State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter7

CHAPTER 7 - SUSPENSIONS AND REVOCATIONS OF LICENSES ANDPERMITS

 

ARTICLE 1 - IN GENERAL

 

12-7-101. Causes generally.

 

Anyviolation of this title by any manufacturer, rectifier, wholesaler, licensee,employee or agent thereof is sufficient cause for the suspension and in thecase of gross violation the revocation of the license of the licensee.

 

12-7-102. Suspension of license when revocation inadvisable.

 

Ina proceeding for revocation of a liquor license and when a licensee is foundguilty of violating W.S. 12-1-101 through 12-8-301, the district court or thecommission may, if it appears inadvisable to revoke the license, suspend thelicense for a period not to exceed the balance of the term for which thelicense was issued and the suspension shall not, of itself, disqualify thelicense holder for renewal at the end of the license term.

 

12-7-103. Suspension of license by licensing authorities for failureto pay sales tax.

 

Alocal licensing authority may suspend any license issued under this title ifthe licensee fails to pay sales taxes and the commission has ceased sales ofalcoholic liquor to the licensee pursuant to W.S. 12-2-306. The licensee mayappeal license suspension to the district court in the manner specified underW.S. 12-4-104(f) and the appeal proceedings shall be in accordance with theWyoming Rules of Appellate Procedure. The suspension shall remain in effectpending a decision by the appellate court.

 

ARTICLE 2 - REVOCATION PROCEDURE

 

12-7-201. Civil action; administrative and judicial proceedings;disposition of liquors.

 

(a) An action to revoke any Wyoming liquor license or permitmay be brought in the name of the state of Wyoming by the attorney general, anycounty attorney or the licensing authority for the reason that the licensee orpermittee has violated this title.

 

(b) Actions to revoke licenses are civil actions and shall betried before the court without a jury. The revocation proceedings shall be inaccordance with the Wyoming Rules of Civil Procedure, and the trial and allother matters to come before the court shall have a priority upon the courtcalendar. If, upon trial, it appears that the license or permit of the licenseeshould be revoked, the court shall enter its order accordingly. The court mayrevoke the license or permit upon proof that the intent and purpose of thistitle has been violated. The fact that no criminal proceeding has beeninstituted or that no law with sanctions has been violated is not a defense tothe action. Upon the application of the state and upon a showing to thesatisfaction of the court that there are probable grounds for believing thelicense holder's license should be revoked, the court may issue an ordersuspending a license during the pendency of an action for its revocation and nobond shall be required as a condition to the issuance of the suspension order.Appeal from the final district court decision may be taken according to theWyoming Rules of Appellate Procedure, but the order of revocation shall remainin effect pending a decision by the appellate court.

 

(c) The provisions of this section are cumulative and shall notbe construed as preventing the commission from revoking a liquor license in anycase authorized by law.

 

(d) The commission may revoke any license or permit issuedunder this title for violation of any of the rules and regulations promulgatedby the department pursuant to this title or for violation of any of theprovisions of this title. Revocation proceedings initiated by the commissionshall be conducted as a contested case under the Wyoming AdministrativeProcedure Act before a hearing examiner of the office of administrativehearings, who shall recommend a decision to the commission. The decision ofthe commission shall be subject to judicial review under W.S. 16-3-114 exceptthat the review shall not operate to stay a revocation order of the commissionduring the pendency of the district court proceeding or during a later appealto the supreme court. Should the license of a defendant expire during the pendencyof an appeal in any of the courts of this state, no new or renewal licenseshall be granted by the licensing authority to the defendant or any otherperson pending the outcome of the appeal.

 

(e) Upon the revocation of a liquor license or permit, allalcoholic liquors in the possession of the license holder and which are inmerchantable condition shall be delivered to the commission which shallreimburse the license holder for the value thereof at its then regularwholesale prices. All malt beverages and nonmerchantable alcoholic liquorsshall be disposed of at the direction of the commission.

