Restaurant liquor licenses.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0550

HOUSE BILL
NO.
HB0220

Restaurant liquor licenses.

Sponsored by:
Representative(s) Latta, Illoway, McOmie and Walsh

A BILL

for

AN ACT relating to alcoholic beverages; providing for restaurant liquor licenses as specified; regulating the sale of alcoholic beverages under a restaurant liquor license as specified; amending related provisions; and providing for an effective date.

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

Section 1.
W.S. 12
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407 by creating a new subsection (e), 12
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410(a) and (b), 12
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502(b) and 12
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201(a), (c) and (h) are amended to read:

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407.

Restaurant liquor license; authorized; limitation.

(e) Any premise licensed as a retail liquor license authorized under W.S. 12
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201 prior to July 1, 2005, shall not be licensed as a restaurant liquor license prior to June 30, 2015.

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410.

Sale of alcoholic beverages for off-premises consumption prohibited; location, regulation and restrictions on dispensing of liquor; prohibiting certain activities.

(a)

Restaurant 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 (b) 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
Alcoholic and malt beverages secured in the licensed dispensing room by a server over the age of eighteen (18) years of age may be served only in the building in which the licensed dispensing room is located and in an immediately adjacent fenced or otherwise enclosed area as approved by the local licensing authority
.

(b)

Alcoholic and malt beverages shall be dispensed and prepared for consumption in one (1) room upon the licensed premises
.

separated from the dining area in which alcoholic and malt beverages may be served and in the case of a golf course upon which a restaurant liquor license is operational or in the case of a guest ranch upon which a retail or restaurant liquor license is operational, at dispensing areas on the premises of the golf course or guest ranch as permitted by the licensing authority. No consumption of alcoholic or malt beverages shall be permitted within the dispensing room, nor shall any person other than employees over eighteen (18) years of age be permitted to enter the dispensing room. If a restaurant has a dispensing room separate from the dining area which is licensed prior to February 1, 1979 for purposes of alcoholic or malt beverage sales and consumption, the restaurant may dispense alcoholic or malt beverages in the separate dispensing room under a restaurant liquor license,

and
Fermented liquor obtained in the licensed dispensing room may be opened and poured at a table or booth by
any person over eighteen (18) years of age
is permitted to enter the separate dispensing room
in a dining room that is not part of the licensed dispensing room or in an immediately adjacent fenced or otherwise enclosed area as approved by the local licensing authority
.

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502.

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

(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
, restaurant
or resort retail liquor license authorizing the off-premises sale of both alcoholic and malt beverages, for sales at meetings, conventions, private parties and dinners or at other similar gatherings 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.

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201.

Location, regulation and restrictions as to place of sale; inspections; additional dispensing rooms.

(a)

For retail and club limited retail liquor licenses, t
he principal place in which alcoholic liquor and malt beverages are sold under a license shall be located in one (1) room upon the premises for which the license is issued and as approved by the licensing authority. Upon payment of an additional license fee equal to two-thirds (2/3) of the fee paid for the original license, a licensee may have and maintain one (1) additional dispensing room in the same building under the authority of the original license. Alcoholic beverages secured in the licensed room by a server may be served only in the building in which the licensed room is located and in an immediately adjacent fenced or enclosed area as approved by the local licensing authority. This area shall not be in another building and shall be located on the licensed premises. Only alcoholic and malt beverages, nonalcoholic beverages, food, tobacco and alcoholic liquor and malt beverage promotional sales items sold to the licensee bearing the name and trademark of the alcoholic liquor and malt beverage firm or company whose product the item is advertising, may be sold and served in the licensed room. The licensing authority shall, as often as necessary, inspect the licensed room and adjoining rooms where alcoholic beverages are served to insure that the licensee is in compliance with sanitation and fire hazard requirements and other applicable laws. A
retail liquor
licensee may separate the facility for the sale of alcoholic liquor and malt beverages for off-premise consumption from the facility used to serve customers for on-premise consumption without payment of an additional fee. A separated facility for making sales for off-premise consumption shall be located adjoining the facility for making sales for on-premise consumption. The two (2) facilities may be separated by a glass or other suitable partition.

(c)

Licensing authorities may issue a twenty-four (24) hour permit to any
retail or club limited retail
licensee authorizing the sale of alcoholic or malt beverages in one (1) additional dispensing room in the same building licensed by the original license for a twenty-four (24) hour period only. No one (1) licensee shall be issued more than six (6) permits in any one (1) year period. The fee for the permit shall be not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00).

(h)

With the approval and on the conditions imposed by the licensing authority, any
retail or
restaurant liquor licensee operating on a golf course may 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 of such licenses, but such holders shall comply with all applicable sanitation and fire hazard requirements, and other applicable laws.

Section 2.
W.S. 12
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410(d) is repealed.

Section 3.
This act is effective July 1, 2005.

(END)

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HB0220