees of the University of Wyoming for sale of malt beverages drawnonly from kegs at the student union on the campus of the University of Wyoming.The issuance of a malt beverage permit shall not be considered an alcoholicbeverage permit issued on the basis of population as provided in W.S. 12-4-201.

 

(b) The fee for the permit provided by subsection (a) of thissection is one hundred dollars ($100.00).

 

(c) The board of trustees of the University of Wyoming shallprovide rules and regulations for the following:

 

(i) Location of the dispensing rooms in which malt beveragesmay be sold;

 

(ii) Furnishings and other features of the dispensing rooms;

 

(iii) The hours and days of the operation of the dispensingrooms, which shall be within the following limits:

 

(A) Monday through Thursday, 3:00 p.m. to 10:00 p.m.;

 

(B) Friday, 3:00 p.m. to 12:00 midnight;

 

(C) Saturday, 10:00 a.m. to 12:00 midnight.

 

(iv) Whether food may be sold in the dispensing rooms;

 

(v) A uniform procedure of age identification for allpurchasers;

 

(vi) Locations within the student union where malt beverages maybe consumed; and

 

(vii) Such other rules and regulations necessary to carry out thepurposes of this section.

 

(d) Repealed By Laws 2001, Ch. 105, 2.

 

(e) The board of trustees may prohibit dispensing maltbeverages by any seller designated under paragraph (c)(iv) of this section, forany period less than ninety (90) days, upon information that violations ofstate law have occurred.

 

12-4-502. Twenty-four hour malt beverage permit and catering permit;restrictions; application procedure; fees.

 

(a) A malt beverage permit authorizing the sale of maltbeverages only may be issued by the appropriate licensing authority to anyresponsible person or organization for sales at a picnic, bazaar, fair, rodeo,special holiday or similar public gathering. No person or organization holdingthe special permit shall sell any alcoholic liquor other than malt beverages onthe premises described on the permit, nor shall any malt beverage be sold orconsumed off the premises authorized by the permit. W.S. 12-5-201 does notapply to this subsection.

 

(b) A catering permit authorizing the sale of alcoholic andmalt beverages may be issued by the appropriate licensing authority to anyperson holding a retail or resort retail liquor license authorizing theoff-premises sale of both alcoholic and malt beverages, for sales at meetings,conventions, private parties and dinners or at other similar gatherings notcapable of being held within the licensee's licensed premises. No licenseeholding a catering permit shall sell or permit consumption of any alcoholic ormalt beverage off the premises described in the permit. Notwithstanding anyother provision of this subsection, closed-container items sold at auction forthe benefit of a nonprofit organization may be taken off-premises.

 

(c) The permits authorized by this section shall be issued forone (1) twenty-four (24) hour period, subject to the schedule of operatinghours provided by W.S. 12-5-101. No person or organization shall receive morethan a total of twelve (12) malt beverage and twenty-four (24) catering permitsfor sales at the same premises in any one (1) year, except that this limitationshall not be applicable to malt beverage permits issued for sales at any fair,rodeo, pari-mutuel event or other similar public event conducted by a publicentity upon public premises.

 

(d) The malt beverage permit and the catering permit shall beissued on application to the appropriate licensing authority without publicnotice or hearing. An application for a malt beverage permit or catering permitunder this section shall be accompanied by a designation of the event for whichthe application is sought specifying the type of event and the name of thesponsor. Any applicant applying for a permit authorized by this section andhaving licensed premises located within a jurisdiction other than thatjurisdiction to which application is made, shall secure the written approval ofthe licensing authority of that jurisdiction in which the licensed premises arelocated prior to filing an application for a permit.

 

(e) The fee for the malt beverage permit and the cateringpermit shall be not less than ten dollars ($10.00) nor more than one hundreddollars ($100.00) per twenty-four (24) hour period, payable to the appropriatelicensing authority.

 

12-4-503. Repealed by Laws 1979, ch. 156, 3.

 

12-4-504. Special malt beverage permit for public auditoriums, civiccenters or events centers.

 

(a) The appropriate licensing authority in a county, city ortown may issue a special malt beverage permit to any responsible person ororganization for sales of malt beverages at public auditoriums, civic centersor events centers meeting the qualifications of subsection (b) of this section.

 

(b) To qualify for a special malt beverage permit as authorizedpursuant to this section the appropriate licensing authority shall requirethat:

 

(i) The public auditorium, civic center or events center shallbe an enclosed building owned by the county, city or town containing meetingrooms, kitchen facilities and at least one (1) auditorium which has a seatingcapacity for no less than five thousand (5,000) persons and is used for publicgatherings;

 

(ii) The person or organization holds a written agreement withthe owner of the public auditorium, civic center or events center giving saidperson the right to sell concessions within the building for the period forwhich the license will be effective.

 

(c) No person or organization holding the special malt beveragepermit shall sell any alcoholic liquor other than malt beverages on thepremises described on the permit, nor shall any malt beverage be sold forconsumption off the premises authorized by the permit. It shall be the duty andobligation of the issuing body and the holder of the permit to see that nosales are made to any person under the age of twenty-one (21) years.

 

(d) The permits authorized by this section shall be issuedafter a hearing on application for a one (1) year period unless sooner revokedand the license fee shall be one thousand five hundred dollars ($1,500.00)payable annually in advance.

 

(e) The issuing body shall provide rules and regulations forthe following:

 

(i) The location of the dispensing rooms;

 

(ii) The furnishings and other features of the dispensing rooms;and

 

(iii) The hours and days of the operation of the dispensingrooms.

 

12-4-505. Malt beverage permit for state fair.

 

(a) Upon application, the appropriate licensing authority shallissue to the director of the department of agriculture a malt beverage permitfor the sale of malt beverages only on the state fairgrounds during the statefair. W.S. 12-5-201 does not apply to this subsection. The issuance of a maltbeverage permit under this subsection shall not be considered an alcoholicbeverage permit issued on the basis of population as provided in W.S.12-4-201. Malt beverages shall only be sold for consumption on the statefairgrounds in areas specifically designated by the director of the departmentof agriculture.

 

(b) The fee for the permit provided by subsection (a) of thissection is one hundred dollars ($100.00).

 

(c) The director of the department of agriculture shallpromulgate rules and regulations concerning:

 

(i) The location of the dispensing rooms;

 

(ii) The location of areas where malt beverages may be consumedon the state fairgrounds;

 

(iii) The furnishings and other features of the dispensing rooms;

 

(iv) The hours and days of the operation of the dispensingrooms;

 

(v) A uniform procedure of age identification for allpurchasers; and

 

(vi) Other rules and regulations necessary to carry out thepurposes of this section.

 

12-4-506. Repealed by Laws 2004, Ch. 73, 2.

