A. The town council shall use an alcoholic liquor and malt beverage demerit point system to assist it in identifying licensees which repeatedly violate the provisions of this code relating to alcoholic liquor and malt beverages, and in determining when liquor licenses should be suspended or revoked as a result of such violations. Violations of this chapter by an employee or agent of a licensee, while acting in the service of the licensee, shall be imputed to the licensee for the purposes of this section. Accordingly, a licensee will acquire demerit points upon the conviction of its employees and/or agents for violations of Wyoming state statutes title 12 committed while acting in the service of the licensee. References to "violations by a licensee", "convictions of a licensee", "demerit points acquired by a licensee", and similar references shall be construed in a manner consistent with this intent. Upon conviction for any offense specified in subsection B of this section, the number of demerit points specified in subsection B of this section shall be acquired by the licensee. Points shall be considered "acquired" by a licensee on the date of the violation of the licensee or agent. In attributing points to a licensee, the section number of the city code which the licensee is convicted of violating and the points ascribed to the violation by subsection B of this section are controlling.
B. The number of demerit points specified below will be acquired by a licensee as a result of a conviction of it, its employees or agents for violations of the corresponding sections.
ALCOHOLIC LIQUOR AND MALT BEVERAGE DEMERIT POINTS
Town Code Or Wyoming Statutes | Type Of Violation | Point Value | |
Town Code Or Wyoming Statutes | Type Of Violation | Point Value | |
Failure to notify city of changes in application information | 25 | ||
2-2-9D | Licensee, employee, or licensed operator to be on premises at all times | 50 | |
2-2-9E, WS 12-4-410, WS 31-5-235 | Failure to display signage referencing open container law | 10 | |
2-2-13A | Special malt beverage permit violation: | ||
Selling alcoholic liquor other than malt beverages | 25 | ||
Malt beverage sold for consumption off authorized premises | 25 | ||
2-2-13B | Catering permit violation: | ||
Selling or permitting consumption of alcoholic liquor or malt beverage off the authorized premises | 25 | ||
2-2-4A | Failure to display license | 10 | |
2-2-9C | Unlawful sale or transfer of license or permit | 5 | |
WS 12-4-604 | Unlawful expansion of license or permitted facility | 50 | |
Providing false information on license application | 50 | ||
WS 12-4-301(c) | Fraternal club permit violation: | ||
Selling alcoholic liquor or malt beverage for consumption off the licensed premises | 25 | ||
Selling alcoholic liquor or malt beverage for consumption by other than members and their accompanied guests | 25 | ||
Drive-in area violation | 25 | ||
Resort retail license violation: | |||
2-2-9C | Improper transfer of license | 50 | |
Selling alcoholic beverages or malt liquor for consumption off premises owned or leased by the licensee | 25 | ||
Restaurant license sale violation | 25 | ||
Retail liquor license location violation | 25 | ||
Retail liquor license sale violation | 25 | ||
Hours of sale violation: | |||
Per violation | 25 | ||
WS 12-5-202 | Off premises storage violation | 25 | |
WS 12-5-204 | On premises violations: | ||
Prostitution | 50 | ||
Public indecency | 25 | ||
Obscenity | 25 | ||
2-2-16D1 | Licensee, agent, or employee distributing or possessing a controlled substance with licensee's knowledge | 150 | |
2-2-16D2 | Third party illegally distributing or possessing a controlled substance with the knowledge of the licensee, agent, or employee | 150 | |
Violations pertaining to minors: | |||
WS 12-5-203 | Minor illegally on premises | First violation - 25 | |
2-2-14B and WS 12-6-103 (compliance) | Sale or gift to minor | Second violation - 50 | |
2-2-14D | Minors proof of age - failure to check identification of underage person | Third violation - 75 | |
WS 12-5-204 | Gambling | 10 | |
Title 2, chapter 2 | Any other violation of title 2, chapter 2 "Liquor Control" | 25 | |
International fire code: | |||
Section 107.5 | Violation of occupancy limit (fire code) | 25 | |
Failure to maintain: | |||
Section 1030 | Exits and emergency escapes | 25 | |
Section 107 | Fire protection and life safety systems | 25 | |
Section 105.6.36 | Unauthorized use of pyrotechnic special effects material | 25 | |
C. Not later than thirty (30) days following disposition of a charge alleging a violation of state law, this chapter, or the international fire code in any court which results in a conviction, the sheriff shall report the following information to the town clerk who in turn, shall notify the licensee of the demerit points acquired as a result of the conviction:
1. The fact that a licensee, its employee or agent has been convicted of a violation of state law, this chapter or the international fire code;
2. The date of the alleged violation;
3. The demerit points as specified in this chapter that are acquired by the licensee as a result of the conviction; and
4. Whether the court disposition has been appealed.
The town clerk shall maintain the total of all demerit points acquired by each licensee. The total of any demerit points acquired by a licensee shall be reported by the town clerk to the town council at the time of application for renewal and at any time the total points acquired by a licensee reach the limits for suspension actions of this chapter.
D. 1. In the event that a licensee, or with the licensee's prior knowledge of the action leading to the conviction, its agent or employee is convicted of illegally distributing or possessing with intent to distribute a controlled substance in the licensed premises, in any court, the licensee shall acquire one hundred fifty (150) points.
2. In the event that a third party is convicted of illegally distributing or possessing with intent to distribute a controlled substance in the licensed premises, and the town council finds that there is substantial evidence that such occurred with the licensee's, or its agent's or employee's prior knowledge, while employed within the licensee's establishment, of the action leading to the conviction and that the licensee, its agent or employee did not report his or her knowledge of such sale or possession to a peace officer, as that term is defined in Wyoming Statutes section 7-2-101 (1977), as soon as practicable, the licensee shall acquire one hundred fifty (150) points.
