A. Liquor License Holder Standards:
1. Standards: All establishments, by and through their agents, operating by virtue of a liquor license, are expected to meet the following standards:
a. Refuse To Serve: Refuse to serve any patron who is obviously intoxicated or is endangering people or property within or upon the property of the licensed establishment;
b. Safe Transportation: Assist in arranging safe transportation for any person who is obviously intoxicated;
c. Notify Sheriff's Department: Notify the Campbell County sheriff's department by telephone immediately when an assault, battery or aggravated assault occurs in or on the property of the establishment or when a person is endangering people or property within or upon establishment property;
d. Cooperate With Sheriff's Department: Cooperate fully with the Campbell County sheriff's department in regard to the investigation of any possible criminal activity occurring within or upon establishment property.
2. Liquor License Holder Sanctions: If, within twelve (12) months, two (2) separate violations of any liquor control ordinance or similar state statute that lead to conviction have occurred within or at a licensed establishment, the town shall recommend to the state liquor commission that it suspend the establishment's liquor license for ten (10) days. Following a third conviction within twelve (12) months, the town shall recommend to the commission a thirty (30) day suspension. A fourth violation resulting in conviction shall result in the town recommending the commission revoke the establishment's license. (Ord. 2005-10, 8-22-2005)
B. Intoxication And Open Containers:
1. No person shall be under the influence of any alcoholic beverage in any vehicle or at any public place, or within view of any public place within the town, to the extent that the person is a danger to himself or herself, or to any other person, or a danger to any property, or to the extent that he or she disturbs any occupant or occupants of the town.
2. Except as authorized by subsection B3 of this section, no person shall consume, nor carry in an open container, nor possess in an open container, an alcoholic beverage in any public place within the town.
3. A person may consume, or carry in an open container, or possess in an open container, an alcoholic beverage under any of the following circumstances:
a. Upon Hay Creek golf course when purchased at the golf course from the course vendor.
b. Within the passenger compartment of a commercial limousine, which is a passenger car pursuant to Wyoming Statutes section 31-1-101, and which has a closed passenger compartment capable of seating three (3) or more passengers which is separated from the driver's seat area with a partition, which may be of glass, and provided that no fee may be charged for any alcoholic liquor or malt beverage consumed or possessed in the limousine.
c. Within the licensed premises, as identified and described on the face of the liquor license, of any business or club which is properly licensed pursuant to Wyoming state law for the sale of alcoholic liquor or malt beverages for on site consumption, together with any meeting room or restaurant which is located within the same building, and which is also immediately adjacent to the licensed premises, together with any other area which has been specifically approved by the town as part of the liquor license. Provided, however, that under no circumstances may an open container be carried or otherwise possessed by a person who is present in any hallway which serves or connects to any business or room which is not immediately adjacent to the licensed premises.
d. When in compliance with a valid permit issued in accordance with subsection D of this section.
4. For purposes of this section, the following definitions shall apply:
ALCOHOLIC BEVERAGE: Also means and includes any "intoxicating liquor", "alcoholic liquor", "spirituous liquor", and/or "malt beverage".
OPEN CONTAINER: Any container other than the original unopened package or container, the seal of which has not been broken and from which the original cap, cork or other means of closure has not been removed. Notwithstanding this definition, a resealed bottle of wine may be transported or possessed as provided in section 12-4-410(e) of the Wyoming Statutes.
PUBLIC PLACE: Any place to which the general public has access, including, but not limited to, a public street, highway, road, thoroughfare, sidewalk, walking path, bridge, alley, plaza, park, recreation area, public building, any place of business or assembly which is open to or frequented by members of the public, and any other place to which the general public has access, including, but not limited to, a shopping area, shopping mall, retail store, grocery store, convenience store, public transportation facility, vehicle used for public transportation, parking lot, public library or any other public building, structure or area. "Public place" also includes being inside or outside of any vehicle which is located upon or being operated upon any public place defined above. However, for purposes of this section, "public place" does not include a place of religious worship or assembly of a bona fide religious organization when the consumption of wine is part of the tenets of the faith of such religious organization, and further provided that wine is the only alcoholic beverage being consumed or possessed in an open container at such location.
C. Penalties: Violation of subsection B of this section is a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00). (Ord. 2008-3, 6-9-2008)
D. Permits:
1. The town clerk, upon receipt of a completed application, may issue a permit allowing consumption of alcohol and the carrying of open containers in a public park upon the conditions in this paragraph. A permit may be issued for a specific location/park, and only for specified times between the hours of six o'clock (6:00) A.M., and two o'clock (2:00) A.M., not to exceed a period of twelve (12) hours. All persons involved must vacate the location/park before two thirty o'clock (2:30) A.M.
2. Permits shall normally be issued for a period of not more than twelve (12) hours. However, an applicant may apply for a permit which exceeds the normal twelve (12) hour period, pursuant to this paragraph. Such applications shall be made to the town council, and may be for an extended duration of up to not more than a total period of twenty four (24) hours. Any such application for more than twelve (12) hours must be made at least three (3) weeks prior to the date being requested for the permit, and must provide a specific and detailed explanation regarding why the extended period is being requested, and the number of additional hours being requested, up to a total of not more than twelve (12) total additional hours. The application for the extended period will then be considered by the town council in a regular public meeting of the town council, and the council may grant such additional period of time as the council determines, not to exceed twelve (12) additional hours, and upon such terms and conditions as the council determines to be in the best interest of the town. No permit shall be for more than twelve (12) additional hours, for a total permitted period of not more than a total of twenty four (24) hours.
3. The person(s) or group(s) requesting any permit pursuant to this section shall pay a nonrefundable fee of ten dollars ($10.00) and a damage deposit of fifty dollars ($50.00); the damage deposit being returned if there are no damages to the location/park resulting from the event.
4. A responsible person, individually, or acting as an agent for a group, shall sign a liability release and indemnification agreement in favor of the Town; this person shall also sign a document accepting personal responsibility for any and all damages caused by any person attending the function for which the permit is issued. (Ord. 2010-02, 3-22-2010)