 

ARTICLE 6 - SALE, ASSIGNMENT AND TRANSFER

 

12-4-601. Transfer of license location; transfer of ownership; fee.

 

(a) After public hearing and with the approval of the licensingauthority, a license or permit may be transferred to or renewed on differentpremises on the same basis as the original application. An additional licensefee of not more than one hundred dollars ($100.00) is required for theremaining term of the license or permit. A transferred license or permit shallexpire on the same date as the original license or permit.

 

(b) A licensee, or the executor or administrator of the estateof a deceased licensee, may assign and transfer the license or permit by a salemade in good faith. The assignment and transfer shall first have the approvalof the licensing authority, which consideration shall be based in part upon apublic hearing and an application filed under oath by the assignee ortransferee showing the person or entity to be qualified to hold a license orpermit under Wyoming law. The approval of the transfer shall not be given bythe licensing authority if proceedings, including an action to collectdelinquent sales tax payments pursuant to W.S. 12-2-306, are pending tosuspend, revoke or otherwise penalize the original license or permit holder. Atransfer of a license or permit shall require the payment of an additionallicense fee to the appropriate licensing authority of not more than one hundreddollars ($100.00) for the transfer, and upon assignment the assignee mayexercise the privilege of continuing the business authorized by the license orpermit.

 

12-4-602. Annexations; transfer of licensing jurisdiction; licensestransferred exempt from population formula.

 

(a) The licensed premises of a license issued by a county whichis located within an area annexed into the corporate limits of a city or townshall be transferred to the licensing jurisdiction of that city or town.

 

(b) Any transfer of jurisdiction provided within this sectionshall not require the payment of any additional fee for the transfer.

 

(c) A county license transferred within the jurisdiction of acity or town pursuant to annexation shall not be transferred to or renewed ondifferent premises within the city or town for a period of six (6) years afterthe transfer of jurisdiction.

 

(d) A license transferred pursuant to annexation shall beexempt from the population formula restrictions provided by W.S. 12-4-201 and12-4-413.

 

(e) As used in this section, "license" includes acounty malt beverage permit. A city or town shall charge the same fee for acounty malt beverage permit as the county.

 

12-4-603. Annexation of retail liquor license or malt beverage permitinto 5-mile zone; renewal.

 

(a) A county retail liquor license or malt beverage permithaving licensed premises located within a five (5) mile zone around anincorporated city or town because of annexation of property shall not be deniedan application for renewal by reason of annexation alone. The license or permitshall be subject to renewal by the county licensing authority in the samemanner as if the licensed premises were beyond the five (5) mile zone around acity or town.

 

(b) A county retail liquor license or malt beverage permitrenewed in accordance with subsection (a) of this section shall not be transferredto or renewed on different premises within a five (5) mile zone around anincorporated city or town for a period of six (6) years following the date ofannexation of property.

 

12-4-604. Transfer or sale of license or permit; attachment, garnishmentor execution.

 

Nolicense or permit shall be transferred or sold except as provided by W.S.12-4-601 through 12-4-603, used for any place not described in the license orpermit at the time of issuance or subject to attachment, garnishment or execution.

 

ARTICLE 7 - FORMS

 

12-4-701. Duty to prepare and furnish.

 

TheWyoming attorney general shall prepare and furnish to each city, town andcounty a form for liquor licenses and malt beverage permits. A license on aform other than as prescribed by the attorney general is invalid.

 

12-4-702. Signature and attestation; contents; display required.

 

(a) Each license issued by a city or town shall be signed bythe mayor and attested by the clerk. Each license issued by a county shall besigned by the chairman of the board of county commissioners and attested by thecounty clerk.

 

(b) The following shall be shown in each license:

 

(i) The name of the licensee;

 

(ii) A description of the place in which alcoholic or maltbeverages may be sold;

 

(iii) The date of issuance;

 

(iv) The amount of the fee; and

 

(v) That the fee has been paid.

 

(c) Each licensee shall display his license in a conspicuousplace in the licensed room.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter4

CHAPTER 4 - LOCAL LICENSES

 

ARTICLE 1 - APPLICATIONS

 

12-4-101. Authority of cities, towns and counties; population figures;number of available licenses and permits; assessment and payment of fees.

 

(a) Incorporated cities, towns and counties within Wyomingshall license and regulate or prohibit the retail sale of alcoholic and maltbeverages under this title. Nothing in this title prohibits a licensingauthority of an incorporated city, town or county from issuing less than thetotal number of allowable retail liquor licenses pursuant to W.S. 12-4-201,less than the allowable bar and grill liquor licenses pursuant to W.S. 12-4-413or from refusing to issue any license or permit authorized by this title.

 

(b) Population figures are based upon the official ten (10)year federal census preceding the time of application. Population figures basedupon the official census shall be periodically revised by a state populationestimate no later than five (5) years after the federal census publicationdate.

 

(c) Population figures and estimates required by subsection (b)of this section shall be furnished to the appropriate licensing authoritieswithin the state by the department of administration and information usingpopulation estimates from the United States bureau of the census. The maximumnumber of licenses and permits available for issuance by a licensing authoritypursuant to the population formula provided by W.S. 12-4-201 and 12-4-413,shall be certified and distributed by the commission.

 

(d) Unless otherwise provided, the licensing authority shalluniformly assess license or permit fees annually for each particular class oflicense or permit. Applicants for a license or permit shall pay the requiredfee in cash or by certified check upon receipt of the license or permit.

 

12-4-102. Application for licenses and permits; contents; signatureand verification.

 

(a) Any person desiring a license or permit authorized by thistitle shall apply to the appropriate licensing authority. The application shallbe made under oath upon a form to be prepared by the attorney general andfurnished to the licensing authority. The application shall be filed in theoffice of the clerk of the appropriate licensing authority and shall containthe following provisions:

 

(i) The location and a description of the room in which theapplicant will sell under the license if the building is in existence at thetime of application. If the building is not in existence, the location and anarchitect's drawing or suitable plans of the room and premises to be licensed;

 

(ii) The age and residence of the applicant, and of eachapplicant or partner if the application is made by more than one (1) individualor by a partnership;

 

(iii) A disclosure of any criminal record of the applicant or anypartner equal to a felony conviction under Wyoming law and of any convictionfor a violation of Wyoming law relating to the sale or manufacture of alcoholicliquor or malt beverages within ten (10) years prior to the filing of theapplication; and

 

(iv) If the applicant is a corporation:

 

(A) The name, age and residence of each officer, director andstockholder holding, either jointly or severally, ten percent (10%) or more ofthe outstanding and issued capital stock of the corporation; and

 

(B) Whether any officer, director or stockholder with tenpercent (10%) or more ownership has been convicted of a violation of law asprovided in paragraph (iii) of this subsection.

