City of Evanston, WY
Uinta County
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It shall be unlawful for any person to possess for sale, sell or dispense any alcoholic or malt liquor without first obtaining a license to do so and paying the license fees therefor.
[Added 4-2-2013 by Ord. No. 13-01[1]]
A. 
All licensees shall require that all persons who physically serve or deliver alcoholic or malt beverages in the licensed premises have successfully completed and have a current registration in the Alcohol Server Training Program promulgated by the State of Wyoming, within three months from the date the person begins to provide such services. In addition, the licensee shall require that all such persons view the alcohol server training material approved by the Police Department, prior to serving or delivering any alcoholic or malt beverages in the licensed premises.
B. 
In the case of a special malt beverage permit or a catering permit, the licensee shall make certain that at least one person present at the event has successfully completed and is currently registered in the Alcohol Server Training Program promulgated by the State of Wyoming and that all other persons, who serve or deliver alcoholic or malt beverages at the event, have viewed the alcohol server training material approved by the Police Department, prior to the event.
[1]
Editor’s Note: This ordinance provided an effective date of 7-1-2013.
[Amended by Ord. No. 96-13; Ord. No. 99-15]
A. 
Any person desiring a license or permit authorized by this Part 2 shall apply to the governing body. The application shall be made under oath upon a form prepared by the attorney general of the state, filed in the office of the City clerk, and shall contain the following provisions:
(1) 
The location of the licensed building in which the applicant will sell under the license if the building is in existence at the time of application. If the building is not in existence, the location and an architect's drawing or suitable plan of the licensed building in the premises to be licensed;
[Amended 11-7-2017 by Ord. No. 17-06]
(2) 
The age and residence of the applicant and of each applicant or partner if the application is made by more than one individual or by a partnership;
(3) 
A disclosure of any criminal record of the applicant or any partner equal to a felony conviction under state law and of any conviction of a violation of state law relating to the sale or manufacture of alcoholic liquor or malt beverages within ten years prior to the filing of the application;
(4) 
If the applicant is a corporation:
(a) 
The name, age and residence of each officer, director and stockholder holding, either jointly or severally, ten percent or more of the outstanding and issued capital stock of the corporation; and
(b) 
Whether any officer, director or stockholder with ten percent or more ownership has been convicted of a violation of law as provided in paragraph (3) of this subsection;
(5) 
If the applicant is a limited liability company:
(a) 
The name, age and residence of each officer, manager and member holding, either jointly or severally, ten percent or more of the outstanding ownership of the limited liability company;
(b) 
If any officer, manager or member with ten percent or more ownership has been convicted of violation of law as provided under paragraph A(3) of this section;
(6) 
A statement indicating the financial condition and stability of a new applicant;
(7) 
The site and the zoning of the site where the applicant will sell under the license;
(8) 
If the application is for a retail license renewal, the applicant shall provide documentation to show that the minimum purchase requirements specified in section 4-8 have been met.
B. 
Such application shall be accompanied by a fee sufficient to defray the cost of publication of the notice that such applicant has made application for such a license.
C. 
No person or partner shall have any interest, directly or indirectly, in a license or permit unless he signs and verifies the application for the license or permit. No corporation shall be granted a license or permit unless two or more of the officers or directors sign and verify the application on behalf of the corporation and verify upon their oaths as individuals that the statements and provisions are true. No limited liability company shall be granted a license or permit unless two or more of the officers, managers or if there are no officers or managers, two or more of the members sign and verify the application on behalf of the company and also verify upon their oath as individuals that the statements and provisions are true.
D. 
Corporate and limited liability company licensees and permittees shall advise the City with thirty days in writing of any change in the information in the application required by paragraphs A(4) or A(5) of this section. The City shall provide the commission a copy of a notification of change.
[Amended by Ord. No. 88-8; Ord. No. 96-13; Ord. No. 99-15]
A. 
A license or permit authorized by this Part 2 shall not be held by, issued, transferred or renewed to:
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1), which prohibited a license from being held by, issued, transferred or renewed to any mayor, member of the City Council or county commissioner, within their respective jurisdictions, was repealed 10-17-2017 by Ord. No. 17-04.
