City of Evanston, WY
Uinta County
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Table of Contents
Table of Contents
[Amended by Ord. No. 81-41; Ord. No. 88-8; Ord. No. 91-25; Ord. No. 95-20; Ord. No. 96-13; Ord. No. 96-17; Ord. No. 01-07; 6-20-2006 by Ord. No. 06-09; 10-17-2017 by Ord. No. 17-05; 11-7-2017 by Ord. No. 17-06]
A. 
Except as otherwise provided in this section, the principal place in which alcoholic and malt beverages are sold under a license shall be located in the licensed building for which the license is issued and as approved by the governing body. Alcohol beverages may be served only in the licensed building and in an immediately adjacent fenced or enclosed area as approved by the governing body. This adjacent area shall not be in another building. The City shall, as often as necessary, inspect the licensed building and adjacent areas where alcoholic beverages are served to ensure that the licensee is in compliance with sanitation and fire hazard requirements and other applicable laws.
B. 
If the licensee is engaged in the operation of or is a concessionaire for a public auditorium, civic center or events center, the licensee may dispense alcoholic liquors or malt beverages in any room or other appropriate location within the confines of the licensed building approved by the governing body under the same fee specified in Subsection A of this section.
C. 
Notwithstanding Subsection A of this section, a licensee who holds a license other than a club license issued under § 4-15 or restaurant license issued under § 4-21, and who is engaged in a business operation with motel or hotel sleeping room accommodations at the same premises, may sell alcoholic liquor and malt beverages in sealed containers from a minibar located in any sleeping room of the licensee's motel or hotel operation occupied by a registered guest 21 years of age or older. Sales under this subsection are not subject to hours of operation imposed under § 4-30 and shall be only for consumption within the motel or hotel sleeping room premises occupied by the guest. Restrictions imposed upon minors under § 4-37 apply to sales authorized under this subsection. The price imposed upon alcoholic liquor, malt beverages and all other items available for sale from the minibar shall be clearly posted. A mini bar used for purposes of this subsection shall be a closed container, refrigerated or nonrefrigerated, access to the interior of which is restricted by means of a locking device requiring the use of a key, magnetic card or similar device. The governing body of the City may impose additional reasonable restrictions on the operation a minibar licensed under this subsection.
D. 
A holder of a resort retail liquor license may dispense alcoholic beverages from any location within the boundaries of the resort premises. The resort premises shall be single property within a contiguous boundary upon which the resort is located and which shall be identified in the license. Any location on the resort premises where alcoholic beverages are dispensed as approved by the governing body shall comply with applicable sanitation and fire hazard requirements and other applicable laws. The City may, as often as necessary, inspect the licensed location where alcoholic beverages are dispensed to ensure that the licensee is in compliance with sanitation and fire hazard requirements.
E. 
Any golf club as defined by § 4-1 which holds a retail liquor license or a club limited retail liquor license under § 4-15 may dispense alcoholic beverages from any location within the boundaries of the golf club premises. The premises shall be a single property with a contiguous boundary upon which the golf club is located and which shall be identified in the license. Any location on the golf club premises where alcoholic beverages are dispensed as approved by the governing body shall comply with applicable sanitation and fire hazard requirements and other applicable laws. The City may, as often as necessary, inspect the licensed location where alcoholic beverages are dispensed to ensure that the licensee in compliance with sanitation and fire hazard requirements.
F. 
With the approval and on the conditions imposed by the governing body, any restaurant liquor licensee operating on a golf course may dispense alcoholic beverages from any location on the premises of the golf course. Holders shall comply with all applicable sanitation and fire hazard requirements and other applicable laws.
G. 
The governing body may authorize a licensee holding a retail liquor license to hold an event in the licensed building at which persons under the age of 21 are permitted if:
(1) 
No alcoholic liquor or malt beverages are sold, served, consumed or possessed by any person attending the event;
(2) 
No alcoholic liquor or malt beverages are accessible to persons attending the event.