 

(v) If the applicant is a limited liability company:

 

(A) The name, age and residence of each officer, manager andmember holding, either jointly or severally, ten percent (10%) or more of theoutstanding ownership of the limited liability company; and

 

(B) If any officer, manager or member with ten percent (10%) ormore ownership has been convicted of a violation of law as provided underparagraph (a)(iii) of this subsection.

 

(vi) A statement indicating the financial condition andfinancial stability of a new applicant;

 

(vii) The site and the zoning of the site where the applicantwill sell under the license;

 

(viii) If application is for a retail license renewal, theapplicant shall provide documentation to the local licensing authority thatminimum purchase requirements specified in W.S. 12-4-103(c) have been met.

 

(b) No person or partner shall have any interest, directly orindirectly, in a license or permit unless he signs and verifies the applicationfor the license or permit. No corporation shall be granted a license or permitunless two (2) or more of the officers or directors sign and verify theapplication on behalf of the corporation and also verify upon their oath asindividuals that the statements and provisions contained therein are true,except that if all the stock of the corporation is owned by one (1) individualthen that individual may sign and verify the application and verify upon hisoath that the statements and provisions contained therein are true. No limitedliability company shall be granted a license or permit unless at least one (1)of the officers, managers, or if there are no officers or managers, at leastone (1) of the members who is duly authorized to act on behalf of the limitedliability company signs and verifies the application on behalf of the companyand also verifies upon his oath that the statements and provisions containedtherein are true.

 

(c) Corporate and limited liability company licensees andpermittees shall advise the licensing authority within thirty (30) days inwriting of any change in the information in the application required byparagraphs (a)(iv) or (v) of this section. The licensing authority shallprovide the commission a copy of a notification of change.

 

12-4-103. Restrictions upon license or permit applicants and holders;license limitation per person.

 

(a) A license or permit authorized by this title shall not beheld by, issued or transferred to:

 

(i) Any mayor, member of a city or town council or countycommissioner within their respective jurisdiction;

 

(ii) Any person employed by the state or a city, town or countyas a law enforcement officer or who holds office as a law enforcement officerthrough election;

 

(iii) Any person who does not own the building in which the salesroom is located or hold a written lease for the period for which the licensewill be effective containing an agreement by the lessor that alcoholic or maltbeverages may be sold upon the leased premises, except as provided by paragraph(iv) of this subsection;

 

(iv) Any licensee who fails to demonstrate that his licensedalcoholic or malt beverage enterprise will be operational in a planned but notphysically functional building within two (2) years after a license or permithas been issued or transferred, or if holding a license, fails to open hisbusiness in a functional building within two (2) years after license issuanceor transfer. Upon a showing of good cause by the licensee and for anadditional period of not to exceed one (1) year, the local licensing authoritymay extend the time period in which the business or enterprise of the licenseeis required to become operational or open for business pursuant to thisparagraph. Any license or permit in violation of this paragraph shall not berenewed by the local licensing authority;

 

(v) Repealed By Laws 1996, ch. 122, 3.

 

(vi) A manufacturer of alcoholic beverages or wholesaler of maltbeverages;

 

(vii) A person under eighteen (18) years of age;

 

(viii) A college fraternity or organization created by one (1) ormore college fraternities;

 

(ix) A chamber of commerce, except for twenty-four (24) hourmalt beverage permits issued pursuant to W.S. 12-4-502;

 

(x) A corporation, limited liability company, limitedpartnership, or limited liability partnership which has not qualified to dobusiness in Wyoming;

 

(xi) An individual who is not a resident; or

 

(xii) Any general partnership or group of two (2) or more personsunless each person interested, directly or indirectly, is a resident orqualified to do business in this state.

 

(b) Except as provided in W.S. 12-4-301(e), no licensingauthority shall issue more than one (1) license or permit to any one (1)person.

 

(c) Except as provided in subsection (d) of this section, alicense or permit authorized by this title shall not be renewed if the licenseeor permittee did not, during the previous one (1) year term of the license orpermit, purchase at least five hundred dollars ($500.00) of alcoholic or maltbeverages or a combination thereof from the commission or any authorized maltbeverage wholesaler. A retail liquor license shall not be renewed if thelicensee did not, during the previous one (1) year term of the license,purchase at least two thousand dollars ($2,000.00) of alcoholic or malt beveragesor a combination thereof from the commission or any authorized malt beveragewholesaler.

 

(d) Subsection (c) of this section shall not apply to:

 

(i) Any licensee or permittee having a planned but notphysically functional building pursuant to paragraph (a)(iv) of this section;

 

(ii) Holders of special permits issued under article 5 of thischapter;

 

(iii) Holders of a limited transportation liquor license underW.S. 12-2-202.

 

12-4-104. Publication of notice; grant or denial; renewal preference;copy of application and notice to commission; judicial review.

 

(a) When an application for a license, permit, renewal or anytransfer of location or ownership thereof has been filed with a licensingauthority, the clerk shall promptly prepare a notice of application, place thenotice conspicuously upon the premises shown by the application as the proposedplace of sale and publish the notice in a newspaper of local circulation once aweek for four (4) consecutive weeks. The notice shall state that a named applicanthas applied for a license, permit, renewal or transfer thereof, and thatprotests against the issuance, renewal or transfer of the license or permitwill be heard at a designated meeting of the licensing authority. Eachapplicant shall, at the time of filing his application, pay the clerk an amountsufficient to cover the costs of publishing notice. Notices may besubstantially in the following form:

 

NOTICE OF APPLICATION FOR A ....

 

Notice is hereby giventhat on the .... day of .... (year) (name of applicant) filed an applicationfor a .... license (permit), in the office of the clerk of the city (or town orcounty) of .... for the following described place (and room) (insertdescription) and protests, if any there be, against the issuance (transfer orrenewal) of the license (permit) will be heard at the hour of ....M., on the.... day of .... (year), in the (meeting place of the governing body).

 

Dated.... Signed ....

 

(b) Any license or permit authorized under this title shall notbe issued, renewed or transferred until on or after the date set in the noticefor hearing protests. If a renewal or transfer hearing, the hearing shall beheld no later than thirty (30) days preceding the expiration date of thelicense or permit. A license or permit shall not be issued, renewed ortransferred if the licensing authority finds from evidence presented at thehearing:

 

(i) The welfare of the people residing in the vicinity of theproposed license or permit premises shall be adversely and seriously affected;

 

(ii) The purpose of this title shall not be carried out by theissuance, renewal or transfer of the license or permit;

 

(iii) The number, type and location of existing licenses orpermits meet the needs of the vicinity under consideration;

 

(iv) The desires of the residents of the county, city or townwill not be met or satisfied by the issuance, renewal or transfer of thelicense or permit; or

 

(v) Any other reasonable restrictions or standards which may beimposed by the licensing authority shall not be carried out by the issuance,renewal or transfer of the license or permit.

