City of Green River City Council Meeting Agenda Documentation

Transcription

1 City of Green River City Council Meeting Agenda Documentation Preparation Date: 10/13/17 Meeting Date: 10/17/17 Department: Finance Department Head: Chris Meats Presenter: Chris Meats Subject: Consideration on Second Reading an Ordinance Amending Chapter 4 Alcoholic Beverages Background/Alternatives: The State Legislature amended the statutes pertaining to the State liquor laws in the last legislative session. These changes were effective as of July 1, While the City s ordinances needed amended staff felt they were strong enough to wait to make amendments until we saw how some of the surrounding municipalities changed their ordinances. To work with all of the invested parties for these changes Staff has taken 2 months for comments. The initial draft went to City Staff (Attorney, Prosecutor, Judge and Police Department) for comments in July. An updated draft was sent to all license holders 3 weeks before two meetings were held for comments. The letter also stated comments could be made to the Finance staff at any time. Meetings where all license holders were invited were held on August 16 th and 23 rd. The final draft was also ed to all license holders September 11, 2017 for additional review and placed on the September 19, 2017 for public comment. Comments will be taken on the ordinance for at least three City Council meetings. Overall there are two large changes which affect the City the most. The first change to the statute was the hours in which a licensee could sell alcohol were removed. The Second was a change to the dispensing room for retail licensee s (Bar s, packaged liquor sales, clubs and the bowling alley). There were several other changes but most of them had little to no effect on the City. Attachments: Red Lined Ordinance Fiscal Impact: N/A Staff Impact: Minimal

2 Legal Review: The ordinance has been sent to Counsel for review. Suggested Motion: I move to approve on second reading amendments to Ordinance Chapter 4 Alcoholic Beverages as attached for changes concerning dispensing rooms and hours of operations.

3 Chapter 4 - ALCOHOLIC BEVERAGES [1] Footnotes: --- (1) --- State Law reference Alcoholic beverages generally, W.S. 1977, et seq. ARTICLE I. - IN GENERAL Sec Public intoxication. If any person shall be drunk, or shall be in a state of intoxication on any highway, street, thoroughfare, or any other public place within this city, such person shall be guilty of a misdemeanor, and the police officers of this city are hereby authorized and empowered, and it is made their duty to arrest or cause to be arrested with or without process any person violating the provisions of this section and commit such person to the jail or other safe place in the city, until such person be sober, at which time, or as soon thereafter as may be, such person shall be taken before the police justice to be dealt with according to law. (Ord. No. 6, Art. 1, 3, ; Ord. No. 918, 1, ) Cross reference Offenses against public peace, et seq.; streets, sidewalks and other public places, Ch. 22. State Law reference Authority to prevent or suppress intoxication, W.S. 1977, (a)(xvi). Sec Drinking and possession of open containers prohibited in public; exceptions. (a) No person shall drink or carry in his immediate possession an alcoholic or malt beverage in an open container, either on streets, sidewalks, parks, public parking lots, public school property or, without the consent of the owner or tenant, upon any private parking lot or any private areas that are open to the public. (b) The restrictions set forth in subsection (a) above shall not apply: (1) During the hours between 6:00 a.m. and midnight to: a. Evers Park; b. Expedition Island; c. The river corridor, defined as the actual waterway of the Green River plus ten (10) feet of bank on either side extending from the water's edge; or d. The portion of FMC Park located on the east side of the Green River. (2) To the drinking or carrying of an alcoholic beverage in an open container by person having obtained written permission in advance from: Page 1

