SF0006 - Liquor law amendments.
2001 |
State of Wyoming |
01LSO-0138.E1 ENGROSSED |
SENATE FILE NO. SF0006
Liquor law amendments.
Sponsored by: Joint Revenue Interim Committee
A BILL
for
1 AN ACT relating to
alcoholic beverages; providing
2
amendments to the alcoholic beverage laws as specified;
3
providing for the sale of merchandise in the licensed room
4
as specified; clarifying the prohibition of consumption of
5
alcohol by under-age persons; clarifying identification
6
card issuance; clarifying definitions; repealing provisions
7
regarding bottle clubs; and providing for an effective
8
date.
9
10 Be It Enacted by the Legislature of the State of Wyoming:
11
12 Section 1. W.S. 12-1-101(a)(xii), 12-5-201(a) and
13 12-6-101(b)(intro), (ii) and (e) are
amended to read:
14
15 12-1-101. Definitions.
16
17 (a) As used in this title:
Page 1
1
2 (xii) "Person"
includes an individual person,
3
partnership, corporation, limited liability company or any
4 other association or entity, public or private;
5
6 12-5-201. Location, regulation and
restrictions as to
7 place
of sale; inspections; additional dispensing rooms.
8
9 (a) The
principal place in which alcoholic liquor and
10 malt beverages are sold under a
license shall be located in
11 one (1) room upon the premises for
which the license is
12 issued and as approved by the
licensing authority. Upon
13 payment of an additional license fee
equal to two-thirds
14 (2/3) of the fee paid for the
original license, a licensee
15 may have and maintain one (1)
additional dispensing room in
16 the same building under the
authority of the original
17 license. Alcoholic beverages secured
in the licensed room
18 by a server may be served only in
the building in which the
19 licensed room is located and in an
immediately adjacent
20 fenced or enclosed area as approved
by the local licensing
21 authority. This area shall not be in another building and
22 shall be located on the licensed
premises. Only alcoholic
23 and malt beverages, nonalcoholic
beverages, food, tobacco
24 and national
alcoholic liquor and malt beverage promotional
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1 sales
items sold to the licensee bearing the name and
2
trademark of the national alcoholic
liquor and malt
3
beverage firm or company whose product the item is
4
advertising, may be sold and served in the licensed room.
5
The licensing authority shall, as often as necessary,
6
inspect the licensed room and adjoining rooms where
7
alcoholic beverages are served to insure that the licensee
8
is in compliance with sanitation and fire hazard
9
requirements and other applicable laws. A licensee may
10 separate the facility for the sale
of alcoholic liquor and
11 malt beverages for off-premise
consumption from the
12 facility used to serve customers for
on-premise consumption
13 without payment of an additional
fee. A separated facility
14 for making sales for off-premise
consumption shall be
15 located adjoining the facility for
making sales for on-
16 premise consumption. The two (2)
facilities may be
17 separated by a glass or other
suitable partition.
18
19 12-6-101. Sale or possession
prohibited; when
20 possession unlawful; public drunkenness;
falsification of
21 identification; penalty; prima facie identification as
22 defense.
23
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1 (b) Any person
under the age of twenty-one (21) years
2
who has any alcoholic or malt beverage in his possession or
3
who consumes the beverage or is
drunk or under the
4
influence of alcoholic liquor, malt beverages or a
5
controlled substance on any street or highway or in any
6
public place is guilty of a misdemeanor. This subsection
7
does not apply to possession of alcoholic or malt beverages
8
by a person under the age of twenty-one (21) years:
9
10 (ii) Who is in
the physical presence of his
11 parent or legal guardian, nor does this subsection apply to
12 consumption of alcoholic or malt beverages by a person
13 under the age of twenty-one (21) who is in the physical
14 presence of his parent or legal guardian;
15
16 (e) A motor
vehicle driver's license, a registration
17 certificate issued under the Federal
Military Selective
18 Service Act, an identification card
issued to a member of
19 the armed forces, an internationally
accepted passport
20 document with a discernible date of
birth and photograph or
21 an identification card issued by the
department of revenue 22 transportation is prima facie evidence of the age
and
23 identity of a person. Proof that a
licensee or his employee
24 or agent demanded, was shown and
acted in reasonable
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1 reliance
upon the information contained in any one (1) of
2
the above documents as identification is a defense to any
3
criminal prosecution or action for the suspension or
4
revocation of a license.
5
6 Section 2. W.S. 12-4-302 and 12-4-303 are repealed.
7
8 Section 3. This act is effective July 1, 2001.
9
10 (END)
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