(2) 
Any person employed by the state or a City, town or county as a law enforcement officer or who holds office as a law enforcement officer through election;
(3) 
Any person who does not own the building or hold a written lease for the period for which the license will be effective containing an agreement by the lessor that alcoholic or malt beverages may be sold upon the leased premises, except as provided by paragraph (4) of this subsection;
[Amended 10-17-2017 by Ord. No. 17-04]
(4) 
Any licensee who fails to demonstrate that his licensed alcoholic or malt beverage enterprise will be operational in a planned but not physically functional building within one year after a license or permit has been issued or transferred, or if holding a license, fails to open his business in a functional building within one year after license issuance or transfer and remain operational thereafter. Upon a showing of good cause by the licensee and for an additional period of not to exceed one year, the City may extend the time period in which the business or enterprise of the licensee is required to become operational or open for business pursuant to this subsection. Any license or permit in violation of this subsection shall not be renewed by the City and once the enterprise is operational or open for business, no licensee shall be eligible to repeat the grace periods made available by this subsection without the consent of the governing body of the City due to extraordinary circumstances. For purposes of this subsection, "remain operational" means operational consecutively, in any license term year, for 12 months or for not less than three months if determined by the governing body to be a seasonal operation;
[Amended 10-17-2017 by Ord. No. 17-04]
(5) 
A retail liquor license shall not be renewed if the licensee did not, during the previous one-year term of the license, purchase at least $2,000 of alcoholic or malt beverages or a combination thereof from the commission or any authorized malt beverage wholesaler. This subsection shall not apply to:
[Amended 10-17-2017 by Ord. No. 17-04]
(a) 
Any licensee having a planned but not physically functional building pursuant to Subsection A(4) of this section;
(b) 
Holders of special permits issued under Part 2, Article VII.
(6) 
A manufacturer of alcoholic beverages or wholesaler of malt beverages;
(7) 
A person under eighteen years of age;
(8) 
A college fraternity or organization created by one or more college fraternities;
(9) 
A chamber of commerce;
(10) 
A corporation or a limited liability company which has not qualified to do business in Wyoming;
(11) 
An individual who is not a resident; or
(12) 
Any partnership or group of two or more persons, unless each individual interested, directly or indirectly, is a resident.
B. 
No licensing authority shall issue more than one license or permit to any one person.
[Added by Ord. No. 83-77]
Whenever an interest of more than ten percent of the whole interest in any corporation, association or organization holding a retail liquor license is sought to be sold, assigned or otherwise transferred, a new application as described in Section 4-7 shall first be filed with the City clerk and no such sale, assignment or transfer shall be made without the prior approval of the City council.
[Added by Ord. No. 83-77; amended by Ord. No. 84-55]
In addition to the application form described in Section 4-7, each applicant for a new license or applicant for a transfer of ownership of a license shall furnish names and addresses of all stockholders and their respective stock holdings if the applicant is a corporation and the names and addresses of all members if the applicant is an association or organization. Such affidavit shall also state whether or not any relative, by blood or marriage, of an individual applicant, partner, stockholder of a corporation or a member of an association or organization making application has any interest in any retail liquor license issued by the City and if so, the name and address of each such person; such affidavit shall also contain a complete balance sheet of the applicant as of a date within ninety days of the date of the application, such affidavit shall also state whether or not any person, other than the applicant, has any interest, whether direct or indirect, in the license and if so, the nature of the interest.
[Amended by Ord. No. 96-13]
A. 
When an application for a license, permit, renewal or any transfer of location or ownership thereof has been filed with the City council pursuant to this Part 2, the City clerk shall promptly prepare a notice of application and place the notice conspicuously upon the premises shown by the application as the proposed place of sale and publish the notice in the newspaper of local circulation once a week for four consecutive weeks. 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 City council. Each applicant shall, at the time of filing his application, pay the City clerk the amount sufficient to cover the costs of publishing such notice.
B. 
