Liquor licenses-dispensing rooms.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0234

HOUSE BILL
NO.
HB0043

Liquor licenses-dispensing rooms.

Sponsored by:

Representative(s) Byrd

A BILL

for

AN ACT relating to
liquor licenses; repealing additional fees for additional dispensing rooms in licensed facilities; providing for notification of additional dispensing rooms as specified;
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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5
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201
(a), (b)(intro), (c) through (f) and (j)
is amended to read:

12
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5
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201.

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

(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 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

notification to the local licensing authority
, 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, 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, promotional products bearing the name of the licensed retailer, billiard and dart supplies, newspapers, magazines and periodicals 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 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

notification to the local licensing authority
. 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.

(b)

If a licensee is engaged in a business operation with convention facilities, the licensee may maintain more than one (1) additional dispensing room under the same
fee

notification
referred to in subsection (a) of this section. For purposes of this subsection, a convention facility shall have and maintain all of the following:

(c)

Licensing authorities may issue a twenty-four (24) hour permit to any 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)

There shall be no additional fee for the permit
.

(d)

If the licensee is engaged in the operation of or is a concessionaire for a public auditorium, civic center or events center, the licensee may dispense alcoholic liquors or malt beverages in any room or other appropriate location within the confines of the licensed premises approved by the licensing authority under the same
fee

notification
specified in subsection (a) of this section.

(e)

Notwithstanding subsection (a) of this section, a licensee who holds a license other than a club license issued under W.S. 12
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301 or restaurant license issued under W.S. 12
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407, and who is engaged in a business operation with motel or hotel sleeping room accommodations at the same premises may
, at an additional fee of not to exceed one-half (1/2) of the fee paid for the original license,
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 imposed under W.S. 12
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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
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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 retail liquor license may dispense alcoholic beverages from any location within the boundaries of the resort premises. The resort premises shall be a single property within a contiguous boundary upon which the resort is located and which shall be identified in the license. Subsections (a) through (c) and
(e) of this section do not apply to holders of a resort retail liquor license with respect to alcoholic beverages dispensed within the contiguous boundaries of the resort premises for which a resort retail liquor license is issued, except that any location on the resort 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.

For each additional fixed dispensing location, the applicant shall pay an annual fee equal to sixty-six and two-thirds percent (66 2/3%) of the original license fee.

(j)

Any retail or restaurant liquor licensee operating on a guest ranch as defined by W.S. 12
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101(a)(xxiii) may dispense alcoholic beverages from any location within the boundaries of the guest ranch premises. The guest ranch premises shall be a single property within a contiguous boundary upon which the guest ranch is located and which shall be identified in the license. Subsections (a) through (c) and (e) of this
section do not apply to holders of such licenses. 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 and other applicable laws.

For each additional fixed dispensing location, the applicant shall pay an annual fee equal to two-thirds (2/3) of the original license fee.

Section 2.
This act is effective July 1, 2012.

(END)

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HB0043