 

(c) The owner and holder of an expired liquor license or permitor one due for expiration has a preference right to a new license for the samelocation. After the required notice and a public hearing, each applicationclaiming renewal preference shall be promptly considered and acted upon by thelicensing authority.

 

(d) When any application is filed with a licensing authority,the licensing authority shall immediately forward a copy of the application tothe commission. No licensing authority shall approve or deny an applicationuntil the commission has certified the application is complete pursuant to thissubsection. All applications shall be deemed to be certified unless objectionis made by the commission within ten (10) working days after receipt of theapplication. Upon approval or denial of an application, the licensing authorityshall promptly notify the commission.

 

(e) An applicant for a renewal license or permit may appeal tothe district court from an adverse decision by the licensing authority. Noapplicant for a new license shall have a right of appeal from the decision ofthe licensing authority denying an application.

 

(f) Upon an appeal the person applying for a license andclaiming renewal preference shall be named as plaintiff, with the licensingauthority named as defendant. During the pendency of an appeal, a renewallicense denied by a licensing authority shall not be granted to any otherapplicant. Upon notice of appeal the clerk shall transmit to the clerk of thedistrict court a certified copy of the application, of each protest if any, andof the minutes recording the decision appealed from. The appeal shall be heardas a trial de novo with evidence taken and other proceedings had as in thetrial of civil actions. The court may accept and consider as part of the recordcertified documents forwarded to the court by the clerk of the licensingauthority. The case shall be heard promptly and the procedure shall conform tothe Wyoming Rules of Civil Procedure unless other procedures are provided foror required.

 

12-4-105. Disposition of license fees; refunds prohibited.

 

Allfees for licenses and permits issued by a licensing authority paid under thistitle shall be deposited into the treasury of the licensing authority. Norefund of all or any part of a license fee shall be made at any time followingissuance.

 

12-4-106. Term of license and permit; exception.

 

(a) A license or permit is considered a personal privilege tothe holder and the term of the license or permit is for one (1) year unlesssooner revoked. When a valid license or permit is determined to be part of theestate of a deceased holder, the administrator or executor of the estate mayexercise the privilege of the deceased under the license or permit until theexpiration of the license or permit.

 

(b) The term of a license or permit may be less than one (1)year if specified by the licensing authority to coincide with the annual dateor dates set by the authority for consideration of license and permit issuance,renewals and transfers. A licensing authority issuing a license or permit for aterm less than one (1) year shall pro-rate the annual fee accordingly. Any licenseenot attempting to renew a newly issued pro-rated license or permit valid forone (1) year shall not be eligible for any license or permit authorized underthis title for a period of two (2) years after the expiration date of thepro-rated license or permit.

 

ARTICLE 2 - RETAIL LICENSES AND PERMITS

 

12-4-201. Retail liquor licenses and malt beverage permits; populationformulas; fees.

 

(a) A retail liquor license is the authority under which alicensee is permitted to sell alcoholic liquor or malt beverages for use orconsumption but not for resale.

 

(b) A malt beverage permit is the authority under which thelicensee is permitted to sell malt beverages only.

 

(c) Repealed by Laws 1979, ch. 156, 4.

 

(d) The number of retail liquor licenses issued shall be basedon the following population formula:

 

(i) Not more than two (2) licenses in incorporated towns offive hundred (500) population or less;

 

(ii) Not more than one (1) additional license for eachadditional five hundred (500) population or major fraction thereof inincorporated cities or towns up to a population of nine thousand five hundred(9,500); and

 

(iii) Not more than one (1) additional license for eachadditional full three thousand (3,000) population over nine thousand five hundred(9,500).

 

(e) The license fee to be assessed for a retail liquor licenseshall be not less than three hundred dollars ($300.00) nor more than onethousand five hundred dollars ($1,500.00) payable annually in advance.

 

(f) Retail liquor licenses and malt beverage permits may begranted by the county commissioners as the appropriate licensing authority in acounty outside of incorporated cities and towns as follows:

 

(i) One (1) retail liquor license issued for each five hundred(500) population residing outside cities and towns; but

 

(ii) No more than three (3) retail liquor licenses issued forlocations within five (5) miles of the corporate limits of a city or town; and

 

(iii) Malt beverage permits may be issued for county locationsbeyond a five (5) mile zone around incorporated cities and towns without regardto population.

 

(g) The license fee for county retail liquor licenses withinfive (5) miles of a city or town shall not be less than the comparable feecharged by the adjacent town and all license fees and taxes shall be assessedas provided by law.

 

(h) The license fee assessed by a county for malt beveragepermits shall be not less than one hundred dollars ($100.00) nor more than onethousand five hundred dollars ($1,500.00).

 

12-4-202. Licenses or permits issued prior to April 1, 1961;replacements.

 

Retailliquor licenses or other permits issued prior to April 1, 1961 are not subjectto nonrenewal due to the application of population formulas or municipalboundary requirements provided by W.S. 12-4-201. If a license or permit is notrenewed for any other reason it shall not be reissued until circumstances arein conformance with the requirements of W.S. 12-4-201.

 

12-4-203. Repealed by Laws 1985, ch. 92, 3.

 

ARTICLE 3 - SPECIAL CLUB LICENSES

 

12-4-301. Sales by clubs; license fees; petition; licenserestrictions.

 

(a) Bona fide clubs as defined by W.S. 12-1-101(a)(iii) may belicensed by the appropriate licensing authority under a limited retail liquorlicense for which the licensee shall pay a license fee of not less than onehundred dollars ($100.00) nor more than one thousand five hundred dollars($1,500.00) annually in advance.

 

(b) At least fifty-one percent (51%) of the membership of asocial club as defined by W.S. 12-1-101(a)(iii)(E) shall sign a petitionindicating a desire to secure a limited retail liquor license. The form of thepetition shall be prescribed by the commission and shall include the residenceaddress of each member signing the petition.

 

(c) Except as otherwise provided by W.S. 12-5-201(g), a clubholding a limited retail license shall not sell alcoholic or malt beverages forconsumption anywhere except within the licensed premises and for consumption byits members and their accompanied guests only. It shall be the duty andobligation of the club to check and regulate sales to members and theiraccompanied guests to insure that all alcoholic or malt beverages sold areconsumed within the building, space or premises.

 

(d) Repealed by Laws 1985, ch. 92, 3.

 

(e) Notwithstanding W.S. 12-4-103(b), a political subdivisionof the state may hold no more than two (2) club limited retail liquor licensesfor golf courses owned, maintained or operated by that political subdivision inaddition to any other license held by that political subdivision.

 

12-4-302. Repealed By Laws 2001, Ch. 103, 2.

 

12-4-303. Repealed By Laws 2001, Ch. 103, 2.

 

ARTICLE 4 - RESORT AND RESTAURANT LIQUOR LICENSES

 

12-4-401. Resort retail liquor licenses; authorized; qualifications;provision for licenses issued prior to January 1, 1980.