No license or permit authorized under this Part 2 shall be issued, renewed or transferred until on or after the date set in the notice for hearing protests. If a renewal or transfer hearing, the hearing shall be held no later than thirty days preceding the expiration date of the license or permit. A license or permit shall not be issued, renewed or transferred if the City council finds from evidence presented at the hearing:
(1) 
The welfare of the people residing in the vicinity of the proposed license or permit premises shall be adversely and seriously affected;
(2) 
The purpose of this chapter shall not be carried out by the issuance, renewal or transfer of the license or permit;
(3) 
The number, type or location of existing licenses or permits meets the needs of the vicinity under consideration;
(4) 
The desires of the residents of the City will not be met or satisfied by the issuance, renewal or transfer of the license or permit; or
(5) 
Any other reasonable restriction or standards which may be imposed by the City council shall not be carried out by the issuance, renewal or transfer of the license or permit.
C. 
The owner and holder of an expired liquor license or permit or one due for expiration has a preference right to a new license for the same location. After the required notice and public hearing, each application claiming renewal preference shall be promptly considered and acted upon by the City council.
D. 
When an application is filed, the City shall immediately forward a copy of the application to the commission. The City shall not approve or deny an application until the commission has certified the application is complete. An application shall be deemed to be certified unless an objection is made by the commission within ten working days after receipt of the application.
E. 
An applicant for a renewal license or permit may appeal to the district court from an adverse decision by the governing body. No applicant for a new license shall have a right of appeal from the decision of the governing body denying an application.
A. 
Each license issued by the City pursuant to this Part 2 shall be signed by the mayor and attested by the clerk.
B. 
The following shall be shown in each license:
(1) 
The name of the licensee;
(2) 
An address of the licensed building in which alcoholic and/or malt beverages may be sold;
[Amended 11-7-2017 by Ord. No. 17-06]
(3) 
The date of issuance; and
(4) 
The amount of the fee and that the same has been paid.
C. 
Each licensee shall display his license in a conspicuous place in the licensed building.
[Amended 11-7-2017 by Ord. No. 17-06]
All fees paid under this Part 2 for licenses and permits issued by the City council shall be deposited into the treasury of the City. No refund of all or any part of a license fee shall be made at any time following issuance.
A. 
A license or permit issued under this Part 2 is considered a personal privilege to the holder, and the term of the license or permit is for one year unless sooner revoked. When a valid license or permit is determined to be part of the estate of a deceased holder, the administration or executor of the estate may exercise the privilege of the deceased under the license or permit until the expiration of the license or permit.
B. 
The term of a license or permit may be less than one year if specified by the City council, to coincide with the annual dates set by the City council for consideration of license and permit issuance, renewal and transfer. For a license or permit issued by the City council for a period of less than one year, the annual fee shall be prorated accordingly. Any licensee not attempting to renew a newly issued prorated license or permit valid for one year shall not be eligible for any license or permit authorized under this Part 2 for a period of two years after the expiration of the prorated license or permit.
[Added by Ord. No. 02-02]
A. 
Purpose. The governing body shall use an alcoholic liquor and malt beverage demerit point system to assist it in identifying licensees which repeatedly violate the provisions of this code relating to alcoholic liquor and malt beverages, and in determining when liquor licenses should be suspended or revoked as a result of such violations. Violations of this chapter by an employee or agent of a licensee, while acting in the service of the licensee, shall be imputed to the licensee for the purposes of this section. Accordingly, a licensee will acquire demerit points upon the conviction of its employees and/or agents for violations of the City code Chapter 4 committed while acting in the service of the licensee. References to "violations by licensee," "convictions of a licensee," "demerit points acquired by a licensee," and similar references shall be construed in a manner consistent with this intent. Upon conviction for any offense specified in subsection B of this section, the number of demerit points specified in subsection B shall be acquired by the licensee. Points shall be considered "acquired" by a licensee on the date Chapter 4 of this code is violated by the licensee. In attributing points to a licensee, the section number of the City code which the licensee is convicted of violating and the points ascribed to the violation by subsection B are controlling.
B. 
Demerit Points. The number of demerit points specified below will be acquired by a licensee as a result of a conviction of it, its employees or agents for violations of the corresponding sections of this chapter.
City Code
Section or Chapter
Type of Violation
Point Value
§ 4-8. 1
Failure to notify City of changes in application information
25
§ 4-26.
