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Article
10-1 LIQUOR LICENSE
10-101 Definition
of Words.
In the interpretation of this Ordinance, unless the context indicates a
different meaning, the words:
"alcoholic
liquor," "malt beverage," "intoxicating liquor,"
"retail liquor license," "limited retail liquor license,"
"club," "drug store," "person,"
"retailer," "sell," and "sale,"
shall be construed as defined by the laws of the
State of Wyoming.
(Ord. No. 26-1, Rev. Ord. 1938; Rev. Ord. 1963).
10-102 License Necessary.
It shall be unlawful for any person or persons in the City of Rock
Springs to vend, sell, barter or dispose of for pecuniary benefit or
advantage, either directly or indirectly, in person or by agent or employee,
at retail, any spirituous or intoxicating liquors without first having
obtained a retail liquor license; provided, however, that this Ordinance does
not apply to drug stores selling liquors, under special permit issued by the
Wyoming Liquor Commission, for the purpose of filling bona fide prescriptions
written by duly licensed physicians, surgeons and dentists. (Ord. No. 26-1,
Rev. Ord. 1938; Rev. Ord. 1963).
10-103 License Necessary for Clubs.
It shall be unlawful for any club in the City of Rock Springs to vend, sell, barter, or
dispose of for pecuniary benefit or advantage, either directly or indirectly,
at retail, any spirituous or intoxicating liquors without first having
obtained a limited retail liquor license. (Ord. No. 26-3, Rev. Ord. 1938;
Rev. Ord. 1963).
10-104 Application to Be in Writing.
Any person, persons or club desiring to obtain a license to vend, sell,
barter or dispose of for any purpose, or in any way, at retail, any
spirituous or intoxicating liquors, shall before vending, selling, bartering
or disposing of such liquor or liquors make written application for said
license to the Mayor and City Council upon forms, and in the manner provided
by the laws of the State of Wyoming. (Ord. No. 26-4, Rev. Ord. 1938; Rev.
Ord. 1963).
10-105 License Fees--Hours of
Operation--Renewal Date.
No person, persons or club shall vend, sell, barter or dispose of any
spirituous and intoxicating liquors in the City of Rock Springs, without first having paid to
the City a license fee and having obtained a license therefore which said fee
shall be as follows, vis:
(a) Retail Fee. Every person licensed under a Retail Liquor License, by
the provisions of this Ordinance, shall pay annually in advance the sum of
One Thousand ($1000.00) Dollars.
(b) Club Fee and Hours of Operation. Every club licensed under a
Limited Retail Liquor License, by the provisions of this Ordinance, shall pay
annually in advance the sum of One Hundred ($100.00) Dollars. Club licensees
shall close the licensed premises from 2 A.M. to 6 A.M. each day from and
after January 1, 1980, and may be opened for businesses otherwise seven (7)
days a week.
(c) Resort Retail Liquor Licenses. Every Resort Licensee licensed under
a Resort Retail Liquor License by the provisions of this Ordinance and
otherwise meeting those qualifications prescribed in Wyoming Statutes
§12-4-401 (b) 1977, as amended, shall pay annually in advance the sum of One
Thousand ($1000.00) Dollars and shall be otherwise regulated in accordance
with State Law Requirements as to Resort Retail Liquor Licenses and not be
open for business except during the same hours allowed by the City to the
holders of Retail Liquor Licenses.
(d) Liquor License Fees. All Liquor License Fees may be prorated with
the annual renewal date of all licenses falling on April 1st of each year
commencing with the year 1980.
(e) Twenty-four Hour Malt Beverage Permits. Malt beverage permits
authorizing the sale of malt beverages only may be issued by the City to any
responsible person or organization for sales at a picnic, bazaar, fair,
rodeo, special holiday or similar public gathering. No person or organization
holding the special permit shall sell any alcoholic liquor other than malt
beverages on the premises described on the permit, nor shall any malt
beverage be sold or consumed off the premises authorized by the permit.
(f) Catering Permits. Catering permits authorizing the sale of
alcoholic and malt beverages may be issued by the City to any person holding
a retail liquor license authorizing the off-premises sale of both alcoholic
and malt beverages, for sales at meetings, conventions, private parties and
dinners or at other similar gatherings not capable of being held within the
licensee's licensed premises. No licensee holding a catering permit shall
sell or permit consumption of any alcoholic or malt beverage off the premises
described in the permit.
(g) Additional Dispensing Room Permit. A permit for operating one
additional dispensing room in the same building licensed by the original
license may be issued to a licensee upon application. All permits for
additional dispensing rooms will be subject to the restrictions in subsection
(h).