 

State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter7

CHAPTER 7 - SUSPENSIONS AND REVOCATIONS OF LICENSES ANDPERMITS

 

ARTICLE 1 - IN GENERAL

 

12-7-101. Causes generally.

 

Anyviolation of this title by any manufacturer, rectifier, wholesaler, licensee,employee or agent thereof is sufficient cause for the suspension and in thecase of gross violation the revocation of the license of the licensee.

 

12-7-102. Suspension of license when revocation inadvisable.

 

Ina proceeding for revocation of a liquor license and when a licensee is foundguilty of violating W.S. 12-1-101 through 12-8-301, the district court or thecommission may, if it appears inadvisable to revoke the license, suspend thelicense for a period not to exceed the balance of the term for which thelicense was issued and the suspension shall not, of itself, disqualify thelicense holder for renewal at the end of the license term.

 

12-7-103. Suspension of license by licensing authorities for failureto pay sales tax.

 

Alocal licensing authority may suspend any license issued under this title ifthe licensee fails to pay sales taxes and the commission has ceased sales ofalcoholic liquor to the licensee pursuant to W.S. 12-2-306. The licensee mayappeal license suspension to the district court in the manner specified underW.S. 12-4-104(f) and the appeal proceedings shall be in accordance with theWyoming Rules of Appellate Procedure. The suspension shall remain in effectpending a decision by the appellate court.

 

ARTICLE 2 - REVOCATION PROCEDURE

 

12-7-201. Civil action; administrative and judicial proceedings;disposition of liquors.

 

(a) An action to revoke any Wyoming liquor license or permitmay be brought in the name of the state of Wyoming by the attorney general, anycounty attorney or the licensing authority for the reason that the licensee orpermittee has violated this title.

 

(b) Actions to revoke licenses are civil actions and shall betried before the court without a jury. The revocation proceedings shall be inaccordance with the Wyoming Rules of Civil Procedure, and the trial and allother matters to come before the court shall have a priority upon the courtcalendar. If, upon trial, it appears that the license or permit of the licenseeshould be revoked, the court shall enter its order accordingly. The court mayrevoke the license or permit upon proof that the intent and purpose of thistitle has been violated. The fact that no criminal proceeding has beeninstituted or that no law with sanctions has been violated is not a defense tothe action. Upon the application of the state and upon a showing to thesatisfaction of the court that there are probable grounds for believing thelicense holder's license should be revoked, the court may issue an ordersuspending a license during the pendency of an action for its revocation and nobond shall be required as a condition to the issuance of the suspension order.Appeal from the final district court decision may be taken according to theWyoming Rules of Appellate Procedure, but the order of revocation shall remainin effect pending a decision by the appellate court.

 

(c) The provisions of this section are cumulative and shall notbe construed as preventing the commission from revoking a liquor license in anycase authorized by law.

 

(d) The commission may revoke any license or permit issuedunder this title for violation of any of the rules and regulations promulgatedby the department pursuant to this title or for violation of any of theprovisions of this title. Revocation proceedings initiated by the commissionshall be conducted as a contested case under the Wyoming AdministrativeProcedure Act before a hearing examiner of the office of administrativehearings, who shall recommend a decision to the commission. The decision ofthe commission shall be subject to judicial review under W.S. 16-3-114 exceptthat the review shall not operate to stay a revocation order of the commissionduring the pendency of the district court proceeding or during a later appealto the supreme court. Should the license of a defendant expire during the pendencyof an appeal in any of the courts of this state, no new or renewal licenseshall be granted by the licensing authority to the defendant or any otherperson pending the outcome of the appeal.

 

(e) Upon the revocation of a liquor license or permit, allalcoholic liquors in the possession of the license holder and which are inmerchantable condition shall be delivered to the commission which shallreimburse the license holder for the value thereof at its then regularwholesale prices. All malt beverages and nonmerchantable alcoholic liquorsshall be disposed of at the direction of the commission.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title12 > Chapter7

CHAPTER 7 - SUSPENSIONS AND REVOCATIONS OF LICENSES ANDPERMITS

 

ARTICLE 1 - IN GENERAL

 

12-7-101. Causes generally.

