A. The qualifications, restrictions, limitations and numbers of licenses and permits shall all be governed by Wyoming Statutes title 12, as amended, and by the provisions of this title.
B. All applications for a license, permit, renewal or transfer shall be made to the Governing Body and shall be made upon the appropriate form prepared by the State of Wyoming, and furnished to the City. All applications shall be filed in the Office of the City Clerk. In addition to the information required by State law, each applicant shall also provide the following information with the application to the City:
1. Applicants for transfers of ownership and for new liquor licenses including, but not limited to, retail, restaurant, microbrewery, winery and bar and grill licenses shall disclose to the City all convictions and pleas of guilty or no contest to any and all felonies, and any and all alcohol related offenses, including, but not limited to, charges for driving while under the influence of alcohol, and charges related to the sale or distribution of alcohol, for the previous ten (10) years. The criminal history shall remain confidential pursuant to State law, and shall not be disclosed to the public. If the applicant is a partnership, each partner shall submit the criminal history information. If the applicant is a privately held corporation, each officer, director and stockholder holding either jointly or severally, ten percent (10%) or more of the outstanding and issued capital stock of the corporation shall provide the required criminal history information. If the applicant is a limited liability company, each officer, manager and member holding, either jointly or severally, ten percent (10%) or more of the outstanding ownership of the limited liability company, shall provide the required criminal history information. If the applicant is a publicly traded corporation, the on site manager or managers (if there is more than 1) shall provide the required criminal history information. If the application is approved, each time a new manager is hired, that manager shall provide the criminal history information to the City within forty five (45) days of hire. If the applicant is a nonprofit organization, the organization shall be exempt from a criminal history background check. A nonprofit organization shall provide documentation of its nonprofit status to the City in lieu of providing the criminal history information. Such documentation shall include documentation from the Internal Revenue Service showing the organization's tax exempt status, and/or documentation from the State of Wyoming showing the nonprofit status of the organization.
2. Each applicant applying for a new liquor license including, but not limited to, retail, restaurant, microbrewery, winery, and bar and grill licenses, or for a transfer of ownership for a retail liquor license, shall submit a business plan. The City shall provide a written summary providing general guidance as to what information should be in the plan, including what information shall be required. (Ord. 2012-03, 2-21-2012)
C. The approval of any application for the issuance, renewal or transfer of any license or permit shall be discretionary with the Governing Body. In making a decision on any application for a new license, a renewal, or transfer of ownership, the City shall consider the information in the application, including, but not limited to, the criminal history, the business plan, and all other information presented to the City at or prior to the public hearing. The City may approve, deny, or approve with conditions an application for the issuance, renewal or transfer of any license or permit. (Ord. 2015-11, 10-20-2015)
D. In determining whether to grant or deny an application to issue a license, transfer a license or renew a license, the Governing Body may consider several factors, including, but not limited to, the following:
1. The applicant's compliance with Federal, State and local laws, City codes, regulations, requirements, criteria and conditions;
2. Any violations or noncompliance of the requirements, restrictions and criteria described in section 3-2-15 of this chapter (regardless of whether points are assessed under that section);
3. The applicant's compliance with any conditions imposed upon the applicant's license;
4. The cooperation, or lack thereof, of the applicant, and applicant's employees, managers and agents with law enforcement agencies with respect to incidents involving criminal conduct which occur on the premises where the licensee operates his or her business;
5. The above factors shall be in addition to the factors and requirements prescribed under Wyoming Statutes 12-4-104, and other applicable laws. Any one factor or combination of the above factors may serve as a basis for denying any such application. If a licensee has more than one license at a given location, the Governing Body may deny the applications to renew all licenses at such location.
E. Definition of Operational - “operational” means offering for sales on an ongoing weekly basis to the general public alcoholic liquor and malt beverages as authorized under a license or permits issued. Licensee must be open for business, to the public, one day a week for a minimum of four (4) hours during the months of operation as noted on the Liquor License application. (Ord. 2016-01, 2-2-2016; amd. Ord. 2019-12, 1-21-2020)