SF0006 - Liquor law amendments.

 

2001

State of Wyoming

01LSO-0138.E1

ENGROSSED

 

 

 

SENATE FILE NO.  SF0006

 

 

Liquor law amendments.

 

Sponsored by:

 

 

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:

 

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 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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