City of Evanston, WY Article VII Special Permits

§ 4-26 Twenty-four-hour malt beverage permit and catering permit.

[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]

§ 4-26.1 Microbrewery and winery permits.

[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:

(a) A retail liquor license;

(b) A restaurant license;

(c) A resort license;

(d) A microbrewery permit;

(e) A winery permit; or

(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.

§ 4-26.2 Bar and grill liquor license; authorized; requirements.

[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.

§ 4-27 Hospitals, religious organizations, physicians and dentists.

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.