 

Anyviolation of this title by any manufacturer, rectifier, wholesaler, licensee,employee or agent thereof is sufficient cause for the suspension and in thecase of gross violation the revocation of the license of the licensee.

 

12-7-102. Suspension of license when revocation inadvisable.

 

Ina proceeding for revocation of a liquor license and when a licensee is foundguilty of violating W.S. 12-1-101 through 12-8-301, the district court or thecommission may, if it appears inadvisable to revoke the license, suspend thelicense for a period not to exceed the balance of the term for which thelicense was issued and the suspension shall not, of itself, disqualify thelicense holder for renewal at the end of the license term.

 

12-7-103. Suspension of license by licensing authorities for failureto pay sales tax.

 

Alocal licensing authority may suspend any license issued under this title ifthe licensee fails to pay sales taxes and the commission has ceased sales ofalcoholic liquor to the licensee pursuant to W.S. 12-2-306. The licensee mayappeal license suspension to the district court in the manner specified underW.S. 12-4-104(f) and the appeal proceedings shall be in accordance with theWyoming Rules of Appellate Procedure. The suspension shall remain in effectpending a decision by the appellate court.

 

ARTICLE 2 - REVOCATION PROCEDURE

 

12-7-201. Civil action; administrative and judicial proceedings;disposition of liquors.

 

(a) An action to revoke any Wyoming liquor license or permitmay be brought in the name of the state of Wyoming by the attorney general, anycounty attorney or the licensing authority for the reason that the licensee orpermittee has violated this title.

 

(b) Actions to revoke licenses are civil actions and shall betried before the court without a jury. The revocation proceedings shall be inaccordance with the Wyoming Rules of Civil Procedure, and the trial and allother matters to come before the court shall have a priority upon the courtcalendar. If, upon trial, it appears that the license or permit of the licenseeshould be revoked, the court shall enter its order accordingly. The court mayrevoke the license or permit upon proof that the intent and purpose of thistitle has been violated. The fact that no criminal proceeding has beeninstituted or that no law with sanctions has been violated is not a defense tothe action. Upon the application of the state and upon a showing to thesatisfaction of the court that there are probable grounds for believing thelicense holder's license should be revoked, the court may issue an ordersuspending a license during the pendency of an action for its revocation and nobond shall be required as a condition to the issuance of the suspension order.Appeal from the final district court decision may be taken according to theWyoming Rules of Appellate Procedure, but the order of revocation shall remainin effect pending a decision by the appellate court.

 

(c) The provisions of this section are cumulative and shall notbe construed as preventing the commission from revoking a liquor license in anycase authorized by law.

 

(d) The commission may revoke any license or permit issuedunder this title for violation of any of the rules and regulations promulgatedby the department pursuant to this title or for violation of any of theprovisions of this title. Revocation proceedings initiated by the commissionshall be conducted as a contested case under the Wyoming AdministrativeProcedure Act before a hearing examiner of the office of administrativehearings, who shall recommend a decision to the commission. The decision ofthe commission shall be subject to judicial review under W.S. 16-3-114 exceptthat the review shall not operate to stay a revocation order of the commissionduring the pendency of the district court proceeding or during a later appealto the supreme court. Should the license of a defendant expire during the pendencyof an appeal in any of the courts of this state, no new or renewal licenseshall be granted by the licensing authority to the defendant or any otherperson pending the outcome of the appeal.

 

(e) Upon the revocation of a liquor license or permit, allalcoholic liquors in the possession of the license holder and which are inmerchantable condition shall be delivered to the commission which shallreimburse the license holder for the value thereof at its then regularwholesale prices. All malt beverages and nonmerchantable alcoholic liquorsshall be disposed of at the direction of the commission.

 

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