Alcoholic beverage regulation.

21LSO-0041

ORIGINAL House

ENGROSSED
Bill No
.
HB0013

ENROLLED ACT NO. 17,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to the regulation of alcoholic and malt beverages; creating, revising and repealing provisions governing the regulation of alcoholic and malt beverages; and providing for an effective date.

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

Section 1
.

W.S. 12
‑
4
‑
414, 12
‑
4
‑
415 and 12
‑
5
‑
601 are created to read:

12
‑
4
‑
414.

Winery permits; authorized; conditions; satellite winery permits; direct shipment of wine; fees.

(a)

Subject to restrictions imposed under W.S. 12
‑
4
‑
103 excluding W.S. 12
‑
4
‑
103(a)(vi), a local licensing authority may issue a winery permit authorizing a permit holder to manufacture wine and dispense the manufactured wine for on
‑
premises and limited off
‑
premises personal consumption.

(b)

The local licensing authority:

(i)

May allow the sale of other wines under a winery permit for on
‑
premises consumption when obtained from the division;

(ii)

May allow the winery to sell its manufactured wine on site for off
‑
premises personal consumption, not for retail sale, in packaging of bottles of an aggregate volume not to exceed two thousand twenty
‑
eight (2,028) ounces per sale;

(iii)

In accordance with the process established under article 1 of this chapter, may allow the transfer of
a winery permit to another location and ownership of the winery may be transferred upon approval by the local licensing authority;

(iv)

Shall assess a fee of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) payable annually in advance for each winery permit. When dual ownership of a winery permit and a liquor license exists no additional fee shall be assessed other than the retail, restaurant, bar and grill or resort license fee.

(c)

W.S. 12
‑
4
‑
410 shall apply to any person holding a winery permit and a restaurant liquor license and W.S. 12
‑
4
‑
413 shall apply to any person holding a winery permit and a bar and grill liquor license, except that either dual holder:

(i)

May sell the manufactured wine for limited off
‑
premises personal consumption pursuant to paragraph (b)(ii) of this section;

(ii)

May upon cessation of full service restaurant operations, serve a limited menu and continue to serve wines authorized under the winery permit;

(iii)

Shall not include sales of wines authorized under the winery permit, or sales other than food service and alcoholic beverages, in the annual gross sales report required under W.S. 12
‑
4
‑
408(c).

(d)

A 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 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 set pursuant to W.S. 12
‑
5
‑
101 and the licensed building provisions of W.S. 12
‑
5
‑
201.

(e)

Notwithstanding paragraph (b)(ii) of this section and W.S. 12
‑
5
‑
201, any person holding a winery permit as provided by this section, may sell and ship its manufactured wine which is not listed with the liquor division as part of its inventory and distribution operation to any Wyoming retail establishment which holds a liquor license in this state.

(f)

Any licensed winery holding a winery permit pursuant to this section shall:

(i)

Not ship more than a total of one hundred eight (108) liters of its manufactured wine to any one (1) household in this state during any twelve (12) month period;

(ii)

Offer to sell its manufactured wine to the liquor division at wholesale prices if the winery ships more than ninety (90) liters total of any of its manufactured wine to any combination of households or licensed retailers in this state;

(iii)

Ship its manufactured wine only to individuals who are at least twenty
‑
one (21) years of age for such individual's personal use and not for resale;

(iv)

Ensure that all shipping containers of manufactured wine shipped pursuant to this section are conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FOR DELIVERY";

(v)

Ensure that all of its shipments within this state are made by a duly licensed carrier and further ensure that such carriers comply with the requirement to obtain an adult signature;

(vi)

File a monthly report of wines shipped out of state on a form provided by the liquor division and include a copy of the invoice for each shipment of their own manufactured wine subject to the following:

(A)

The report shall be filed with the liquor division not later than the tenth day of each month following the month in which the shipment was made;

(B)

Any report filed late with the liquor division shall be subject to a late filing fee of twenty
‑
five dollars ($25.00).

