Homemade beverages.

ORIGINAL
Senate
ENGROSSED
File No
.
SF0062

ENROLLED ACT NO. 28,

SENATE

SIXTY-THIRD LEGISLATURE OF THE STATE OF WYOMING
2016 Budget Session

AN ACT relating to alcoholic beverages; authorizing events related to consumption of homemade beer, mead, wine and fermented fruit juices as provided; providing exemptions to penalties related to the manufacture and sale of homemade beer, mead, wine and fermented fruit juices; providing definitions; and providing for an effective date.

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

Section 1
.

W.S. 12
‑
10
‑
102 is created to read:

12
‑
10
‑
102
.

Homemade b
everage tastings.

(a)

In addition to any other privilege granted to a licensee under this title, a licensee may conduct an organized judging, tasting, exhibition, contest or competition of homemade beers,
meads,
wines or fermented fruit ju
ices, or related events, at the premises or location where the licensee may legally serve alcoholic beverages
.
Nothing in this subsection shall be deemed to authorize any homemade beer, mead, wine or fermented fruit juice to be packaged or otherwise provided for consumption outside of the premises where the judging, tasting, exhibition, contest, competition or related event is occurring.

T
he
local
licensing authority
may restrict the portion of the premises that may be used for the judging, tasting, exhibition, contest, competition or related event.
Homemade beers,
meads,
wines or fermented fruit juices provided at an event under this subsection shall not be provided for financial consideration.

(b)

A licensee shall not acquire any ownership interest in homemade beers,
meads,
wines or fermented fruit juices stored for
any period to be provided at
an event under this section. The homemade beers,
meads,
wine
s and fermented fruit juices stored for

the
event shal
l be
clearly identified
and
shall be
kept separate from the alcoholic
and malt beverage
stock of the licensee. Nothing in this subsection shall prohibit a licensee from using homemade beers,
meads,
wines and fermented juices in conducting an organized event under subsection (a) of this section.

(c)

As used in this section:

(i)

"Financial consideration" means value that is given or received directly or indirectl
y through sales,
fees, charges
,
dues, contributions or donations. "Financial consideration"
shall
not include:

(A)

A tax deduction or credit for donating beer,
mead,
wine or fermented fruit juice to a nonprofit organization;

(B)

An event admission charge
,
cover charge
or club or
organization dues, if the amount of the
charge or
dues is independent of the
amount
of
beer,
mead,
wine or fermented fruit juice
to be provided or consumed at the event or through club or organization activities;

(C)

A prize awarded at a state or county fair or other organized judging, tasting, exhibition, contest or competition
event
at which consumption of a submitted beer,
mead,
wine or fermented fruit juice is
offered
without charge and only by the entrants, judges, exhibitors, contestants or competitors;

(D)

The receipt of homemade beer,
mead,
wine or fermented fruit juice
manufactured
by
another person
;

(E)

The receipt of b
eer,
mead,
wine or fermented fruit juice ingredients;

(F)

Wages and salaries paid by an educational organization for teaching brewing, winemaking, fermentation science or fermentation processes.

(ii)

"Homemade" means made for noncommercial purposes;

(iii)

"Noncommercial" means not
sold, offered for sale or otherwise
conditioned upon the provision or receipt of financial consideration.

Section 2
.

W.S. 12
‑
1
‑
101(
a)(xxiv)
, 12
‑
3
‑
102,
12
‑
8
‑
102
and 35
‑
7
‑
124 by
creating
a new subsection (j)
are amended to read:

12
‑
1
‑
101
.

Definitions.

(a)

As used in this title:

(xxiv)

"This title" means W.S. 12
‑
1
‑
101 through
12
‑
10
‑
101
12
‑
10
‑
102
;

12
‑
3
‑
102
.

Confiscation authorized; disposition; when seizure permitted.

(a)

When an authorized inspector discovers alcoholic liquors or malt beverages upon which excise taxes have not been paid in the possession of a licensee, he shall take possession of and hold the alcoholic liquors or malt beverages as evidence against the offender. If the offender is convicted of a violation of W.S. 12
‑
3
‑
101, the court shall order that the untaxed liquor or beverage be delivered to the
commission

division
, if merchantable, where it will be added to its stock and sold in the usual course of business. If the liquors or beverages are determined to be nonmerchantable, the court shall order
their destruction.
This subsection shall not apply to homemade beverages that are provided in accordance with an event under W.S. 12
‑
10
‑
102, provided that the beverages shall be removed from the premises within twenty
‑
four (24) hours following the end of the event.

(b)

Whenever an inspector, agent or employee of the
commission

division
or any peace officer of the state lawfully discovers alcoholic liquors or malt beverages which have been unlawfully imported or transported, he may seize the alcoholic liquor or malt beverage and packages in which they are contained for use as evidence and shall not be removed from state control upon writ of replevin or other like process.
Nothing in this section shall apply to the transportation of homemade beverages to or from an event held pursuant to W.S. 12
‑
10
‑
102.

12
‑
8
‑
102
.

Manufacturing, rectifying or sale without license or permit; penalties.

(a)

Any person who manufactures or rectifies any alcoholic beverage without holding a manufacturer's license or who possesses a still without holding a manufacturer's license is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both. Any equipment possessed and used in an illegal manner shall be confiscated by the state and disposed of as directed by the court. Nothing in this subsection shall
prohibit any person from manufacturing fermented or malt beverages in limited quantities for his sole personal consumption.
apply
to the manufacture of homemade beer, mead, wine and fermented fruit juice if the total of beer, mead, wine and fermented fruit juice produced during a calendar year does not exceed:

(i)

One hundred (100) gallons in a household having one (1) person who is twenty
‑
one (21) years of age or older; or

(ii)

Two hundred (200) gallons in a household having two (2) or more persons who are twenty
‑
one (21) years of age or older.

(b)

Except as
otherwise
provided in
W.S. 12
‑
10
‑
102
, a
ny person who sells any alcoholic liquor or malt beverage without holding a license or permit authorizing the sale is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.

35
‑
7
‑
124
.

License required; exemptions; electronic transmittals.

(j)

The provisions of subsection (a) of this section shall not apply to homemade beverages provided at an event held pursuant to W.S. 12
‑
10
‑
102.

Section
3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(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