Law

Title 12 Alcoholic Beverages

Wyoming · 12 · statute

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Contents: 116 provisions

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116 provisions

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 Repealed by Laws 1979, ch. 156, § 3.

Repealed by Laws 1979, ch. 156, § 3.

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12-4-403. Population formula not applicable; contracting for services.

(a) The provisions authorizing resort liquor licenses and resort hotel liquor licenses shall have no application to the population formula limiting retail liquor licenses as provided by W.S. 12-4-201. (b) A resort liquor licensee or a resort hotel liquor licensee may contract or subcontract for the provision of food and beverage services on the licensed premises. However, the licensee shall remain subject to all applicable laws, rules, regulations and penalties including the provisions of W.S. 12-2-306 and 12-7-103.

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

Resort liquor licensees and resort hotel liquor licensees shall not sell alcoholic or malt beverages for consumption off the premises owned or leased by the licensee, except pursuant to a catering permit. The dispensing of alcoholic or malt beverages licensed to be sold hereunder shall be controlled by W.S. 12-5-201 and, if a catering permit has been issued, by W.S. 12-4-502(b).

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12-4-405. Annual fee.

The annual fee for a resort liquor license and a resort hotel liquor license shall be not less than five hundred dollars ($500.00) nor more than three thousand dollars ($3,000.00).

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 Repealed by Laws 1979, ch. 156, § 3.

Repealed by Laws 1979, ch. 156, § 3.

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

(a) Restaurants as defined by W.S. 12-1-101(a)(xiv) may be licensed by the appropriate licensing authority in counties, cities and towns under a restaurant liquor license. In addition to the application requirements required by this title, the license applicant shall submit a valid food service permit upon application. Population formulas have no application to issuance of restaurant liquor licenses within the county. (b) Repealed by Laws 1985, ch. 92, § 3. (c) Repealed by Laws 2017, ch. 50, § 2. (d) Repealed by Laws 2021, ch. 22, § 3.

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12-4-408. Revenues of licensee to be derived primarily

from food services and not the sale of alcoholic beverages; annual report. (a) An applicant for a restaurant liquor license shall satisfy the appropriate licensing authority that the primary source of revenue from the operation of the restaurant to be licensed will be derived from food services and not from the sale of alcoholic or malt beverages. (b) When renewing a restaurant liquor license, the appropriate licensing authority shall condition renewal upon a requirement that not less than sixty percent (60%) of gross sales from the preceding twelve (12) months operation of a licensed restaurant be derived from food services. (c) Upon application for license renewal, a license holder shall submit an annual report to the licensing authority on the sales of the licensed restaurant. The report shall contain the annual gross sales figures of the restaurant and shall separate the gross sales figures into two (2) categories: (i) Food service sales; and (ii) Alcoholic and malt beverage sales.

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12-4-409. Repealed by Laws 2021, ch. 22, § 3.

Repealed by Laws 2021, ch. 22, § 3.

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12-4-410. Sale of alcoholic beverages for off-premises

consumption prohibited; 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 for off-premises consumption from the licensed building owned or leased by the licensee. Except as provided in subsections (b) and (e) of this section, alcoholic or malt beverages shall be served for on-premises consumption only in dining areas which are adequately staffed and equipped for all food services offered by the restaurant. (b) Alcoholic liquor and malt beverages shall be dispensed and prepared for consumption in the licensed building in areas approved by the local licensing authority. No consumption of alcoholic or malt beverages shall be permitted within the dispensing areas nor shall any person other than employees over eighteen (18) years of age be permitted to enter the dispensing areas. (c) All sales of alcoholic and malt beverages authorized by a restaurant liquor license shall cease at the time food sales and services cease or at the hours set pursuant to W.S. 12-5-101 if food sales and services extend beyond those hours. (d) No restaurant liquor licensee shall promote or operate the restaurant as a bar and lounge. (e) A restaurant liquor licensee may permit a patron to remove one (1) unsealed bottle of wine for off-premises consumption provided that the patron has purchased a full course meal and consumed a portion of the bottle of wine with the meal on the restaurant premises. For purposes of this subsection the term "full course meal" shall mean a diversified selection of food which is ordinarily consumed with the use of tableware and cannot conveniently be consumed while standing or walking. A partially consumed bottle of wine that is to be removed from the premises pursuant to this subsection shall be securely sealed by the licensee or an agent of the licensee and placed in a tamper-proof transparent bag which shall also be securely sealed prior to removal from the premises, so that it is visibly apparent that the resealed bottle of wine has not been tampered with. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. Wine which is resealed in accordance with the provisions of this subsection shall not be deemed an open container for purposes of W.S. 31-5-235. (f) Repealed by Laws 2021, ch. 22, § 3.