(vii)

Maintain records for at least three (3) years that will permit the liquor division to ascertain the truthfulness of the information filed and permit the division to perform an audit of the licensee's records upon reasonable request.

12
‑
4
‑
415.

Microbrewery permits; authorized; conditions; fees.

(a)

Subject to restrictions imposed under W.S. 12
‑
4
‑
103 excluding W.S. 12
‑
4
‑
103(a)(vi), a local licensing authority may issue a microbrewery permit authorizing a permit holder to brew a malt beverage and dispense the brewed malt beverage for on
‑
premises and limited off
‑
premises personal consumption. Notwithstanding W.S. 12
‑
5
‑
201 and for the purposes of this subsection, "on
‑
premises" may include a fenced or enclosed area immediately adjacent to the licensed brewing site as approved by the local licensing authority. The dispensing of malt beverages in an immediately adjacent area authorized by this paragraph shall be subject to the schedule of operating hours set pursuant to W.S. 12
‑
5
‑
101. Any microbrewery permit holder shall:

(i)

File a monthly report of brewed malt beverage the permit holder produced on a form provided by the liquor division. The report shall be filed with the liquor division not later than the tenth day of each month following the month in which the brewed malt beverage was produced. Any report filed late with the liquor division shall be subject to a late filing fee of twenty
‑
five dollars ($25.00);

(ii)

Maintain records for at least three (3) years that will permit the liquor division to ascertain the truthfulness of the information filed and permit the division to perform an audit of the licensee's records upon reasonable request.
(b)

The local licensing authority:

(i)

May allow the sale of malt beverage obtained through a contract brewing arrangement and other malt beverages under a microbrewery permit for on
‑
premises consumption when obtained through licensed wholesale malt beverage distributors;

(ii)

May allow the microbrewery to sell on site its brewed product and its malt beverage obtained through a contract brewing arrangement for off
‑
premises personal consumption, not for retail sale, in packaging of bottles, cans or packs of an aggregate volume not to exceed two thousand (2,000) ounces per sale;

(iii)

In accordance with the process established under article 1 of this chapter, may allow the transfer of a microbrewery permit to another location and ownership of the microbrewery may be transferred upon approval by the local licensing authority; and

(iv)

Shall assess a fee of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) payable annually in advance for each microbrewery permit. When dual ownership of a microbrewery permit and a liquor license exists no additional fee shall be assessed other than the retail, restaurant, bar and grill or resort license fee.

(c)

W.S. 12
‑
4
‑
410 shall apply to any person holding a microbrewery permit and a restaurant liquor license and W.S. 12
‑
4
‑
413 shall apply to any person holding a microbrewery permit and a bar and grill liquor license, except that either dual holder:

(i)

May sell the brewed malt beverage for limited off
‑
premises personal consumption pursuant to paragraph (b)(ii) of this section;

(ii)

May upon cessation of full service restaurant operations, serve a limited menu and continue to serve malt beverages authorized under the microbrewery permit;

(iii)

Shall not include sales of malt beverages authorized under the microbrewery permit, or sales other than food service and alcoholic beverages, in the annual gross sales report required under W.S. 12
‑
4
‑
408(c).

(d)

A local licensing authority may authorize a microbrewery to operate at more than one (1) location. The local licensing authority may require the payment of an additional permit fee not to exceed one hundred dollars ($100.00) regardless of the number of locations authorized for the microbrewery. All locations shall be subject to all provisions of this title related to the operation of a microbrewery.

ARTICLE 6
DELIVERY

12
‑
5
‑
601.

Delivery of alcoholic liquors and malt beverages.

(a)

Retail liquor
licensees
, microbrewery permit holders, winery permit holders, winery satellite permit holders and manufacturer licensees with a satellite location may deliver or contract to have delivered alcoholic liquors and malt beverages to customers provided:

(i)

All sales of alcoholic liquors and malt beverages under this subsection shall take place in the licensed building.