 

(a) The appropriate licensing authority in a county, city ortown may issue resort retail liquor licenses to applicants who are owners orlessees of a resort complex meeting the qualifications of subsection (b) ofthis section.

 

(b) To qualify for a resort retail liquor license, theappropriate licensing authority shall require the resort complex to:

 

(i) Have an actual valuation of, or the applicant shall havecommitted or expended on the complex, not less than one million dollars($1,000,000.00), excluding the value of the land;

 

(ii) Include a restaurant and a convention facility, whichconvention facility shall seat no less than one hundred (100) persons; and

 

(iii) Include motel or hotel accommodations with a minimum of onehundred (100) sleeping rooms.

 

(c) Nothing contained within this section shall have any effecton resort liquor licenses issued prior to January 1, 1980, or to the right orrenewal of a resort liquor license.

 

12-4-402. Repealed by Laws 1979, ch. 156, 3.

 

12-4-403. Population formula not applicable; transfer.

 

(a) The provisions authorizing resort liquor licenses have noapplication to the population formula limiting retail liquor licenses asprovided by W.S. 12-4-201.

 

(b) No resort liquor license may be transferred to anotherlocation. License ownership may be transferred to a purchaser or licensee ofthe licensed premises with the approval of the licensing authority.

 

12-4-404. Sale of beverages for off-premises consumption prohibited.

 

Resortliquor licensees shall not sell alcoholic or malt beverages for consumption offthe premises owned or leased by the licensee, except pursuant to a cateringpermit. The dispensing of alcoholic or malt beverages licensed to be soldhereunder shall be controlled by W.S. 12-5-201 and if a catering permit hasbeen issued by W.S. 12-4-502(b).

 

12-4-405. Annual fee.

 

Theannual fee for a resort liquor license shall be not less than five hundreddollars ($500.00) nor more than three thousand dollars ($3,000.00).

 

12-4-406. Repealed by Laws 1979, ch. 156, 3.

 

12-4-407. Restaurant liquor license; authorized.

 

(a) Restaurants as defined by W.S. 12-1-101(a)(xiv) may belicensed by the appropriate licensing authority in counties, cities and townsunder a restaurant liquor license. In addition to the application requirementsrequired by this title, the license applicant shall submit a valid food servicepermit upon application. When the total dollar amount of wholesale purchasesfrom the liquor commission of liquor in a county is greater than fifty (50)times the county population, then population formulas have no application toissuance of restaurant liquor licenses within the county.

 

(b) Repealed by Laws 1985, ch. 92, 3.

 

(c) After the maximum number of appropriate licenses has beencertified by the commission, the number of restaurant liquor licenses issuedshall not exceed fifty percent (50%) of the number of retail liquor licensesallowable under W.S. 12-4-201(d), or two (2), whichever is greater.

 

(d) Any person presently holding a limited retail liquorlicense and otherwise qualified for a restaurant liquor license under W.S.12-1-101(a)(xiv) and 12-4-407 through 12-4-411 may be issued a restaurantliquor license by the appropriate licensing authority. Licenses issued underthis subsection shall not be considered in the number of licenses authorizedunder subsection (c) of this section.

 

12-4-408. Revenues of licensee to be derived primarily from foodservices and not the sale of alcoholic beverages; annual report.

 

(a) An applicant for a restaurant liquor license shall satisfythe appropriate licensing authority that the primary source of revenue from theoperation of the restaurant to be licensed will be derived from food servicesand not from the sale of alcoholic or malt beverages.

 

(b) When renewing a restaurant liquor license, the appropriatelicensing authority shall condition renewal upon a requirement that not lessthan sixty percent (60%) of gross sales from the preceding twelve (12) monthsoperation of a licensed restaurant be derived from food services.

 

(c) Upon application for license renewal, a license holdershall submit an annual report to the licensing authority on the sales of thelicensed restaurant. The report shall contain the annual gross sales figures ofthe restaurant and shall separate the gross sales figures into two (2)categories:

 

(i) Food service sales; and

 

(ii) Alcoholic and malt beverage sales.

 

12-4-409. Transfer of licenses.

 

Norestaurant liquor license shall be transferred to another location. Licenseownership may be transferred to a purchaser or lessee of the licensed premiseswith the approval of the appropriate licensing authority.

 

12-4-410. Sale of alcoholic beverages for off-premises consumptionprohibited; location, regulation and restrictions on dispensing of liquor;prohibiting certain activities.

 

(a) Except as provided in subsection (e) of this section,restaurant liquor licensees shall not sell alcoholic or malt beverages forconsumption off the premises owned or leased by the licensee. Except asprovided in subsections (b) and (e) of this section, alcoholic or maltbeverages shall be served for on-premises consumption only in dining areaswhich are adequately staffed and equipped for all food services offered by therestaurant.

 

(b) Alcoholic and malt beverages shall be dispensed andprepared for consumption in one (1) room upon the licensed premises separatedfrom the dining area in which alcoholic and malt beverages may be served and inthe case of a golf course upon which a restaurant liquor license is operationalor in the case of a guest ranch upon which a retail or restaurant liquorlicense is operational, at dispensing areas on the premises of the golf courseor guest ranch as permitted by the licensing authority. No consumption ofalcoholic or malt beverages shall be permitted within the dispensing room, norshall any person other than employees over eighteen (18) years of age bepermitted to enter the dispensing room. If a restaurant has a dispensing roomseparate from the dining area which is licensed prior to February 1, 1979 forpurposes of alcoholic or malt beverage sales and consumption, the restaurantmay dispense alcoholic or malt beverages in the separate dispensing room undera restaurant liquor license, and any person over eighteen (18) years of age ispermitted to enter the separate dispensing room.

 

(c) All sales of alcoholic and malt beverages authorized by arestaurant liquor license shall cease at the time food sales and services ceaseor at the hours specified by W.S. 12-5-101(a) if food sales and services extendbeyond the hours specified therein.

 

(d) No restaurant liquor licensee shall promote the restaurantas a bar and lounge nor shall the licensee compete with a retail liquorlicensee in activities other than dinner functions, including, but not limitedto, dances, receptions and other social gatherings. Nothing in this subsectionshall require a restaurant liquor licensee to reconstruct or remodel licensedpremises existing on or before June 8, 1989.

