SF0014 • 2017

Inoperative liquor licenses.

AN ACT relating to alcoholic beverages; modifying requirements on liquor licensees to demonstrate a business or enterprise will be operational or open for business; and providing for an effective date.

Elections

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Corporations
Last action: 2017-03-08
Official status: enrolled
Effective date: 7/1/2017

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0014H2001

2nd reading • Zwonitzer

Adopted

Plain English: Adopted 2nd reading by Zwonitzer

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0014S2001

2nd reading • Perkins

Adopted

Plain English: Adopted 2nd reading by Perkins

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0014JC001

Conference Committee

S Adopted, H Adopted

Plain English: S Adopted, H Adopted Conference Committee

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2017-03-08 LSO
Assigned Chapter Number
2017-03-08 Governor
Governor Signed SEA No. 0069
2017-03-02 House
H Speaker Signed SEA No. 0069
2017-03-01 Senate
S President Signed SEA No. 0069
2017-03-01 LSO
Assigned Number SEA No. 0069
2017-02-27 Senate
S Appointed JCC01 Members
2017-02-24 House
H Appointed JCC01 Members
2017-02-23 Senate
S Appointed JCC01 Members
2017-02-23 Senate
S Concur:Failed 0-28-0-0-2
2017-02-22 Senate
S Received for Concurrence
2017-02-22 House
H 3rd Reading:Passed 51-8-1-0-0
2017-02-21 House
H 2nd Reading:Passed
2017-02-16 House
H 2nd Reading:Laid Back
2017-02-15 House
H COW:Passed
2017-02-14 House
H Placed on General File
2017-02-14 House
H07 - Corporations:Recommend Do Pass 8-1-0-0-0
2017-02-03 House
H Introduced and Referred to H07 - Corporations
2017-01-23 House
H Received for Introduction
2017-01-20 Senate
S 3rd Reading:Passed 27-1-1-0-1
2017-01-19 Senate
S 2nd Reading:Passed
2017-01-18 Senate
S COW:Passed
2017-01-17 Senate
S Placed on General File
2017-01-17 Senate
S07 - Corporations:Recommend Do Pass 4-0-0-0-1
2017-01-12 Senate
S Introduced and Referred to S07 - Corporations
2017-01-09 Senate
S Received for Introduction
2016-12-05 LSO
Bill Number Assigned

Official Summary Text

Bill Summary

Bill No.:
SF0014
Effective
:
7/1/2017

LSO No.:
17LSO-0031

Enrolled Act No.:
SEA No. 0069

Chapter No.:
[Chapter Number_RO]

Prime Sponsor:
Joint Corporations, Elections & Political Subdivisions Interim Committee

Catch Title:
Inoperative liquor licenses.

Subject:
Modifies requirements on liquor
license
e
s
to demonstrate a business or enterprise will be operational or open for business.

Summary/Major Elements:

Existing law prohibits the issuance or transfer of a license or permit to a licensee who fails to demonstrate that his licensee enterprise will be operational in a planned but not physically functional building within two (2) years after issuance or transfer. This act decreases that time period to one (1) year. The act also modifies the definition of “operational” to mean offering for sale on an ongoing weekly basis to the general public alcoholic liquor and malt beverages.

Existing law prohibits the holding of a license
by

a
licensee who fail
s
to open his business in a functional building within two (2) years after license issuance or transfer. This act decreases that time period and specifies that the prohibition applies to
a licensee
who fail
s
to open
his
business within that one (1) year and remain operational thereafter. The act defines “remain operational” as operational consecutively, in any license term year, for twelve (12) months or for not less than three (3) months if determined by the local licensing authority to be a seasonal operation.

Existing law authorizes a local licensing authority, upon a showing of good cause by the licensee, to extend the time periods in which the business or enterprise is required to become operational or open for business for an additional period of not to exceed one (1) year. This act specifies that once an enterprise is operational or open for business, no licensee shall be eligible to repeat any grace period without the consent of the local licensing authority due to extraordinary circumstances.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill
.

Current Bill Text

Read the full stored bill text

ORIGINAL
Senate
ENGROSSED
File No
.
SF0014

ENROLLED ACT NO. 69,

SENATE

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

AN ACT relating to alcoholic beverages; modifying requirements on liquor licensees to demonstrate a business or enterprise will be operational or open for business; 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)(xxi) and 12
‑
4
‑
103(a)(iv) are amended to read:

12
‑
1
‑
101
.

Definitions.

(a)

As used in this title:

(xxi)

"Operational" means offering for sale
on an ongoing weekly basis

to the general public alcoholic liquor and malt beverages as authorized under a license or permit issued under this title
;
for not less than

three (3)

consecutive months during any calendar year;

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:

(iv)

Any licensee who fails to demonstrate that his licensed alcoholic or malt beverage enterprise will be operational in a planned but not physically functional building within
two (2) years

one (1) year
after a license or permit has been issued or transferred, or if holding a license, fails to open his business in a functional building within
two (2) years

one (1) year
after license issuance or transfer

and remain operational thereafter
. Upon a showing of good cause by the licensee and for an
additional period of not to exceed one (1) year, the local licensing authority may extend the time period in which the business or enterprise of the licensee is required to become operational or open for business pursuant to this paragraph. Any license or permit in violation of this paragraph shall not be renewed by the local licensing authority

and once
the enterprise is
operational or open for business, no licensee shall be eligible to repeat the grace periods made available by this paragraph
without the consent of the local licensing authority due to extraordinary circumstances
. For purposes of this paragraph "remain operational" means operational consecutively
, in any license term year,
for twelve (12) months or for not less than three (3) months if determined by the local licensing authority to be a seasonal operation
;

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