City of Evanston, WY
Uinta County
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[Amended by Ord. No. 88-8; Ord. No. 94-24; Ord. No. 96-13; Ord. No. 01-07]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ALCOHOLIC LIQUOR
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. "Intoxicating liquor," "alcoholic liquor," "alcoholic beverage" and "spirituous liquor" are construed as synonymous in meaning and definition.
BUILDING
A roofed and walled structure set in place for permanent use.
CLUB
Any of the following organizations:
A. 
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, which, as the owner, lessee or occupant, operates an establishment for these purposes within the state;
B. 
A chapter, lodge or other local unit of an American national fraternal organization, which, 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;
C. 
A hall or building association of a local unit specified in Subsections A and B 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;
D. 
A golf club having more than 50 bona fide members owning, maintaining or operating a bona fide golf course together with a clubhouse; or
E. 
A social club with more than 100 bona fide members who are residents of the county in which it is located, owning and operating solely as a nonprofit organization under state law 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 City Council and the state liquor commission a true copy of its bylaws and shall further, upon applying for a renewal of its license, file with the City Council and the state liquor commission 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 § 4-15, shall be in good standing by having paid at least one full year in dues. "Club" does not mean college fraternities or labor units.
COMMISSION
The Wyoming Liquor Commission.
DRUGSTORE
Space in a building maintained, advertised and held out to the public as a place where drugs and medicines are sold and prescriptions are compounded and where a registered pharmacist is regularly employed.
LICENSEE
A person holding a retail liquor license, limited retail liquor license, resort liquor license, malt beverage permit, restaurant liquor license, catering permit, microbrewery permit, or bar and grill liquor license.
[Amended 6-20-2006 by Ord. No. 06-09]
LIMITED RETAIL LIQUOR LICENSE
The authority under which clubs shall be permitted to sell alcoholic and/or malt beverages.
MALT BEVERAGE
Any fluid, substance or compound intended for beverage purposes manufactured from malt, wholly or in part, or from any substitute therefor containing at least one-half of one percent of alcohol by volume.
MICROBREWERY
A commercial enterprise at a single location producing not more than 50,000 barrels per year and no less than 50 barrels per year of malt beverage.
[Amended 7-19-2016 by Ord. No. 16-04]
OPERATIONAL
The offering for sale on an ongoing weekly basis to the general public alcoholic liquor and malt beverages as authorized under a license or permit issued under this chapter. "Ongoing weekly basis" shall mean at least three hours per day for three days each week.
[Amended 10-17-2017 by Ord. No. 17-04]
ORIGINAL PACKAGE
Any receptacle or container used or labeled by the manufacturer of the substance, containing any alcoholic liquors or malt beverages.
PERSON
An individual person, partnership, corporation, limited liability company or other association or entity, public or private.
RESIDENT
A domiciled resident and citizen of the state 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
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. This means that the building shall have a dining room or rooms, a kitchen and the number and kinds of employees necessary for the preparing, cooking and serving of meals in order to satisfy the City council that the space is intended for use as a full service restaurant. The service of only fry orders or such food and victuals as sandwiches, hamburgers or salads shall not be deemed a restaurant for the purposes of this chapter.
RETAIL LIQUOR DEALER
Any licensee who sells alcoholic or malt liquors under a retail liquor license.
RETAILER
A person who sell or offers for sale any alcoholic or malt beverage for use or consumption and not for resale.
ROOM
An enclosed, partitioned space within a building. Partitions may contain windows and doorways, but any partition shall extend from floor to ceiling.
SELL; SALE
Offering for sale, trafficking in, bartering, delivering or dispensing and pouring for value, exchange 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 by gift constitutes a sale.
WINERY
A commercial enterprise manufacturing wine at single location in Wyoming.
[Amended 7-19-2016 by Ord. No. 16-04]
The general control and regulatory provisions of this chapter apply to all licenses and permits authorized under this chapter, unless otherwise provided.
Any person who is drunk or under the influence of intoxicating liquor or drugs or malt beverages on any street or highway or in any public place is guilty of a misdemeanor.
A. 
It shall be unlawful to consume or to possess alcoholic or malt beverages in an open container while operating a motor vehicle.
B. 
It shall be unlawful for any person to consume or to carry in an open container any alcoholic or malt beverage while upon a public street, sidewalk, curb or other public area, except areas designated by the City council for the consumption of such beverages and areas licensed by a twenty-four hour malt beverage or catering permit in accordance with section 4-26.
C. 
For the purposes of this section, an "open container" is any glass, cup, bottle, can or other receptacle used for drinking which is not sealed or capped.
[Amended by Ord. No. 81-41]
Any person who violates any provision of this chapter for which no specific penalty is provided is guilty of a misdemeanor and, upon conviction, shall be fined not more than seven hundred fifty dollars, to which may be added imprisonment for a period of not more than six months.