4 a. The chief of police for consumption in any dedicated park within the city or as part of a ceremony, show, theatre production, parade or similar event; or b. The governing body or its designee for consumption in other areas of the city. (c) Any person found guilty of violating any of the provisions of this section shall, upon conviction, be punished as provided in section 1-10 of the Code of Ordinances. (Ord. No. 1062, 1, 2, ; Ord. No , 1, ; Ord. No , 1, ) Cross reference Offenses against public peace, et seq.; streets, sidewalks and other public places, Ch. 22. Sec Furnishing to minors prohibited. Any person who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic liquor or malt beverage to any person under the age of twenty-one (21) years, who is not his legal ward, medical patient or member of his immediate family, is guilty of a misdemeanor. This section does not apply to sales by the commission or a wholesaler to a licensee under this title. (Ord. No. 502, 2, ; Ord. No. 945, 2, ; Ord. No , 1, ) State Law reference Similar provisions, W.S. 1977, (a). Sec Possession by individuals under twenty-one. Any person under the age of twenty-one (21) years who has any alcoholic or malt beverage in his possession within the city is guilty of a misdemeanor. This section does not apply to possession of alcoholic or malt beverages by a person under the age of twenty-one (21) years: (a) When making a delivery of alcoholic or malt beverages pursuant to his employment; (b) Who is in the physical presence of his parent or legal guardian; (c) Who is a licensee under this chapter; or (d) When serving alcoholic or malt beverages pursuant to his employment in a restaurant which holds a license to serve alcoholic or malt beverages, if the person is at least eighteen (18) years of age. (Ord. No. 502, 3, ; Ord. No. 945, 3, ; Ord. No , 1, ; Ord. No , 5, ; Ord. No. 97-8, 1, ) State Law reference Similar provisions, W.S. 1977, (b). Sec Consumption by individuals under twenty-one. No person under the age of twenty-one (21) years shall be on any street, highway or in any public place within the city after having consumed or while under the influence of alcoholic liquor or malt beverages. (Ord. No , 3, ; Ord. No , 6, ; Ord. No. 97-8, 2, ) Page 2

5 Secs Reserved. ARTICLE II. - SALE [2] Footnotes: --- (2) --- Editor's note Nonamendatory Ord. No , adopted June 7, 1983, has been included as replacing former Art. II, , , at the editor's discretion. Former Art. II derived from a number of sections lacking history notes and the following ordinances: Ord. No. 193, 1 3, adopted March 4, 1935; Ord. No. 502, 1, adopted March 1, 1954; Ord. No. 796, 1, adopted May 17, 1967; Ord. No. 904, 1, adopted March 22, 1971; and Ord. No. 945, 1 and 5, adopted May 21, In codifying the provisions of Ord. No , the editor has retained, as far as possible, the order of provisions as they existed in the Code previously. State Law reference Authority to regulate sale, W.S. 1977, DIVISION 1. - GENERALLY Sec Adherence to state law. All actions of the governing body taken pursuant to this article shall be subject to the provisions of Sections through , Wyoming Statutes, 1977 Republished Edition, and to the extent that any portion or portions of this article shall conflict with said statutes, said statutes shall govern. (Ord. No , 1, ) Sec Hours of business. Hours of opening and closing of licensed premises shall be uniform and shall be as follows: (1) On each day of the week excepting Sunday, a licensee may open the licensed premises for sale of alcoholic and malt beverages to the public at 6:00 a.m. and shall close the licensed premises and cease sale of alcoholic and malt beverages at 2:00 a.m. on the following day; all persons other than owners and employees shall be removed from the licensed premises not later than 2:30 a.m. following closure. (2) On Sunday of each week a licensee may open the licensed premises for sale of alcoholic and malt beverages to the public between the hours of 12:00 p.m. and 10:00 p.m.; all persons other than owners and employees shall be removed from the licensed premises not later than 10:30 p.m. (3) On Sunday of each week clubs holding liquor licenses may open the licensed premises for sale of alcoholic and malt beverages between the hours of 8:00 a.m. and 10:00 p.m.; all persons other than owners and employees shall be removed from the licensed premises not later than 10:30 p.m. (4) The hours of operation designated in subsections (1) through (3) of this section may be modified on no more than four (45) days of each calendar year by a resolution or agreement made each year by the city designating those dates during city or county fairs, rodeos, pageants, jubilees, special holidays or similar public gatherings when all licensees may operate Page 3

