GENERAL PROVISIONS

§ 4-1-1 DEFINITIONS.

   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)

§ 4-1-2 COMPLIANCE REQUIRED.

   For the protection of the health, safety, and welfare of the residents and citizens of the town, it is hereby declared to be in the best interest of the town and the residents and citizens thereof, that the sale, distribution, possession, and traffic of alcoholic liquor and malt beverage shall be regulated to the extent that all such activity be, and the same hereby is, prohibited, except as provided in this chapter, and that no sale at retail or possession of such substances shall occur within the jurisdictional limits of the town except as authorized in this chapter, adopted under the authority of Wyo. Stat. §§ 16-3-101 et seq., Wyo. Stat. §§ 12-4-101(a), 12-4-201(e), 12-4-201(h), 12-4-301(a), 12-4-405, 12-4-407(a), 12-4-410, 12-4-411, 12-4-412(b)(viii), 12-4-413(d), 12-4-502(e), 12-4-504(a), 12-4-601(a) and (b), 12-5-101(d), 12-5-201(a) and (e), and 12-5-201(k).

(Prior Code, § 4-1-2) (Ord. 381, passed 11-16-2017)

LICENSE APPLICATION

§ 4-1A-1 APPLICATION FOR ANNUAL LICENSE.

   (A)   Filing of application. Any person desiring an annual license as authorized by this chapter shall make application to the town by delivering to the Town Clerk-Treasurer, on the form prepared by the State Attorney General and provided to the applicant at no charge by the Clerk-Treasurer, a completed, verified and signed form, in duplicate. Renewal of an annual license, application for transfer of ownership, and transfer of location shall be made upon the same form and in the same manner.

   (B)   Notice of application; form. Upon receipt of a properly completed application for an annual license, or renewal thereof, the Town Clerk-Treasurer shall promptly prepare a notice of application, place a copy of the notice at a conspicuous place at the location shown in the application and publish the notice in a newspaper of local circulation once a week for four consecutive weeks. The notice shall state that a named applicant has applied for a license, renewal, or transfer thereof, and that protests against the issuance, renewal, or transfer of the license will be heard at a designated meeting of the town. Notices will meet the requirements of this section if they are in substantially the following form:

 

NOTICE OF APPLICATION FOR A ______________   Notice is hereby given that on the___day of 20__, (Name of applicant) filed an application for a ___________ license in the office of the Clerk-Treasurer of the Town of Sinclair for the following described place (and room): (Insert description) Protests, if any there be, against the (issuance, transfer, or renewal) of the license will be heard at the hour of ______ .m., on the ______ day of __________, 20____ in the (designated meeting place).   Dated __________ Signed ______________ Town Clerk-Treasurer

 

(Prior Code, § 4-1A-1)

§ 4-1A-2 GROUNDS FOR DENIAL OF ANNUAL LICENSE.

   (A)   Any annual license authorized under this chapter shall not be issued, renewed, or transferred until on or after the date is set in the notice for hearing protests.

   (B)   If a renewal or transfer hearing, the hearing shall be held not later than 30 days preceding the expiration date of the annual license.

   (C)   An annual license shall not be issued, renewed, or transferred if the town finds from evidence presented at the hearing:

      (1)   The welfare of the people residing in the vicinity of the proposed annual licensed premises shall be adversely and seriously affected;

      (2)   The purpose of this chapter will not be carried out by the issuance, renewal, or transfer of the annual license;

      (3)   The number, type, and location of existing annual licenses meet the needs of the vicinity under consideration;

      (4)   The desires of the residents of the town will not be met and satisfied by the issuance, renewal, or transfer of the annual license; or

      (5)   Any other reasonable restrictions or standards which may be imposed by the town shall not be carried out by the issuance, renewal, or transfer of the annual license.

(Prior Code, § 4-1A-2)

§ 4-1A-3 RENEWAL OF ANNUAL LICENSE.

   The owner or holder of an expired annual license, or one due for expiration, has a preference right to a new license for the same location. After the required notice and public hearing, each application claiming renewal preference shall be promptly considered and acted upon by the Council.

(Prior Code, § 4-1A-3)

§ 4-1A-4 TRANSFER OF ANNUAL LICENSE.

   (A)   Hearing and Council approval. After public hearing and with the approval of the Council, an annual license may be transferred to or renewed on different premises on the same basis as the original application, except that no additional annual license fee is required during the term of the annual license. A transferred annual license shall expire on the same date as the original annual license.

   (B)   Transfer of license by licensee. 

      (1)   The owner of an annual license, or the executor or administrator of the estate of a deceased annual licensee, may, if proceedings are not pending to suspend, revoke, or otherwise penalize the original annual license holder, assign and transfer the annual license by a sale or transfer made in good faith.

      (2)   A transfer of the annual license shall not require the payment of an additional license fee and upon assignment, following proper application by the proposed licensee and approval of the transfer by the Council, the assignee may exercise the privilege of continuing the business authorized by the annual license.

(Prior Code, § 4-1A-4)

§ 4-1A-5 TERM OF ANNUAL LICENSE.

