[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.
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]
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.
[Amended 5-18-2021 by Ord. No. 21-03]
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.
[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.