Orders of alcoholic liquors and malt beverages may be placed by phone, online or through a mobile application. All deliveries under this subsection shall be completed during the licensee's remaining operating hours on the same day the alcoholic liquors or malt beverages are removed from the inventory of the licensed premise;

(ii)

No order shall be received nor shall any delivery be made to or by a person under the age of twenty
‑
one (21) years.

All deliveries shall require the purchaser to provide to the deliverer a valid government issued identification demonstrating the purchaser is twenty
‑
one (21) years of age or older;

(iii)

All package sales and deliveries of alcoholic liquors and malt beverages for off
‑
premises consumption shall be sealed. For purposes of this paragraph, "sealed" means a product enclosed:

(A)

In its original package and unopened;

(B)

In a plastic bag and heat sealed closed; or

(C)

In a container that has a breakable seal incorporated in the container cap.

(iv)

Any contract delivery service shall adhere to the requirements of this subsection when delivering alcoholic liquors and malt beverages; and

(v)

Microbrewery permit holders, winery permit holders, winery satellite permit holders and manufacturer licensees with a satellite location shall only deliver or contract to have delivered their respective manufactured products.

Section 2.

W.S 12
‑
1
‑
101(a)(viii)(E), (G), by creating new subparagraphs (J) through (U) and (xiv), 12
‑
2
‑
201(g)(intro) and (iii), 12
‑
2
‑
203(b), (c) and (e), 12
‑
2
‑
204(a) and (d)(i), 12
‑
4
‑
101(a), 12
‑
4
‑
103(a)(vi), 12
‑
4
‑
104(a) and (f), 12
‑
4
‑
201(f)(iii) and by creating a new subsection (k), 12
‑
4
‑
301(c) and (e), 12
‑
4
‑
403(b), 12
‑
4
‑
410(b) and (d), 12
‑
4
‑
411, 12
‑
4
‑
502(a) through (c), 12
‑
4
‑
504(a), 12
‑
4
‑
603(a), 12
‑
4
‑
604,

12
‑
5
‑
201(f), 12
‑
5
‑
401(a) and (b)(ii) and 12
‑
6
‑
101(c)(v), (vi) and by creating a new paragraph (vii) are amended to read:

12
‑
1
‑
101.

Definitions.

(a)

As used in this title:

(viii)

"Licensee" means a person holding a:

(E)

Twenty
‑
four (24) hour m
alt beverage permit;

(G)

Catering permit;
or

(J)

Malt beverage wholesale license;

(K)

Limited transportation liquor license;

(M)

Manufacturer's license;

(N)

Manufacturer's satellite permit;

(O)

Winery permit;

(P)

Winery satellite permit;

(Q)

Out
‑
of
‑
state shipper's license;

(R)

Microbrewery permit;

(S)

Malt beverage permit for the University of Wyoming;

(T)

Special malt beverage permit issued under W.S. 12
‑
4
‑
504; or

(U)

Malt beverage permit for events conducted at rodeo arenas issued under W.S. 12
‑
4
‑
507.

(xiv)

"Restaurant" means space in a building maintained, advertised and held out to the public as a place where individually priced meals are prepared and served primarily for on
‑
premise consumption and where the primary source of revenue from the operation is from the sale of food and not from the sale of alcoholic or malt beverages
;
. The building shall have a dining room or rooms, a kitchen and the number and kinds of employees necessary for the preparing, cooking and serving of meals in order to satisfy the licensing authority that the space is intended for use as a full service restaurant. "Full service restaurant" means a restaurant at which waiters or waitresses deliver food and drink offered from a printed food menu to patrons at tables or booths. The service of only fry orders or such food and victuals as sandwiches, hamburgers or salads shall not be deemed a restaurant for the purposes of this section;

12
‑
2
‑
201.

Wholesale license for sale of malt beverages only; fee.

(g)

Notwithstanding W.S. 12
‑
2
‑
203,
T
he division:

(iii)

The division
S
hall not grant a license for a brewery and a microbrewery to the same producer.