 

(e) A restaurant liquor licensee may permit a patron to removeone (1) unsealed bottle of wine for off-premises consumption provided that thepatron has purchased a full course meal and consumed a portion of the bottle ofwine with the meal on the restaurant premises. For purposes of thissubsection the term "full course meal" shall mean a diversifiedselection of food which is ordinarily consumed with the use of tableware andcannot conveniently be consumed while standing or walking. A partiallyconsumed bottle of wine that is to be removed from the premises pursuant tothis subsection shall be securely sealed by the licensee or an agent of thelicensee and placed in a tamper-proof transparent bag which shall also besecurely sealed prior to removal from the premises, so that it is visiblyapparent that the resealed bottle of wine has not been tampered with. Thelicensee or agent of the licensee shall provide a dated receipt for the bottleof wine to the patron. Wine which is resealed in accordance with theprovisions of this subsection shall not be deemed an open container forpurposes of W.S. 31-5-235.

 

12-4-411. License fee.

 

Theannual fee for a restaurant liquor license shall be no more than three thousanddollars ($3,000.00) and no less than five hundred dollars ($500.00). Thelicense fee for a county restaurant liquor license within five (5) miles of acity or town shall not be less than the restaurant liquor license fee chargedby that city or town.

 

12-4-412. Microbrewery and winery permits; authorized; conditions;dual permits and licenses; satellite winery permits; direct shipment of wine;fees.

 

(a) Subject to restrictions imposed under W.S. 12-4-103excluding W.S. 12-4-103(a)(vi), a local licensing authority may issue:

 

(i) A microbrewery permit authorizing a permit holder to brew amalt beverage and dispense the brewed malt beverage for on-premises and limitedoff-premises personal consumption;

 

(ii) A winery permit authorizing a permit holder to manufacturewine and dispense the manufactured wine for on-premises and limitedoff-premises personal consumption.

 

(b) The local licensing authority:

 

(i) May allow the sale of other malt beverages under a microbrewerypermit for on-premises consumption when obtained through licensed wholesalemalt beverage distributors;

 

(ii) May allow the sale of other wines under a winery permit foron-premises consumption when obtained from the commission;

 

(iii) May approve the dual holding of a microbrewery permit orwinery permit and one (1) of the following:

 

(A) A retail liquor license as provided in W.S. 12-4-101through 12-4-202;

 

(B) Subject to subsection (c) of this section, a restaurantlicense as provided in W.S. 12-4-411;

 

(C) A resort license as provided in W.S. 12-4-401 through12-4-405;

 

(D) A microbrewery permit as provided under paragraph (a)(i) ofthis section;

 

(E) A winery permit as provided under paragraph (a)(ii) of thissection; or

 

(F) Subject to subsection (e) of this section, a bar and grillliquor license as provided in W.S. 12-4-413.

 

(iv) May allow the microbrewery to sell on site its brewedproduct for off-premises personal consumption, not for retail sale, inpackaging of bottles, cans or packs of an aggregate volume not to exceed twothousand (2,000) ounces per sale;

 

(v) May allow the winery to sell its manufactured wine on sitefor off-premises personal consumption, not for retail sale, in packaging ofbottles of an aggregate volume not to exceed two thousand twenty-eight (2,028)ounces per sale;

 

(vi) Shall limit the number of microbreweries or the number ofwineries to no more than those allowed in W.S. 12-4-201(d) for each permit;

 

(vii) May allow the transfer of a microbrewery or winery permitto another location and ownership of the microbrewery or winery may betransferred upon approval by the local licensing authority; and

 

(viii) Shall assess a fee of not less than three hundred dollars($300.00) nor more than five hundred dollars ($500.00) payable annually inadvance for each microbrewery or winery permit. When dual ownership of amicrobrewery or winery permit and a liquor license exists no additional feeshall be assessed other than the retail, restaurant or resort license fee.

 

(c) W.S. 12-4-410 shall apply to any person holding amicrobrewery or winery permit and a restaurant liquor license pursuant tosubparagraph (b)(iii)(B) of this section, except the dual holder:

 

(i) May provide a separate dining area in which the brewed maltbeverage or manufactured wine may be dispensed which shall be separate from anydining area in which persons age eighteen (18) or under are permitted toenter. The dining room in which the malt beverages or wines are dispensedshall not be considered the dispensing room for purposes of the restaurantliquor license;

 

(ii) May sell the brewed malt beverage or manufactured wine forlimited off-premises personal consumption pursuant to paragraphs (b)(iv) and(v) of this section;

 

(iii) May upon cessation of full service restaurant operations,serve a limited menu and continue to serve malt beverages authorized under themicrobrewery permit or wines authorized under the winery permit; and

 

(iv) Shall not include sales of malt beverages or wines authorizedunder the microbrewery or winery permit, or sales other than food service andalcoholic beverages in the annual gross sales report required under W.S.12-4-408(c).

 

(d) In addition to subsection (b) of this section, the locallicensing authority may issue to the holder of a winery permit under thissection a satellite winery permit which allows the permittee to sell itsmanufactured wine at up to three (3) satellite locations within Wyomingseparate from its licensed manufacturing site under the original permit fee.The satellite winery permit may be issued on application to the appropriatelicensing authority. The local licensing authority may require a public hearingand the payment of an additional permit fee not to exceed one hundred dollars($100.00) regardless of the number of satellite locations. The satellite winerypermit shall be subject to the terms and conditions of W.S. 12-4-106, theschedule of operating hours provided in W.S. 12-5-101 and the dispensing roomprovisions of W.S. 12-5-201.

 

(e) The provisions of W.S. 12-4-413 shall apply to any personholding a microbrewery or winery permit and a bar and grill liquor licensepursuant to subparagraph (b)(iii)(F) of this section, except the dual holder:

 

(i) May sell the brewed malt beverage or manufactured wine forlimited off-premise personal consumption pursuant to paragraphs (b)(iv) and (v)of this section;

 

(ii) May upon cessation of full service restaurant operationsserve a limited menu and continue to serve malt beverages authorized under themicrobrewery permit or wines authorized under the winery permit; and

 

(iii) Shall not include sales of malt beverages or winesauthorized under the malt beverage or winery permit, or sales other than foodservice and alcoholic beverages, in the annual gross sales report requiredunder W.S. 12-4-408(c).

 

(f) Notwithstanding paragraph (b)(v) of this section and W.S.12-5-201, any person holding a winery permit as provided by this section, maysell and ship no more than a total of eighteen (18) liters of its manufacturedwine directly to any one (1) household in this state in any twelve (12) monthperiod.

 

(g) Notwithstanding paragraph (b)(v) of this section and W.S.12-5-201, any person holding a winery permit as provided by this section, maysell and ship its manufactured wine which is not listed with the liquordivision as part of its inventory and distribution operation to any Wyomingretail establishment which holds a liquor license in this state.

