For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section:
ALCOHOLIC LIQUOR: Any spirituous or fermented fluid, substance or compound, other than malt beverages, intended for beverage purposes which contains at least one-half of one percent (0.5%) of alcohol by volume. As used in this definition, beverage does not include liquid filled candies containing less than six and one-fourth 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.
BREWERY: A commercial enterprise at a single location producing malt beverage in quantities more than fifty thousand (50,000) barrels per year.
BUILDING: A roofed and walled structure built or set in place for permanent use and any immediately adjacent fenced or enclosed area as approved by the licensing authority.
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 State.
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 State. As used in this subsection, 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 social club with more than one hundred (100) bona fide members who are residents of the county in which it is located, 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 licensing authority and the Wyoming Liquor Division, a true copy of its bylaws and shall further, upon applying for a renewal of its license, file with the licensing authority and the Wyoming Liquor Division a detailed statement of its activities during the preceding year which were undertaken and further 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 a limited retail liquor license pursuant to Wyoming Statutes section 12-4-301 and the applicable section of this Code, shall be in good standing by having paid at least one full year in dues.
E. "Club" does not mean college fraternities or labor unions.
INDUSTRY REPRESENTATIVE: Means and includes 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 of 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. Resort liquor license;
D. County retail malt beverage permit;
E. Malt beverage permit;
F. Restaurant liquor license;
G. Catering permit; or
H. Bar and grill liquor license.
MALT BEVERAGE: Means 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.
MICROBREWERY: A commercial enterprise at a single location producing malt beverage in quantities not to exceed fifty thousand (50,000) barrels per year and no less than one hundred (100) barrels per year.
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.
PERMITTEE: 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.
PERSON: Includes 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: 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 purposes of this chapter.
ROOM: An enclosed and partitioned space within a building large enough for a person to enter but not a cabinet. Partitions may contain windows and doorways, but any partition shall extend from floor to ceiling.
SELL OR SALE: Includes 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 an 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, and catering permits.
WHOLESALER: Any person, except the Wyoming Liquor Division, who sells any alcoholic or malt beverage to a retailer for resale.
WINERY: Means a commercial enterprise manufacturing wine at a single location in Wyoming.
WYOMING LIQUOR DIVISION: The Wyoming Liquor Division within the Department of Revenue. (Ord. 381, 11-16-2017)