SF0006 - Liquor law amendments.
2001 |
State of Wyoming |
01LSO-0138 |
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) 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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(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
(e) A motor vehicle driver's license, a registration
11 certificate issued under the Federal Military
Selective
12 Service Act, an identification card issued to a
member of
13 the armed forces, an internationally accepted
passport
14 document with a discernible date of birth and
photograph or
15 an identification card issued by the department of revenue 16 transportation
is prima facie evidence of the age and
17 identity of a person. Proof that a licensee or his
employee
18 or agent demanded, was shown and acted in reasonable
19 reliance upon the information contained in any one
(1) of
20 the above documents as identification is a defense to
any
21 criminal prosecution or action for the suspension or
22 revocation of a license.
23
24 Section 2. W.S. 12-4-302 and 12-4-303 are repealed.
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2 Section 3. This act is effective July 1, 2001.
3
4 (END)
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