Chapter 5.05 ALCOHOLIC BEVERAGES

(a) For the protection of the health, safety and welfare of the residents, citizens and guests of the town, it is hereby declared to be in the best interest of the town, and the residents, citizens and guests hereof, that the sale, distribution, possession and traffic of alcoholic liquor and malt beverages shall be regulated to the extent that all such activity be, and the same hereby is, prohibited, except as provided in this chapter, and that no sale at retail or possession of such substances shall occur within the jurisdictional limits of the town except as authorized herein and the exceptions provided in WS 12-1-101 et seq., reserving certain powers to the state of Wyoming. It is the intent of this chapter to comply and coincide with provisions of WS 12-1-101, et seq., which regulate such substances.

(b) It is not the intent of the town to regulate, or interfere with the regulation by the state of limited transportation licenses issued in compliance with provisions of WS 12-2-202. [Ord. 655 § 3-1.1, 1996. 1996 Code § 3-1.1.]

5.05.030 Application for annual license.

(a) Any person desiring an annual license as authorized by this chapter shall make application to the town by delivering to the town clerk, on the form prepared by the Attorney General pursuant to WS 12-4-701 and provided to the applicant by the clerk, a completed, verified and signed form. The license fee, or any other fees related to a license, shall be paid the clerk at the time the application is filed or the clerk shall not commence processing the application. Renewal of an annual license, application for transfer of ownership and transfer of location shall be made upon the same form and in the same manner. The information contained in the application shall conform to the requirements of WS 12-4-102.

(b) Upon receipt of an application, the clerk shall send one copy of the application to the Department of Revenue by certified mail, return receipt requested, and shall promptly prepare a notice of application, place a copy of the notice in a conspicuous place at the location shown in the application and publish the notice in the Platte County Record Times once a week for four consecutive weeks. The notice shall comply with the provisions of WS 12-4-104.

(c) On behalf of the licensing authority, the town clerk is authorized to request supporting documentation in conjunction with applications filed for a license or permit. Prior to issuance, review and inspections of the proposed premises may be conducted by various town department representatives as required by the town clerk. Representatives of town departments may enter licensed and permitted premises during regular business hours to make reasonable inspections. [Ord. 655 § 3-2, 1996. 1996 Code § 3-2.]

5.05.040 Restrictions upon applicants and license.

(a) Except as provided in subsection (b) of this section, all permit and license recipients must post the license or permit in a conspicuous place within the licensed dispensing room described in the application.

(b) Any license issued pursuant to WS 12-4-103(a)(iv) shall be held by the clerk in the clerk’s office, or other location as designated by the clerk, until the license can be placed in a physically functional building. [Ord. 655 § 3-3, 1996. 1996 Code § 3-3.]

5.05.050 Grounds for denial of license.

A license shall not be issued, renewed or transferred if the governing body finds from evidence presented at the hearing required under WS 12-4-104 any of the conditions found under WS 12-4-104(b), including:

(a) The holder of an expired annual license, or one due for expiration, has a preference right to a renewal of that license for the same location, but such preference exists only to the extent explicitly authorized under WS 12-4-104(c). No other preference rights are authorized or recognized by the town of Wheatland. The preference right granted under this section shall expire 30 days after the expiration date shown on the most recently issued license or permit. [Ord. 655 § 3-4, 1996. 1996 Code § 3-4.]

5.05.060 Transfer of annual license.

A person seeking to transfer an annual license shall submit a new application form and shall pay to the clerk at the time of such application a nonrefundable additional license fee of $100.00. The transfer application shall be set for public hearing and otherwise considered by the governing body in a manner consistent with WS 12-4-601. [Ord. 655 § 3-4.1, 1996. 1996 Code § 3-4.1.]

5.05.070 Term of annual licenses.

(a) Annual licenses shall be for a period of not more than one year, expiring each year on April 1st. Annual licenses shall be a personal privilege of the licensee.