3. Should the town council become aware that an event, as described in subsection D1, D2 or E of this section, may have occurred, it shall provide the licensee with notice and an opportunity for a hearing. Notice of such hearing shall precede consideration of the matter by at least ten (10) days, shall be served personally or by mail to the address of the licensee listed on the licensee's most recent liquor license application to the city, and shall include a statement:
a. That the town council has been informed that one or more of the events described in subsection D1, D2 or E of this section, has occurred and that as a result demerit points may be attributed to the licensee and that a suspension and/or revocation of the license is possible;
b. Summarizing the nature and date(s) of the alleged event(s) and the number of demerit points which would be attributed to the licensee if the city council finds that such event(s) occurred;
c. That a hearing on the subject has been scheduled before the city council, and further informing the licensee of the time and place of the hearing; and
d. That the purpose of the hearing is to hear evidence, including that presented by the licensee, on the issue.
4. In the event that the town council concludes that there is substantial evidence that a licensee, its agent or employee has refused to allow entry and inspection pursuant to Wyoming state statute 12-2-304 the licensee shall acquire one hundred (100) demerit points for each day that a refusal occurs.
E. 1. Except as otherwise provided, the following suspension periods shall be imposed:
a. Every licensee acquiring one hundred twenty five (125) points in a twelve (12) month period shall have its license suspended for seven (7) days;
b. Every licensee acquiring more than one hundred seventy five (175) but less than two hundred fifty (250) points in a twelve (12) month period shall have its license suspended for thirty (30) days; and
c. Every licensee acquiring more than two hundred fifty (250) points in a twenty four (24) month period shall have its license suspended for sixty (60) days.
2. It is declared to be a gross violation, both of this chapter and for the purposes of license revocation as provided in title 12, chapter 7, of the Wyoming Statutes, for a licensee to have its license suspended three (3) times in any twenty four (24) month period. In the event of a gross violation, the town council may authorize a petition to the district court pursuant to Wyoming Statutes section 12-7-201 to revoke a licensee's license.
3. The sanctions provided in this section for demerit points are cumulative, and therefore points may result in multiple sanctions. Accumulated points shall not be excused at the end of the license year, but shall instead continue to be counted against a licensee for the periods described in this subsection E.
F. If it appears to the town council that a licensee has acquired sufficient points to result in a suspension or revocation of its license, the licensee shall be afforded an opportunity for hearing before the town council. The purpose of such hearing is to allow the licensee to provide information demonstrating that such points have not been acquired and for this purpose alone. Notice of such hearing shall precede consideration of the matter by at least ten (10) days, shall be served personally or by mail to the address of the licensee listed on the licensee's most recent liquor license application to the town, and shall include a statement:
1. That it appears to the town council that the licensee has acquired points such that a suspension and/or revocation of the licensee's license is appropriate;
2. Summarizing the nature and date(s) of the incidents resulting in points and the number of demerit points alleged to have been acquired by the licensee as a result of such incidents;
3. That a hearing on the subject has been scheduled before the city council, and further informing the licensee of the time and place of the hearing; and
4. That the purpose of the hearing is to allow the licensee to offer corrections to the information demonstrating such points have not been acquired.
G. At a hearing, a licensee may appear in person or through counsel. A licensee will be given an opportunity to present evidence and argument on the relevant issue. Evidence relied on shall consist of information commonly relied upon by reasonably prudent people in the conduct of their serious affairs. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. A record shall be made of the proceeding and shall include the following:
1. All notices and intermediate rulings;
2. Evidence received or considered by the town council including information officially noticed and received from the municipal court;
3. Questions and offers of proof, objections and rulings thereon;
4. Any proposed findings and exceptions thereto; and
5. Any opinion, findings, decision or order of the town council and any report by any hearing officer.
H. Nothing shall preclude the town council from appointing one or more hearing examiners to conduct any hearing called for by this section for the purpose of assembling a record for subsequent consideration by the town council. If a hearing examiner is appointed, the council shall direct the examiner to forward the record of the hearing to the council either with or without proposed findings of fact and conclusions of law, and with or without the opinion/recommendation of the examiner.
I. Following the hearing described in this section, and based upon the information considered and received at such hearing, and the sanctions described, the town council shall:
1. Order the suspension of the license in question;
2. Authorize the town attorney to prepare and file with the district court a petition to revoke the licensee's license; or
3. Find that suspension or revocation is not required by the terms of this section. Town council decisions shall be in writing, shall be supported by findings of fact and conclusions of law, and shall be delivered to the licensee in interest either personally or by mail at the address listed on the licensee's most recent liquor license application to the city.
J. The town council's action suspending a licensee shall be subject to review in the district court in accordance with the procedural rules heretofore or hereinafter adopted by the Wyoming supreme court concerning the review of administrative actions. Filing an appeal as provided in such rules, stays enforcement of the suspension decision pending final order on the appeal. The town council's action may be set aside by the district court if it finds the action to be:
1. Arbitrary, capricious, or otherwise not in accordance with law;
2. Without observance of the procedure required by law; or
3. Unsupported by substantial evidence.
K. If a license is revoked, except as provided in Wyoming Statutes section 12-7-201(d) concerning the expiration of a licensee while a revocation order is under appeal, the holder of such revoked license shall not be eligible to apply for a new license for a period of twelve (12) months from the date of revocation. (Ord. 2014-01, 3-18-2014)