6 their dispensing rooms for a period of twenty-four (24) hours beginning at 6:00 a.m. on days other than Sunday, and beginning at 12:00 noon on Sundays. The days shall be presented by the Green River Liquor Association for approval by Governing Body in February of each calendar year. (Ord. No , 2(c), ; Ord. No. 96-6, 5, ) Cross reference Modification of hours of retail liquor license holders, 4-34(c); hours of sale by restaurant license holders, 4-35(f); private club hours, State Law reference Similar provisions, W.S. 1977, Sec Individuals under eighteen restricted from dispensing room and from dispensing alcohol; exceptions Licensed Building Restrictions. (a) No licensee or agent, employee or servant thereof shall knowingly permit any person under the age of eighteen (18) years to enter or remain in the licensed room(s) where alcoholic liquors or malt beverages are dispensed. No licensee or agent, employee or server thereof shall knowingly permit any person under the age of twenty-one (21) years to enter or remain in the licensed building where alcoholic or malt beverages are dispensed in an establishment that is a sexually oriented business. (b) No person under the age of eighteen (18) years shall enter or remain in the licensed room(s) where alcoholic liquors or malt beverages are sold, unless: No licensee or agent, employee or server thereof shall knowingly permit any person under the age of twenty-one (21) years to enter or remain in the licensed building where alcoholic or malt beverages are dispensed primarily for on-premise consumption without a parent or guardian. (1) Under this section licensees that operate a commercial kitchen and maintain a menu of at least five main courses/entrée which is open to the general public and has seating for family dinning of at least twenty-five (25) individuals may allow individuals under 21 in the licensed building as long as the menu is offered to the public. (2) Under this section licensees which have a Limited Retail License or operate a bowling alley, hotel, motel, theater, or civic/event center may allow individuals under 21 in the licensed building. Formatted: list0 Formatted: Font: Formatted: Font: 10 pt Formatted: Font: Formatted: Font: 10 pt, Font color: Auto Formatted: Font: Formatted: Font: 10 pt, Font color: Auto Formatted: Font: Formatted: list0 Formatted: Font: 10 pt Formatted: list0, Indent: Left: 0.3", Hanging: 0.2" Formatted: Font: 10 pt, Font color: Auto (1) Accompanied by his parent or guardian who is at least eighteen (18) years of age and the licensed room is for the sale of alcoholic liquors or malt beverages for off-premises consumption and separate from any licensed room for on-premises consumption; or (2) With the approval of the city council, in a dining or waiting area with an adult not later than 10:00 p.m. if the dining or waiting area is part of the licensed room. (c) This section shall not apply to those individuals under eighteen (18) years of age who are working in the dispensing room pursuant to their employment and the licensed room(s) are not open for the sale or dispensing of alcoholic or malt beverages. Establishments that operate primarily for off-premise sales shall maintain a separate area for the sale of alcoholic or malt beverages, in which no person under the age of twenty-one (21) years of age shall enter or remain without a parent or guardian. (d) Any person violating subsection (a) or (b) of this section or aiding or abetting or inciting any violation thereof is guilty of a misdemeanor and, upon conviction, shall be sentenced in accordance with section 1-10 of this Code of Ordinances. Formatted: list0 Formatted: Font: 10 pt, Font color: Auto Formatted: Font: 10 pt, Font color: Auto Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Default (Ord. No , 3, ; Ord. No , 2, ; Ord. No , 1, ; Ord. No. 96-6, 6, ) Page 4

7 State Law reference Similar provisions, W.S. 1977, Sec Attempted purchase; use of false identification by individuals under twenty-one. Any person under the age of twenty-one (21) years who attempts in any manner to purchase alcoholic liquors or malt beverages, or who falsifies any identification or uses any false identification in order to obtain alcoholic liquors or malt beverages, is guilty of a misdemeanor. (Ord. No , 4, ; Ord. No , 3, ) State Law reference Similar provisions, W.S. 1977, (c). Sec Notification of customers of open container law. Licensees shall post in a conspicuous place upon the licensed premises written notice of the provisions of the open container ordinance, section 4-2 of the Code. (Ord. No , 2(b), ) Sec Inspections. Duly authorized and constituted employees, police officers and agents of the city shall have the right, at all reasonable times, to enter and inspect the licensed premises of a licensee for the purpose of ensuring compliance by the licensee with local, state and federal law. (Ord. No , 2(a), ) State Law reference Similar provisions, W.S. 1977, Sec Keg identification required. (a) All licensees operating within the city who sell keg beer for consumption off licensed premises shall place an identification tag onto all kegs of beer at the time of sale and require the signing of a receipt therefor by the purchaser in order to allow kegs to be traced if the contents are used in violation of this chapter. The keg identification shall be in the form of a numbered label prescribed and supplied by the chief of police which identifies the seller and which is removable or obliterated when the keg is processed for refilling. The receipt shall be on a form prescribed and supplied by the chief of police and shall include the name and address of the purchaser and such other information as may be required by the chief of police. All receipts shall be kept by the licensee for a period of six (6) months and shall be subject to inspection by the chief of police or his agent when conducting an investigation. (b) Anyone selling keg beer for off premises consumption who fails to require the signing of a receipt at the time of sale or fails to place a numbered identification label onto the keg is guilty of a misdemeanor. (c) Possession of a keg containing beer purchased within the city which is not identified as required by subsection (a) above is a misdemeanor. (d) Any purchaser of keg beer who knowingly provides false information on the receipt required by subsection (a) above shall be guilty of a misdemeanor. Page 5