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12-4-411. License fee.

The annual fee for a restaurant liquor license shall be no more than three thousand dollars ($3,000.00) and no less than five hundred dollars ($500.00).

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12-4-412. Repealed by Laws 2021, ch. 22, § 3.

Repealed by Laws 2021, ch. 22, § 3.

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

(a) Restaurants as defined by W.S. 12-1-101(a)(xiv) may be licensed by the appropriate licensing authority in counties, cities and towns under a bar and grill liquor license. In addition to the application requirements required by this title, the license applicant shall submit a valid food service permit upon application. (b) Bar and grill liquor licenses shall be issued as follows: (i) Repealed by Laws 2023, ch. 20, § 2. (ii) Repealed by Laws 2023, ch. 20, § 2. (iii) Repealed by Laws 2023, ch. 20, § 2. (iv) Repealed by Laws 2023, ch. 20, § 2. (v) Beginning July 1, 2023, the number of bar and grill liquor licenses for cities and towns shall be based on the following population formula: (A) Not more than four (4) licenses in incorporated cities or towns with populations of seven thousand five hundred (7,500) or less; (B) Not more than ten (10) licenses in incorporated cities with populations between seven thousand five hundred one (7,501) and twenty thousand (20,000); (C) Not more than fourteen (14) licenses in incorporated cities with populations between twenty thousand one (20,001) and thirty thousand (30,000); and (D) Not more than one (1) additional license for each additional five thousand (5,000) persons residing in incorporated cities over thirty thousand (30,000); (E) This paragraph is repealed effective June 30, 2028. (vi) Beginning July 1, 2028, the number of bar and grill liquor licenses for cities and towns shall be based on the following population formula: (A) Not more than six (6) licenses in incorporated cities or towns with populations of seven thousand five hundred (7,500) or less; (B) Not more than fourteen (14) licenses in incorporated cities with populations between seven thousand five hundred one (7,501) and twenty thousand (20,000); (C) Not more than eighteen (18) licenses in incorporated cities with populations between twenty thousand one (20,001) and thirty thousand (30,000); and (D) Not more than one (1) additional license for each additional three thousand (3,000) persons residing in incorporated cities over thirty thousand (30,000). (c) Bar and grill liquor licenses may be granted by the county commissioners as the appropriate licensing authority in a county outside of incorporated cities and towns as follows: (i) Repealed by Laws 2023, ch. 20, § 2. (ii) Beginning July 1, 2023, four (4) licenses for each seven thousand five hundred (7,500) persons residing outside incorporated cities and towns. This paragraph is repealed effective June 30, 2028; (iii) Beginning July 1, 2028, six (6) licenses for each seven thousand five hundred (7,500) persons residing outside incorporated cities and towns. (d) The license fee assessed for a bar and grill liquor license shall be not less than one thousand five hundred dollars ($1,500.00) nor more than 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 licensees shall not sell alcoholic or malt beverages for off-premises consumption from the licensed building owned or leased by the licensee except as allowed under this subsection. The following shall apply to sales of alcoholic and malt beverages: (i) All sales of alcoholic and malt beverages authorized by a bar and grill liquor license shall cease at the time food sales and services cease or at the hours specified by W.S. 12-5-101(a) if food sales and services extend beyond the hours specified therein; (ii) A bar and grill liquor licensee may permit a patron to remove one (1) partially consumed bottle of wine for off-premises consumption provided that the patron has purchased a full course meal and consumed a portion of the bottle of wine with the meal on the bar and grill premises. For purposes of this paragraph the term "full course meal" shall mean food which cannot conveniently be consumed while standing or walking. A partially consumed bottle of wine that is to be removed from the premises pursuant to this paragraph shall be securely sealed by the licensee or an agent of the licensee and placed in a tamper-proof transparent bag which shall also be securely sealed prior to removal from the premises, so that it is visibly apparent that the resealed bottle of wine has not been tampered with. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. Wine which is resealed in accordance with the provisions of this paragraph shall not be deemed an open container for purposes of W.S. 31-5-235. (g) An applicant for a bar and grill liquor license shall satisfy the appropriate licensing authority that not less than sixty percent (60%) of revenue from the operation of the bar and grill to be licensed will be derived from food services, entertainment or a combination of food services and entertainment and not from the sale of alcoholic or malt beverages. (h) When renewing a bar and grill liquor license, the appropriate licensing authority shall condition renewal upon a requirement that not less than sixty percent (60%) of gross sales from the preceding twelve (12) months operation of a licensed bar and grill be derived from food services, entertainment or a combination of food services and entertainment. (j) The appropriate licensing authority shall consider the type, level and appropriateness of food services and entertainment sales proposed in each application when determining whether to issue or renew a bar and grill license. (k) Upon application for license renewal, a license holder shall submit an annual report to the licensing authority on the sales of the licensed bar and grill. The report shall contain the annual gross sales figures of the bar and grill and shall separate the gross sales figures into the following three (3) categories: (i) Food service sales; (ii) Alcoholic and malt beverage sales; (iii) Entertainment sales.

