A. 
Purpose: For the protection of the health, safety and welfare of the residents, citizens and guests of the town, it is hereby declared to be in the best interest of the town, and the residents, citizens and guests hereof, that the sale, distribution, possession and traffic of alcoholic liquor and malt beverages shall be regulated to the extent that all such activity be, and the same hereby is, prohibited, except as provided in this chapter, and that no sale at retail or possession of such substances shall occur within the jurisdictional limits of the town except as authorized herein and the exceptions provided in Wyoming Statutes Section 12-1-101 et seq., reserving certain powers to the state of Wyoming.
B. 
Intent: It is the intent of this chapter to comply and coincide with provisions of Wyoming Statutes Section 12-1-101 et seq., which regulate such substances. It is not the intent of the town to regulate, or interfere with the regulation by the state of limited transportation licenses issued in compliance with provisions of Wyoming Statutes Section 12-2-202. However, nothing in this chapter shall be construed to limit or impair the authority of the town to enforce Section 2-2-6-2 of this code, which is commonly known as the "open container ordinance."
C. 
The provisions contained within Title 12 of the Wyoming Statutes pertaining to the regulation of alcoholic and malt beverages which are being repealed by the State and which pertain to and which shall be regulated by municipalities are hereby adopted in their entirety until such time that they are otherwise acted upon.
(Ord. 505, 7-1-1996; Ord. 651, 6-20-2017)
Definitions used in this chapter shall be as found in Wyoming Statutes Section 12-1-101. See also Appendix—Definitions.
(2003 Code; Ord. 625, 6-11-2013)
§ 2-2-3-1 
Application for Annual License.
A. 
Form—Filing: Any person desiring an annual license as authorized by this chapter shall make application to the town by delivering to the town clerk-treasurer, on the form prepared by the attorney general pursuant to Wyoming Statutes Section 12-4-701 and provided to the applicant by the clerk-treasurer, a completed, verified and signed form. The license fee, or any other fees related to a license shall be paid the clerk-treasurer at the time the application is filed or the clerk-treasurer shall not commence processing the application. Renewal of an annual license, application for transfer of ownership and transfer of location shall be made upon the same form and in the same manner. The information contained in the application shall conform to the requirements of Wyoming Statutes Section 12-4-102.
B. 
Forwarding to Department of Revenue—Notice of Application: Upon receipt of the application, the clerk-treasurer shall send one copy of the application to the department of revenue by certified mail, return receipt requested, and shall promptly prepare a notice of application, place a copy of the notice in a conspicuous place at the location shown in the application and publish the notice in the Basin Republican Rustler once a week for four consecutive weeks. The notice shall comply with the provisions of Wyoming Statutes Section 12-4-104.
C. 
Supporting Documentation—Inspections: On behalf of the licensing authority, the town clerk-treasurer is authorized to request supporting documentation in conjunction with applications filed for a license or permit. Prior to issuance, review and inspections of the proposed premises may be conducted by various town department representatives as required by the town clerk-treasurer. Representatives of town departments may enter licensed and permitted premises during regular business hours to make reasonable inspections.
§ 2-2-3-2 
Posting of License Required.
All permit and license recipients must post the license or permit in a conspicuous place within the licensed dispensing room described in the application.
§ 2-2-3-3 
Grounds for Denial of License.
A license shall not be issued, renewed, or transferred if the governing body finds from evidence presented at the hearing required under Wyoming Statutes Section 12-4-104 any of the conditions found under Wyoming Statutes subsection 12-4-104(b), including:
A. 
Preference Rights: The holder of an expired annual license, or one due for expiration, has a preference right to a renewal of that license for the same location, but such preference exists only to the extent explicitly authorized under Wyoming Statutes subsection 12-4-104(c). No other preference rights are authorized or recognized by the town. The preference right granted under this subsection shall expire 30 days after the expiration date shown on the most recently issued license or permit.
B. 
Code or Statute Violations: Violations by the holder of any provision of this title or of Title 12 of the Wyoming Statutes. A court conviction shall be presumptive evidence of such violation.
C. 
Scene of Repeated or Continued Violation: The premises, while licensed in the name of the holder, is the scene of repeated or continuing violation of any ordinance or law, and that the initial violation occurred while the premises was licensed in the name of the holder and the holder had knowledge of the first violation or delayed correcting a continuing violation.
§ 2-2-3-4 
Transfer of Annual License.