8 (e) As used in this section, "keg" means any brewery-sealed, individual container of beer having a liquid capacity of seven and three-fourths (7¾) gallons or more. (Ord. No , 1, ) Secs Reserved. DIVISION 2. - LICENSES AND PERMITS [3] Footnotes: --- (3) --- Cross reference Business license taxes, et seq. State Law reference Authority for city to license retail sale of alcoholic and malt beverages, W.S. 1977, Sec Application. (a) An applicant for a new license or permit or a licensee seeking authority to transfer an existing license or permit to a new location shall, in addition to any items required by state law to be submitted with such application, submit with said application the following: (1) A map and accompanying documents illustrating the geographic location of the proposed premises, site plan, floor plan and if the building thereon is to be constructed or renovated, an architectural rendering of the building and premises as they are proposed to appear upon completion of construction or renovation thereof. (2) A statement of the financial condition of the person or entity named as the applicant. The financial statement shall be a balance sheet current within thirty (30) days of the application and shall be in a form prepared to the standards prescribed for such documents by the American Institute of Certified Public Accountants. (3) A statement from the city administrator or his designated representative that the proposed premises are located in an area which is zoned by the city to allow for the conduct of such a business. (4) A report from the city administrator or his designated representative regarding the proximity of the proposed location of the licensed premises to residential areas, schools, churches and other public places and the effect that the operation of the licensed premises would have upon vehicular traffic in the area. (b) No licensee shall have more than one category of license pertaining to a single licensed premises. (Ord. No , 5, 6, ) State Law reference Similar provisions, W.S. 1977, Sec Restrictions on issuance. Page 6

9 (a) A license or permit authorized by this section shall not be held by, issued or transferred to: (1) Any mayor or member of the city council, county commissioner for Sweetwater County; (2) Any person employed by the state or a city or county as a law enforcement officer or who holds office as a law enforcement officer through elections; (3) Any person who does not own the building in which the sales room is located or hold a written lease for the period for which the license will be effective containing an agreement by the lessor that alcoholic liquors or malt beverages may be sold upon the licensed premises, except as provided by subsection (4); (4) Any licensee who fails to demonstrate that his licensed alcoholic or malt beverage enterprise will be operational in a planned but not physically functional building within two (2)one (1) years after a license or permit has been issued or transferred, or if holding a license, fails to open his business in a functional building within two (2)one (1) years after license issuance or transfer. Upon a showing of good cause by the licensee and for an additional period of not to exceed one year, the governing body may extend the time period in which the business or enterprise of the licensee is required to become operational or open for business pursuant to this paragraph. Any license or permit in violation of this paragraph shall not be renewed by the governing body. (5) Repealed July 3, (6) A manufacturer of alcoholic beverages or wholesaler of malt beverages; (7) A person under eighteen (18) years of age; (8) A college fraternity or organization created by one or more college fraternities; (9) A chamber of commerce; (10) A corporation, limited liability company, limited partnership, or limited liability partnership which has not qualified to do business in Wyoming; (11) An individual who is not a resident; or (12) Any general partnership or group of two (2) or more persons unless each person interested, directly or indirectly, is a resident or qualified to do business in this state. (b) The governing body shall not issue more than one license or permit to any one person except as provided in section 4-39 of the Green River Code. (c) Except as provided in subsection (d) of this section, a license or permit authorized by this chapter shall not be renewed if the licensee or permittee did not, during the previous one-year term of the license or permit, purchase at least five hundred dollars ($500.00) of alcoholic or malt beverages, or combination thereof from the state liquor commission or any authorized malt beverage wholesaler. A retail liquor license shall not be renewed if the licensee did not, during the previous one-year term of the license, purchase at least two thousand dollars ($2,000.00) of alcoholic or malt beverages or combination thereof from the state liquor commission or any malt beverage wholesaler. (d) Subsection (c) of this section shall not apply to: (1) Any licensee or permittee having a planned but not physically functional building pursuant to paragraph (a)(4) of this section; or (2) Holders of special permits issued pursuant to section 4-38 of this Code. (e) No new permit will be issued to any establishment or applicant, unless the structure in which the alcoholic liquors or malt beverages are to be consumed is in a business zone. Due regard will also be given to location and proximity to schools, churches and public places. (Ord. No , 8, ; Ord. No , 4, ; Ord. No , 2, ; Ord. No. 96-6, 1, ; Ord. No , 1, ; Ord. No , 1, ) Page 7

