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;
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:
(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]
(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 publish the notice in the newspaper
of local circulation once a week for two 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.
[Amended 5-4-2021 by Ord.
No. 21-01[1]]
[1]
Editor's Note: This ordinance provided an effective date of
7-1-2021.
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.
F.
Upon an appeal
the person applying for renewal of a license shall be named as plaintiff,
with the City named as defendant. During the pendency of an appeal,
a renewal license denied by the City shall not be granted to any other
applicant. Upon notice of appeal the Clerk shall transmit to the clerk
of the district court a certified copy of the application, of each
protest if any, and of the minutes recording the decision appealed
from. The appeal shall be heard as a trial de novo with evidence taken
and other proceedings had as in the trial of civil actions. The court
may accept and consider as part of the record certified documents
forwarded to the court by the Clerk of the City.
[Added 5-4-2021 by Ord.
No. 21-01[2]]
[2]
Editor's Note: This ordinance provided an effective date of
7-1-2021.
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
| |
|
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
| |
|
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:
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:
(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:
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.
[Added 5-4-2021 by Ord.
No. 21-02[1]]
A.
Retail
liquor licensees, microbrewery permit holders, winery permit holders,
winery satellite permit holders and manufacturer licensees with a
satellite location may deliver or contract to have delivered alcoholic
liquors and malt beverages to customers provided:
(1)
All
sales of alcoholic liquors and malt beverages under this section shall
take place in the licensed building. Orders of alcoholic liquors and
malt beverages may be placed by phone, online or through a mobile
application. All deliveries under this section shall be completed
during the licensee's remaining operating hours on the same day the
alcoholic liquors or malt beverages are removed from the inventory
of the licensed premises;
(2)
No
order shall be received nor shall any delivery be made to or by a
person under the age of 21 years. All deliveries shall require the
purchaser to provide to the deliverer a valid government-issued identification
demonstrating the purchaser is 21 years of age or older;
(3)
All
package sales and deliveries of alcoholic liquors and malt beverages
for off-premises consumption shall be sealed. For purposes of this
subsection, "sealed" means a product enclosed:
(4)
Any
contract delivery service shall adhere to the requirements of this
section when delivering alcoholic liquors and malt beverages; and
(5)
Microbrewery
permit holders, winery permit holders, winery satellite permit holders
and manufacturer licensees with a satellite location shall only deliver
or contract to have delivered their respective manufactured products.
[1]
Editor's Note: This ordinance provided an effective date of
7-1-2021.