A person seeking to transfer an annual license shall submit a new application form and shall pay to the clerk-treasurer, at the time of such application, a nonrefundable additional license fee of $100. The transfer application shall be set for public hearing and otherwise considered by the governing body in a manner consistent with Wyoming Statutes Section 12-4-601.
§ 2-2-3-5 
Term of Annual License.
A. 
Term—Personal Privilege: Annual licenses shall be for a period of not more than one year, expiring each year on April 1st. Annual licenses shall be a personal privilege of the licensee.
B. 
Deceased Licensee: The executor or administrator of the estate of a deceased licensee, when the estate consists in whole or in part of a business selling alcoholic or malt beverages under an annual license issued by the town, may exercise the personal privilege of the deceased licensee under terms of the license until the expiration date of the license. If the license of the deceased licensee has not been transferred prior to the annual expiration date, the governing body shall consider the license of the deceased licensee as an unissued license.
(Ord. 505, 7-1-1996; 2003 Code)
§ 2-2-4-1 
Annual Licenses.
A. 
Types of Licenses: The governing body is hereby authorized to issue the following annual licenses pursuant to state law and this chapter.
1. 
"Retail liquor license" as defined in Wyoming Statutes Section 12-4-201.
2. 
"Limited retail liquor (special club) license" as defined in Wyoming Statutes Section 12-4-301.
3. 
"Resort retail liquor license" as defined in Wyoming Statutes Section 12-4-401.
4. 
"Restaurant liquor license" as defined in Wyoming Statutes Section 12-4-407.
5. 
"Microbrewery permit" as defined in Wyoming Statutes Section 12-4-412.
6. 
"Winery permit" as defined in Wyoming Statutes Section 12-4-412.
7. 
"Special malt beverage permit for public auditoriums" as defined in Wyoming Statutes Section 12-4-504.
8. 
"Motel/hotel minibar license" as defined in Wyoming Statutes subsection 12-5-201(e).
9. 
"Bar and grill liquor license" as defined in Wyoming Statutes Section 12-4-413.
B. 
Annual Fee: The annual fee for each license shall be payable at the time of application, shall be paid in cash or certified check, and shall be in the full amount as shown for each class of license below.
1. 
Retail Liquor License: For a retail liquor license, the annual fee shall be $1,000.
2. 
Limited Retail Liquor (Special Club) License: For a limited retail liquor (special club) license, the annual fee shall be $500.
3. 
Resort Retail Liquor License: For a resort retail liquor license, the annual fee shall be as set by the town council upon receiving its first application for same.
4. 
Restaurant Liquor License: For a restaurant liquor license, the annual fee shall be $1,000.
5. 
Microbrewery Permit: For a microbrewery permit, the annual fee shall be as set by the town council upon receiving its first application for same.
6. 
Winery Permit: For a winery permit, the annual fee shall be as set by the town council upon receiving its first application for same.
7. 
Special Malt Beverage Permit for Public Auditoriums: For a special malt beverage permit for "public auditoriums," as defined in Wyoming Statutes Section 12-4-504, the annual fee shall be as set by the town council upon receiving its first application for same.
8. 
Motel/Hotel Minibar License: For a motel/hotel minibar license, the annual fee shall be 1/2 of the fee paid for the original license.
9. 
Bar and Grill Liquor License: For a bar and grill liquor license, the annual fee shall be $1,500.
C. 
Refunds: No refund of all or any part of any license fee shall be made at any time following the issuance of the license.
D. 
Publication Fee: In addition to paying an application fee at the time of application, the applicant shall also pay a nonrefundable publication fee in an amount designated by the town clerk-treasurer to cover the cost of publishing public hearing notices.
§ 2-2-4-2 
Temporary Licenses and Permits.
A. 
Types of Temporary Permits: The governing body is hereby authorized to issue the following temporary licenses pursuant to state law and this chapter:
1. 
"Malt beverage permit" as defined in Wyoming Statutes subsection 12-4-502(a).
2. 
"Catering permit" as defined in Wyoming Statutes subsection 12-4-502(b).
3. 
"Temporary dispensing room permit" as defined in Wyoming Statutes Section 12-4-504 and subsections 12-5-201(f), (g), (h), and (j).
4. 
"Extended club hours permit" as defined in Wyoming Statutes subsection 12-5-101(b).
5. 
"Open container waiver permit" as defined in subsection 2-2-6-2C of this chapter.
B. 