12
‑
2
‑
203.

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

(b)

The Wyoming liquor division shall grant a class A industry representative license for alcoholic liquor suppliers to a qualified individual
domiciled within this state
who submits an application to the division on forms provided by the division accompanied by an annual license fee of not to exceed seven hundred fifty dollars ($750.00).

A class A industry representative shall have a written statement from any vendor whose products the applicant proposes to represent.

The class A industry representative shall be published in the division's price catalog with the products from any vendor represented by him and shall be authorized to request that the division list or delist products from the vendor represented by him.

(c)

The division shall grant a class B industry representative license for alcohol liquor suppliers to a qualified individual
domiciled within this state
who submits an application to the division on forms provided by the division accompanied by an annual license fee of not to exceed two hundred fifty dollars ($250.00).

A class B industry representative shall be employed or managed by a class A industry representative.

A class B industry representative shall have a written statement from the class A industry representative designating any vendor whose products he is authorized to represent.

(e)

No class A industry representative shall be employed by a licensee as defined by W.S. 12
‑
1
‑
101(a)(viii)
, except that this subsection shall not apply to malt beverage wholesalers authorized under W.S. 12
‑
2
‑
201, manufacturers authorized under this section, microbrewery permit holders authorized under W.S. 12
‑
4
‑
415 or winery permit holders authorized under W.S. 12
‑
4
‑
414
.

12
‑
2
‑
204.

Out
‑
of
‑
state shipment of manufactured wine; license; fees; restrictions; conditions.

(a)

Notwithstanding any law, rule or regulation to the contrary, any person currently licensed in its state of domicile as an alcoholic liquor or malt beverage manufacturer, importer, wholesaler or retailer who obtains an out
‑
of
‑
state shipper's license, as provided in this section, may ship no more than a total of
thirty
‑
six (36)
one hundred eight (108)
liters of manufactured wine directly to any one (1) household in this state in any twelve (12) month period.

(d)

Any out
‑
of
‑
state shippers licensed pursuant to this section shall:

(i)

Not ship more than a total of
thirty
‑
six (36)
one hundred eight (108)
liters of manufactured wine to any one (1) household in this state during any twelve (12) month period. In the event any out
‑
of
‑
state shipper ships more than ninety (90) liters of any particular manufactured wine to any combination of households or licensed retailers in this state, the out
‑
of
‑
state shipper shall offer to sell the manufactured wine to the liquor division at wholesale prices;

12
‑
4
‑
101.

Authority of cities, towns and counties; population figures; number of available licenses and permits; assessment of fees.

(a)

Incorporated cities, towns and counties within Wyoming shall license and regulate or prohibit the retail sale of alcoholic and malt beverages under this title. Nothing in this title prohibits a licensing authority of an incorporated city, town or county from issuing less than the total number of allowable
retail
liquor licenses
pursuant to W.S. 12
‑
4
‑
201, less than the allowable bar and grill liquor licenses pursuant to W.S. 12
‑
4
‑
413
or from refusing to issue any license or permit authorized by this title.

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:

(vi)

A manufacturer of alcoholic beverages or wholesaler of malt beverages, except as authorized under W.S. 12
‑
2
‑
203(g) or as
otherwise
provided
in W.S. 12
‑
4
‑
412(j)
by law
;

12
‑
4
‑
104.

Publication of notice; grant or denial; renewal preference; copy of application and notice to division; judicial review.

(a)

When an application for a license, permit, renewal or any transfer of location or ownership thereof has been filed with a licensing authority, the clerk shall promptly prepare a notice of application
, place the notice conspicuously upon the premises shown by the application as the proposed place of sale
and publish the notice in a newspaper of local circulation once a week for two (2) consecutive weeks.

When a county is the licensing authority, the county clerk shall also post the notice on the official website of the county in the manner provided in W.S 18
‑
3
‑
516(f).

When a city or town is the licensing authority, the city clerk shall also post the notice on the city or town's official website if one exists.

