For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC LIQUOR. Any spirituous or fermented fluid, substance, or compound, other than malt beverages, intended for beverage purposes which contains at least 0.5% of alcohol by volume. As used in this definition, BEVERAGE does not include liquid-filled candies containing less than 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 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:
(1) 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;
(2) 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 division (2), an
AMERICAN FRATERNAL ORGANIZATION means an organization actively operating in not less than 36 states or having been in active continuous existence for not less than 20 years, but does not mean a college fraternity;
(3) A hall or building association of a local unit specified in divisions (1) and (2) above, of which all of the capital stock is owned by the local unit, or its members, operating clubroom facilities for the local unit;
(4) A social
CLUB with more than 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 $25 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 State 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 State 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 Wyo. Stat. § 2-4-301 and the applicable section of this code, shall be in good standing by having paid at least one full year in dues; and
(5) 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 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:
(1) Retail liquor license;
(2) Limited retail liquor license;
(3) Resort liquor license;
(4) County retail malt beverage permit;
(5) Malt beverage permit;
(6) Restaurant liquor license;
(7) Catering permit; or
(8) Bar and grill liquor license.
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 0.5% of alcohol by volume.
MICROBREWERY. A commercial enterprise at a single location producing malt beverage in quantities not to exceed 50,000 barrels per year and no less than 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:
(1) Malt beverage permit;
(2) Extended hours permit; or
(3) 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 the state 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.
STATE LIQUOR DIVISION. The Wyoming Liquor Division within the Department of Revenue.
TEMPORARY LICENSES. Those liquor permits or licenses which are issued by the town for specific times, not to exceed a 24-hour period for each time and shall include malt beverage permits, extended club hours, and catering permits.
WHOLESALER. Any person, except the State Liquor Division, who sells any alcoholic or malt beverage to a retailer for resale.
WINERY. A commercial enterprise manufacturing wine at a single location in the state.
(Prior Code, § 4-1-1) (Ord. 381, passed 11-16-2017)