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12-4-414. Winery permits; authorized; conditions;

satellite winery permits; direct shipment of wine; fees; off-premises permits. (a) Subject to restrictions imposed under W.S. 12-4-103 excluding W.S. 12-4-103(a)(vi), a local licensing authority may issue a winery permit authorizing a permit holder to manufacture wine and dispense the manufactured wine for on-premises and limited off-premises personal consumption. (b) The local licensing authority: (i) May allow the sale of other wines under a winery permit for on-premises consumption when obtained from the division; (ii) May allow the winery to sell its manufactured wine on site for off-premises personal consumption, not for retail sale, in packaging of bottles of an aggregate volume not to exceed two thousand twenty-eight (2,028) ounces per sale; (iii) In accordance with the process established under article 1 of this chapter, may allow the transfer of a winery permit to another location and ownership of the winery may be transferred upon approval by the local licensing authority; (iv) Shall assess a fee of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) payable annually in advance for each winery permit. When dual ownership of a winery permit and a liquor license exists, no additional fee shall be assessed other than the retail, restaurant, bar and grill, resort hotel or resort license fee. (c) W.S. 12-4-410 shall apply to any person holding a winery permit and a restaurant liquor license and W.S. 12-4-413 shall apply to any person holding a winery permit and a bar and grill liquor license, except that either dual holder: (i) May sell the manufactured wine for limited off-premises personal consumption pursuant to paragraph (b)(ii) of this section; (ii) May upon cessation of full service restaurant operations, serve a limited menu and continue to serve wines authorized under the winery permit; (iii) Shall not include sales of wines authorized under the winery permit, or sales other than food service and alcoholic beverages, in the annual gross sales report required under W.S. 12-4-408(c). (d) A local licensing authority may issue to the holder of a winery permit under this section a satellite winery permit which allows the permittee to sell wine manufactured at the site identified on the manufacturer's license at up to three (3) satellite locations within Wyoming separate from its licensed manufacturing site under the original permit fee. The satellite winery permit may be issued on application to the appropriate licensing authority. The local licensing authority may require a public hearing and the payment of an additional permit fee not to exceed one hundred dollars ($100.00) regardless of the number of satellite locations. The satellite winery permit shall be subject to the terms and conditions of W.S. 12-4-106, the schedule of operating hours set pursuant to W.S. 12-5-101 and the licensed building provisions of W.S. 12-5-201. (e) Notwithstanding paragraph (b)(ii) of this section and W.S. 12-5-201, any person holding a winery permit as provided by this section, may sell and ship its manufactured wine which is not listed with the liquor division as part of its inventory and distribution operation to any Wyoming retail establishment which holds a liquor license in this state. (f) Any licensed winery holding a winery permit pursuant to this section shall: (i) Not ship more than a total of one hundred eight (108) liters of its manufactured 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 division at wholesale prices if the winery ships more than ninety (90) liters total of any of its manufactured wine to any combination of households or licensed retailers in this state; (iii) Ship its manufactured wine only to individuals who are at least twenty-one (21) years of age for such individual's personal use and not for resale; (iv) Ensure that all shipping containers of manufactured wine shipped pursuant to this section are conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FOR DELIVERY"; (v) Ensure that all of its shipments within this state are made by a duly licensed carrier and further ensure that such carriers comply with the requirement to obtain an adult signature; (vi) File a monthly report of wines shipped out of state on a form provided by the liquor division and include a copy of the invoice for each shipment of their own manufactured wine subject to the following: (A) The report shall be filed with the liquor division not later than the tenth day of each month following the month in which the shipment was made; (B) Any report filed late with the liquor division shall be subject to a late filing fee of twenty-five dollars ($25.00). (vii) Maintain records for at least three (3) years that will permit the liquor division to ascertain the truthfulness of the information filed and permit the division to perform an audit of the licensee's records upon reasonable request. (g) The local licensing authority may issue to a winery permit holder an off-premises wine permit for the purpose of selling its own manufactured wine at meetings, conventions, private parties, dinners and other similar gatherings to promote the holder's product. No permittee holding an off-premises wine permit shall sell or permit consumption of any of their manufactured product off the premises described in the permit. An off-premises wine permit shall be issued for one (1) twenty-four (24) hour period, subject to the schedule of operating hours set pursuant to W.S. 12-5-101. No holder of a wine permit shall receive more than twelve (12) off-premises wine permits in any one (1) calendar year. An off-premises wine permit may be issued on application to the appropriate licensing authority. The local licensing authority may require payment of an additional permit fee of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) per twenty-four (24) hour period. (h) The holder of a winery permit under this section may also hold a manufacturer's license under W.S. 12-2-203(a).