Special malt beverage permit violation:
Selling alcohol liquor other than malt beverages
25
Malt beverage sold for consumption off the authorized premises
25
§ 4-26.
Catering permit violation:
Selling or permitting consumption of alcoholic liquor or malt beverage off the authorized premises
25
§ 4-28.
Unlawful sale or transfer of license or permit
5
§ 4-7. & § 4-8.2
Providing false information on license application
50
§ 4-15.
Fraternal club permit violation:
Selling alcoholic liquor or malt beverage for consumption off the licensed premises.
25
Selling alcoholic liquor or malt beverage for consumption by other than members and their accompanied guests.
25
§ 4-35.
Drive-in area violation
25
§ 4-14.
Drugstore sale violation
25
§ 4-18. & § 4-20.
Resort retail license violation:
Improper transfer of license
50
Selling alcoholic beverages or malt liquor for consumption off premises owned or leased by the licensee
25
§ 4-24.
Restaurant license sale violation
25
§ 4-31.
Retail liquor license location violation
25
§ 4-31.
Retail liquor license sale violation
25
§ 4-31.
Golf Club liquor license sale violation
25
§ 4-30.
Hours of sale violation:
Per violation
25
§ 4-32.
Off-premises storage violation
25
§ 4-34.
On-premises violations:
Prostitution
50
Public indecency
10
Obscenity
10
§ 4-33.
Minor illegally on premises:
Per violation
50
§ 4-38.
Sale or gift to minor:
Per violation
50
§ 4-34.
Gambling
10
Any other violation of this chapter
25
C. 
City Court Notification. Not later than thirty days following disposition of a charge alleging a violation of this Chapter in municipal court which results in a conviction, the court shall report the following information to the City Treasurer who, in turn, shall notify the licensee of those items of which the court notified the City Treasurer:
(1) 
The fact that a licensee, its employee or agent has been convicted of a violation of this Chapter of the City code;
(2) 
The date of the alleged violation; and
(3) 
Whether the municipal court disposition has been appealed.
D. 
Controlled Substance Violation. In the event that a licensee, its agent or employee is convicted of illegally distributing or possessing with intent to distribute a controlled substance in the licensed premises, in any court, the licensee shall acquire one hundred points.
E. 
Controlled Substance Premises Violation. In the event that a third party is convicted of illegally distributing or possessing with intent to distribute a controlled substance in the licensed premises, and the governing body finds that there is substantial evidence that such occurred with the knowledge of the licensee, or its agent or employee while in the service of the licensee, and that the licensee, its agent or employee did not report his or her knowledge of such sale or possession to a peace officer, as that term is defined in Wyoming Statute Section 7-2-101, as soon as practicable, the licensee shall acquire fifty points.
F. 
Inspection Violation. In the event that the governing body concludes that there is substantial evidence that a licensee, its agent or employee has refused to allow entry and inspection pursuant to Section 4-3 1, the licensee shall acquire one hundred demerit points for each day that a refusal occurs.
G. 
Violation Hearing. Should the governing body become aware that an event, as described in subsection D, E, F or H of this section, may have occurred, it shall provide the licensee with notice and an opportunity for a hearing. Notice of such hearing shall precede consideration of the matter by at least ten days, shall be served personally or by certified mail to the address of the licensee listed on the licensee's most recent liquor license application to the City, and shall include a statement:
(1) 
That the City counsel has been informed that one or more of the events described in subsection D, E, F or H of this section, has occurred and that as a result demerit points may be attributed to the licensee and that a suspension and/or revocation of the license is possible;
(2) 
Summarizing the nature and date(s) of the alleged event(s) and the number of demerit points which would be attributed to the licensee if the governing body finds that such event(s) occurred;
(3) 
That a hearing on the subject has been scheduled before the governing body, and further informing the licensee of the time and place of the hearing; and
(4) 
That the purpose of the hearing is to hear evidence, including that presented by the licensee, on the issue.
H. 
Suspension Periods. Except as otherwise provided, the following suspension periods shall be imposed:
(1) 
Every licensee acquiring one hundred twenty-five points in a twelve-month period shall have its license suspended for seven days;
(2) 
Every licensee acquiring more than one hundred seventy-five but less than two hundred fifty points in a twelve-month period shall have its license suspended for thirty days, and
(3) 
Every licensee acquiring more than two hundred fifty points in a twenty-four month period shall have its license suspended for sixty days.
