City of Evanston, WY
Uinta County
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Restaurants, as defined by § 4-1, may be licensed by the City Council under a restaurant liquor license. In addition to the other application requirements of this chapter, the license applicant shall submit a valid food service permit upon application.
Any applicant for a restaurant liquor license shall satisfy the City Council that the primary source of revenue from the operation of the restaurant to be licensed will be derived from food services and not from the sale of alcoholic or malt beverages.
When renewing a restaurant liquor license, the City Council shall condition renewal upon a requirement that not less than sixty percent of gross sales from the preceding 12 months' operation of a licensed restaurant be derived from food services.
Upon application for a license renewal, a license holder shall submit an annual report to the City Council of the sales of the licensed restaurant. The reports shall contain the annual gross sales figures of the restaurant and shall separate the gross sales figures into two categories: (1) food service sales; and (2) alcoholic and malt beverage sales.
No restaurant liquor licenses shall be transferred to another location. License ownership may be transferred to a purchaser or lessee of the licensed premises, with the approval of the City Council.
[Amended by Ord. No. 88-8]
Restaurant liquor licensees shall not sell alcoholic or malt beverages for consumption off the premises owned or leased by the licensee.
Alcoholic and malt beverages shall be dispensed and prepared for consumption in one room upon the licensed premises separated from the dining area in which alcoholic and malt beverages may be served. No consumption of alcoholic or malt beverages shall be permitted within the dispensing room, nor shall any person other than employees over eighteen years of age be permitted to enter the dispensing room. If a restaurant has a dispensing room separate from the dining area which is licensed prior to February 1, 1979, for purposes of alcoholic or malt beverage sales and consumption, the restaurant may dispense alcoholic or malt beverages in the separate dispensing room under a restaurant liquor license and any persons shall be permitted to enter the separate dispensing room if they meet the age requirements specified in §  4-33.
All sales of alcoholic and malt beverages authorized by a restaurant liquor license shall cease at the time food sales and services cease or at the hours specified by § 4-30 if food sales and services extend beyond the hours specified therein.
A restaurant liquor licensee may permit a patron to remove one unsealed bottle of wine for off-premises consumption, provided that the patron has purchased a full-course meal and consumed a portion of the bottle of wine with the meal on the restaurant premises. For purposes of this subsection the term “full-course meal” shall mean a diversified selection of food which is ordinarily consumed with the use of tableware and cannot conveniently be consumed while standing or walking. A partially consumed bottle of wine that is to be removed from the premises pursuant to this subsection shall be securely sealed by the licensee or an agent of the licensee and placed in a tamper-proof transparent bag which shall also be securely sealed prior to removal from premises, so that it is visibly apparent that the resealed bottle of wine has not be tampered with. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. Wine which is resealed in accordance with the provisions of this subsection shall not be deemed an open container for purposes of Wyoming Statutes 31-5-235.
[Added 6-20-2006 by Ord. No. 06-09]
[Amended by Ord. No. 81-43; 6-20-2006 by Ord. No. 06-09]
The fee for each restaurant liquor license shall be set forth in the annual budget resolution but shall not be less than $500 nor more than $3,000, payable in advance. If the license is issued at any other time than October 15, the fee shall be prorated on a 1/12 basis.