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12-4-415. Microbrewery permits; authorized; conditions; fees.

(a) Subject to restrictions imposed under W.S. 12-4-103 excluding W.S. 12-4-103(a)(vi), a local licensing authority may issue a microbrewery permit authorizing a permit holder to brew a malt beverage and dispense the brewed malt beverage for on-premises and limited off-premises personal consumption. Notwithstanding W.S. 12-5-201 and for the purposes of this subsection, "on-premises" may include a fenced or enclosed area immediately adjacent to the licensed brewing site as approved by the local licensing authority. The dispensing of malt beverages in an immediately adjacent area authorized by this paragraph shall be subject to the schedule of operating hours set pursuant to W.S. 12-5-101. Any microbrewery permit holder shall: (i) File a monthly report of brewed malt beverage the permit holder produced on a form provided by the liquor division. The report shall be filed with the liquor division not later than the tenth day of each month following the month in which the brewed malt beverage was produced. Any report filed late with the liquor division shall be subject to a late filing fee of twenty-five dollars ($25.00); (ii) Maintain records for at least three (3) years that will permit the liquor division to ascertain the truthfulness of the information filed and permit the division to perform an audit of the licensee's records upon reasonable request. (b) The local licensing authority: (i) May allow the sale of malt beverage obtained through a contract brewing arrangement and other malt beverages under a microbrewery permit for on-premises consumption when obtained through licensed wholesale malt beverage distributors; (ii) May allow the microbrewery to sell on site its brewed product and its malt beverage obtained through a contract brewing arrangement for off-premises personal consumption, not for retail sale, in packaging of bottles, cans or packs of an aggregate volume not to exceed two thousand (2,000) ounces per sale; (iii) In accordance with the process established under article 1 of this chapter, may allow the transfer of a microbrewery permit to another location and ownership of the microbrewery may be transferred upon approval by the local licensing authority; and (iv) Shall assess a fee of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) payable annually in advance for each microbrewery permit. When dual ownership of a microbrewery permit and a liquor license exists, no additional fee shall be assessed other than the retail, restaurant, bar and grill, resort hotel or resort license fee. (c) W.S. 12-4-410 shall apply to any person holding a microbrewery permit and a restaurant liquor license and W.S. 12-4-413 shall apply to any person holding a microbrewery permit and a bar and grill liquor license, except that either dual holder: (i) May sell the brewed malt beverage for limited off-premises personal consumption pursuant to paragraph (b)(ii) of this section; (ii) May upon cessation of full service restaurant operations, serve a limited menu and continue to serve malt beverages authorized under the microbrewery permit; (iii) Shall not include sales of malt beverages authorized under the microbrewery permit, or sales other than food service and alcoholic beverages, in the annual gross sales report required under W.S. 12-4-408(c). (d) A local licensing authority may authorize a microbrewery to operate at more than one (1) location. The local licensing authority may require the payment of an additional permit fee not to exceed one hundred dollars ($100.00) regardless of the number of locations authorized for the microbrewery. All locations shall be subject to all provisions of this title related to the operation of a microbrewery. (e) The holder of a microbrewery permit under this section may also hold a manufacturer's license under W.S. 12-2-203(a).

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12-4-416. Resort hotel liquor licenses; authorized; requirements.

(a) The appropriate licensing authority in a county, city or town may issue resort hotel liquor licenses to applicants who are owners or lessees of a resort hotel that satisfies all requirements specified in subsection (b) of this section. (b) To qualify for a resort hotel liquor license under this section, the appropriate licensing authority shall require the resort hotel to: (i) Have an actual valuation of, or the applicant shall commit to expend or have actually expended on the resort hotel, not less than five million dollars ($5,000,000.00). Any valuation under this paragraph shall include the value of the land on which the resort hotel is located; (ii) Include a full-service restaurant that shall be open during regular business hours. At the discretion of the appropriate licensing authority, variances to this time requirement may be granted on a seasonal basis. As used in this paragraph, "full-service restaurant" means a restaurant where waiters deliver food and drink offered from a printed food menu to patrons at tables or booths and that has a dining room or rooms, kitchen and the number and kind of employees necessary for the preparing, cooking and serving of meals; (iii) Include within the resort hotel not less than twenty (20) sleeping rooms for short-term occupancy; (iv) Provide dining services to guest rooms for not less than twelve (12) hours each day; and (v) Provide facilities for business meetings that can accommodate not less than fifty (50) participants.