The notice shall state that a named applicant has applied for a license, permit, renewal or transfer thereof, and that protests against the issuance, renewal or transfer of the license or permit will be heard at a designated meeting of the licensing authority.

Each applicant shall, at the time of filing his application, pay the clerk an amount sufficient to cover the costs of publishing notice. Notices may be substantially in the following form:

NOTICE OF APPLICATION FOR A ....

Notice is hereby given that on the .... day of .... (year) (name of applicant) filed an application for a .... license (permit), in the office of the clerk of the city (or town or county) of .... for the following building (insert address) and protests, if any there be, against the issuance (transfer or renewal) of the license (permit) will be heard at the hour of ....M., on the .... day of .... (year), in the (meeting place of the governing body).

Dated ....

Signed ....

(f)

Upon an appeal the person applying for
renewal of
a license
and claiming renewal preference
shall be named as plaintiff, with the licensing authority named as defendant. During the pendency of an appeal, a renewal license denied by a licensing authority shall not be granted to any other applicant. Upon notice of appeal the clerk shall transmit to the clerk of the district court a certified copy of the application, of each protest if any, and of the minutes recording the decision appealed from. The appeal shall be heard as a trial de novo with evidence taken and other proceedings had as in the trial of civil actions. The court may accept and consider as part of the record certified documents forwarded to the court by the clerk of the licensing authority. The case shall be heard promptly and the procedure shall conform to the Wyoming Rules of Civil Procedure unless other procedures are provided for or required.

12
‑
4
‑
201.

Retail liquor licenses and malt beverage permits; population formulas; fees.

(f)

Retail liquor licenses and malt beverage permits may be granted by the county commissioners as the appropriate licensing authority in a county outside of incorporated cities and towns as follows:

(iii)

Malt beverage permits may be issued for county locations
beyond a five (5) mile zone around incorporated cities and towns
without regard to population.

(k)

A retail liquor
licensee
may ship not more than a total of one hundred eight (108) liters of manufactured wine directly to any one (1) household in this state in any twelve (12) month period provided the licensee:

(i)

Ships the manufactured wine only to individuals who are at least twenty
‑
one (21) years of age for such individual's personal use and not for resale;

(ii)

Ensures that all shipping containers of manufactured wine shipped pursuant to this subsection are conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FOR DELIVERY"; and

(iii)

Ensures that all of its shipments within this state are made by a duly licensed carrier and further ensure that the carriers comply with the requirement to obtain an adult signature.

12
‑
4
‑
301.

Sales by clubs; license fees; petition; license restrictions.

(c)

Except as otherwise provided by W.S.
12
‑
5
‑
201(g)
12
‑
5
‑
201(f)
, a club holding a limited retail license may sell alcoholic or malt beverages for consumption anywhere on the licensed premises for consumption by its members and their accompanied guests only as approved by the local licensing authority.

(e)

Notwithstanding W.S. 12
‑
4
‑
103(b),
A
political subdivision of the state may hold no more than two (2) club limited retail liquor licenses for golf courses owned, maintained or operated by that political subdivision in addition to any other license held by that political subdivision.

12
‑
4
‑
403.

Population formula not applicable; contracting for services.

(b)

No
A
resort liquor
license may be transferred to another location. License ownership may be transferred to a purchaser or licensee of the licensed premises with the approval of the licensing authority.

No transfer of a resort liquor license shall be required where the license is used by a person with whom the
licensee
has contracted
may contract
or
subcontracted
subcontract
for the provision of food and beverage services on the licensed premises. However, the resort liquor
licensee
shall remain subject to all applicable laws, rules, regulations and penalties including the provisions of W.S. 12
‑
2
‑
306 and 12
‑
7
‑
103.

12
‑
4
‑
410.

Sale of alcoholic beverages for off
‑
premises consumption prohibited; location, regulation and restrictions on dispensing of liquor; prohibiting certain activities.