 

(h) Any licensed winery holding a winery permit pursuant tothis section shall:

 

(i) Not ship more than a total of eighteen (18) liters of itsmanufactured wine to any one (1) household in this state during any twelve (12)month period;

 

(ii) Offer to sell its manufactured wine to the liquor divisionat wholesale prices if the winery ships more than ninety (90) liters total ofany of its manufactured wine to any combination of households or licensedretailers in this state;

 

(iii) Ship its manufactured wine only to individuals who are atleast twenty-one (21) years of age for such individual's personal use and notfor resale;

 

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

 

(v) Ensure that all of its shipments within this state are madeby a duly licensed carrier and further ensure that such carriers comply withthe requirement to obtain an adult signature;

 

(vi) File a monthly report of wines shipped out of state on aform provided by the liquor division and include a copy of the invoice for eachshipment of their own manufactured wine subject to the following:

 

(A) The report shall be filed with the liquor division notlater than the tenth of the month following the month in which the shipment wasmade;

 

(B) Any report filed late with the liquor division shall besubject to a late filing fee of twenty-five dollars ($25.00).

 

(vii) Maintain records for at least three (3) years that 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.

 

12-4-413. Bar and grill liquor license; authorized; requirements.

 

(a) Restaurants as defined by W.S. 12-1-101(a)(xiv) may belicensed by the appropriate licensing authority in counties, cities and townsunder a bar and grill liquor license. In addition to the applicationrequirements required by this title, the license applicant shall submit a validfood service permit upon application.

 

(b) The number of bar and grill liquor licenses for cities andtowns shall be based on the following population formula:

 

(i) Not more than one (1) license in incorporated cities ortowns of seven thousand five hundred (7,500) or less;

 

(ii) Not more than two (2) licenses for population inincorporated cities between seven thousand five hundred one (7,501) and fifteenthousand (15,000); and

 

(iii) Not more than three (3) for population in incorporatedcities between fifteen thousand one (15,001) and twenty-seven thousand fivehundred (27,500); and

 

(iv) Not more than one (1) additional license for eachadditional twelve thousand five hundred (12,500) population in incorporatedcities over twenty-seven thousand five hundred (27,500).

 

(c) Bar and grill liquor licenses may be granted by the countycommissioners as the appropriate licensing authority in a county outside ofincorporated cities and towns as follows:

 

(i) One (1) license for each seven thousand five hundred(7,500) population residing outside incorporated cities and towns.

 

(d) The license fee assessed for a bar and grill liquor licenseshall be not less than one thousand five hundred dollars ($1,500.00) nor morethan ten thousand five hundred dollars ($10,500.00).

 

(e) A bar and grill liquor license shall not be sold,transferred or assigned by the holder.

 

(f) Bar and grill liquor licenses shall be subject to theprovisions of W.S. 12-4-408 and 12-4-410(c) to the same extent those provisionsare applicable to restaurant liquor licenses. Bar and grill liquor licenseesshall not sell alcoholic or malt beverages for consumption off the premisesowned or leased by the licensee except as allowed under W.S. 12-4-410(e).

 

ARTICLE 5 - SPECIAL PERMITS

 

12-4-501. Malt beverage permit for University of Wyoming; fee; rulesand regulations.

 

(a) Upon an application to the city of Laramie for a maltbeverage permit, the city shall issue a special malt beverage permit to theboard of trustees of the University of Wyoming for sale of malt beverages drawnonly from kegs at the student union on the campus of the University of Wyoming.The issuance of a malt beverage permit shall not be considered an alcoholicbeverage permit issued on the basis of population as provided in W.S. 12-4-201.

 

(b) The fee for the permit provided by subsection (a) of thissection is one hundred dollars ($100.00).

 

(c) The board of trustees of the University of Wyoming shallprovide rules and regulations for the following:

 

(i) Location of the dispensing rooms in which malt beveragesmay be sold;

 

(ii) Furnishings and other features of the dispensing rooms;

 

(iii) The hours and days of the operation of the dispensingrooms, which shall be within the following limits:

 

(A) Monday through Thursday, 3:00 p.m. to 10:00 p.m.;

 

(B) Friday, 3:00 p.m. to 12:00 midnight;

 

(C) Saturday, 10:00 a.m. to 12:00 midnight.

 

(iv) Whether food may be sold in the dispensing rooms;

 

(v) A uniform procedure of age identification for allpurchasers;

 

(vi) Locations within the student union where malt beverages maybe consumed; and

 

(vii) Such other rules and regulations necessary to carry out thepurposes of this section.

 

(d) Repealed By Laws 2001, Ch. 105, 2.

 

(e) The board of trustees may prohibit dispensing maltbeverages by any seller designated under paragraph (c)(iv) of this section, forany period less than ninety (90) days, upon information that violations ofstate law have occurred.

 

12-4-502. Twenty-four hour malt beverage permit and catering permit;restrictions; application procedure; fees.

 

(a) A malt beverage permit authorizing the sale of maltbeverages only may be issued by the appropriate licensing authority to anyresponsible person or organization for sales at a picnic, bazaar, fair, rodeo,special holiday or similar public gathering. No person or organization holdingthe special permit shall sell any alcoholic liquor other than malt beverages onthe premises described on the permit, nor shall any malt beverage be sold orconsumed off the premises authorized by the permit. W.S. 12-5-201 does notapply to this subsection.

 

(b) A catering permit authorizing the sale of alcoholic andmalt beverages may be issued by the appropriate licensing authority to anyperson holding a retail or resort retail liquor license authorizing theoff-premises sale of both alcoholic and malt beverages, for sales at meetings,conventions, private parties and dinners or at other similar gatherings notcapable of being held within the licensee's licensed premises. No licenseeholding a catering permit shall sell or permit consumption of any alcoholic ormalt beverage off the premises described in the permit. Notwithstanding anyother provision of this subsection, closed-container items sold at auction forthe benefit of a nonprofit organization may be taken off-premises.

 

(c) The permits authorized by this section shall be issued forone (1) twenty-four (24) hour period, subject to the schedule of operatinghours provided by W.S. 12-5-101. No person or organization shall receive morethan a total of twelve (12) malt beverage and twenty-four (24) catering permitsfor sales at the same premises in any one (1) year, except that this limitationshall not be applicable to malt beverage permits issued for sales at any fair,rodeo, pari-mutuel event or other similar public event conducted by a publicentity upon public premises.

 

(d) The malt beverage permit and the catering permit shall beissued on application to the appropriate licensing authority without publicnotice or hearing. An application for a malt beverage permit or catering permitunder this section shall be accompanied by a designation of the event for whichthe application is sought specifying the type of event and the name of thesponsor. Any applicant applying for a permit authorized by this section andhaving licensed premises located within a jurisdiction other than thatjurisdiction to which application is made, shall secure the written approval ofthe licensing authority of that jurisdiction in which the licensed premises arelocated prior to filing an application for a permit.

 

(e) The fee for the malt beverage permit and the cateringpermit shall be not less than ten dollars ($10.00) nor more than one hundreddollars ($100.00) per twenty-four (24) hour period, payable to the appropriatelicensing authority.

 

12-4-503. Repealed by Laws 1979, ch. 156, 3.

