City of Evanston, WY
Uinta County
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Table of Contents
Table of Contents
[Amended by Ord. No. 96-17; Ord. No. 01-07]
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 one room upon the premises for which the license is issued and as approved by the governing body. Upon payment of an additional license fee equal to two-thirds of the fee paid for the original license, a licensee may have and maintain one additional dispensing room in the same building under the authority of the original license. Alcohol beverages secured in the licensed room by the server may be served only in the building in which the licensed room is located and in an immediately adjacent fenced or enclosed area as approved by the governing body. This area shall not be in another building and shall be located on the licensed premises. Only alcoholic and malt beverages, nonalcoholic beverages, food, tobacco and alcoholic liquor and malt beverage promotional sales items sold to the licensee bearing the name and trademark of the alcoholic liquor and malt beverage firm or company whose products the item is advertising may be sold and served in the licensed room. The City shall, as often as necessary, inspect the licensed room and adjoining rooms where alcoholic beverages are served to ensure that the licensee is in compliance with sanitation and fire hazard requirements and other applicable laws. A licensee may separate the facility for the sale of alcoholic liquor and malt beverages for off-premises consumption from the facility used to serve customers for on-premises consumption without payment of an additional fee. A separated facility for making sales for off-premises consumption shall be located adjoining the facility for making sales for on-premises consumption. The two facilities may be separated by glass or other suitable partition.
[Amended 6-20-2006 by Ord. No. 06-09]
B. 
If a licensee is engaged in a business operation with convention facilities, the licensee may maintain more than one additional dispensing room under the same fee referred to in Subsection A of this section. For the purposes of this subsection, a convention facility shall have and maintain all of the following:
(1) 
Motel or hotel sleeping room accommodations;
(2) 
Restaurant facilities; and
(3) 
Conference facilities.
C. 
The City Council may issue a twenty-four-hour permit to any licensee authorizing the sale of alcoholic or malt beverages in one additional dispensing room in the same building licensed by the original license for a twenty-four-hour period only. No one licensee shall be issued more than six permits in any one-year period. The fee for the period will be $10, payable in advance.
D. 
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 premises approved by the governing body under the same fee specified in Subsection A of this section.
E. 
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, at an additional fee of not to exceed one-half of the fee paid for the original license, 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 minibar 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.
F. 
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. Subsections A through C and E of this section do not apply to holders of a resort retail liquor license with respect to alcoholic beverages dispensed within the contiguous boundaries of the resort premises for which a resort retail liquor license is issued, except that 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. For each additional fixed dispensing location, the applicant shall pay an annual fee equal to 66 2/3% of the original license fee.
G. 
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. Subsections A through C and E of this section do not apply to golf clubs as defined by § 4-1 of the City Code which are holders of a retail liquor license or a club limited retail liquor licensed with respect to alcoholic beverages dispensed within the contiguous boundaries of the golf club premises, except that 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.
[Amended 6-20-2006 by Ord. No. 06-09]
H. 
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. Subsections A through C and E of this section do not apply to holders of such licenses, but such holders shall comply with all applicable sanitation and fire hazard requirements and other applicable laws.
I. 
The governing body may authorize a licensee holding a retail liquor license to hold an event on the licensed premises at which persons under the age of twenty-one are permitted upon the premises if:
(1) 
No alcoholic liquor or malt beverages are sold, served, consumed or possessed by any person in the dispensing room during the event;
(2) 
The dispensing room is closed during the event and all alcoholic liquor and malt beverages are removed from the dispensing room in which the event is held and are stored in an area on the licensed premises not accessible to persons in the closed dispensing room during the event or stored in a manner preventing dispensation during the event.
No retail licensee shall store alcoholic liquor outside of the licensed premises, 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.
[Amended by Ord. No. 81-41; Ord. No. 88-8; Ord. No. 95-20]
A. 
No licensee or agent, employee or servant thereof shall knowingly permit any person under the age of twenty-one years to enter or remain in the licensed room or rooms where alcoholic or malt beverages are dispensed. No person under the age of twenty-one years, shall enter or remain in the licensed room or rooms where alcoholic beverages are sold unless:
(1) 
Accompanied by his parent or guardian who is at least twenty-one years of age; and
(2) 
The licensed room is for the sale of alcoholic or malt beverages for off-premises consumption and separate from any licensed room for on-premises consumption.
B. 
When the licensed room or rooms are not open for the sale or dispensing of alcoholic or malt beverages, the employees of the licensee under the age of twenty-one may be permitted in the course of their employment to work in the room or rooms.
C. 
Employees of the licensee, who are at least eighteen years of age, shall be permitted to work in the licensed room or rooms provided the employee is acting solely within the scope of his or her employment.
D. 
Any person violating subsection A of this section, or aiding, abetting or inciting any violation thereof is guilty of a misdemeanor and, upon conviction, will be fined not more than seven hundred fifty dollars or imprisoned for not more than six months, or both.
[Amended by Ord. No. 91-25]
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.
[Added by Ord. No. 96-13]
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.