HOUSE BILL NO.         

Liquor law amendments.

Sponsored by:  Joint Revenue Interim Committee

A BILL

for

AN ACT relating to alcoholic beverages; providing amendments to the alcoholic beverage laws as specified; providing for the sale of merchandise in the licensed room as specified; clarifying the prohibition of consumption of alcohol by under-age persons; clarifying identification card issuance; clarifying definitions; repealing provisions regarding bottle clubs; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 12-1-101(a)(xii), 12-5-201(a) and 12-6-101(b)(intro) and (e) are amended to read:

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Issue #5.  Includes all associations in the definition of "person" to permit limited partnerships, etc. to apply for a liquor license.

12-1-101.  Definitions.

(a)  As used in this title:

(xii)  "Person" includes an individual person, partnership, corporation, limited liability company or any other association or entity, public or private;

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Issue #4.  Removes the word "national" so that local pubs and breweries can sell their own promotional items in the licensed room.

12-5-201.  Location, regulation and restrictions as to place of sale; inspections; additional dispensing rooms.

(a)  The principal place in which alcoholic liquor and malt beverages are sold under a license shall be located in one (1) room upon the premises for which the license is issued and as approved by the licensing authority. Upon payment of an additional license fee equal to two-thirds (2/3) of the fee paid for the original license, a licensee may have and maintain one (1) additional dispensing room in the same building under the authority of the original license. Alcoholic beverages secured in the licensed room by a server may be served only in the building in which the licensed room is located and in an immediately adjacent fenced or enclosed area as approved by the local licensing authority.  This area shall not be in another building and shall be located on the licensed premises.  Only alcoholic and malt beverages, nonalcoholic beverages, food, tobacco and national alcoholic liquor and malt beverage promotional sales items sold to the licensee bearing the name and trademark of the national alcoholic liquor and malt beverage firm or company whose product the item is advertising, may be sold and served in the licensed room. The licensing authority shall, as often as necessary, inspect the licensed room and adjoining rooms where alcoholic beverages are served to insure that the licensee is in compliance with sanitation and fire hazard requirements and other applicable laws. A licensee may separate the facility for the sale of alcoholic liquor and malt beverages for off-premise consumption from the facility used to serve customers for on-premise consumption without payment of an additional fee. A separated facility for making sales for off-premise consumption shall be located adjoining the facility for making sales for on-premise consumption. The two (2) facilities may be separated by a glass or other suitable partition.

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Issues #2.  Clarifies that the consumption of alcohol by a person under 21 is also prohibited.

12-6-101.  Sale or possession prohibited; when possession unlawful; public drunkenness; falsification of identification; penalty; prima facie identification as defense.

(b)  Any person under the age of twenty-one (21) years who has any alcoholic or malt beverage in his possession or who consumes or is drunk or under the influence of alcoholic liquor, malt beverages or a controlled substance on any street or highway or in any public place is guilty of a misdemeanor. This subsection does not apply to possession of alcoholic or malt beverages by a person under the age of twenty-one (21) years:

(i)  When making a delivery of alcoholic or malt beverages pursuant to his employment;

(ii)  Who is in the physical presence of his parent or legal guardian;

(iii)  Repealed By Laws 1996, ch. 122, § 3.

(iv)  Who is a licensee under this title; or

(v)  When serving alcoholic or malt beverages pursuant to his employment in a restaurant which holds a license to serve alcoholic or malt beverages, if the person is at least eighteen (18) years of age.

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Issue #6.  Clarifies that the identification card is issued by the department of transportation, not the department of revenue.

12-6-101.  Sale or possession prohibited; when possession unlawful; public drunkenness; falsification of identification; penalty; prima facie identification as defense.

(e)  A motor vehicle driver's license, a registration certificate issued under the Federal Military Selective Service Act, an identification card issued to a member of the armed forces, an internationally accepted passport document with a discernible date of birth and photograph or an identification card issued by the department of revenue transportation is prima facie evidence of the age and identity of a person. Proof that a licensee or his employee or agent demanded, was shown and acted in reasonable reliance upon the information contained in any one (1) of the above documents as identification is a defense to any criminal prosecution or action for the suspension or revocation of a license.

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Issues #3.  Repeals all provisions regarding bottle clubs.

Section 2.  W.S. 12-4-302 through 12-4-303 are repealed.

Section 3.  This act is effective July 1, 2001.

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