[HISTORY: Adopted by the Town Council of the Town of Pinedale as indicated in article histories. Amendments noted where applicable.]
Article I Licensing; Regulations; Underage Persons
[Adopted 1959 and 1970 by Ord. No. 18; amended in its entirety 10-29-1973 (Ch. 5.04 of the 1983 Municipal Code)]
[Amended 1995 by Ord. No. 295; 6-14-2010 by Ord. No. 453]
As used in the chapter, unless the context indicates a different meaning, the words "alcoholic liquor," "microbrewery," "club," "drugstore," "intoxicating liquor," "limited retail liquor license," "malt beverage," "person," "retailer," "retail liquor license," "restaurant," "restaurant liquor license," "bar and grill liquor license," "sale" and "sell" shall be construed as defined by Wyoming Statutes.
Editor's Note: See W.S. § 12-1-101 et seq.
It is unlawful for any person or persons in the Town to vend, sell, barter or dispose of for pecuniary benefit or advantage, either directly or indirectly, in person or by agent or employee, at retail, any spirituous or intoxicating liquors without first having obtained a retail liquor license; provided, however, that this article does not apply to drugstores selling liquors under special permit issued by the Wyoming Liquor Commission, for the purpose of filling bona fide prescriptions written by duly licensed physicians, surgeons and dentists.
Any person or persons desiring to obtain a license to vend, sell, barter or dispose of, for any purpose, or in any way, at retail, any spirituous or intoxicating liquors shall, before vending, selling, bartering or disposing of such liquor or liquors, make written application for the license to the Mayor and Town Council upon forms and in the manner provided by the laws of the state.
[Amended 6-14-2010 by Ord. No. 453; 5-8-2017 by Ord. No. 609]
No person or persons shall vend, sell or barter spirituous or intoxicating liquors in the Town without first having paid to the Town a license fee and having obtained a license to do so. The Town may issue the following annual licenses pursuant to state law and this chapter at the annual license rate set by resolution and payable in advance. All license holders shall be notified two weeks by mail prior to new fee being set by resolution.
[Added 5-8-2017 by Ord. No. 610]
Unless otherwise provided for by state statute, licensees under this article or licensees holding permits authorized by W.S. 12-4-502 may begin alcoholic or malt beverage sales in the licensed building and shall close and cease the sale of both alcoholic and malt beverages promptly at times set by Town Council resolution. Licensees shall clear the licensed building of all persons other than employees no later than 30 minutes after the designated closing time.
Hours of operation may be extended on certain days where all license holders may sell alcoholic or malt beverages for up to 24 hours. All license holders shall have the same dates. These dates if allowed shall be set and approved by the Town Council by resolution.
Editor's Note: Former § 114-5, Microbrewery permits; conditions; fee, added 1995 by Ord. No. 296, was repealed 6-14-2010 by Ord. No. 453.
[Amended 1988 by Ord. No. 208; 11-10-2014 by Ord. No. 527]
Every holder of a license issued under the provisions of this article or the servant or employee of such holder who sells, gives or delivers alcoholic or malt beverages to any habitual drunkard or any incompetent person, and every holder of a retail liquor license, or his servant or employee, who permits any person under the age of 21 years to enter or remain in the licensed premises at any time the licensed premises is open for business, except for individuals over the age of 18 years whose presence is pursuant to their employment, is guilty of a misdemeanor.
[Amended 1987 by Ord. No. 202; 1988 by Ord. No. 208; 1997 by Ord. No. 314; 7-23-2007 by Ord. No. 2007-418]
No person shall sell, furnish, give away or cause to be sold, furnished or given away any alcoholic or malt beverage to any person under the age of 21 years who is not his or her legal ward, medical patient or member of his or her own immediate family. For purposes of this article, "immediate family" shall mean any parent-child, foster parent-child, or stepparent-child relationship.
[Amended 1984 by Ord. No. 131; 1987 by Ord. No. 202; 1988 by Ord. No. 208; 7-23-2007 by Ord. No. 2007-418]
No person under the age of 21 years located within the corporate limits of the Town of Pinedale shall consume or have in his or her possession any alcoholic or malt beverage. Evidence of consumption of any alcoholic or malt beverage by any person under the age of 21 years shall be deemed prima facie evidence that such person is in unlawful possession of alcoholic or malt beverages. This section shall not apply to actual physical possession by a person making delivery pursuant to his or her employment, nor shall it apply to possession or consumption by underage individuals who are in the physical presence of their parent(s), stepparent(s), or legal guardian(s).
[Amended 1988 by Ord. No. 208; 7-23-2007 by Ord. No. 2007-418]
No person shall falsify any identification or use any false identification in order to obtain alcoholic or malt beverages.
It is unlawful for any person or persons holding a retail liquor license to permit any game of chance, tokens or checks payable in merchandise in such places.
[Amended 1984 by Ord. No. 131; 1988 by Ord. No. 208; 7-23-2007 by Ord. No. 2007-418]
[Added 7-23-2007 by Ord. No. 2007-418]
Any person who violates any of the provisions of § 114-7 or 114-9, or aids, abets or incites any violation thereof is guilty of a misdemeanor and, upon conviction, shall be liable for a fine of not more than $750, imprisonment of not more than six months or both, to which may be added costs as provided by law.
[Amended 1984 by Ord. No. 131; 8-23-2010 by Ord. No. 461]
Except as provided in §§ 114-11 and 114-12, any person or persons violating any of the provisions of this article, upon their first and initial conviction, shall be punished as provided in Chapter 1, Article IV, General Penalty. Upon the second conviction for the same offense, a violator shall be punished as provided in Chapter 1, Article IV, General Penalty, and shall be subject to forfeiture of his or her Town liquor license.