(b)

Alcoholic
liquor
and malt beverages shall be dispensed and prepared for consumption in
one (1) room, and one (1) additional room if authorized and
the licensed building in areas
approved by the local licensing authority
.
, upon the licensed premises separated from the dining area in which alcoholic and malt beverages may be served and in the case of a golf course upon which a restaurant liquor license is operational or in the case of a guest ranch upon which a retail or restaurant liquor license is operational, at dispensing areas on the premises of the golf course or guest ranch as permitted by the licensing authority.
No consumption of alcoholic or malt beverages shall be permitted within the dispensing
room,
areas
nor shall any person other than employees over eighteen (18) years of age be permitted to enter the dispensing
room. If a restaurant has a dispensing room separate from the dining area which is licensed prior to February 1, 1979 for purposes of alcoholic or malt beverage sales and consumption, the restaurant may dispense alcoholic or malt beverages in the separate dispensing room under a restaurant liquor license, and any person over eighteen (18) years of age is permitted to enter the separate dispensing room
areas
.

(d)

No restaurant liquor
licensee
shall promote
or operate
the restaurant as a bar and lounge
.
nor shall the licensee compete with a retail liquor
licensee
in activities other than dinner functions, including, but not limited to, dances, receptions and other social gatherings.

Nothing in this subsection shall require a restaurant liquor
licensee
to reconstruct or remodel licensed premises existing on or before June 8, 1989.

12
‑
4
‑
411.

License fee.

The annual fee for a restaurant liquor license shall be no more than three thousand dollars ($3,000.00) and no less than five hundred dollars ($500.00).

The license fee for a county restaurant liquor license within five (5) miles of a city or town shall not be less than the restaurant liquor license fee charged by that city or town.

12
‑
4
‑
502.

Twenty
‑
four hour malt beverage permit and catering permit; restrictions; application procedure; fees.

(a)

A malt beverage permit authorizing the sale of malt beverages only may be issued by the appropriate licensing authority to any responsible person or organization for sales at a picnic, bazaar, fair, rodeo, special holiday or similar public gathering. No person or organization holding the special permit shall sell any alcoholic liquor other than malt beverages on the premises described on the permit, nor shall any malt beverage be sold or consumed off the premises authorized by the permit.
Malt beverage permits under this subsection shall not be used to operate a continuing business.

(b)

A catering permit authorizing the sale of alcoholic and malt beverages may be issued by the appropriate licensing authority to any person holding a retail or resort retail liquor license authorizing the off
‑
premises sale of both alcoholic and malt beverages, for sales at
meetings, conventions, private parties and dinners or at other similar gatherings
events
not capable of being held within the licensee's licensed premises. No licensee holding a catering permit shall sell or permit consumption of any alcoholic or malt beverage off the premises described in the permit. Notwithstanding any other provision of this subsection, closed
‑
container items sold at auction for the benefit of a nonprofit organization may be taken off
‑
premises.
Catering permits under this subsection shall not be used to operate a continuing business.

(c)

The permits authorized by this section shall be issued for one (1) twenty
‑
four (24) hour period, subject to the schedule of operating hours set pursuant to W.S. 12
‑
5
‑
101. No person or organization shall receive more than a total of twelve (12) malt beverage and thirty
‑
six (36) catering permits for sales at the same premises in any one (1) year
.
, except that this limitation shall not be applicable to malt beverage permits issued for sales at any fair, rodeo, pari
‑
mutuel event or other similar public event conducted by a public entity upon public premises, or to catering permits for events at the facilities of the University of Wyoming in Laramie, including the Marian H. Rochelle Gateway Center.

12
‑
4
‑
504.

Special malt beverage permit for public auditoriums, civic centers or events centers.

(a)

The appropriate licensing authority in a county, city or town may issue a special malt beverage permit to any responsible person or organization for sales of malt beverages at public auditoriums, civic centers or events centers.
The licensing authority shall establish an appropriate fee for the permit. Additionally, the licensing authority shall specify the duration of the permit and where malt beverages may be sold and consumed under the permit.
The issuing body may provide rules to implement this section.