Fee: The fee for each license shall be payable at the time of application, shall be paid in cash or certified check, and shall be in the full amount as shown for each class of license below.
1. 
Malt Beverage Permit: For a malt beverage permit, the fee shall be $50, unless being used on Town of Basin property in which case the fee is $150, $100 of which shall be refundable if the premises whereupon the fee applies are cleaned.
2. 
Catering Permit: For a catering permit, the fee shall be $50, unless being used on Town of Basin property in which case the fee is $150, $100 of which shall be refundable if the premises whereupon the fee applies are cleaned.
3. 
Temporary Dispensing Room Permit: For a temporary dispensing room permit, the fee shall be $75, and $25 refundable if the premises whereupon the fee applies are cleaned.
4. 
Extended Club Hours Permit: For an extended club hours permit, there shall be no fee charged.
5. 
Open Container Permit: For an open container permit, there shall be a fee of $50 charged.
6. 
Street Closure Permit: For a street closure permit, there shall be no fee charged.
C. 
Refunds: Refunds of part of the temporary license or permit may be made following the issuance of the permit, in accordance with the set fees.
D. 
Publication Fee: In addition to paying an application fee at the time of application, the applicant shall also pay a nonrefundable fee in an amount designated by the town clerk-treasurer to cover the cost of publishing public hearing notices.
E. 
Golf Clubs: Upon application, in writing, to the town clerk-treasurer and upon approval of the governing body, persons holding an operating limited retail (club) or restaurant liquor license who are operating golf clubs may sell and dispense alcoholic beverages within the boundaries of the golf club premises. Club members and their guests possessing alcoholic liquors and malt beverages purchased from the approved licensee are exempt from Section 2-2-6-2 of this chapter (open container ordinance) when within the boundaries of the golf club premises.
§ 2-2-4-3 
Twenty-Four Hour Malt Beverage Permit and Catering Permit.
A. 
Special Event: A malt beverage permit authorizing the sale of malt beverages only may be issued by the governing body 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. Wyoming Statutes Section 12-5-201 does not apply to this subsection.
B. 
Catering Permit: A catering permit authorizing the sale of alcoholic and malt beverages may be issued by the governing body to any person holding 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 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.
C. 
Term—Number Allowed Annually: The permits authorized by this section shall be issued for one 24 hour period, subject to the schedule of operating hours provided by Wyoming Statutes Section 12-5-101. No person or organization shall receive more than a total of six malt beverage and catering permits for sales at the same premises in any one year, except that this limitation shall not be applicable to malt beverage permits issued for sales at any fair, rodeo, parimutuel event or other similar public event conducted by a public entity upon public premises.
D. 
Issuance—Licensed Premises in Other Jurisdiction: The malt beverage permit and the catering permit shall be issued on application to the town clerk-treasurer without public notice or hearing. Any applicant applying for a permit authorized by this section and having licensed premises located within a jurisdiction other than that jurisdiction to which application is made, shall secure the written approval of the licensing authority of that jurisdiction in which the licensed premises are located prior to filing an application for a permit.
(Ord. 505, 7-1-1996; 2003 Code; Ord. 573, 8-4-2008; Ord. 676, 10-24-2019)
§ 2-2-5-1 
Hours of Operation.
A. 
Annual or Temporary License: All licensees and permittees holding an annual or temporary license under this chapter shall be controlled by the schedule of hours set forth in subsection C of this section.
B. 
Limited Retail Liquor (Special Club) License: This section shall not apply to licensees holding limited retail liquor (special club) license who have been authorized by the governing body under Wyoming Statutes subsection 12-5-101(b) to have hours of operation other than those authorized by this section.
C. 
Hours: The hours of operation for all licensees and permittees, subject to the exceptions in subsection B of this section, shall be as follows:
1. 
Monday Through Saturday: On all days except Sunday, a licensee may open the dispensing room no earlier than 6:00 a.m. and shall close the dispensing room and cease the sale of alcoholic and malt beverages not later than 2:00 a.m. the following day, and the licensee shall clear the dispensing room of all persons other than employees no later than 2:30 a.m.
2. 
Sundays: On Sundays, licensees may open the dispensing room no earlier than 10:00 a.m. and shall close the dispensing room and cease the sale of alcoholic and malt beverages not later than 2:00 a.m. on the following Monday, and the licensee shall clear the dispensing room of all persons other than employees no later than 2:30 a.m.
