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regulation of alcoholic and malt beverages which are being repealed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)
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)