A. Accurate information Required; Penalty: All applicants for any annual liquor license or liquor permit shall provide accurate information in conjunction with each application. Providing false information is declared to be a violation of law and may result in penalties for the offending licensee pursuant to section 3-2-16 of this chapter.
B. Compliance With Statute: Applicants must comply with all provisions of Wyoming Statutes section 12-4-102, 12-4-103, 12-4-104, 12-4-105 and 12-4-106, as amended.
C. Information Required: Applicants for a new retail, limited retail, restaurant, bar and grill, or resort licenses, or for a new microbrewery or winery permit, or for the transfer of location of an existing license, with the exception of a bar and grill license, which pursuant to Wyoming Statutes section 12-4-413 may not be transferred, or a restaurant license, which pursuant to Wyoming Statutes section 12-4-409 may not be transferred to another location, shall provide the Town Council, as part of the application, the following information:
1. A map of the Town showing the proposed location and zoning of location, a site plan of the proposed construction, a proposed floor plan and a rendering or architect’s drawing of the front elevation, or if the building in which the licensed room is located is in existence, a photograph of the building, an existing and proposed site plan, and an existing and proposed floor plan.
2. Each individual who owns ten percent (10%) or more of the licensed premises/license shall provide, at the individual’s expense, a current copy of a criminal background report as maintained by the Wyoming Bureau of Investigation. The Town Council may consider the existence of felony convictions when determining whether to issue a license, but is not required to deny a license in such case.
D. Transferability:
1. When Permitted:
a. A person seeking to transfer a liquor license shall submit a new application form and shall pay to the Town Clerk at the time the application is filed a nonrefundable additional license fee of one hundred dollars ($100.00). After a public hearing and with the approval of the Town Council, a liquor license may be transferred to a different premises, a different licensee, or both. A transferred license shall expire on the same date as the original license.
b. No license transfer shall be approved if the license is suspended, or if proceedings to suspend or revoke the license are pending.
c. No license may be transferred unless the Town Council makes the findings required herein and in Wyoming Statutes title 12.
d. The Town does not recognize any preference rights applicable to a transfer of location, ownership, or both.
2. Unauthorized Transfer: Any transfer or sale of license not authorized by Town Council or contrary to the Town Code is declared to be in violation of law which may result in penalties issued to the offending licensee pursuant to section 3-2-16 of this chapter.
E. Ownership Requirements: No person or entity may hold a license hereunder in the interest of or for the benefit of another person or entity, and the person or entity applying for the license must intend to be the true and beneficial owner thereof and may not be acting for or on behalf of another undisclosed person or entity. This provision is to be construed liberally so as to prevent evasions and subterfuges of the intent of this chapter. The lawful ownership of a liquor license at the time of enactment of this provision may be continued even though the ownership does not conform to the requirements of this subsection.
F. Commercial Lending Institutions: The Town Council may in its discretion permit a commercial lending institution to have rights in more than one liquor license if those rights were obtained pursuant to the Uniform Commercial Code and the institution holds the licenses for resale. No such institution may sell alcoholic beverages under a license so held.
(Ord. 319, 8-18-2016)