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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)
(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)
(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)
(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)
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
(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)
(A) Authority. A limited retail liquor license, also referred to as a special club license, is the authority under which bona fide clubs are permitted to sell alcoholic and malt beverages for consumption.
(B) Petition. The initial application for a limited retail license by a social club shall include a petition signed by not less than 51% of the current membership indicating a desire to secure a limited retail liquor license. The form of the petition shall be prescribed by the State Liquor Division under the Department of Revenue, and shall include the residence address of each member signing the petition.
(C) Restrictions. A club holding a limited retail liquor license shall not sell alcoholic or malt beverages for consumption anywhere except within the licensed premises and for consumption by its members and their accompanied guests only. It shall be the duty and obligation of the club to check and regulate sale to members and their accompanied guests to ensure that all alcoholic or malt beverages sold are consumed within the building, space, or premises.
(Prior Code, § 4-1B-2)
(A) Authority. A restaurant liquor license is the authority under which the sale for consumption of alcoholic and malt beverages is permitted for a RESTAURANT, as defined in § 4-1-1.
(B) Initial application. An initial applicant for a restaurant liquor license shall provide a statement, to the best of the applicant’s knowledge, that the primary source of revenue from the operation of the restaurant will be derived from the sale of food and not from the sale of alcoholic and malt beverages.
(C) License renewal. An applicant for the renewal of a restaurant liquor license shall provide as part of the application a statement that not less than 60% of the gross sales in the preceding 12 months’ operation of the licensed restaurant was derived from the sale of food services. Accompanying the application for renewal shall be a report of the annual gross sales from the preceding 12 months’ operation of the restaurant, separately reporting the gross sales figures of food service sales and alcoholic and malt beverage sales.
(D) License transfer. No restaurant liquor license shall be transferred to a different location. License ownership may be transferred to a purchaser or lessee of the licensed premises with the approval of the Council.
(E) Restrictions. Restaurant liquor licenses do not permit the sale of alcoholic or malt beverages off the licensed premises. Alcoholic and malt beverages shall be served for on premises consumption only and served only in dining areas which are adequately staffed and equipped for all food services offered by the restaurant. A restaurant liquor licensee may permit a patron to remove one unsealed bottle of wine for off-premises consumption; provided, that the patron has purchased a full course meal and consumed a portion of the bottle of wine with the meal on the restaurant premises. For purposes of this division (E), the term FULL COURSE MEAL shall mean a diversified selection of food which is ordinarily consumed with the use of tableware and cannot conveniently be consumed while standing or walking. A partially consumed bottle of wine that is to be removed from the premises pursuant to this division (E) shall be securely sealed by the licensee or an agent of the licensee and placed in a tamper-proof transparent bag which shall also be securely sealed prior to removal from the premises, so that it is visibly apparent that the resealed bottle of wine has not been tampered with. The licensee or agent of the licensee shall provide a dated receipt for the bottle of wine to the patron. Wine which is resealed in accordance with the provisions of this division (E) shall not be deemed an open container for purposes of Wyo. Stat. § 31-5-235.
(F) Service area minors restricted. Alcoholic and malt beverages shall be dispensed and prepared for consumption in one room upon the licensed premises separated from the dining area in which alcoholic and malt beverages may be served. No consumption of alcoholic or malt beverages shall be permitted within the dispensing room, nor shall any person other than employees over the age of 18 years be permitted to enter the dispensing room.
(G) Food sales required. All sales of alcoholic and malt beverages authorized by a restaurant liquor license shall cease at the time food sales and services cease or at the time specified in this chapter if food sales and service extends beyond that time.
(H) Limited activities. No restaurant licensee shall promote the restaurant as a bar and lounge, nor shall the licensee compete with a retail liquor license in activities other than dinner functions, including but not limited to dances, receptions, and other social gatherings.
(Prior Code, § 4-1B-3) (Ord. 381, passed 11-16-2017) Penalty, see § 1-4-1
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