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

(a) Upon an application to the city of Laramie for a malt beverage permit, the city shall issue a special malt beverage permit to the board of trustees of the University of Wyoming for sale of malt beverages drawn only 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 alcoholic beverage 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 this section is one hundred dollars ($100.00). (c) The board of trustees of the University of Wyoming shall provide rules and regulations for the following: (i) Locations in which malt beverages may be sold; (ii) Repealed by Laws 2017, ch. 63, § 2. (iii) The hours and days of the operation of the licensed building, 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 licensed building; (v) A uniform procedure of age identification for all purchasers; (vi) Locations within the student union where malt beverages may be consumed; and (vii) Such other rules and regulations necessary to carry out the purposes of this section. (d) Repealed By Laws 2001, Ch. 105, § 2. (e) The board of trustees may prohibit dispensing malt beverages by any seller designated under paragraph (c)(iv) of this section, for any period less than ninety (90) days, upon information that violations of state law have occurred.

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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 malt beverages only may be issued by the appropriate licensing authority to any responsible person or organization for sales at a picnic, bazaar, fair, rodeo, special holiday or similar public gathering. No person or organization holding the special permit shall sell any alcoholic liquor other than malt beverages on the premises described on the permit, nor shall any malt beverage be sold or consumed off the premises authorized by the permit. Malt beverage permits under this subsection shall not be used to operate a continuing business. (b) A catering permit authorizing the sale of alcoholic and malt beverages may be issued by the appropriate licensing authority to any person holding a retail or resort retail liquor license authorizing the off-premises sale of both alcoholic and malt beverages, for sales at events not capable of being held within the licensee's licensed premises. No licensee holding a catering permit shall sell or permit consumption of any alcoholic or malt beverage off the premises described in the permit. Notwithstanding any other provision of this subsection, closed-container items sold at auction for the benefit of a nonprofit organization may be taken off-premises. Catering permits under this subsection shall not be used to operate a continuing business. (c) The permits authorized by this section shall be issued for one (1) twenty-four (24) hour period, subject to the schedule of operating hours set pursuant to W.S. 12-5-101. No person or organization shall receive more than a total of twelve (12) malt beverage and thirty-six (36) catering permits for sales at the same premises in any one (1) year. (d) The malt beverage permit and the catering permit shall be issued on application to the appropriate licensing authority without public notice or hearing. An application for a malt beverage permit or catering permit under this section shall be accompanied by a designation of the event for which the application is sought specifying the type of event and the name of the sponsor. Any applicant applying for a permit authorized by this section and having licensed premises located within a jurisdiction other than that jurisdiction to which application is made, shall secure the written approval of the licensing authority of that jurisdiction in which the licensed premises are located prior to filing an application for a permit. (e) The fee for the malt beverage permit and the catering permit shall be not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) per twenty-four (24) hour period, payable to the appropriate licensing authority.

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

Repealed by Laws 1979, ch. 156, § 3.

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

(a) The appropriate licensing authority in a county, city or town may issue a special malt beverage permit to any responsible person or organization for sales of malt beverages at public auditoriums, civic centers or events centers. The licensing authority shall establish an appropriate fee for the permit. Additionally, the licensing authority shall specify the duration of the permit and where malt beverages may be sold and consumed under the permit. The issuing body may provide rules to implement this section. (b) Repealed by Laws 2017, ch. 50, § 2. (c) Repealed by Laws 2017, ch. 50, § 2. (d) Repealed by Laws 2017, ch. 50, § 2. (e) Repealed by Laws 2017, ch. 50, § 2; ch. 63, § 2.

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

(a) Repealed by Laws 2021, ch. 22, § 3. (b) Repealed by Laws 2021, ch. 22, § 3. (c) Repealed by Laws 2017, ch. 63, § 2.

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

Repealed by Laws 2004, Ch. 73, §2.

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12-4-507. Malt beverage permit for events conducted at rodeo arenas.