(4) 
It is declared to be a gross violation, both of this chapter and for the purposes of license revocation as provided in Title 12, Chapter 7, of the Wyoming Statutes, for a licensee to have its license suspended three times m any twenty-four-month period. In the event of a gross violation, the governing body may authorize a petition to the district court pursuant to Wyoming Statutes Section 12-7-201 to revoke a licensee's license.
(5) 
The sanctions provided in this section for demerit points are cumulative, and therefore points may result in multiple sanctions. Accumulated points shall not be excused at the end of the license year, but shall instead continue to be counted against a licensee for the periods described in this section of the Evanston Municipal code.
I. 
Suspension Hearing. If it appears to the governing body that a licensee has acquired sufficient points to result in a suspension or revocation of its license, the licensee shall be afforded an opportunity for hearing before the governing body. The purpose of such hearing is to allow the licensee to provide information demonstrating that such points have not been acquired. Notice of such hearing shall precede consideration of the matter by at least ten days, shall be served personally or by certified mail to the address of the licensee listed on the licensee's most recent liquor license application to the City, and shall include a statement:
(1) 
That it appears to the governing body that the licensee has acquired points such that a suspension and/or revocation of the licensee's license is appropriate;
(2) 
Summarizing the nature and date(s) of the incidents resulting in points and the number of demerit points alleged to have been acquired by the licensee as a result of such incidents;
(3) 
That a hearing on the subject has been scheduled before the governing body, and further informing the licensee of the time and place of the hearing; and
(4) 
That the purpose of the hearing is to allow the licensee to offer corrections to the information demonstrating such points have not been acquired.
J. 
Hearing requirements. At a hearing, a licensee may appear in person or through counsel. A licensee will be given an opportunity to present evidence and argument on the relevant issue. Evidence relied on shall consist of information commonly relied upon by reasonably prudent people in the conduct of their serious affairs. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. A record shall be made of the proceedings and shall include the following:
(1) 
All notices and intermediate rulings;
(2) 
Evidence received or considered by the governing body including information officially noticed and received from the municipal court;
(3) 
Questions and offers of proof, objections and rulings thereon;
(4) 
Any proposed findings and exceptions thereto; and
(5) 
Any opinion, findings, decision or order of the governing body and any report by any hearing officer.
K. 
Hearing Examiners. Nothing shall preclude the governing body from appointing one or more hearing examiners to conduct any hearing called for by this section for the purpose of assembling a record for subsequent consideration by the governing body. If a hearing examiner is appointed, the governing body shall direct the examiner to forward the record of the hearing to the governing body either with or without proposed findings of fact and conclusions of law, and with or without the opinion/recommendation of the examiner.
L. 
Governing body decision. Following the hearing described in this section, and based upon the information considered and received at such hearing, and the sanctions described, the governing body shall:
(1) 
Order the suspension of the license in question;
(2) 
Authorize the City Attorney to prepare and file with the district court a petition to revoke the licensee's license; or
(3) 
Find that suspension or revocation is not required by the terms of this section.
(4) 
Governing body decisions shall be m writing, shall be supported by findings of fact and conclusions of law, and shall be delivered to the licensee in interest either personally or by mail at the address listed on the licensee's most recent liquor license application to the City.
M. 
Appeal. The governing body's action suspending a licensee shall be subject to review in the district court in accordance with the procedural rules heretofore or hereinafter adopted by the Wyoming Supreme Court concerning the review of administrative actions. Filing an appeal as provided in such rules, stays enforcement of the suspension decision pending final order on the appeal. The governing body's action may be set aside by the district court if it finds the action to be:
(1) 
Arbitrary, capricious, or otherwise not in accordance with law;
(2) 
Without observance of the procedure required by law; or
(3) 
Unsupported by substantial evidence.
N. 
If a license is revoked, except as provided in Wyoming Statutes § 12-7-201(d) concerning the expiration of a licensee while a revocation order is under appeal, the holder of such revoked license shall not be eligible to apply for a new license for a period of twelve months from the date of revocation.