10 Cross reference Retail liquor licenses, State Law reference Similar provisions, W.S. 1977, Sec Publication of notice of application for the issuance, renewal or transfer of license or permit; grant or denial; renewal preference; copy of application and notice to commission. (a) When an application for a license, permit, renewal or any transfer of location or ownership thereof has been filed with the city council, the clerk shall promptly prepare a notice of application, place the notice conspicuously upon the premises shown by the application as the proposed place of sale and publish the notice in a newspaper of local circulation once a week for four (4) consecutive weeks. The notice shall state that a named applicant has applied for a license, permit, renewal or transfer thereof, and that protests against the issuance, renewal or transfer of the license or permit will be heard at a designated meeting of the city council. Each applicant shall, at the time of filing his application, pay the clerk an amount sufficient to cover the costs of publishing notice. Notices may be substantially in the following form: NOTICE OF APPLICATION FOR A Notice is hereby given that on the day of / /, 19, (name of applicant) filed an application for a license (permit) in the office of the clerk of the City of Green River for the following described place (and room) (insert description), and protests, if any there be, against the issuance (transfer or renewal) of the license (permit) will be heard at the hour of m., on the day of / /, 19, in the City Hall. Dated Signed (b) Any license or permit authorized under this division shall not be issued, renewed or transferred until on or after the date set in the notice for hearing protests. If a renewal or transfer hearing, the hearing shall be held no later than thirty (30) days preceding the expiration date of the license or permit. A license or permit shall not be issued, renewed or transferred if the city council finds from evidence presented at the hearing: (1) The welfare of the people residing in the vicinity of the proposed license or permit premises shall be adversely and seriously affected; (2) The purpose of this chapter shall not be carried out by the issuance, renewal or transfer of the license or permit; (3) The number, type and location of existing licenses or permits meet the needs of the vicinity under consideration; (4) The desires of the residents of the city will not be met or satisfied by the issuance, renewal or transfer of the license or permit; or (5) Any other reasonable restrictions or standards which may be imposed by the city council shall not be carried out by the issuance, renewal or transfer of the license or permit. (c) The owner and holder of an expired liquor license or permit or one due for expiration has a preference right to a new license for the same location. After the required notice and a public hearing, each application claiming renewal preference shall be promptly considered and acted upon by the city council. (d) When any application is filed with the city council, the city council shall immediately forward a copy of the application to the state liquor commission. The city council shall not approve or deny an application until the state liquor commission has certified the application is complete pursuant to this section. All applications shall be deemed to be certified unless objection is made by the state liquor Page 8

11 commission within ten (10) working days after receipt of the application. Upon approval or denial of an application, the city council shall promptly notify the commission. (e) An applicant for a renewal license or permit may appeal to the district court from an adverse decision by the city council. No applicant for a new license shall have a right of appeal from the decision of the city council denying an application. (f) Upon an appeal the person applying for a license and claiming renewal preference shall be named as plaintiff, with the city council named as defendant. During the pendency of an appeal, a renewal license denied by the city council shall not be granted to any other applicant. Upon notice of appeal the clerk shall transmit to the clerk of the district court a certified copy of the application, of each protest if any, and of the minutes recording the decision appealed from. The appeal shall be heard as a trial de novo with evidence taken and other proceedings had as in the trial of civil actions. The court may accept and consider as part of the record certified documents forwarded to the court by the clerk of the city council. The case shall be heard promptly and the procedure shall conform to the state rules of civil procedure unless other procedures are provided for or required. (Ord. No , 9, ; Ord. No. 96-6, 2, ) State Law reference Similar provisions, W.S. 1977, Sec Term. All license renewals shall be effective on the first day of April of each year. During February of each year the governing body shall establish a schedule for hearing and considering applications for new licenses; provided, however, if in the discretion of the governing body good cause is shown for considering an application at any other time, then upon a two-thirds ( 2/3 ) vote of the governing body, an application for a new license may be heard and considered. (Ord. No , 7, ; Ord. No , 1, ) State Law reference Term of licenses, W.S. 1977, Sec Retail liquor licenses. (a) Application. All applications for retail liquor licenses shall be on a form prepared by the attorney general and comply with the requirements of W.S (b) Fee. The annual fee shall be one thousand two hundred dollars ($1,200.00), payable in advance, for the principal dispensing room licensed building. If a license for an additional room is approved, the fee shall be equal to two-thirds ( 2/3 ) of the cost of the original license. (c) Modified hours. Upon petition of a majority of the licensees of the city, approval for modified hours for not more than four (4) days per year may be given in February of each calendar year. (d) Completion of new or remodeled premises. A retail liquor license for a new or remodeled premises may be issued, providing the actual construction or remodeling of the building is complete, according to presented specifications, according to the floor plans, drawings, and architectural renderings described in section 4-30 within two (2) years of the application and if it is shown, from time to time, during the two-year period, that the applicant fully intends to operate the business for retail sales. Written progress reports shall be required by the city on the first day of March and September of each year during the two-year building period. (e) Progress reports. The applicant shall appear before the governing body at the first regular monthly meeting in July and December and report on progress made in opening the business. If the applicant Page 9