(b) The executor or administrator of the estate of a deceased licensee, when the estate consists in whole or in part of a business selling alcoholic or malt beverages under an annual license issued by the town, may exercise the personal privilege of the deceased licensee under terms of the license until the expiration date of the license. If the license of the deceased licensee has not been transferred prior to the annual expiration date, the governing body shall consider the license of the deceased licensee as an unissued license. [Ord. 655 § 3-5, 1996. 1996 Code § 3-5.]

5.05.080 Annual licenses and fees.

(a) The governing body of the town of Wheatland is hereby authorized to issue the following annual licenses pursuant to state law and this chapter:

(1) Retail liquor license, as defined in WS 12-4-201.

(2) Limited retail liquor (special club) license, as defined in WS 12-4-301.

(3) Restaurant liquor license, as defined in WS 12-4-407.

(4) Bar and grill liquor license, as defined in WS 12-4-413.

(5) Microbrewery liquor permit, as defined in WS 12-4-412(a)(i).

(b) The annual fee for each license shall be payable at the time of application, shall be paid in cash or certified check, and shall be in the full amount as shown for each class of license below:

(1) For a retail liquor license, the annual fee shall be $1,500.

(2) For a limited retail liquor (special club) license, the annual fee shall be $100.00.

(3) For a restaurant liquor license, the annual fee shall be $1,500.

(4) For a bar and grill liquor license, the annual fee shall be $1,500.

(5) For a microbrewery liquor permit, the annual fee shall be $300.00.

(d) In addition to paying an application fee at the time of application, the applicant shall also pay a nonrefundable publication fee in an amount designated by the town clerk to cover the cost of publishing public hearing notices. [Ord. 795, 2016; Ord. 655 § 3-6, 1996. 1996 Code § 3-6.]

5.05.085 Bar and grill liquor licenses and annual renewals.

(a) Minimum Requirements. The town of Wheatland shall only grant or renew a bar and grill liquor license if the following minimum requirements are met by the applicant:

(1) The establishment/applicant has a dedicated area/kitchen where food will be prepared completely separate and distinct from the dining area and bar area.

(2) The establishment/applicant has a menu. The menu shall include meals that cannot be conveniently consumed while standing or walking.

(3) The establishment/applicant has a dining area with dedicated tables and chairs where the meals must be served and consumed.

(4) The establishment/applicant can only be open during the time food is prepared and served.

(5) The food sales shall be at least 50 percent of the operation/gross sales.

(6) The establishment shall place signage on the building/property designating it as a bar and grill.

(b) The requirements set forth in subsection (a) of this section shall be applicable to all existing bar and grill liquor licenses. Existing bar and grill liquor license holders are required to meet the requirements in this section before the renewal application for the year 2026. [Ord. 846 §§ 1, 2, 2024.]

5.05.090 Temporary licenses and permits.

(a) Issuing Authority.

(1) The town clerk, or clerk’s designee, is hereby authorized to issue the following temporary permits for the serving and selling of alcoholic beverages upon the receipt of a completed application and payment of necessary fees:

a. Malt beverage permits, as defined by WS 12-4-502(a).

b. Catering permits, as defined by WS 12-4-502(b).

(2) The governing body of the town of Wheatland is hereby authorized to issue the following temporary permits pursuant to state law and this chapter:

a. Temporary dispensing room permits, as defined by WS 12-4-504 and 12-5-201(f), (g), (h), and (j).

b. Extended club hours permits, as defined by WS 12-5-101(b).

(b) Training. Prior to issuance of any temporary license or permit the applicant, servers, and volunteers who will be selling, serving, or delivering alcoholic liquors and/or malt beverages pursuant to the above temporary permits must be required to complete the Wheatland police department responsible server’s course no less than 48 hours before the start of the event.

(c) Application. Those individuals and entities requesting temporary licenses and permits must complete an application through the town clerk’s office, prior to issuance of any temporary licenses or permits.

(d) Fees. The fee for each license shall be payable at the time of the application, shall be paid in cash or certified check, and shall be in the full amount as shown for each class of license below:

(1) Malt beverage permits: the fee shall be $50.00 per 24-hour period.

(2) Catering permits: the fee shall be $50.00 per 24-hour period.

