Chapter 5 - Restrictions Upon Licensees
CHAPTER 5 - RESTRICTIONS UPON LICENSEES
ARTICLE 1 - HOURS OF OPERATION
12-5-101. Hours of sale generally; exceptions; designation of datesfor unrestricted operation.
(a) All licensees may, with the approval of the local licensingauthority, open the dispensing room at 6:00 a.m. and shall close the dispensingroom and cease the sale of both alcoholic and malt beverages promptly at thehour of 2:00 a.m. the following day. In addition, licensees shall clear thedispensing room of all persons other than employees by 2:30 a.m.
(b) Clubs holding liquor licenses may be exempt from the hoursof operation specified in subsection (a) of this section by local ordinance orregulation of the appropriate licensing authority.
(c) The hours of operation designated in subsection (a) of thissection may be modified on no more than four (4) days each calendar year by aresolution or agreement made each year by the appropriate licensing authoritydesignating those dates during city or county fairs, rodeos, pageants,jubilees, special holidays or similar public gatherings when all licensees mayoperate their dispensing rooms for a period of twenty-four (24) hours beginningat 6:00 a.m.
ARTICLE 2 - DISPENSING ROOMS
12-5-201. Location, regulation and restrictions as to place of sale;inspections; additional dispensing rooms.
(a) Except as otherwise provided in this section, the principalplace in which alcoholic liquor and malt beverages are sold under a licenseshall be located in one (1) room upon the premises for which the license isissued and as approved by the licensing authority. Upon payment of anadditional license fee equal to two-thirds (2/3) of the fee paid for theoriginal license, a licensee may have and maintain one (1) additionaldispensing room in the same building under the authority of the originallicense. Alcoholic beverages secured in the licensed room by a server may beserved only in the building in which the licensed room is located and in animmediately adjacent fenced or enclosed area as approved by the local licensingauthority. This area shall not be in another building and shall be located onthe licensed premises. Only alcoholic and malt beverages, nonalcoholicbeverages, food, tobacco, alcoholic liquor and malt beverage promotional salesitems sold to the licensee bearing the name and trademark of the alcoholicliquor and malt beverage firm or company whose product the item is advertising,promotional products bearing the name of the licensed retailer, billiard anddart supplies, newspapers, magazines and periodicals may be sold and served inthe licensed room. The licensing authority shall, as often as necessary,inspect the licensed room and adjoining rooms where alcoholic beverages areserved to insure that the licensee is in compliance with sanitation and firehazard requirements and other applicable laws. A licensee may separate thefacility for the sale of alcoholic liquor and malt beverages for off-premiseconsumption from the facility used to serve customers for on-premiseconsumption without payment of an additional fee. A separated facility for makingsales for off-premise consumption shall be located adjoining the facility formaking sales for on-premise consumption. The two (2) facilities may beseparated by a glass or other suitable partition.
(b) If a licensee is engaged in a business operation withconvention facilities, the licensee may maintain more than one (1) additionaldispensing room under the same fee referred to in subsection (a) of thissection. For purposes of this subsection, a convention facility shall have andmaintain all of the following:
(i) Motel or hotel sleeping room accommodations;
(ii) Restaurant facilities; and
(iii) Conference facilities.
(c) Licensing authorities may issue a twenty-four (24) hourpermit to any licensee authorizing the sale of alcoholic or malt beverages inone (1) additional dispensing room in the same building licensed by theoriginal license for a twenty-four (24) hour period only. No one (1) licenseeshall be issued more than six (6) permits in any one (1) year period. The feefor the permit shall be not less than ten dollars ($10.00) nor more than onehundred dollars ($100.00).
(d) If the licensee is engaged in the operation of or is aconcessionaire for a public auditorium, civic center or events center, thelicensee may dispense alcoholic liquors or malt beverages in any room or otherappropriate location within the confines of the licensed premises approved bythe licensing authority under the same fee specified in subsection (a) of thissection.