(h) Restrictions. The permits authorized by Subparagraphs (e) and (f)
and (g) shall be issued for one (1) twenty-four (24) hour period, subject to
the schedule of operating hours provided by W.S. 12-5-101, and shall not
authorize sales or consumption on the premises described for more than six
(6) twenty-four (24) hour periods in any one (1) year by the same permittee.
(i) Application Procedure. The malt beverage permit, catering
permit and additional dispensing room permit shall be issued on application
to the City without public notice or hearing. Any applicant applying for a
permit authorized by this section and having licensed premises located within
a jurisdiction other than that jurisdiction to which application is made,
shall secure the written approval of the licensing authority of that
jurisdiction in which the licensed premises are located prior to filing an
application for a permit.
(j) Fees. The fee for the malt beverage permit and the catering
permit and additional dispensing room permit shall be Fifty ($50.00) Dollars
per twenty-four (24) hour period, payable to the City. (Ord. No. 26-5, Rev.
Ord. 1938; Ord. 826; Amend. Ord. 843, 12-26-44; Rev. Ord. 1963; Ord. No.
79-27, 9-4-79, Rev. Ord. 1979; Ord. No. 88-02, 3-1-88; Rev. Ord. 00-25,
01/16/01, Ord. No. 2007-13, 07/19/07).
10-106
Revocation of
License.
Any license granted under this Ordinance may be revoked and cancelled by the
City Council, upon three days' notice in writing to the licensee, upon
hearing, when it shall appear to their satisfaction that the party licensed
shall have violated any of the provisions of this Ordinance or the State Laws
regulating the sale of intoxicating liquor. (Ord. No. 26-6, Rev. Ord. 1938;
Rev. Ord. 1963).
10-107 Penalty for Sale
of Liquors Without License or Permit.
It shall be unlawful for any person or persons to sell intoxicating liquors
within the corporate limits of this City, without first having obtained a
license or permit as provided herein. Any person violating any of the
provisions of this section, upon conviction thereof, shall be fined in any
sum not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00)
Dollars for each offense. (Ord. No. 26-10, Rev. Ord. 1938; Rev. Ord. 1963,
Ord. No. 79-27, 9-4-79, Rev. Ord. 1979).
10-108 Microbrewery and/or Winery Permits.
(a) Any person, organization, corporation or limited liability company
which desires to establish a microbrewery and/or winery within the City of
Rock Springs, Wyoming, shall apply for the appropriate permit pursuant to W.S. Sections 12-4-102 and 12-4-412, and applicable provisions of the Rock
Springs Municipal Ordinances.
(b) If the application is accepted by the Governing Body and a permit
is issued to the applicant, the Governing Body may, in its discretion, expand
or restrict said permit, pursuant to pertinent provisions of W.S. Section
12-4-412(b)(i), (ii)(iii)(A)(C)(D)(E), (iv), (v) and (vii).
(c) The successful applicant shall pay a fee of Five Hundred Dollars
($500.00), as established by the Governing Body, at the time of the receipt
of the permit and annually thereafter. When dual ownership of a
microbrewery and/or winery permit and a liquor license exists, no additional
fee shall be assessed other than the retail or resort license fee.
(98-08, Amended, 06/02/1998; 96-15, Added, 10/01/1996)
10-109 Restaurant Liquor Licenses.
(a) Any person, organization, corporation or limited liability
company which desires to receive a restaurant liquor license within the City
of Rock Springs
shall make application for such license pursuant to the provisions of Wyoming
Statutes and the applicable provisions of Rock Springs Municipal Ordinances.
(b) The successful applicant shall pay a fee of not more than Three
Thousand Dollars ($3,000.00) and not less than Five Hundred Dollars
($500.00), as established by the Governing Body of the City of Rock Springs, at the
time of receipt of the license and upon renewal annually thereafter.
10-110 Bar and Grill Liquor Licenses.
(a) Any person, organization, corporation or limited
liability company which desires to receive a bar and grill liquor license
within the City of Rock Springs
shall make application for such license pursuant to the provisions of
Wyoming Statutes and the applicable provisions of Rock Springs Municipal
Ordinances.
b) The successful applicant shall pay a fee of not less than One
Thousand Five Hundred Dollars $1,500.00) and not more than Ten Thousand Five
Hundred Dollars ($10,500.00), as established by the Governing Body of the
City of Rock Springs, at the time of receipt of the license and upon renewal
annually thereafter. (Ord. No. 2006-20, 7/5/06).
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