(3) Temporary dispensing room permit: the fee shall be $50.00.

(4) Extended club hours permit: the fee shall be $50.00.

(5) If the application for any of the above permits is submitted to the town clerk less than 10 days before the event, the fee shall be $100.00.

(e) Refunds. No refund of all or any part of any temporary license or permit fee shall be made at any time following the issuance of the license.

(f) Revocation of Permit. The chief of police, or authorized designee, may revoke any temporary permit issued under this section in the interest of maintaining peace and order; or to protect the health, safety, and welfare of the public; or in any situation in which an emergency arises; or where there is an immediate threat to the security, property, and welfare of any member of the public. [Ord. 815, 2018; Ord. 655 § 3-7, 1996. 1996 Code § 3-7.]

5.05.100 Hours of operation.

(a) All licensees and permittees holding an annual or temporary license under this chapter shall be controlled by the schedule of hours set forth in subsection (c) of this section.

(b) This section shall not apply to licensees holding limited retail liquor (special club) licenses who have been authorized by the governing body under WS 12-5-101(b) to have hours of operation other than those authorized by this section.

(c) The hours of operation for all licensees and permittees, subject to the exceptions in subsection (b) of this section, shall be as follows:

(1) On all days, a licensee may open the dispensing room no earlier than 6:00 a.m. and shall close the dispensing room and cease the sale of alcoholic and malt beverages not later than 2:00 a.m. the following day, and the licensee shall clear the dispensing room of all persons other than employees no later than 2:30 a.m.

(d) It is unlawful for any person to operate a bottle club in the town. Used herein, “bottle club” is defined as an operation or enterprise in which no alcoholic liquor or malt beverages are sold, but where food, soft drinks and mixes are sold, and the safekeeping of alcoholic and malt beverages is provided for individual club members who bring alcoholic liquor and malt beverages upon the premises for their own use and consumption. Income, profits or fees of the operator of a bottle club are typically derived from sales or furnishing of mixes, ice, food or glasses, or from dues, charges, contributions, membership cards or assessments.

(e) Excessive drinking of alcoholic liquor and malt beverages or disorderly conduct in any place licensed under this chapter shall not be permitted by the licensee. In addition to any penalty provided by the code or state law, excessive drinking or disorderly conduct may be cause for the initiation of suspension and/or revocation procedures. [Ord. 655 § 3-8, 1996. 1996 Code § 3-8.]

5.05.110 Drive-in facilities.

Upon approval of the original application by the governing body, or the renewal thereof, a drive-in area adjacent to or contiguous with the licensed room may be used by the holder of a retail liquor license for taking orders, making delivery of, and receiving payment for alcoholic or malt beverages under the terms and conditions found in WS 12-5-301. [Ord. 655 § 3-9, 1996. 1996 Code § 3-9.]

5.05.120 Falsification of application.

(a) It is unlawful for any person or organization to knowingly submit false information or false facts as true, or to submit a fact or piece of information without knowing such to be true or false, on an application for any license or permit authorized by this chapter. Each application which is submitted shall be sworn to be true to the best of the knowledge by the person submitting such application.

(b) If, in the opinion of the town attorney, a liquor license holder has acted in violation of this section, the town attorney shall upon action of the licensing authority take action on behalf of the licensing authority pursuant to WS 12-7-201 seeking revocation of the license or permit. Such action shall be in addition to any other penalties which may accrue to the license holder for violation of this section. [Ord. 655 § 3-10, 1996. 1996 Code § 3-10.]

5.05.130 Possession by underage persons.

It is unlawful for any person under the age of 21 years to possess, buy, sell, drink, consume or otherwise solicit the sale or purchase of alcoholic liquor or malt beverages in the town. As used in this section, possession shall also include alcohol which has been consumed and is present within the body at the time of determination. [Ord. 655 § 3-11, 1996. 1996 Code § 3-11.]

