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24LSO-0530
2024
STATE OF WYOMING
24LSO-0530
Numbered
2.0
SENATE FILE NO. SF0087
Boutique hotel liquor licenses.
Sponsored by: Senator(s) Gierau and Representative(s) Brown, Walters, Yin and Zwonitzer, Dn
A BILL
for
AN ACT relating to alcoholic beverages; authorizing boutique hotel liquor licenses; specifying requirements for the boutique hotel liquor license and licensees; making conforming amendments; providing and amending definitions; and providing for an effective date.
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:
12
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4
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416.
Boutique hotel liquor licenses; authorized; requirements.
(a)
The appropriate licensing authority in a county, city or town may issue boutique hotel liquor licenses to applicants who are owners or lessees of a boutique hotel that satisfies all requirements specified in subsection (b) of this section.
(b)
To qualify for a boutique hotel liquor license under this section, the appropriate licensing authority shall require the boutique hotel to:
(i)
Have an actual valuation of, or the applicant shall commit to expend or have actually expended on the boutique hotel, not less than ten million dollars ($10,000,000.00). Any valuation under this paragraph shall include the value of the land on which the boutique hotel is located;
(ii)
Include a restaurant as defined by W.S. 12
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1
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101(a)(xiv);
(iii)
Include within the boutique hotel not less than thirty
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five (35) sleeping rooms for short
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term occupancy;
(iv)
Provide dining services to guest rooms for not less than twelve (12) hours each day; and
(v)
Provide facilities for business meetings that can accommodate not less than fifty (50) participants.
Section 2.
W.S. 12
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1
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101(a)(viii)(intro), (T) and by creating a new subparagraph (W), 12
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4
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103(a)(iii), 12
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4
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403 through 12
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4
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405, 12
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4
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414(b)(iv), 12
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4
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415(b)(iv) and 12
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5
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201(f) are amended to read:
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1
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101.
Definitions.
(a)
As used in this title:
(viii)
"Licensee" means a person holding
a
any one (1) or more of the following
:
(T)
Special malt beverage permit issued under W.S. 12
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4
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504;
or
(W)
Boutique hotel liquor license.
12
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4
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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:
(iii)
Any person who does not own the building or hold a written lease for the period for which the license will be effective containing an agreement by the lessor that alcoholic or malt beverages may be sold upon the leased premises, except as provided by paragraph (iv) of this subsection. This paragraph shall not be interpreted to prevent the use of a resort liquor license
or a boutique hotel liquor license
by a contractor or subcontractor as permitted by W.S. 12
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4
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403(b);
12
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4
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403.
Population formula not applicable; contracting for services.
(a)
The provisions authorizing resort liquor licenses
and boutique hotel liquor licenses shall
have no application to the population formula limiting retail liquor licenses as provided by W.S. 12
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4
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201.
(b)
A resort liquor licensee
or a boutique hotel liquor licensee
may contract or 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
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2
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306 and 12
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7
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103.
12
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4
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404.
Sale of beverages for off
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premises consumption prohibited.
Resort liquor licensees
and boutique hotel 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
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5
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201 and
,
if a catering permit has been issued
,
by W.S. 12
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4
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502(b).
12
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4
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405.
Annual fee.
The annual fee for a resort liquor license
and a boutique hotel liquor license
shall be not less than five hundred dollars ($500.00) nor more than three thousand dollars ($3,000.00).
12
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4
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414.
Winery permits; authorized; conditions; satellite winery permits; direct shipment of wine; fees; off
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premises permits.
(b)
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
, boutique hotel
or resort license fee.
12
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4
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415.
Microbrewery permits; authorized; conditions; fees.
(b)
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 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
, boutique hotel
or resort license fee.
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5
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201.
Location, regulation and restrictions as to place of sale; inspections.
(f)
A holder of a
boutique hotel liquor license, 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 licensee's premises.
Any holder of a boutique hotel liquor license may sell an unopened bottle of liquor or wine to a registered guest not less than twenty
‑
one (21) years of age for consumption on the holder's premises.
The premises shall be a single property within a contiguous boundary upon which the licensee is located and which shall be identified in the license. Any location on the 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.
Section 3
.
This act is effective July 1, 2024
.
(END)
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SF0087