(e) Notwithstanding subsection (a) of this section, a licenseewho holds a license other than a club license issued under W.S. 12-4-301 orrestaurant license issued under W.S. 12-4-407, and who is engaged in a businessoperation with motel or hotel sleeping room accommodations at the same premisesmay, at an additional fee of not to exceed one-half (1/2) of the fee paid forthe original license, sell alcoholic liquor and malt beverages in sealedcontainers from a minibar located in any sleeping room of the licensee's motelor hotel operation occupied by a registered guest twenty-one (21) years of ageor older. Sales under this subsection shall be only to registered guests agetwenty-one (21) years or more, are not subject to hours of operation imposedunder W.S. 12-5-101 and shall be only for consumption within the motel or hotelsleeping room premises occupied by the guest. Restrictions imposed upon minorsunder W.S. 12-6-101 apply to sales authorized under this subsection. The priceimposed upon alcoholic liquor, malt beverages and all other items available forsale from the minibar shall be clearly posted. A minibar used for purposes ofthis subsection shall be a closed container, refrigerated or nonrefrigerated,access to the interior of which is restricted by means of a locking devicerequiring the use of a key, magnetic card or similar device. The appropriatelicensing authority may impose additional reasonable restrictions on theoperation of a minibar licensed under this subsection.
(f) A holder of a resort retail liquor license may dispensealcoholic beverages from any location within the boundaries of the resortpremises. The resort premises shall be a single property within a contiguousboundary upon which the resort is located and which shall be identified in thelicense. Subsections (a) through (c) and (e) of this section do not apply toholders of a resort retail liquor license with respect to alcoholic beveragesdispensed within the contiguous boundaries of the resort premises for which aresort retail liquor license is issued, except that any location on the resortpremises where alcoholic beverages are dispensed as approved by the licensingauthority shall comply with applicable sanitation and fire hazard requirementsand other applicable laws. The licensing authority shall, as often asnecessary, inspect the licensed location where alcoholic beverages aredispensed to ensure that the licensee is in compliance with sanitation and firehazard requirements. For each additional fixed dispensing location, theapplicant shall pay an annual fee equal to sixty-six and two-thirds percent (662/3%) of the original license fee.
(g) Any golf club as defined by W.S. 12-1-101(a)(iii)(D) whichholds a retail liquor license or a club limited retail liquor license underW.S. 12-4-301 may dispense alcoholic beverages from any location within theboundaries of the golf club premises. The premises shall be a single propertywithin a contiguous boundary upon which the golf club is located and whichshall be identified in the license. Subsections (a) through (c) and (e) ofthis section do not apply to golf clubs as defined by W.S. 12-1-101(a)(iii)(D)which are holders of a retail liquor license or a club limited retail liquorlicense with respect to alcoholic beverages dispensed within the contiguousboundaries of the golf club premises, except that any location on the golfclub premises where alcoholic beverages are dispensed as approved by thelicensing authority shall comply with applicable sanitation and fire hazardrequirements and other applicable laws. The licensing authority shall, asoften as necessary, inspect the licensed location where alcoholic beverages aredispensed to ensure that the licensee is in compliance with sanitation and firehazard requirements. Any political subdivision issued a club limited retailliquor license for use at a bona fide golf course may contract for or otherwisesubcontract the operations of the golf course or any food and beverage servicesassociated therewith to another individual or entity without transferring thelicense thereto.
(h) With the approval and on the conditions imposed by thelicensing authority, any restaurant liquor licensee operating on a golf coursemay dispense alcoholic beverages from any location on the premises of the golf course. Subsections (a) through (c) and (e) of this section do not apply to holders ofsuch licenses, but such holders shall comply with all applicable sanitation andfire hazard requirements, and other applicable laws.
(j) Any retail or restaurant liquor licensee operating on aguest ranch as defined by W.S. 12-1-101(a)(xxiii) may dispense alcoholicbeverages from any location within the boundaries of the guest ranch premises. The guest ranch premises shall be a single property within a contiguous boundaryupon which the guest ranch is located and which shall be identified in thelicense. Subsections (a) through (c) and (e) of this section do not apply toholders of such licenses. The licensing authority shall, as often asnecessary, inspect the licensed location where alcoholic beverages aredispensed to ensure that the licensee is in compliance with sanitation and firehazard requirements and other applicable laws. For each additional fixeddispensing location, the applicant shall pay an annual fee equal to two-thirds(2/3) of the original license fee.