No retail licensee shall store alcoholic liquor outside of the licensed building, unless he files with the state liquor commission a written statement that he stores liquor in a place other than his place of business and states the exact location of the storage place.
A. 
No licensee or agent, employee or servant thereof shall knowingly permit any person under the age of 21 years to enter or remain in a licensed building except as set forth below:
(1) 
Bars and taverns. Where the licensed establishment primarily sells alcoholic or malt beverages for on-premises consumption, persons under the age of 21 shall be permitted in a dining, seating, or waiting area or restaurant no later than 11:00 p.m. No person under the age of 21 shall be permitted to sit at a bar from which malt or alcoholic beverages are sold or dispensed at any time in the licensed building.
(2) 
Liquor stores. Where the licensed establishment primarily sells alcoholic or malt beverages for off-premises consumption, persons under the age of 21 shall be permitted in the licensed building if they are accompanied by parent or legal guardian who is at least 21 years of age.
(3) 
Grocery, retail and convenience stores. Where the licensed establishment sells alcoholic or malt beverages for off-premises consumption, but primarily sells other retail goods, the establishment shall maintain a separate room for the display of alcoholic and malt beverages. Persons under the age of 21 shall not be permitted in the room where the alcoholic and malt beverages are displayed for sale unless they are accompanied by parent or legal guardian who is at least 21 years of age. Payment for the sale of the alcoholic and malt beverages may take place at a register located outside of the room.
B. 
Only employees of the above-described establishments, who are at least 18 years of age, shall be permitted to work in the sale, display and serving of alcoholic or malt beverages.
C. 
Any person violating this section, or aiding abetting or inciting any violation thereof, is guilty of a misdemeanor and, upon conviction, will be fined not more than $750 or imprisoned not more than six months or both.
A. 
No licensee or agent or employee thereof shall knowingly permit prostitution under W.S., 6-4-101, public indecency under W.S., 6-4-201 or gambling as prohibited by W.S., 6-7-102 or shall promote obscenity under W.S., 6-4-302 within any dispensing room, building or premises licensed under this chapter.
B. 
Any licensee or agent or employee thereof violating subsection A of this section, or aiding, abetting or inciting any violation thereof, is in addition to other penalties provided by law, sufficient cause for the suspension or revocation of a license or permit.
A. 
The governing body may suspend any license or permit, if the licensee or permittee fails to pay sales taxes and the Wyoming Liquor Division has ceased sales of alcoholic liquor to the licensee or permittee pursuant to Wyoming Statute 12-2-306. Upon receipt by the clerk of a certified notice from the state of Wyoming issued pursuant to Wyoming Statute 12-2-306, and upon order of the governing body, the clerk shall notify the licensee or permittee, by certified mail that the City intends to hold a hearing on whether the license or permit should be suspended. The suspension hearing shall be conducted under the Wyoming Administrative Procedures Act and rules adopted by the governing body. The certified notice from the state of Wyoming and all evidence presented to the state of Wyoming in support of the certified notice will be admitted and considered prima facie evidence of the licensee's or permittee's tax delinquency.
B. 
In the event a license or permit is suspended in accordance with this section, the holder of the license or permit may appeal the suspension in accordance with the provisions of Wyoming Statute 12-7-103.
C. 
The suspension of the license or permit shall remain in effect until either the governing body lifts the suspension, a court of competent jurisdiction lifts the suspension, or the clerk receives certified notice from the state of Wyoming that the sales tax liability has been satisfied.
D. 
In the event a suspension occurs, the clerk shall send by certified mail one copy each of the suspension notice to the last known address of the license or permit holder and to the Director of the Wyoming Liquor Division. Additionally, the clerk shall post one copy of the suspension notice on the licensed or permitted premise. Immediately upon the posting of the suspension notice, the sale, offering to sell, distribution, or trafficking of alcoholic liquor or malt beverages shall be unlawful. Further, the licensee or permittee shall either remove all of the alcoholic liquor and malt beverages from the licensed premises or secure the alcoholic liquor and malt beverages in a manner approved in writing by the chief of police or his designee.