Alcoholic beverages-manufacturers.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0045

ENROLLED ACT NO. 7, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF WYOMING
2012 BUDGET SESSION

AN ACT relating to
alcohol; providing for
dispensing
of samples of manufactured
distilled spirits
; providing for satellite facility permits for licensed manufacturers of
distilled
and rectified
spirits
;

providing definition
s
;
providing an exemption as specified;

and providing for an effective date.

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

Section 1.

W.S. 12
‑
2
‑
203 by creating new subsections (f)
through
(
h
)
and 12
‑
5
‑
401 are
amended to read:

12
‑
2
‑
203.

Manufacturing and rectifying; importing and industry representatives; licensing; fees.

(f)

A holder of a manufacturer
'
s license under subsection (a) of this section
who is a
federally licensed
distiller
or rectifier

may
dispense free of charge
on-site samples in quantities not to exceed one and one
-
half (1.5) ounces of their manufactured product and no more than two (2) samples per consumer per day. The
dispensing
of samples shall be subject to the schedule of operating hours provided in W.S. 12
‑
5
‑
101 and the dispensing room provisions provided in W.S. 12
‑
5
‑
201.

(g)

The local licensing authority may issue to the holder of a manufacturer
'
s license under subsection (a) of this section
who is a
federally licensed
distiller
or rectifier
,
a satellite manufacturer
'
s permit which allows the permittee to sell its manufactured product at
not more
than
one (1)
satellite location within Wyoming separate from its manufacturing site under the original permit. All products sold at a manufacturer
'
s satellite location
shall
be obtained through the
c
ommission. The satellite manufacturer
'
s permit may be issued on application to the
appropriate licensing authority. The local licensing authority may require a public hearing and the payment of an additional permit fee not to exceed one hundred dollars ($100.00). The satellite manufacturer
'
s permit shall be subject to the terms and conditions of W.S. 12
‑
4
‑
106, the schedule of operating hours provided in W.S. 12
‑
5
‑
101 and the dispensing room provisions pursuant to W.S. 12
‑
5
‑
201.

(h)

For purposes of subsections (f) and (g) of this section
:

(i)

"
D
istiller
"
includes any person who:

(
A
)

Produces distilled spirits from any source or substance;

(
B
)

Brews or makes mash, wort or wash fit for distillation or for the production of distilled spirits, other than the making or using of mash, wort or wash in the authorized production of wine or beer, or the production of vinegar by fermentation;

(
C
)

By any process separates alcoholic spirits from any fermented substance; or

(
D
)

Making or keeping mash, wort or wash, has a still in his possession or use.

(ii)

"
Rectifier
"
includes any person who colors, flavors or otherwise processes distilled spirits by distillation, blending, percolating or other processes.

12
‑
5
‑
401.

Interests in licenses or permits to sell.

No industry representative shall hold any interest, stock or ownership directly or indirectly, in any license to sell
products of the industry at retail under privileges of a license or permit to sell any beverage or liquor in Wyoming or in any premises so licensed. This section shall not apply to any person holding a microbrewery or winery permit pursuant to W.S. 12
‑
4
‑
412.
This section shall also not apply to a person holding a manufacturer
'
s license under W.S. 12
‑
2
‑
203(a) to the extent he may be permitted one (1) satellite manufacturer
'
s permit pursuant to W.S. 12
‑
2
‑
203(g).

Section 2.

This act is effective July 1, 2012.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1