(k) A licensing authority may authorize a licensee holding aretail liquor license issued under W.S. 12-4-201 to hold an event on thelicensed premises at which persons under the age of twenty-one (21) arepermitted upon the premises if:
(i) No alcoholic liquor or malt beverages are sold, served,consumed or possessed by any person in the dispensing room during the event;
(ii) The dispensing room is closed during the event and allalcoholic liquor and malt beverages are removed from the dispensing room inwhich the event is held and are stored in an area on the licensed premises notaccessible to persons in the closed dispensing room during the event or storedin a manner preventing dispensation during the event;
(iii) The licensee otherwise complies with any additionalconditions which may be imposed by rule and regulation of the appropriatelicensing authority, including revocation of the authorization to hold theyouth event.
12-5-202. Storage outside licensed premises prohibited; exception.
Aretail licensee shall not store alcoholic liquor or malt beverages outside ofthe licensed premises unless he files with the commission a written statementthat he stores alcoholic liquors or malt beverages in a place other than hisplace of business and states the exact location of the storage place.
12-5-203. Minors restricted from dispensing room; exception; penalty.
(a) No licensee or agent, employee or servant thereof shallknowingly permit any person under the age of eighteen (18) years to enter orremain in the licensed room or rooms where alcoholic or malt beverages aredispensed. No person under the age of eighteen (18) years shall enter orremain in the licensed room or rooms where alcoholic beverages are sold unless:
(i) Accompanied by his parent or guardian who is at leasteighteen (18) years of age and the licensed room is for the sale of alcoholicor malt beverages for off-premises consumption and separate from any licensedroom for on-premises consumption; or
(ii) With the approval of the local licensing authority, in adining or waiting area with an adult not later than 10:00 p.m. if the dining orwaiting area is part of the licensed room.
(b) When the licensed room or rooms are not open for the saleor dispensing of alcoholic or malt beverages, employees of the licensee underthe age of eighteen (18) may be permitted in the course of their employment towork in the room or rooms.
(c) Any person violating subsection (a) of this section oraiding, abetting or inciting any violation thereof is guilty of a misdemeanorand upon conviction shall be fined not more than seven hundred fifty dollars($750.00), imprisoned for not more than six (6) months, or both.
12-5-204. Prohibited acts within dispensing room; violation cause forsuspension or revocation of license or permit.
(a) No licensee or agent or employee thereof shall knowinglypermit prostitution under W.S. 6-4-101, public indecency under W.S. 6-4-201 orgambling as prohibited by W.S. 6-7-102 or shall promote obscenity under W.S.6-4-302 within any dispensing room, building or premises licensed under thistitle.
(b) Any licensee or agent or employee thereof violatingsubsection (a) of this section, or aiding, abetting or inciting any violationthereof, is in addition to other penalties provided by law, sufficient causefor the suspension or revocation of a license or permit.
ARTICLE 3 - DRIVE-IN AREAS
12-5-301. Conditions for operation.
(a) Upon approval of the licensing authority, a drive-in areaadjacent or contiguous to the licensed room may be used by the holder of aretail liquor license for taking orders, making delivery of and receivingpayment for alcoholic liquor or malt beverages under the following conditions:
(i) The holder of the retail liquor license shall own the areaor hold a written lease for the period for which the license was issued;
(ii) No part of the area used for orders, delivery and makingpayment shall be more than forty (40) feet distant from the licensed room;
(iii) The area shall be well lighted and subject to inspection bythe licensing authority at any and all times;
(iv) No walls or screens shall interfere with observing andchecking the part of the area used for orders, delivery and payment;
(v) No order shall be received from nor delivery made to aperson under twenty-one (21) years of age or an intoxicated person in the area;
(vi) No part of a publicly owned sidewalk, highway, street oralley shall be used for taking orders or conducting sales; and
(vii) Alcoholic liquor or malt beverages shall be sold anddelivered in the drive-in area only in the original, unopened package andconsumption of alcoholic liquor or malt beverages in the drive-in area shallnot be permitted.
12-5-302. Determination to forbid or restrict.
Theagents and officers of the licensing authority administering the retail liquorlicense shall determine whether traffic conditions or physical circumstanceshindering law enforcement should require a decision forbidding or restrictingsales and delivery in any drive-in area. If by resolution of the licensingauthority the right of a licensee to use certain drive-in areas is forbidden orrestricted that resolution shall be complied with by the licensee.