3. 
Modified Hours: The hours of operation designated above may be modified on no more than four days each calendar year by resolution or agreement made each year between the town council and the licensee, designating those dates during city or county fairs, rodeos, pageants, jubilees or similar gatherings when all licensees may operate their dispensing rooms different from the regular opening and closing times, for a period of 24 hours. The requests by the licensees shall be made to the council at regular council meetings at least one month prior to the event for which the licensee seeks to have this special privilege.
D. 
Bottle Club:
1. 
Definition: Used herein, "bottle club" is defined as an operation or enterprise in which no alcoholic liquor or malt beverages are sold, but where food, soft drinks and mixes are sold, and the safekeeping of alcoholic liquor and malt beverages is provided for individual club members who bring alcoholic liquor and malt beverages upon the premises for their own use and consumption. Income, profits or fees of the operator of a bottle club are typically derived from sales or furnishing of mixes, ice, food or glasses, or from dues, charges, contributions, membership cards or assessments.
2. 
Prohibited: It is unlawful for any person to operate a bottle club in the town.
E. 
Excessive Drinking or Disorderly Conduct: Excessive drinking of alcoholic liquor and malt beverages or disorderly conduct in any place licensed under this chapter shall not be permitted by the licensee. In addition to any penalty provided by the code or state law, excessive drinking or disorderly conduct may be cause for the initiation of suspension and/or revocation procedures.
§ 2-2-5-2 
Drive In Facilities.
Upon approval of the original application by the governing body, or the renewal thereof, a drive in area adjacent to or contiguous with the licensed room may be used by the holder of a retail liquor license for taking orders, making delivery of, and receiving payment for alcoholic or malt beverages under the terms and conditions found in Wyoming Statutes Section 12-5-301.
(Ord. 505, 7-1-1996; Ord. 521, 4-2-2001; Ord. 595, 5-19-2011)
§ 2-2-6-1 
Falsification of Application.
A. 
Prohibited—Information to Be Sworn: It is unlawful for any person or organization to knowingly submit false information or false facts as true, or to submit a fact or piece of information without knowing such to be true or false on an application for any license or permit authorized by this chapter; and that each application that is being submitted shall be sworn to be true to the best of the knowledge of the person submitting such application.
B. 
Action Seeking Revocation: If, in the opinion of the town attorney, a liquor license holder has acted in violation of this section, the town attorney shall, upon action of the licensing authority, take action on behalf of the licensing authority pursuant to Wyoming Statutes Sections 12-7-101 through 12-7-103 and Section 12-7-201, seeking revocation of the license or permit. Such action shall be in addition to any other penalties which may accrue to the license holder for violation of this section.
§ 2-2-6-2 
Public Consumption or Possession—Open Container Ordinance.
A. 
Definition of Public Place: See Appendix—Definitions.
B. 
Prohibited: It is unlawful for any person to consume or have in his or her possession any alcoholic liquor or malt beverage in a container that has been opened or unsealed from the original factory closure or sealing while in or upon any public place within the town, or while in any vehicle upon the public streets, highways, roads, alleys or places open to the public for vehicular traffic, except as follows:
1. 
Within the confines of such places where the sale, dispensing or consumption of alcoholic liquors or malt beverages has been licensed or permitted pursuant to Wyoming Statutes Section 12-2-201 or this chapter;
2. 
At such places and times as may be licensed by the governing body pursuant to this chapter.
C. 
Waiver:
1. 
Permit: No person shall consume any alcoholic beverage or exhibit any open container thereof in any public place other than a restaurant or on premises covered by an alcoholic beverage license or malt beverage permit without obtaining written permission from the mayor, the assistant mayor, or upon resolution passed by the town council.
2. 
Special Days Designated: The town council may, by resolution, designate special days during which subsection C1 of this section shall not apply, or be limited in application, it being the policy of the town that the restrictions should not be in effect on certain holidays and days of public celebration (see subsection 2-2-4-2B5 for the fee for an open container).
§ 2-2-6-3 
Possession by Underage Persons.
It is unlawful for any person under the age of 21 years to possess, buy, sell, drink, consume or otherwise solicit the sale or purchase of alcoholic liquor or malt beverages in the town. As used in this section, "possession" shall also include alcohol which has been consumed and is present within the body at the time of detention.
§ 2-2-6-4 
Sales to Underage Persons.