(a) Upon application and upon submission of a reasonable malt beverage sales and control plan mutually agreeable to the applicant and the licensing authority, the appropriate licensing authority shall issue a special malt beverage permit for the sale of malt beverages only at events conducted on the grounds of an indoor or outdoor rodeo with a total seating capacity of over seven thousand five hundred (7,500). The permit may be issued without public notice or hearing. An application for a permit under this section shall be accompanied by a designation of the event for which the application is sought specifying the type of event and the name of the sponsor. The malt beverages shall be served only on grounds contiguous or immediately adjacent to the arena in areas specifically designated by the permittee and approved by the licensing authority. Contiguous or adjacent grounds shall be fenced or otherwise enclosed as approved by the licensing authority. The issuance of a malt beverage permit under this subsection shall not be considered an alcoholic beverage permit issued on the basis of population as provided in W.S. 12-4-201. Malt beverages shall only be sold for consumption under a permit issued under this section during the dates of an event. W.S. 12-5-201 shall not apply to this section. (b) The fee for a permit issued under subsection (a) of this section shall be established by rule of the licensing authority but shall not exceed two (2) times the maximum fee provided for twenty-four (24) hour permits under W.S. 12-4-502(e) for each day of the event. (c) A licensing authority may adopt rules to implement this section provided: (i) Permit fees may be graduated based upon expected attendance at the event; (ii) No permittee shall be assessed any additional fee by a licensing authority for the issuance of a special malt beverage permit under this section. Nothing in this paragraph shall prohibit a licensing authority from: (A) Negotiating with a permittee for the voluntary payment of costs incurred by the licensing authority related to the permitted event; or (B) Recouping costs incurred by the licensing authority related to the permitted event to which the licensing authority is otherwise entitled under Wyoming law.

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

(a) After public hearing and with the approval of the licensing authority, a license or permit may be transferred to or renewed on different premises on the same basis as the original application. An additional license fee of not more than one hundred dollars ($100.00) is required for the remaining term of the license or permit. A transferred license or permit shall expire on the same date as the original license or permit. (b) A licensee, or the executor or administrator of the estate of a deceased licensee, may assign and transfer the license or permit by a sale made in good faith. The assignment and transfer shall first have the approval of the licensing authority, which consideration shall be based in part upon a public hearing and an application filed under oath by the assignee or transferee showing the person or entity to be qualified to hold a license or permit under Wyoming law. The approval of the transfer shall not be given by the licensing authority if the transferring licensee is certified by the department as sixty (60) or more days delinquent in paying sales taxes pursuant to W.S. 12-2-306, or if proceedings are pending to suspend, revoke or otherwise penalize the original license or permit holder. A transfer of a license or permit shall require the payment of an additional license fee to the appropriate licensing authority of not more than one hundred dollars ($100.00) for the transfer, and upon assignment the assignee may exercise the privilege of continuing the business authorized by the license or permit.

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

(a) The licensed premises of a license issued by a county which is located within an area annexed into the corporate limits of a city or town shall be transferred to the licensing jurisdiction of that city or town. (b) Any transfer of jurisdiction provided within this section shall not require the payment of any additional fee for the transfer. (c) Repealed by Laws 2021, ch. 22, § 3. (d) A license transferred pursuant to annexation shall be exempt from the population formula restrictions provided by W.S. 12-4-201 and 12-4-413. (e) As used in this section, "license" includes a county malt beverage permit. A city or town shall charge the same fee for a county malt beverage permit as the county.

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

(a) A county retail liquor license having licensed premises located within a five (5) mile zone around an incorporated city or town because of annexation of property shall not be denied an application for renewal by reason of annexation alone. (b) Repealed by Laws 2021, ch. 22, § 3.

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

No license or permit shall be transferred or sold except as provided by W.S. 12-4-601 and 12-4-602, used for any place not described in the license or permit at the time of issuance or subject to attachment, garnishment or execution.

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

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

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

(a) Each license issued by a city or town shall be signed by the mayor and attested by the clerk. Each license issued by a county shall be signed by the chairman of the board of county commissioners and attested by the county clerk. (b) The following shall be shown in each license: (i) The name of the licensee; (ii) An address of the licensed building in which alcoholic or malt beverages 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 conspicuous place in the licensed building.

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12-5-101. Hours of sale generally.

(a) Repealed by Laws 2017, ch. 50, § 2. (b) Repealed by Laws 2017, ch. 50, § 2. (c) Repealed by Laws 2017, ch. 50, § 2. (d) Local licensing authorities may set hours of operation for alcohol sales provided that the hours of operation are uniformly applied to establishments similarly situated.

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12-5-201. Location, regulation and restrictions as to place of sale; inspections.

