Resort liquor licenses for nonprofit organizations.

2018
STATE OF WYOMING
18LSO-0438
Numbered
1.2

SENATE FILE

NO.
SF0104

Resort liquor licenses for nonprofit organizations.

Sponsored by:
Senator(s) Burns, Coe, Driskill, Kinskey and Rothfuss and Representative(s) Connolly, Gierau, Kinner, Madden, Pelkey and Schwartz

A BILL

for

AN ACT relating to alcoholic beverages; authorizing nonprofit organizations to obtain resort liquor licenses as specified; specifying licensure conditions and restrictions; and providing for an effective date.

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

Section
1
.

W.S. 12
‑
4
‑
401(a) and by creating a new subsection (d), 12
‑
4
‑
404 and 12
‑
4
‑
405
are
amended to read:

12
‑
4
‑
401
.

Resort retail liquor licenses; authorized; qualifications; provision for licenses issued prior to January 1, 1980.

(a)

The appropriate licensing authority in a county, city or town may issue resort retail liquor licenses to applicants who are owners or lessees of a resort complex where the resort complex satisfies the requirements of subsection (b) of this section
and to applicants who are nonprofit organizations that satisfy the requirements of subsection (d) of this section
.

(d)

To qualify for a resort liquor license, the appropriate licensing authority shall require a nonprofit organization to
:

(
i
)

D
escribe

the
dedicated location where it will sell alcoholic or malt beverages
;

(ii)

D
emonstrate
that
its purpose is fraternal, charitable, religious or public service
;

(iii)

Demonstrate
that it is exempt from federal income tax pursuant to section 501(c) of the Internal Revenue Code.

12
‑
4
‑
404
.

Sale of beverages for off
‑
premises consumption prohibited; exception.

(a)

Except as otherwise provided in subsection (b)
of this section
,

r
esort liquor licensees shall not sell alcoholic or malt beverages for consumption off the premises owned or leased by the licensee, except pursuant to a catering permit. The dispensing of alcoholic or malt beverages licensed to be sold hereunder shall be controlled by W.S. 12
‑
5
‑
201 and if a catering permit has been issued by W.S. 12
‑
4
‑
502(b).

(b)

R
esort liquor
licensees
licensed that are nonprofit organizations may permit closed

container items sold at an auction for the benefit of a nonprofit organization to be taken
off
of
the licensee's premises
.

12
‑
4
‑
405
.

Annual fee.

The annual fee for a resort liquor license shall be not less than five hundred dollars ($500.00) nor more than
three thousand dollars ($3,000.00)
, except that the annual fee for a resort liquor license issued to a nonprofit organization under W.S. 12
‑
4
‑
401(a) shall be not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00)
.

Section 2
.

Nothing in this act prohibits a licensing authority of an incorporated city, town or county from refusing to issue a license to a nonprofit organization as authorized by this act.

Section
3
.

This act is effective July 1, 201
8
.

(END)

1
SF0104