It is unlawful for any person to sell, give or deliver any alcoholic liquor or malt beverage to any person under the age of 21 years; provided, however, that such prohibition shall not apply to any parent or guardian providing such to his or her child in the confines of their home.
§ 2-2-6-5 
Use of False Proof of Age or Identity.
It is unlawful for any person under the age of 21 years to make, use or possess any identification which falsely indicates the person's age as greater than 21 years, whether in the person's correct name or not, or to attempt to obtain any alcoholic liquor or malt beverage using any false identification.
§ 2-2-6-6 
Dispensing Room Restrictions.
A. 
Minors Not Allowed: It is unlawful for any person under the age of 21 years to enter or remain in the dispensing room or brewing area of any premises licensed or permitted under this chapter to dispense or brew alcoholic liquor or malt beverages, except as provided for in this section.
B. 
Minor Employees Prohibited: No licensee, permittee or agent, employees or servant of a licensee or permittee shall permit any person under the age of 21 years to enter or remain in a dispensing room or brewing area of a licensed premises owned, operated, leased or managed by them.
C. 
Exceptions:
1. 
When Operation Closed to Patrons: This section shall not apply to a licensee's employee under the age of 21 years when, in the course of his or her employment, the employee is in the dispensing room and the dispensing room or brewing area is not open for the sale or dispensing of alcoholic beverages or brewing of malt beverages.
2. 
Minor in Company of Adult—Definitions: See Appendix—Definitions.
3. 
Presence Allowed: This subsection does apply to a person under the age of 21 years if the underage person is in a dining or waiting area within the dispensing room with an adult not later than 10:00 p.m.
§ 2-2-6-7 
Delivery of Alcoholic Liquors and Malt Beverages.
A. 
No retail liquor licensee shall deliver or cause to be delivered any alcoholic or malt beverage to any person whatsoever, except at the licensed premises.
B. 
No person shall engage in the business of making deliveries of alcoholic liquor or malt beverages from the place of any retail liquor licensee in the town.
(Ord. 458, 8-5-1985; Ord. 505, 7-1-1996; 2003 Code; Ord. 625, 6-11-2013)
A. 
Failure to Pay Sales Tax—Suspension Hearing: The governing body may suspend any license or permit issued under this chapter if the licensee or permittee fails to pay sales taxes and the Wyoming liquor division has ceased sales of alcoholic liquor to the licensee or permit pursuant to Wyoming Statutes Section 12-2-306. Upon receipt by the clerk-treasurer of a certified notice from the state of Wyoming issued pursuant to Wyoming Statutes Section 12-2-306, and upon order of the governing body, the clerk-treasurer shall notify the licensee or permittee, by certified mail that the town intends to hold a hearing on whether the license or permit should be suspended. The suspension hearing shall be conducted under the Wyoming Administrative Procedures Act and rules adopted by the governing body. The certified notice from the state of Wyoming and all evidence presented to the state of Wyoming in support of the certified notice will be admitted and considered prima facie evidence of the licensee's or permittee's tax delinquency.
B. 
Appeal: In the event a license or permit is suspended in accordance with this section, the holder of the license or permit may appeal the suspension in accordance with the provisions of Wyoming Statutes Section 12-7-103.
C. 
Term of Suspension: The suspension of the license or permit shall remain in effect until either the governing body lifts the suspension, a court of competent jurisdiction lifts the suspension, or the clerk-treasurer receives notice from the state of Wyoming that the sales tax liability has been satisfied.
D. 
Suspension Notice—Removal of Liquor or Malt Beverage From Premises: In the event a suspension occurs, the clerk-treasurer shall send by certified mail one copy each of the suspension notice to the last known addresses of the license or permit holder and to the director of the Wyoming liquor division for the state of Wyoming. Additionally, the clerk-treasurer shall post one copy of the suspension notice on the licensed or permitted premises. Immediately upon the posting of the suspension notice, the sale, offering to sell, distribute, or traffic of alcoholic liquor or malt beverages shall be unlawful. Further, the licensee or permittee shall either remove all of the alcoholic liquor and malt beverages from the licensed premises or secure the alcoholic liquor and malt beverages in a manner approved, in writing, by the chief of police or his/her designee.
(Ord. 505, 7-1-1996)
Any violation of this chapter is a misdemeanor and shall be punishable as provided in Section 1-4-1 of this code. Each day of a continuing violation shall be deemed a separate offense.
(Ord. 458, 8-5-1985; 2003 Code)