(a) Except as otherwise provided in this section, the principal place in which alcoholic liquor and malt beverages are sold under a license shall be located in the licensed building for which the license is issued and as approved by the licensing authority. Alcoholic beverages may be served only in the licensed building and in an immediately adjacent fenced or enclosed area as approved by the local licensing authority. This adjacent area shall not be in another building. The licensing authority shall, as often as necessary, inspect the licensed building and adjacent areas where alcoholic beverages are served to insure that the licensee is in compliance with sanitation and fire hazard requirements and other applicable laws. (b) Repealed by Laws 2017, ch. 63, § 2. (c) Repealed by Laws 2017, ch. 63, § 2. (d) Repealed by Laws 2017, ch. 63, § 2. (e) Notwithstanding subsection (a) of this section, a licensee who holds a license other than a club license issued under W.S. 12-4-301 or restaurant license issued under W.S. 12-4-407, and who is engaged in a business operation with motel or hotel sleeping room accommodations at the same premises may sell alcoholic liquor and malt beverages in sealed containers from a minibar located in any sleeping room of the licensee's motel or hotel operation occupied by a registered guest twenty-one (21) years of age or older. Sales under this subsection shall be only to registered guests age twenty-one (21) years or more, are not subject to hours of operation set pursuant to W.S. 12-5-101 and shall be only for consumption within the motel or hotel sleeping room premises occupied by the guest. Restrictions imposed upon minors under W.S. 12-6-101 apply to sales authorized under this subsection. The price imposed upon alcoholic liquor, malt beverages and all other items available for sale from the minibar shall be clearly posted. A minibar used for purposes of this subsection shall be a closed container, refrigerated or nonrefrigerated, access to the interior of which is restricted by means of a locking device requiring the use of a key, magnetic card or similar device. The appropriate licensing authority may impose additional reasonable restrictions on the operation of a minibar licensed under this subsection. (f) A holder of a resort hotel liquor license, a resort retail liquor license, a golf club that holds a retail liquor license, a restaurant liquor license or a club limited retail liquor license or a holder of a retail liquor license or restaurant liquor license operating on a guest ranch may dispense alcoholic beverages from any location within the boundaries of the licensee's premises. Any holder of a resort hotel liquor license may sell an unopened bottle of liquor or wine to a registered guest not less than twenty-one (21) years of age for consumption on the holder's premises. The premises shall be a single property within a contiguous boundary upon which the licensee is located and which shall be identified in the license. Any location on the premises where alcoholic beverages are dispensed as approved by the licensing authority shall comply with applicable sanitation and fire hazard requirements and other applicable laws. The licensing authority shall, as often as necessary, inspect the licensed location where alcoholic beverages are dispensed to ensure that the licensee is in compliance with sanitation and fire hazard requirements. (g) Repealed by Laws 2021, ch. 22, § 3. (h) Repealed by Laws 2021, ch. 22, § 3. (j) Repealed by Laws 2021, ch. 22, § 3. (k) A licensing authority may authorize a licensee holding a retail liquor license issued under W.S. 12-4-201 to hold an event in the licensed building at which persons under the age of twenty-one (21) are permitted if: (i) No alcoholic liquor or malt beverages are sold, served, consumed or possessed by any person attending the event; (ii) No alcoholic liquor or malt beverages are accessible to persons attending the event; (iii) The licensee otherwise complies with any additional conditions which may be imposed by rule and regulation of the appropriate licensing authority, including revocation of the authorization to hold the youth event. (m) Nothing under this act shall prohibit more than one (1) liquor license holder to operate within the same building provided that each licensee maintains distinct areas within the building.

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12-5-202. Storage outside licensed premises prohibited; exception.

A retail licensee shall not store alcoholic liquor or malt beverages outside of the licensed building unless he files with the division a written statement that he stores alcoholic liquors or malt beverages in a place other than his place of business and states the exact location of the storage place.

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12-5-203. Repealed by Laws 2017, ch. 63, § 2.

Repealed by Laws 2017, ch. 63, § 2.

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12-5-204. Repealed by Laws 2017, ch. 50, § 2.

Repealed by Laws 2017, ch. 50, § 2.

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12-5-301. Conditions for operation.

