For the purposes of this chapter the words and terms defined
in this section have the meaning ascribed to them, unless the context
otherwise requires:
"Alcoholic liquor"
means any spirituous or fermented fluid, substance or compound
other than malt beverage, intended for beverage purposes which contains
at least one-half of one percent of alcohol by volume.
"Barrel"
is a unit of liquid measure equal to 31 U.S. gallons.
"Brewery"
means a commercial enterprise at a single location producing
more than 50,000 barrels per year of malt beverage.
"Building"
means a roofed and walled structure built or set in place
for permanent use.
"Club"
means any of the following organizations:
1.
A post, charter, camp or other local unit composed only of veterans
and its duly organized auxiliary, chartered by the Congress of the
United States for patriotic, fraternal or benevolent purposes and,
as the owner, lessee or occupant, operates an establishment for these
purposes within the state;
2.
A chapter, lodge or other local unit of an American national
fraternal organization and, as the owner, lessee or occupant, operates
an establishment for fraternal purposes within the state. As used
in this subparagraph, an American fraternal organization means an
organization actively operating in not less than 36 states or having
been in active continuous existence for not less than 20 years, but
does not mean a college fraternity;
3.
A hall or building association of a local unit specified in
paragraphs (1) and (2) of this definition, of which all of the capital
stock is owned by the local unit or its members, operating clubroom
facilities for the local unit;
4.
A golf club having more than 50 bona fide members and owning,
maintaining or operating a bona fide golf course together with a clubhouse;
5.
A social club with more than 100 bona fide members who are residents
of the county in which it is located, owning, maintaining or operating
club quarters, incorporated and operating solely as a nonprofit corporation
under the laws of this state and qualified as a tax exempt organization
under the Internal Revenue Service Code and having been continuously
operating for a period of not less than one year. The club shall have
had during this one year period a bona fide membership paying dues
of at least $25 per year as recorded by the secretary of the club,
quarterly meetings and an actively engaged membership carrying out
the objects of the club. A social club shall, upon applying for a
license, file with the licensing authority and the division, a true
copy of its bylaws and shall further, upon applying for a renewal
of its license, file with the licensing authority and the division
a detailed statement of its activities during the preceding year which
were undertaken or furthered in pursuit of the objects of the club
together with an itemized statement of amounts expended for such activities.
Club members, at the time of application for a limited retail liquor
license pursuant to W.S. 12-4-301, shall be in good standing by having
paid at least one full year in dues;
6.
Club does not mean college fraternities or labor unions;
7.
A political subdivision of this state owning, maintaining or
operating a bona fide golf course together with a clubhouse.
"Licensee"
means a person holding a: retail liquor license; limited
retail liquor license; resort liquor license; 24 hour malt beverage
permit; restaurant liquor license; catering permit; bar and grill
liquor license; malt beverage wholesale license; limited transportation
liquor license; manufacturer's license; manufacturer's satellite permit;
winery permit; winery satellite permit; out-of-state shipper's license;
microbrewery permit; or special malt beverage permit issued under
W.S. 12-4-504.
"Licensing authority"
means the governing body of the city of Riverton, Wyoming,
with the responsibility to issue, control, and administer a particular
license; or staff designee.
"Malt beverage"
means any fluid, substance or compound intended for beverage
purposes manufactured from malt, wholly or in part, or from any substitute
thereof, containing at least one-half of one percent of alcohol by
volume.
"Microbrewery"
means a commercial enterprise at a single location producing
malt beverage in quantities not to exceed 50,000 barrels per year
and not less than 50 barrels per year.
"Operational"
means offering alcoholic liquor and/or malt beverages for
sale on an ongoing weekly basis to the general public under a license.
"Original package"
means any receptacle or container used or labeled by the
manufacturer of the substance, containing any alcoholic liquors or
malt beverages.
"Person"
means and includes an individual person, partnership, corporation,
joint venture, proprietorship, limited liability company and any other
entity or organization which is recognized as a person by the law.
"Resident"
means a domiciled resident and citizen of Wyoming for a period
of not less than one year who has not claimed residency elsewhere
for any purpose within a one-year period immediately preceding the
date of application for any license or permit authorized under this
chapter.
"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-premises 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.
"Sell" or "sale"
includes offering for sale, trafficking in, bartering, delivering
or dispensing, and pouring for value, exchanging for goods, services,
or patronage, or an exchange in any way other than purely gratuitously.
Every delivery of any alcoholic liquor or malt beverage made otherwise
than my gift constitutes a sale.
"Wholesaler"
means any person except the Wyoming Liquor Division, who
sells any alcoholic or malt beverage to a retailer for resale.
"Winery"
means a commercial enterprise manufacturing wine in a single
location in Wyoming.
(Ord. 21-006 § 1, 2021)
Except as otherwise restricted by Section
5.04.120, all persons licensed under this chapter shall close the licensed building and cease the sale of both alcoholic liquors and malt beverages promptly at the hour of two a.m. each day, and shall clear the licensed building of all persons other than employees by two-thirty a.m., and shall keep the same closed until six a.m. each day; except, that on Sundays not occurring on December 31, such places may only open the licensed building between the hours of twelve noon and ten p.m., and shall clear the licensed building of all persons other than employees by ten-thirty p.m. Holders of restaurant liquor licenses shall operate the dispensing area(s) with the foregoing hours of operation, and additionally shall cease all sales of alcoholic liquors and malt beverages at the time food sales and services cease. Clubs holding special club licenses are exempt from all provisions concerning hours of operation.
(Ord. 21-006 § 1, 2021)
All licensees shall pay, in advance for such license and advertising
cost, the established fees for the liquor licenses and permits that
are set herein. The advertising cost for applications requiring public
notice shall be $75 per application, unless determined to be less
due to combined advertising opportunities such as renewals. The licensing
fees may be adjusted from time to time by resolution of the governing
body.
1.
|
Retail liquor license
|
$1,500
|
2.
|
Limited retail (club) license
|
$750
|
3.
|
Resort license
|
$500
|
4.
|
Restaurant license
|
$500
|
5.
|
Bar and grill license
|
$1,500
|
6.
|
Manufacturer's off-premises permit
|
$50
|
7.
|
Microbrewery permit
|
$300
|
8.
|
Winery permit
|
$300
|
9.
|
One-day malt beverage permit
|
$50
|
10.
|
One-day open container permit
|
$25
|
11.
|
One-day catering permit
|
$50
|
12.
|
Special malt beverage permit
|
$500
|
(Ord. 21-006 § 1, 2021)
When an application for a license, renewal, or any transfer
of location or ownership thereof has been filed in the office of the
city clerk under this article, it shall be the duty of the clerk to
publish, once a week for two consecutive weeks, in a newspaper of
general circulation in the city. The city clerk shall also post the
notice on the city or town's official website. 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 their application, pay an amount sufficient to cover the
cost of publishing notice provided for in this section. Notices may
be substantially in the following form:
NOTICE OF APPLICATION FOR A ______________
Notice is hereby given that on the _____ day of __________,
20_____, __________ (name of applicant) filed an application for a
_____ license, in the office of the Clerk of the City of Riverton
for the following described building (insert address)
|
_____________________________
_____________________________
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and protests, if any there be, against the issuance of such
license will be heard at the hours of _____.M, on the _____ day of
__________, 20_____, in the City Hall.
|
Date __________
|
Signed ___________________
|
(Ord. 21-006 § 1, 2021)