12
‑
4
‑
603.

Annexation of retail liquor license or malt beverage permit into 5
‑
mile zone; renewal.

(a)

A county retail liquor license
or malt beverage permit
having licensed premises located within a five (5) mile zone around an incorporated city or town because of annexation of property shall not be denied an application for renewal by reason of annexation alone.
The license or permit shall be subject to renewal by the county licensing authority in the same manner as if the licensed premises were beyond the five (5) mile zone around a city or town.

12
‑
4
‑
604.

Transfer or sale of license or permit; attachment, garnishment or execution.

No license or permit shall be transferred or sold except as provided by W.S. 12
‑
4
‑
601
through 12
‑
4
‑
603
and 12
‑
4
‑
602
, used for any place not described in the license or permit at the time of issuance or subject to attachment, garnishment or execution.

12
‑
5
‑
201.

Location, regulation and restrictions as to place of sale; inspections.

(f)

A holder of a resort retail liquor license
, a

golf club that holds a retail liquor license, a restaurant liquor license or a club limited retail liquor license or a holder of a retail liquor license or restaurant liquor license operating on a guest ranch
may dispense alcoholic beverages from any location within the boundaries of the
resort
licensee's
premises.

The
resort
premises shall be a single property within a contiguous boundary upon which the
resort
licensee
is located and which shall be identified in the license. Any location on the
resort
premises where alcoholic beverages are dispensed as approved by the licensing authority shall comply with applicable sanitation and fire hazard requirements and other applicable laws.

The licensing authority shall, as often as necessary, inspect the licensed location where alcoholic beverages are dispensed to ensure that the licensee is in compliance with sanitation and fire hazard requirements.

12
‑
5
‑
401.

Interests in licenses or permits to sell.

(a)

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
12
‑
4
‑
415 or a winery permit pursuant to W.S. 12
‑
4
‑
414
. This section shall also not apply to a person holding a manufacturer's license under W.S. 12
‑
2
‑
203(a) when the license is held under the complete ownership of a retail business and to the extent he may be permitted one (1) satellite manufacturer's permit pursuant to W.S. 12
‑
2
‑
203(g)(i) or an off
‑
premises permit pursuant to W.S. 12
‑
2
‑
203(g)(ii).

(b)

As used in subsection (a) of this section:

(ii)

"Retail business" means the holder of a microbrewery or winery permit
.
who also holds a license or permit enumerated under W.S. 12
‑
4
‑
412(b)(iii) or (k).

12
‑
6
‑
101.

Sale or possession prohibited; when possession unlawful; public drunkenness; falsification of identification; penalty; prima facie identification as defense.

(c)

Except as otherwise provided in this title, no person under the age of twenty
‑
one (21) years shall:

(v)

Have measurable blood, breath or urine alcohol concentration in his body;
or

(vi)

Enter or remain in
an establishment
designated sales areas approved by the local licensing authority
that is primarily for off
‑
premise sales of alcoholic liquor or malt beverages unless accompanied by a parent, spouse or legal guardian who is twenty
‑
one (21) years of age or older
;
.

or

(vii)

Dispense or sell any alcoholic liquor or malt beverage. The term "dispensing" means mixing or pouring alcoholic liquors or malt beverages.

Section 3.

W.S. 12
‑
2
‑
201(g)(i) and (ii), 12
‑
2
‑
501 through 12
‑
2
‑
505,
12
‑
4
‑
102(a)(vii) and (viii), 12
‑
4
‑
103(b) through (d), 12
‑
4
‑
201(g), 12
‑
4
‑
407(d), 12
‑
4
‑
409, 12
‑
4
‑
410(f), 12
‑
4
‑
412, 12
‑
4
‑
505(a) and (b), 12
‑
4
‑
602(c), 12
‑
4
‑
603(b) and 12
‑
5
‑
201(g) through (j) are repealed.

Section 4.

This act is effective July 1, 2021
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1