5.05.140 Sales to underage persons.

It is unlawful for any person to sell, give or deliver any alcoholic liquor or malt beverage to any person under the age of 21 years; provided, however, that such prohibition shall not apply to any parent or guardian providing such to his or her child in the confines of their home. [Ord. 655 § 3-12, 1996. 1996 Code § 3-12.]

5.05.150 Use of false proof of age or identity.

It is unlawful for any person under the age of 21 years to make, use or possess any identification which falsely indicates the person’s age as greater than 21 years, whether in the person’s correct name or not, or to attempt to obtain any alcoholic liquor or malt beverage using any false identification. [Ord. 655 § 3-13, 1996. 1996 Code § 3-13.]

5.05.160 Dispensing room restrictions.

(a) It is unlawful for any person under the age of 21 years to enter or remain in the dispensing room or brewing area of any premises licensed or permitted under this chapter to dispense or brew alcoholic liquor or malt beverages, except as provided for in this section.

(b) No licensee, permittee or agent, employees or servant of a licensee or permittee shall permit any person under the age of 21 years to enter or remain in a dispensing room or brewing area of a licensed premises owned, operated, leased or managed by them.

(c) This section shall not apply to a licensee’s employee under the age of 21 years when, in the course of his employment, the employee is in the dispensing room and the dispensing room or brewing area is not open for the sale or dispensing of alcoholic beverages or brewing of malt beverages.

(d) No person shall permit gambling in a licensed dispensing room. [Ord. 655 § 3-14, 1996. 1996 Code § 3-14.]

5.05.170 Suspension of license or permit.

(a) The governing body may suspend any license or permit issued under this chapter if the licensee or permittee fails to pay sales taxes and the Wyoming Liquor Division has ceased sales of alcoholic liquor to the licensee or permittee pursuant to WS 12-2-306. Upon receipt by the clerk of a certified notice from the state of Wyoming issued pursuant to WS 12-2-306, and upon order of the governing body, the clerk shall notify the licensee or permittee, by certified mail that the town intends to hold a hearing on whether the license or permit should be suspended. The suspension hearing shall be conducted under the Wyoming Administrative Procedures Act (WS 16-6-101 et seq.) and rules adopted by the governing body. The certified notice from the state of Wyoming and all evidence presented to the state of Wyoming in support of the certified notice will be admitted and considered prima facie evidence of the licensee’s or permittee’s tax delinquency.

(b) In the event a license or permit is suspended in accordance with this section, the holder of the license or permit may appeal the suspension in accordance with the provisions of WS 12-7-103.

(c) The suspension of the license or permit shall remain in effect until either the governing body lifts the suspension, a court of competent jurisdiction lifts the suspension, or the clerk receives certified notice from the state of Wyoming that the sales tax liability has been satisfied.

(d) In the event a suspension occurs, the clerk shall send by certified mail one copy each of the suspension notice to the last known addresses of the license or permit holder and to the Director of the Wyoming Liquor Division for the state of Wyoming. Additionally, the clerk shall post one copy of the suspension notice on the licensed or permitted premises. Immediately upon the posting of the suspension notice, the sale, offering to sell, distributing or trafficking of alcoholic liquor or malt beverages shall be unlawful. Further, the licensee or permittee shall either remove all of the alcoholic liquor and malt beverages from the licensed premises or secure the alcoholic liquor and malt beverages in a manner approved in writing by the chief of police or his designee. [Ord. 655 § 3-15, 1996. 1996 Code § 3-15.]

5.05.180 Delivery of alcoholic liquors and malt beverages.

(a) No retail liquor licensee shall deliver or cause to be delivered any alcoholic or malt beverage to any person whatsoever, except at the licensed premises.

(b) No person shall engage in the business of making deliveries of alcoholic liquor or malt beverages from the place of any retail liquor licensee in the town. [Ord. 655 § 3-16, 1996. 1996 Code § 3-16.]

5.05.190 Penalties.

In addition to any penalties specifically set forth above in this chapter, any person or entity violating any of the provisions of this chapter is guilty of a misdemeanor and subject to the general penalties set forth in WMC 1.10.010. [Ord. 655 § 3-17, 1996. 1996 Code § 3-17.]