Liquor licenses.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0087

HOUSE BILL
NO.
HB0002

Liquor licenses.

Sponsored by:
Joint Corporations, Elections and Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to alcoholic beverages; modifying the population formula for retail liquor licenses and malt beverage permits; restricting transfer of certain new licenses; modifying the number of authorized licenses and permits issued by county commissioners; providing for county malt beverage permit locations; 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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4
‑
201(d)(iii), (f)(ii)
,
(iii) and by creating a new section (j) and 12
‑
4
‑
601(b) are amended to read:

12
‑
4
‑
201.

Retail liquor licenses and malt beverage permits; population formulas; fees.

(d)

Effective January 1, 1986, the number of retail liquor licenses issued shall be based on the following population formula:

(iii)

Not more than one (1) additional license for each additional full
three thousand (3,000)
two thousand five hundred (2,500)
population over nine thousand five hundred (9,500).

(f)

Retail liquor licenses and malt beverage permits may be granted by the county commissioners as the appropriate licensing authority in a county outside of incorporated cities and towns as follows:

(ii)

No more than
three (3)
six (6)
retail liquor licenses issued for locations within five (5) miles of the corporate limits of a city or town; and

(iii)

Malt beverage permits may be issued for county locations
beyond a five (5) mile zone around incorporated cities and towns
without regard to population
, with no more than three (3) malt beverage permits being issued for locations within the five (5) mile zone around incorporated cities and town
s
.

(j)

A retail liquor license first issued on or after July 1, 2006 shall not be sold, transferred or assigned by the holder.

12
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4
‑
601.

Transfer of license location; transfer of ownership; fee.

(b)

Except as provided in W.S. 12
‑
4
‑
201(j) with respect to retail liquor licenses first issued on or after July 1, 2006, 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 proceedings, including an action to collect delinquent sales tax payments pursuant to W.S. 12
‑
2
‑
306, 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.

Section 2.

This act is effective July 1, 2006
.

(END)

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HB0002