HB0118 • 2005

Open containers of wine.

AN ACT relating to alcoholic beverages; providing for transportation of a resealed bottle of wine under specified conditions; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Berger
Last action: 2005-02-24
Official status: enrolled
Effective date: 7/1/2005

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0118HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2005-02-24 LSO
Assigned Chapter Number - 92
2005-02-24 Governor
Governor Signed HEA0057
2005-02-22 Senate
S President Signed HEA No. 0057
2005-02-22 House
H Speaker Signed HEA No. 0057
2005-02-17 LSO
Assigned Number HEA0057
2005-02-17 Senate
S Passed 3rd Reading
2005-02-16 Senate
S Passed 2nd Reading
2005-02-15 Senate
S Passed CoW
2005-02-10 Senate
S Placed on General File
2005-02-10 Senate
S01 Recommended Do Pass
2005-02-02 Senate
S Introduced and Referred to S01
2005-02-02 Senate
S Received for Introduction
2005-02-01 House
H Passed 3rd Reading
2005-01-31 House
H Passed 2nd Reading
2005-01-28 House
H Passed CoW
2005-01-28 House
Amendment Adopted
2005-01-28 House
H Amendments Adopted
2005-01-25 House
H Placed on General File
2005-01-25 House
H01 Recommended Amend and Do Pass
2005-01-12 House
H Introduced and Referred to H01
2005-01-11 House
H Received for Introduction
2005-01-06 LSO
Bill Number Assigned

Official Summary Text

2005 General Session Summary for HB0118

Bill
No.:
HB0118
Drafter:

LGC

LSO
No.:
05LSO-0377
Effective Date:

7/1/2005

Enrolled
Act No.:
HEA0057

Chapter
No.:
92

Prime
Sponsor:
Representative Berger

Catch
Title:
Open containers of wine.

Subject:
Allows
persons who purchase a bottle of wine with a full course meal who do not finish
the bottle to take the unfinished bottle home in a sealed package.

Summary/Major
Elements:

Allows persons who
purchase a bottle of wine with a full course meal who do not finish the bottle
to take the unfinished bottle home in a sealed package.

Requires the restaurant to seal the bottle in a tamper-proof transparent
bag before the patron leaves the restaurant.

Provides that transport of the resealed bottle of wine does not violate
the open container laws.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0118

ENROLLED ACT NO. 57, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to alcoholic beverages; providing for transportation of a resealed bottle of wine under specified conditions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 12
‑
4
‑
410(a) and by creating a new subsection (e) and 31
‑
5
‑
235(b) are amended to read:

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, r
estaurant liquor licensees shall not sell alcoholic or malt beverages for consumption off the premises owned or leased by the licensee. Except as provided in
subsection
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.

(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.

31
‑
5
‑
235.

Consumption and possession of alcoholic beverages in opened containers by operator of vehicle prohibited; definitions; penalty.

(b)

No person shall consume or possess any alcoholic beverage while operating a motor vehicle on a public street or public highway unless the beverage is in the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed.
Notwithstanding this section, a resealed bottle of wine may be transported as provided in W.S. 12
‑
4
‑
410(e).

Section 2.
This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk