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23LSO-0118
2023
STATE OF WYOMING
23LSO-0118
Numbered
2.0
SENATE FILE NO. SF0012
Tavern and entertainment liquor license.
Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee
A BILL
for
AN ACT relating to alcoholic beverages; authorizing a tavern and entertainment liquor license; specifying requirements; providing definitions; requiring rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 12
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4
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416 is created to read:
ARTICLE 4
RESORT, RESTAURANT AND TAVERN AND
ENTERTAINMENT LIQUOR LICENSES
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4
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416.
Tavern and entertainment liquor licenses; authorized; requirements; revenues of licensee to be derived primarily from food services and entertainment.
(a)
Taverns and entertainment establishments as defined by W.S. 12
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101(a)(xxvii) may be licensed by the appropriate licensing authority in counties, cities and towns under a tavern and entertainment liquor license.
(b)
An applicant for a tavern and entertainment liquor license shall satisfy the appropriate licensing authority that at least sixty percent (60%) of revenue from the operation of the tavern and entertainment establishment to be licensed is projected to be derived from food services, entertainment or a combination of food services and entertainment and not from the sale of alcoholic or malt beverages. In addition to the other application requirements established by this title, the license applicant shall submit a valid food service permit upon application if the establishment prepares food.
(c)
When renewing a tavern and entertainment liquor license, the following requirements apply:
(i)
The appropriate licensing authority shall condition renewal upon a requirement that not less than sixty percent (60%) of gross sales from the preceding twelve (12) months operation of a licensed tavern and entertainment establishment be derived from food services, entertainment or a combination of food services and entertainment;
(ii)
Upon application for license renewal, a license holder shall submit an annual report to the licensing authority on the sales of the licensed tavern and entertainment establishment. The report shall contain the annual gross sales figures of the tavern and entertainment establishment and shall separate the gross sales figures into two (2) categories:
(A)
Food service and entertainment sales; and
(B)
Alcoholic and malt beverage sales.
(d)
The annual license fee assessed for a tavern and entertainment liquor license shall be not less than one thousand five hundred dollars ($1,500.00) nor more than ten thousand five hundred dollars ($10,500.00).
(e)
A tavern and entertainment liquor license shall not be sold, transferred or assigned by the holder.
(f)
Tavern and entertainment liquor licenses shall not sell alcoholic or malt beverages for off
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premises consumption from the licensed building owned or leased by the licensee except as allowed by W.S. 12
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4
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410(e).
(g)
Population formulas have no application to issuance of tavern and entertainment liquor licenses.
(h)
Alcoholic liquor and malt beverages shall be dispensed and prepared for consumption in the licensed building in areas approved by the local licensing authority. No consumption of alcoholic or malt beverages shall be permitted within the dispensing areas nor shall any person other than employees over eighteen (18) years of age be permitted to enter the dispensing areas.
(j)
The licensing authority may determine on a case by case basis the types of entertainment that qualify for a tavern and entertainment liquor license.
Section 2.
W.S. 12
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101(a)(viii)(T), (U), by creating a new subparagraph (W) and by creating a new paragraph (xxvii) is amended to read:
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101.
Definitions.
(a)
As used in this title:
(viii)
"Licensee" means a person holding a:
(T)
Special malt beverage permit issued under W.S. 12
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4
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504;
or
(U)
Malt beverage permit for events conducted at rodeo arenas issued under W.S. 12
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4
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507
;
.
or
(W)
Tavern and entertainment liquor license.
(xxvii)
"Tavern and entertainment establishment" means an establishment where food, alcoholic and malt beverages are sold to be consumed on the premises and where the primary source of revenue from the operation is from the sale of entertainment, food or a combination of entertainment and food and not from the sale of alcoholic and malt beverages.
Section 3
.
The liquor division and the department of revenue shall promulgate any rules necessary to implement this act.
Section 4
.
(a)
Except as otherwise provided by subsection (b) of this section, this act is effective July 1, 2023.
(b)
Sections 3 and 4 of this act are 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)
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SF0012