 

12-4-504. Special malt beverage permit for public auditoriums, civiccenters or events centers.

 

(a) The appropriate licensing authority in a county, city ortown may issue a special malt beverage permit to any responsible person ororganization for sales of malt beverages at public auditoriums, civic centersor events centers meeting the qualifications of subsection (b) of this section.

 

(b) To qualify for a special malt beverage permit as authorizedpursuant to this section the appropriate licensing authority shall requirethat:

 

(i) The public auditorium, civic center or events center shallbe an enclosed building owned by the county, city or town containing meetingrooms, kitchen facilities and at least one (1) auditorium which has a seatingcapacity for no less than five thousand (5,000) persons and is used for publicgatherings;

 

(ii) The person or organization holds a written agreement withthe owner of the public auditorium, civic center or events center giving saidperson the right to sell concessions within the building for the period forwhich the license will be effective.

 

(c) No person or organization holding the special malt beveragepermit shall sell any alcoholic liquor other than malt beverages on thepremises described on the permit, nor shall any malt beverage be sold forconsumption off the premises authorized by the permit. It shall be the duty andobligation of the issuing body and the holder of the permit to see that nosales are made to any person under the age of twenty-one (21) years.

 

(d) The permits authorized by this section shall be issuedafter a hearing on application for a one (1) year period unless sooner revokedand the license fee shall be one thousand five hundred dollars ($1,500.00)payable annually in advance.

 

(e) The issuing body shall provide rules and regulations forthe following:

 

(i) The location of the dispensing rooms;

 

(ii) The furnishings and other features of the dispensing rooms;and

 

(iii) The hours and days of the operation of the dispensingrooms.

 

12-4-505. Malt beverage permit for state fair.

 

(a) Upon application, the appropriate licensing authority shallissue to the director of the department of agriculture a malt beverage permitfor the sale of malt beverages only on the state fairgrounds during the statefair. W.S. 12-5-201 does not apply to this subsection. The issuance of a maltbeverage permit under this subsection shall not be considered an alcoholicbeverage permit issued on the basis of population as provided in W.S.12-4-201. Malt beverages shall only be sold for consumption on the statefairgrounds in areas specifically designated by the director of the departmentof agriculture.

 

(b) The fee for the permit provided by subsection (a) of thissection is one hundred dollars ($100.00).

 

(c) The director of the department of agriculture shallpromulgate rules and regulations concerning:

 

(i) The location of the dispensing rooms;

 

(ii) The location of areas where malt beverages may be consumedon the state fairgrounds;

 

(iii) The furnishings and other features of the dispensing rooms;

 

(iv) The hours and days of the operation of the dispensingrooms;

 

(v) A uniform procedure of age identification for allpurchasers; and

 

(vi) Other rules and regulations necessary to carry out thepurposes of this section.

 

12-4-506. Repealed by Laws 2004, Ch. 73, 2.

 

ARTICLE 6 - SALE, ASSIGNMENT AND TRANSFER

 

12-4-601. Transfer of license location; transfer of ownership; fee.

 

(a) After public hearing and with the approval of the licensingauthority, a license or permit may be transferred to or renewed on differentpremises on the same basis as the original application. An additional licensefee of not more than one hundred dollars ($100.00) is required for theremaining term of the license or permit. A transferred license or permit shallexpire on the same date as the original license or permit.

 

(b) A licensee, or the executor or administrator of the estateof a deceased licensee, may assign and transfer the license or permit by a salemade in good faith. The assignment and transfer shall first have the approvalof the licensing authority, which consideration shall be based in part upon apublic hearing and an application filed under oath by the assignee ortransferee showing the person or entity to be qualified to hold a license orpermit under Wyoming law. The approval of the transfer shall not be given bythe licensing authority if proceedings, including an action to collectdelinquent sales tax payments pursuant to W.S. 12-2-306, are pending tosuspend, revoke or otherwise penalize the original license or permit holder. Atransfer of a license or permit shall require the payment of an additionallicense fee to the appropriate licensing authority of not more than one hundreddollars ($100.00) for the transfer, and upon assignment the assignee mayexercise the privilege of continuing the business authorized by the license orpermit.

 

12-4-602. Annexations; transfer of licensing jurisdiction; licensestransferred exempt from population formula.

 

(a) The licensed premises of a license issued by a county whichis located within an area annexed into the corporate limits of a city or townshall be transferred to the licensing jurisdiction of that city or town.

 

(b) Any transfer of jurisdiction provided within this sectionshall not require the payment of any additional fee for the transfer.

 

(c) A county license transferred within the jurisdiction of acity or town pursuant to annexation shall not be transferred to or renewed ondifferent premises within the city or town for a period of six (6) years afterthe transfer of jurisdiction.

 

(d) A license transferred pursuant to annexation shall beexempt from the population formula restrictions provided by W.S. 12-4-201 and12-4-413.

 

(e) As used in this section, "license" includes acounty malt beverage permit. A city or town shall charge the same fee for acounty malt beverage permit as the county.

 

12-4-603. Annexation of retail liquor license or malt beverage permitinto 5-mile zone; renewal.

 

(a) A county retail liquor license or malt beverage permithaving licensed premises located within a five (5) mile zone around anincorporated city or town because of annexation of property shall not be deniedan application for renewal by reason of annexation alone. The license or permitshall be subject to renewal by the county licensing authority in the samemanner as if the licensed premises were beyond the five (5) mile zone around acity or town.

 

(b) A county retail liquor license or malt beverage permitrenewed in accordance with subsection (a) of this section shall not be transferredto or renewed on different premises within a five (5) mile zone around anincorporated city or town for a period of six (6) years following the date ofannexation of property.

 

12-4-604. Transfer or sale of license or permit; attachment, garnishmentor execution.

 

Nolicense or permit shall be transferred or sold except as provided by W.S.12-4-601 through 12-4-603, used for any place not described in the license orpermit at the time of issuance or subject to attachment, garnishment or execution.

 

ARTICLE 7 - FORMS

 

12-4-701. Duty to prepare and furnish.

 

TheWyoming attorney general shall prepare and furnish to each city, town andcounty a form for liquor licenses and malt beverage permits. A license on aform other than as prescribed by the attorney general is invalid.

 

12-4-702. Signature and attestation; contents; display required.

 

(a) Each license issued by a city or town shall be signed bythe mayor and attested by the clerk. Each license issued by a county shall besigned by the chairman of the board of county commissioners and attested by thecounty clerk.

 

(b) The following shall be shown in each license:

 

(i) The name of the licensee;

 

(ii) A description of the place in which alcoholic or maltbeverages may be sold;

 

(iii) The date of issuance;

 

(iv) The amount of the fee; and

 

(v) That the fee has been paid.

 

(c) Each licensee shall display his license in a conspicuousplace in the licensed room.

 

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