   (A)   Expiration date. Annual licenses shall be valid for a period of not more than one year, and shall be a personal privilege of the licensee. Annual licenses shall be renewed prior to the expiration date in accordance with the schedule established by the Clerk-Treasurer and sent to the licensees.

   (B)   Deceased licensees. The executor or administrator of the estate of deceased licensee, when the estate consists in whole or in part of a business of selling alcoholic or malt beverages under annual license may exercise the privilege of the deceased licensee under the license until the date of expiration of the license.

(Prior Code, § 4-1A-5)

§ 4-1A-6 APPLICATION FOR TEMPORARY LICENSE.

   (A)   Filing of application; issuance.

      (1)   Application for any temporary license issued under this chapter shall be made on the form for such provided by the Clerk-Treasurer, which shall contain directions to the prospective licensee to complete the application and return such to the Clerk-Treasurer’s office.

      (2)   The Clerk-Treasurer shall then notify the Police Department of the issuance of the license. The Clerk-Treasurer shall issue the requested license in those cases authorized by this chapter, or where reason for denial is determined by the Clerk-Treasurer, deny the issuance of the license.

      (3)   In those instances where consent of the Council is required, or where the Clerk-Treasurer has refused to issue the requested license and the applicant has requested an appearance before the Council, the Clerk-Treasurer shall request that the application be placed upon the agenda for Council determination.

   (B)   Additional duties of Clerk-Treasurer. Upon receipt of a completed application containing approval of such from the various town departments which have been designated as potentially affected by the issuance of the requested license, the Clerk-Treasurer shall perform one of the following acts.

      (1)   In the event that the applicant has not requested a street closure, and has requested one or more temporary licenses, none of which require Council action pursuant to this chapter, the Clerk-Treasurer shall issue the requested license, together with a set of instructions and restrictions on the use of the license.

      (2)   In the event that the applicant has requested a street closure, or if the applicant has requested some other temporary license which requires Council approval before such is issued, or if the Clerk-Treasurer has refused to issue a requested temporary license and the applicant has requested in writing that the application be reviewed by the Council, the Clerk-Treasurer shall take the application and request that such be placed upon the Council agenda for future action.

(Prior Code, § 4-1A-6)

§ 4-1A-7 DENIAL OF TEMPORARY LICENSE.

   A temporary license shall be denied by the Clerk-Treasurer and referred to the Council for action if one or more of the following facts or circumstances are found to exist.

   (A)   The application is for a location within the town that is not located in a park or other location that has been designated for the use of malt beverages.

   (B)   The application is for use of an outside location in or near a residential area and is requesting a use later than 10:00 p.m.

   (C)   The circumstances given to the Clerk-Treasurer are such as to indicate a significant problem for the residents in the area, or an adjacent area, which problems may include traffic, noise, light, odor, or other significant annoyances.

   (D)   The town has received complaints about previous licenses for substantially the same circumstances as are present in the current application.

(Prior Code, § 4-1A-7)

ANNUAL LICENSES

§ 4-1B-1 RETAIL LIQUOR LICENSE.

   (A)   Authority. A retail liquor license is the authority under which a licensee is permitted to sell alcoholic and malt beverages for use or consumption, but not for resale.

   (B)   Restrictions on minors. 

      (1)   Except as provided otherwise by law, no licensee or agent, employee, or server thereof shall permit any person under the age of 21 years of age to enter or remain in the licensed building where alcoholic or malt beverages are being dispensed in an establishment that is primarily intended for on premises consumption of alcoholic and/or malt beverages unless:

         (a)   The establishment operates a restaurant with a commercial kitchen 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;

         (b)   The establishment, other than a restaurant, operates a commercial kitchen in which case persons under the age of 21 years of age may enter and remain in a dining room or waiting area when accompanied by a parent, spouse, or legal guardian over the age of 21 years of age in the licensed building but not later than 10:00 p.m. or one hour after the kitchen closes, whichever is earlier; or

         (c)   The establishment is specifically approved by the Town Council to allow minors.

      (2)   Establishments specifically approved by these rules include bowling alleys, hotels, theaters, civic/event centers, family entertainment centers; however, such establishments shall have a separate designated service area.

      (3)   Establishments that operate primarily for off premises sales; including but not limited to retail liquor stores, grocery stores, and convenience stores; shall maintain a separate area for the sale of alcoholic or malt beverages and the licensee shall not allow individuals under 21 years of age to enter or remain in the area without being accompanied by a parent, spouse, or legal guardian 21 years of age or older.

      (4)   Limited retail licenses for bona fide clubs and malt beverage and catering permittees are exempt from the age restrictions in this section.

   (C)   License transfer. After public hearing and with the approval of the Town Council, a license or permit may be transferred to or renewed on different premises on the same basis as the original application. An additional license fee of not more than $100 is required for the remaining term of the license or permit. A transferred license or permit shall expire on the same date as the original license or permit.

(Prior Code, § 4-1B-1) (Ord. 381, passed 11-16-2017)