For the purposes of this chapter, the following words and phrases shall have the following meanings:
ALCOHOLIC LIQUOR: Any spirituous or fermented fluid, substance or compound other than malt beverage intended for beverage purposes which contains at least one-half of one percent (0.5%) of alcohol by volume. As used in this section, "beverage" does not include liquid filled candies containing less than six and one-quarter percent (6.25%) of alcohol by volume.
ANNUAL LICENSES: Those liquor licenses issued by the Town which are valid for a period of one year, and are renewable annually, and shall include retail liquor licenses, limited retail (club) licenses, and restaurant liquor licenses.
BUILDING: A roofed and walled structure built or set in place for permanent use.
CLUB: Any of the following organizations:
A. A post, charter, camp or other local unit composed only of veterans and its duly organized auxiliary, chartered by the Congress of the United States for patriotic, fraternal or benevolent purposes and, as the owner, lessee or occupant, operates an establishment for these purposes within the Town.
B. A chapter, lodge or other local unit of an American national fraternal organization and, as the owner, lessee or occupant, operates an establishment for fraternal purposes within the Town. As used in this chapter, an American fraternal organization means an organization actively operating in not less than thirty six (36) states or having been in active continuous existence for not less than twenty (20) years, but does not mean a college fraternity.
C. A hall or building association of a local unit specified in subsections A and B of this definition, of which all of the capital stock is owned by the local unit or its members, operating clubroom facilities for the local unit.
D. A golf club having more than fifty (50) bona fide members and owning, maintaining or operating a bona fide golf course together with a clubhouse.
E. A social club with more than one hundred (100) bona fide members who are residents of Platte County, owning, maintaining or operating club quarters, incorporated and operating solely as a nonprofit corporation under the laws of this State and qualified as a tax exempt organization under the Internal Revenue Service Code and having been continuously operating for a period of not less than one year. The club shall have had during this one year period a bona fide membership paying dues of at least twenty five dollars ($25.00) per year as recorded by the Secretary of the club, quarterly meetings and an actively engaged membership carrying out the objects of the club. A social club shall, upon applying for a license, file with the Town Council and the Wyoming State Liquor Commission a true copy of its bylaws and shall further, upon applying for a renewal of its license, file with the Town Council and the Wyoming State Liquor Commission a detailed statement of its activities during the preceding year which were undertaken or furthered in pursuit of the objects of the club together with an itemized statement of amounts expended for such activities. Club members, at the time of application for limited retail liquor license, pursuant to Wyoming Statutes section 12-4-301, shall be in good standing by having paid at least one full year in dues.
F. Club does not mean college fraternities or labor unions.
INDUSTRY REPRESENTATIVE: All wholesalers, manufacturers, rectifiers, distillers and breweries dealing in alcoholic liquor or malt beverage, and proscriptions upon their conduct shall include conduct by any subsidiary, affiliate, officer, director, employee, agent, broker or any firm member or such entity.
INTOXICATING LIQUOR, ALCOHOLIC LIQUOR, ALCOHOLIC BEVERAGE AND SPIRITUOUS LIQUOR: These terms are construed as synonymous in meaning and definition.
LICENSEE: A person holding a:
A. Retail liquor license;
B. Limited retail liquor license;
C. Malt beverage permit;
D. Restaurant liquor license;
E. Catering permit; or
F. Bar and grill liquor license.
LIMITED RETAIL LIQUOR LICENSE: The authority under which clubs shall be permitted to sell alcoholic and malt beverages.
MALT BEVERAGE: Any fluid, substance or compound intended for beverage purposes manufactured from malt, wholly or in part, or from any substitute therefor, containing at least one-half of one percent (0.5%) of alcohol by volume.
ORIGINAL PACKAGE: Any receptacle or container used or labeled by the manufacturer of the substance containing any alcoholic liquors or malt beverages.
PERMIT: A temporary liquor license issued under the provisions of this chapter.
PERMITTED: A person holding one or more of the following temporary licenses or permits:
A. Malt beverage permit;
B. Extended hours permit; or
C. Catering permit;
D. Open container permit.
PERSON: An individual person, partnership, corporation, limited liability company or any other association or entity, public or private.
RESIDENT: A domiciled resident and citizen of Wyoming for a period of not less than one year who has not claimed residency elsewhere for any purpose within a one year period immediately preceding the date of application for any license authorized in this chapter.
RESTAURANT: The space in a building maintained, advertised and held out to the public as a place where individually priced meals are prepared and served primarily for on premises consumption and where the primary source of revenue from the operation is from the sale of food and not from the sale of alcoholic or malt beverages. The building shall have a dining room or rooms, a kitchen and the number and kinds of employees necessary for the preparing, cooking and serving of meals in order to satisfy the licensing authority that the space is intended for use as a full service restaurant. "Full service restaurant" means a restaurant at which waiters or waitresses deliver food and drink offered from a printed food menu to patrons at tables or booths. The service of only fry orders or such food and victuals as sandwiches, hamburgers or salads shall not be deemed a restaurant for the purposes of this chapter.
RETAIL LIQUOR LICENSE: The authority under which a retailer shall be permitted to sell alcoholic or malt beverages for use or consumption but not for resale.
RETAILER: A person who sells or offers for sale any alcoholic or malt beverage for use or consumption and not for resale.
SELL OR SALE: Offering for sale, trafficking in, bartering, delivering or dispensing and pouring for value, exchanging for goods, services or patronage or an exchange in any way other than purely gratuitously. Every delivery of any alcoholic liquor or malt beverage made otherwise than by gift constitutes a sale.
TEMPORARY LICENSES: Those liquor permits or licenses which are issued by the Town for specific times, not to exceed a twenty four (24) hour period for each time, and shall include malt beverage permits, extended club hours, catering permits, and open container permits.
WHOLESALER: Any person, except the Wyoming Liquor Division, who sells any alcoholic or malt beverage to a retailer for resale.
WYOMING LIQUOR DIVISION: The Wyoming Liquor Division within the Department of Revenue. (Ord. 2017-008, 11-7-2017)