Manufactured alcoholic beverages.

ORIGINAL
Senate
File No
.
SF0013

ENROLLED ACT NO. 12,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to alcoholic beverages; specifying requirements for a manufacturer's license; specifying the manufactured product and amount of samples that may be dispensed; providing definitions; and providing for an effective date.

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

Section 1
.

W.S. 12
‑
2
‑
203
(a), (f), (g), (h)
(intro),
(i)(D)
, by creating
new paragraph
s

(ii)
and (i
ii
)
and by renumbering (ii) as (
iv
)
and 12
‑
4
‑
412
(d)
are amended to read:

12
‑
2
‑
203
.

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

(a)

The division shall grant a manufacturer's license authorizing the manufacture or rectification of alcoholic liquor
or malt beverages

or an importer's license authorizing the importation of alcoholic liquor to a qualified resident within this state who submits an application to the division on forms provided by the division and pays an annual license fee of two hundred fifty dollars ($250.00) for each license. A person may be issued both a manufacturer's license and an importer's license.

Applica
n
t
s
for a manufacturer's license shall
submit with their application a copy of the applicant's federal basic permit
issued by the
United States department of the treasury
alcohol and tobacco tax and trade bureau and shall be subject to on
-
site inspections by the division
.

(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

at the site identified on the
manufacturer's
license

samples in quantities not to exceed one and one
‑
half (1.5) ounces of their
manufactured
product

manufactured at the site identified on the manufacturer's license
and no more than
two (2)
three (3) ounces of

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
granted

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

manufactured at the site identified on the manufacturer's license
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 division. 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

(a),
(f) and (g) of this section:

(i)

"Distiller" includes any person who:

(D)

Making or keeping mash, wort or wash, has

a still
in his possession or use

in operation a
t the site identified on the manufacturer's license
.

(ii)

"In operation" means is currently being operated or has been operated in the preceding twelve (12) months with all necessary permits;

(ii
i
)

"Manufacture"
or
"manufactured"

means distilling or rectifying and bottling or packaging any spirituous fluid, substance or compound intended for beverage purposes which contains at
least one
‑
half of one percent (.5%) alcohol by volume;

(ii)
(i
v
)

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

12
‑
4
‑
412
.

Microbrewery and winery permits; authorized; conditions; dual permits and licenses; satellite winery permits; direct shipment of wine; fees.

(d)

In addition to subsection (b) of this section, the local licensing authority may issue to the holder of a winery permit under this section a satellite winery permit which allows the permittee to sell
its manufactured

wine

manufactured at the site identified on the manufacturer's license
at up to three (3) satellite locations within Wyoming separate from its licensed manufacturing site under the original permit fee. The satellite winery 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) regardless of the number of satellite locations. The satellite winery
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 of W.S. 12
‑
5
‑
201.

Section

2
.

This
act is effective July 1,
201
7
.

(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