Limited alcoholic beverage permit.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0286

HOUSE BILL
NO.
HB0067

Limited alcoholic beverage permit.

Sponsored by:
Representative(s) Zwonitzer, Dn., Blake, Byrd, Greene, Illoway, Madden and Roscoe and Senator(s) Driskill and Von Flatern

A BILL

for

AN ACT relating to
alcoholic beverages;
expanding current
special malt beverage permits
provisions to include sales of other alcoholic beverages
; changing the name of special malt beverage permits to reflect the sale of alcoholic beverages; providing conforming amendments;
and providing for an effective date.

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

Section
1
.

W.S. 12
‑
1
‑
101(a)(viii)(G)
,
(H)
and
by creating a new subparagraph (
J
),
12
‑
4
‑
103(a)(ix),
12
‑
4
‑
501
(a), (c)(i)
,
(vi) and (e)
, 12
‑
4
‑
502
(a), (c)

through
(e)
and by creating a new subsection (f)
, 12
‑
4
‑
504
(a)
, (b)(intro)

and
(c)
and 12
‑
4
‑
505
(a) and (c)(ii)
are amended to read:

12
‑
1
‑
101.

Definitions.

(a)

As used in this title:

(viii)

"Licensee" means a person holding a:

(G)

Catering permit;

or

(H)

Bar and grill liquor license
;
.

or

(
J
)

Limited alcoholic
and malt
beverage permit.

12
‑
4
‑
103.

Restrictions upon license or permit applicants and holders; license limitation per person.

(a)

A license or permit authorized by this title shall not be held by, issued or transferred to:

(ix)

A chamber of commerce, except for twenty-four (24) hour
limited alcoholic and

malt
beverage permits issued pursuant to W.S. 12
‑
4
‑
502;

12
‑
4
‑
501.

Limited alcoholic
and malt
beverage permit for University of Wyoming; fee; rules and regulations.

(a)

Upon an application to the city of Laramie for a
limited alcoholic and

malt
beverage permit, the city shall issue a special
limited alcoholic and

malt
beverage permit to the board of trustees of the University of Wyoming for sale of

alcoholic beverages and

malt
beverages
drawn only from kegs
at the student union
on the campus of the University of Wyoming. The issuance of a
limited alcoholic and

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.

(c)

The board of trustees of the University of Wyoming shall provide rules and regulations for the following:

(i)

Location of the dispensing rooms in which
alcoholic and

malt
beverages may be sold;

(vi)

Locations
within the student union
where

alcoholic and

malt
beverages may be consumed; and

(e)

The board of trustees may prohibit dispensing

alcoholic and

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.

12
‑
4
‑
502.

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

(a)

A
limited alcoholic and

malt
beverage
permit authorizing the sale of
alcoholic and

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

or malt beverage
other than
malt beverages
on the premises described on the permit, nor shall any
alcoholic or

malt
beverage be sold or consumed off the premises authorized by the permit. W.S. 12
‑
5
‑
201 does not apply to this subsection.

(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 provided by W.S. 12
‑
5
‑
101. No person or organization shall receive more than a total of twelve (12)
limited alcoholic and

malt
beverage and twenty-four (24) catering permits for sales at the same premises in any one (1) year, except that this limitation shall not be applicable to
limited alcoholic and

malt
beverage permits issued for sales at any fair, rodeo, pari-mutuel event or other similar public event conducted by a public entity upon public premises.

(d)

The
limited alcoholic and

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
limited alcoholic and

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
limited alcoholic and

malt
beverage permit and the catering permit shall be not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) per twenty-four (24) hour period, payable to the appropriate licensing authority.

(f) Notwithstanding W.S. 12
‑
2
‑
301(a), the holder of a limited alcoholic and malt beverage permit pursuant to this section may purchase alcoholic or malt beverages for resale under the conditions of the permit from any holder of a retail liquor license under this act.

12
‑
4
‑
504.

Special
limited alcoholic
and 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
limited alcoholic and

malt

beverage permit to any responsible person or organization for sales of

alcoholic and

malt
beverages at public auditoriums, civic centers or events centers meeting the qualifications of subsection (b) of this section.

(b)

To qualify for a special
limited alcoholic and

malt

beverage permit as authorized pursuant to this section the appropriate licensing authority shall require that:

(c)

No person or organization holding the special
limited alcoholic and

malt

beverage permit shall sell any alcoholic liquor

or malt beverage
other than
malt beverages
on the premises described on the permit, nor shall any

alcoholic or

malt

beverage be sold for consumption off the premises authorized by the permit.

It shall be the duty and obligation of the issuing body and the holder of the permit to see that no sales are made to any person under the age of twenty-one (21) years.

12
‑
4
‑
505.

Limited alcoholic
and malt
beverage permit for state fair.

(a)

Upon application, the appropriate licensing authority shall issue to the director of the department of agriculture a
limited alcoholic and

malt
beverage permit for the sale of

alcoholic and

malt
beverages
only
on the state fairgrounds during the state fair. W.S. 12
‑
5
‑
201 does not apply to this subsection. The issuance of a
limited alcoholic and

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.
Alcoholic and m
alt

beverages shall only be sold for consumption on the state fairgrounds in areas specifically designated by the director of the department of agriculture.

(c)

The director of the department of agriculture shall promulgate rules and regulations concerning:

(ii)

The location of areas where

alcoholic and

malt
beverages may be consumed on the state fairgrounds;

Section
2
.

W.S. 12
‑
1
‑
101(a)(viii)(E) is repealed.

Section
3
.

This act is effective July 1, 2012.

(END)

1
HB0067