ARTICLE 4 - INDUSTRY REPRESENTATIVES
12-5-401. Interests in licenses or permits to sell.
Noindustry representative shall hold any interest, stock or ownership directly orindirectly, in any license to sell products of the industry at retail underprivileges of a license or permit to sell any beverage or liquor in Wyoming orin any premises so licensed. This section shall not apply to any personholding a microbrewery or winery permit pursuant to W.S. 12-4-412.
12-5-402. Furnishing of money and products; payment in full for maltbeverages; credit for alcoholic liquor; credit deficiencies.
(a) Except as otherwise authorized in this section or W.S.12-5-403, industry representatives shall not furnish, give or lend money orother things of value, directly or indirectly, to any person engaged in sellingproducts of the industry at retail under privileges of a license or permit tosell any beverage or liquor in Wyoming. The prohibition shall extend to thegiving to any person for the use, benefit or relief of the person engaged inselling the industry's products and to prohibit guaranty by the industry of aloan or other financial obligation of persons engaged at retail in sellingthese products. With prior approval of the applicable licensing authority,malt beverage industry representatives may furnish, give or lend money or otherthings of value to a licensee to support annual community events open to thepublic if the licensee:
(i) Is a nonprofit corporation organized under the laws of thisstate;
(ii) Is qualified as a tax exempt organization under theInternal Revenue Code; and
(iii) Has been in continuous operation for a period of not lessthan two (2) years.
(b) No sale or delivery of malt beverages shall be made by awholesaler to any licensee except for payment in full made at the time of orprior to delivery, and a licensee shall not accept or receive delivery of maltbeverages except when payment is made at or prior to delivery.
(c) The commission may grant credit to retailers whenpurchasing alcoholic liquor for a period not to exceed four (4) days from dateof shipment. Payments by mail for credit shipments shall be postmarked withintwenty-four (24) hours of the receipt of the shipment by the retailer. Thecommission may seize and sell all stocks of liquor of the retailer to satisfyany credit balance. Any deficiency constitutes a lien on any proceeds receivedthrough transfer of the license or permit. If a retailer defaults in paymentfor a shipment under this section, no further shipments shall be made to himfor a period of one (1) year except on a C.O.D. basis.
12-5-403. Furnishing of equipment; advertising materials; records tobe kept.
(a) Industry representatives shall not furnish, give, rent,lend or sell at cost or below, either directly or indirectly, any equipment,fixtures or supplies to any person engaged in selling products of the industryunder the privileges of a retail liquor license or limited retail liquorlicense. No person licensed to sell products of the industry shall receive orbe the beneficiary of any of the prohibited benefits.
(b) The following materials when furnished free of charge tothe wholesaler or an alcoholic beverage supplies representative, are exemptfrom subsection (a) of this section and may be furnished, given or loaned toany retail liquor licensee or limited retail liquor licensee:
(i) National advertising and promotional materials bearingadvertising matter and having no value to the retailer except asadvertisements;
(ii) Consumer advertising specialties bearing advertisingmatter;
(iii) Retailer's advertising specialties bearing advertisingmatter; and
(iv) Standard brewery or manufacturer's signs.
(c) Repealed by Laws 1995, ch. 99, 2.
12-5-404. Repealed by Laws 1995, ch. 99, 2.
12-5-405. Sale of alcoholic liquor.
Industryrepresentatives shall not sell or attempt to sell any alcoholic liquor withinWyoming, except to the commission. Any violation of this section is amisdemeanor.
ARTICLE 5 - HABITUAL DRUNKARDS AND MINORS
12-5-501. Repealed by Laws 1979, ch. 156, 3.
12-5-502. Liability for sale to child, ward or habitual drunkard whenwritten notice thereof given.
Ifany court, parent or guardian gives written notice to any licensee that his orher child or ward is under the age of twenty-one (21) years, or any spouse ordependent gives written notice to a licensee that his or her spouse or personliable for the support of the dependent is an habitual drunkard and by reasonof habitual drunkenness is neglecting to provide support for the spouse ordependent and the licensee or permittee so notified thereafter sells or givesany alcoholic liquor or malt beverage to the child, ward or habitual drunkard,the person giving the notice may bring an action in district court, against thelicensee and upon proof of acts stated in the notice recover in the action theactual damages sustained, punitive damages and costs.