(a) Upon approval of the licensing authority, a drive-in area adjacent or contiguous to the licensed building may be used by the holder of a retail liquor license for taking orders, making delivery of and receiving payment for alcoholic liquor or malt beverages under the following conditions: (i) The holder of the retail liquor license shall own the area or hold a written lease for the period for which the license was issued; (ii) Repealed by Laws 2017, ch. 63, § 2. (iii) The area shall be well lighted and subject to inspection by the licensing authority at any and all times; (iv) No walls or screens shall interfere with observing and checking the part of the area used for orders, delivery and payment; (v) No order shall be received from nor delivery made to a person under twenty-one (21) years of age or an intoxicated person in the area; (vi) No part of a publicly owned sidewalk, highway, street or alley shall be used for taking orders or conducting sales; and (vii) Alcoholic liquor or malt beverages shall be sold and delivered in the drive-in area only in the original, unopened package and consumption of alcoholic liquor or malt beverages in the drive-in area shall not be permitted.

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12-5-302. Determination to forbid or restrict.

The agents and officers of the licensing authority administering the retail liquor license shall determine whether traffic conditions or physical circumstances hindering law enforcement should require a decision forbidding or restricting sales and delivery in any drive-in area. If by resolution of the licensing authority the right of a licensee to use certain drive-in areas is forbidden or restricted that resolution shall be complied with by the licensee.

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12-5-401. Interests in licenses or permits to sell.

(a) No industry representative shall hold any interest, stock or ownership directly or indirectly, in any license to sell products of the industry at retail under privileges of a license or permit to sell any beverage or liquor in Wyoming or in any premises so licensed. This section shall not apply to any person holding a microbrewery permit pursuant to W.S. 12-4-415 or a winery permit pursuant to W.S. 12-4-414. This section shall also not apply to a person holding a manufacturer's license under W.S. 12-2-203(a) when the license is held under the complete ownership of a retail business and to the extent he may be permitted two (2) satellite manufacturer's permits pursuant to W.S. 12-2-203(g)(i) or an off-premises permit pursuant to W.S. 12-2-203(g)(ii). (b) As used in subsection (a) of this section: (i) "Complete ownership" means that all officers, owners or members are identical for all licenses and permits held; (ii) "Retail business" means the holder of a microbrewery or winery permit.

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12-5-402. Furnishing of money and products; payment in

full for malt beverages; 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 or other things of value, directly or indirectly, to any person engaged in selling products of the industry at retail under privileges of a license or permit to sell any beverage or liquor in Wyoming. The prohibition shall extend to the giving to any person for the use, benefit or relief of the person engaged in selling the industry's products and to prohibit guaranty by the industry of a loan or other financial obligation of persons engaged at retail in selling these products. With prior approval of the applicable licensing authority, malt beverage industry representatives may furnish, give or lend money or other things of value to a licensee to support annual community events open to the public if the licensee: (i) Is a nonprofit corporation organized under the laws of this state; (ii) Is qualified as a tax exempt organization under the Internal Revenue Code; and (iii) Has been in continuous operation for a period of not less than two (2) years. (b) No sale or delivery of malt beverages shall be made by a wholesaler to any licensee except for payment in full made at the time of or prior to delivery, and a licensee shall not accept or receive delivery of malt beverages except when payment is made at or prior to delivery. (c) The division may grant credit to retailers when purchasing alcoholic liquor for a period not to exceed four (4) days from date of shipment. Payments by mail for credit shipments shall be postmarked within twenty-four (24) hours of the receipt of the shipment by the retailer. The division may seize and sell all stocks of liquor of the retailer to satisfy any credit balance. Any deficiency constitutes a lien on any proceeds received through transfer of the license or permit. If a retailer defaults in payment for a shipment under this section, no further shipments shall be made to him for a period of one (1) year except on a C.O.D. basis.

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12-5-403. Furnishing of equipment; advertising materials; records to be 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 industry under the privileges of a retail liquor license or limited retail liquor license. No person licensed to sell products of the industry shall receive or be the beneficiary of any of the prohibited benefits. (b) The following materials when furnished free of charge to the wholesaler or an alcoholic beverage supplies representative, are exempt from subsection (a) of this section and may be furnished, given or loaned to any retail liquor licensee or limited retail liquor licensee: (i) National advertising and promotional materials bearing advertising matter and having no value to the retailer except as advertisements; (ii) Consumer advertising specialties bearing advertising matter; (iii) Retailer's advertising specialties bearing advertising matter; and (iv) Standard brewery or manufacturer's signs. (c) Repealed by Laws 1995, ch. 99, § 2.

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12-5-404. Repealed by Laws 1995, ch. 99, § 2.

Repealed by Laws 1995, ch. 99, § 2.

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12-5-405. Sale of alcoholic liquor.

Industry representatives shall not sell or attempt to sell any alcoholic liquor within Wyoming, except to the division. Any violation of this section is a misdemeanor.

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