[Amended by Ord. No. 81-43; Ord. No. 83-93; Ord. No. 85-21; Ord. No. 88-8; Ord. No. 90-16; Ord. No. 01-07]
A. A malt beverage permit authorizing the sale of malt
beverages only may be issued by the City Council to any responsible
person or organization for sales at a picnic, bazaar, fair, rodeo,
special holiday or similar public gathering. No person or organization
holding the special permit shall sell any alcoholic liquor other than
malt beverages on the premises described on the permit, nor shall
any malt beverage be sold or consumed off the premises authorized
by the permit. Malt beverage permits under this subsection shall not
be used to operate a continuing business.
[Amended 9-7-2021 by Ord. No. 21-05]
B. A catering permit authorizing the sale of alcoholic
and malt beverages may be issued by the governing body to any person
holding a retail liquor license or a resort liquor license, authorizing
the off-premises sale of both alcoholic and malt beverages, for sales
at events not capable of being held within the licensee's licensed
premises. No licensee holding a catering permit shall sell or permit
consumption of any alcoholic or malt beverages off the premises described
in the permit. Catering permits under this subsection shall not be
used to operate a continuing business.
[Amended 9-7-2021 by Ord. No. 21-05]
C. The permits authorized by this subsection shall be issued for one twenty-four-hour period, subject to the schedule of operating hours provided by §
4-30. No person or organization shall receive more than a total of 12 malt beverage and 36 catering permits for sales at the same premises in any one year, except that this limitation shall not be applicable to malt beverage permits issued for sales at any fair, rodeo, pari-mutuel event or other similar public event conducted by a public entity or upon public premises.
[Amended 8-16-2005 by Ord. No. 05-10; 7-19-2016 by Ord. No. 16-04]
D. The malt beverage permit and the catering permit may
be issued on application to the City Council without public notice
or hearing. The application shall be completed in its entirety upon
a form approved by the City Council and shall state the name of the
applicant, a description of the premises for which the permit is requested,
the date or dates for which the permit is requested, and proposed
hours of operation under the permit and other relevant information.
The application shall be filed with the City Clerk at least three
days prior to the City Council meeting at which it is to be considered,
however, the City Council may waive this requirement upon a showing
of good cause. Any applicant applying for a permit authorized by this
section and having licensed premises located within a jurisdiction
other than the City of Evanston, Wyoming, shall secure the written
approval of the licensing authority of that jurisdiction in which
the licensed premises are located prior to filing an application for
a permit.
E. The fee for each malt beverage permit and catering
permit shall be set forth in the annual budget resolution but shall
not be less than $10 nor more than $100, payable in advance for each
permit issued. If the malt beverage permit or the catering permit
is proposed to be utilized in or upon facilities owned or operated
by the City, a clean-up bond of $100 shall be posted with the City
Clerk’s office. The bond shall be returned if the facility is
left in a clean and orderly condition. The City reserves the right
to keep all or any portion of the bond for actual clean-up costs incurred
because of the permittee’s activities. The permit applicant
shall strictly adhere to the requirements imposed by the City Council
and with the state statutes, particularly those dealing with sales
to persons under the age of 21 years and consumption of alcoholic
liquor or malt beverages off the licensed premises.
[Amended 6-20-2006 by Ord. No. 06-09]
[Added by Ord. No. 94-24; amended by Ord. No. 96-13; 6-20-2006 by Ord. No. 06-09]
A. Subject to restrictions imposed under §
4-8, excluding §
4-8A(6), the governing body may issue:
(1) A microbrewery permit authorizing a permit holder
to brew a malt beverage and dispense the brewed malt beverage for
on-premises and limited off-premises personal consumption;
(2) A winery permit authorizing a permit holder to manufacture
wine and dispense the manufactured wine for on-premises and limited
off-premises personal consumption.
B. The governing body:
(1) May allow the sale of other malt beverages under a
microbrewery permit for on-premises consumption when obtained through
licensed wholesale malt beverage distributors.
(2) May allow the sale of other wines under a winery permit
for on-premises consumption when obtained from the Commission.
(3) The governing body may approve the dual holding of
a microbrewery permit or winery permit and one of the following:
(f)
Subject to Subsection
D of this section, a bar and grill liquor license as provided by §
4-26.2 of the City Code.
(4) May allow the microbrewery to sell on site its brewed
product for off-premises personal consumption, not for retail sale,
in packaging of bottles, cans or packs of an aggregated volume not
to exceed 2,000 ounces per sale.
(5) May allow the winery to sell its manufactured wine
on site for off-premises personal consumption, not for retail sale,
in packaging of bottles of an aggregate volume not to exceed 2,028
ounces per sale.
C. The provisions of §
4-26.2 of the City Code shall apply to any person holding a microbrewery or winery permit and a bar and grill liquor license pursuant to Subsection
B(3). of this section, except the dual holder:
(1) May sell the brewed malt beverage or manufactured wine for limited off-premises personal consumption pursuant to Subsections
B(4) and
B(5) of this section;
(2) May, upon cessation of full-service restaurant operations,
serve a limited menu and continue to serve malt beverages authorized
under the microbrewery permit or wines authorized under the winery
permit; and
(3) Shall not include sales of malt beverages or wines authorized under the malt beverage or winery permit, or sales other than food service and alcoholic beverages, in the annual gross sales report required under §
4-22.
D. The fee for each microbrewery or winery permit shall
be set forth in the annual budget resolution but shall not be less
than $300 nor more than $500, payable in advance for each permit issued.
When dual ownership of a microbrewery or winery permit and a liquor
license exists no additional fee shall be assessed other than the
retail, restaurant or resort license fee.
[Added 6-20-2006 by Ord. No. 06-09]
A. Restaurants as defined by §
4-1 of the City Code may be licensed by the governing body under a bar and grill liquor license. In addition to the application requirements required by this chapter, the license applicant shall submit a valid food service permit upon application.
B. A bar and grill liquor license shall not be sold,
transferred or assigned by the holder.
C. Bar and grill liquor licenses shall be subject to the provisions of §§
4-22 and
4-24C of the City Code to the same extent those provisions are applicable to restaurant liquor licenses. Bar and grill liquor licensees shall not sell alcoholic or malt beverages for off-premises consumption from the licensed building owned or leased by the licensee except as allowed under §
4-24D of the City Code.
[Amended 11-7-2017 by Ord. No. 17-06; 1-15-2019 by Ord. No. 18-07]
D. The annual fee for each bar and grill liquor license
shall be set forth in the annual budget resolution, but shall not
be less than $1,500 nor more than $10,500, payable in advance. If
a bar and grill liquor license is issued at any time other than October
15, the fee shall be prorated on a 1/12 basis.
An alcoholic beverage permit is required for
the purchase from the state liquor commission or a wholesaler of alcoholic
or malt beverages by hospitals, religious organizations and licensed
physicians and dentists, but the permit shall not authorize resale
and shall be issued gratis by the City Council.