ORIGINAL SENATE ENGROSSED

FILE NO. 0006

ENROLLED ACT NO. 46, SENATE

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

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 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(e) are amended to read:

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;

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

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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.

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

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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.

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 W.S. 12-4-302 and 12-4-303 are repealed.

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

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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