12 (f) has not acted in good faith, or if the facility is not opened in a two-year period, fees shall be forfeited and the proposed license shall be considered available for other applicants. No alteration without prior approval. No licensed premises shall be altered, modified or renovated without the approval of the governing body. Any violation of this section could result in revocation of the license. (g) Point system for issuance. If more applications than allowable licenses are presented to the governing body, the city may establish a point system based on the merit of the license of the city, together with comments and judgments from public hearings. A drawing may be held for applications deemed to be of equal merit to the city. (h) Repealed July 3, (Ord. No , 10, ; Ord. No. 87-8, 1, ; Ord. No , 2, ) Cross reference Retail liquor store licenses not to be issued to certain businesses, 4-31(d). State Law reference Retail liquor licenses, W.S. 1977, et seq. Sec Restaurant license. (a) Application. In addition to the application requirements required by this division, the restaurant license applicant shall submit a valid food service permit upon application. Applicants applying for a license in an existing restaurant shall furnish with the application a photograph of the exterior of the structure and a dimension sketch of the proposed new floor plan. Applicants who plan to use new construction shall conform with the general requirements for liquor licenses. (b) Location. Zoning and distance considerations from schools, parks and churches shall be the same as a new retail liquor license. (c) Dispensing rooms. Dispensing rooms shall be separated from the food service area and shall contain a minimum of fifty (50) square feet. No alcoholic beverage or malt liquor is permitted to be served in any area other than where full food service is provided. (d) Fees. The annual fee for a restaurant liquor license, beginning July 1, 1984, and thereafter until modified, shall be seven hundred fifty dollars ($750.00) per year. (e) Information for renewal. Between January first and February first of each year, each license holder shall provide the city with the following information before a license will be considered for renewal: (f) (1) A certified list of purchases of alcoholic beverages and malt liquors from the state liquor commission and malt beverage wholesaler; (2) A certified list of sales taxes collected and reported to the state department of revenue; (3) An annual accounting of gross sales from each of food service and malt beverages. Hours of sale. All sales of alcoholic or malt beverages as authorized by a restaurant liquor license shall cease no later than at the time full food menu service and sales cease and in no case will they be allowed to exceed those hours outlined for retail and other licenses. Cross reference Hours of sale, generally, (g) Revenues to be primarily from food services. An applicant for a restaurant license shall satisfy the city council that the primary source of revenue from the operation of the restaurant to be licensed will be derived from food services and not from the sale of alcoholic or malt beverages. When renewing a restaurant license, the city council shall condition renewal upon a requirement that not less than Page 10

13 sixty (60) percent of gross sales from the preceding twelve (12) months' operation of a licensed restaurant be derived from food services. (Ord. No , 11, ; Ord. No , 1, ; Ord. No , 1, ; Ord. No , ) State Law reference Restaurant licenses, W.S. 1977, et seq. Sec Resort retail liquor licenses. (a) Qualifications. To qualify for a resort retail liquor license, the city council shall require the resort complex to: (1) Have an actual valuation of, or the applicant shall have committed or expended on the complex, not less than one million dollars ($1,000,000.00), or excluding the value of the land; (2) Include a restaurant and a convention facility, which convention facility shall seat no less than one hundred (100) persons; and (3) Include hotel or motel accommodations with a minimum of one hundred (100) sleeping rooms. (b) Exemptions. Nothing contained within this section shall have any effect on resort liquor licenses issued prior to January 1, 1980, or to the right of renewal of a resort liquor license. (c) Fees. The fee for a resort license shall be the maximum amount allowed by state law, payable annually in advance. The fee for additional dispensing rooms shall be two-thirds ( 2/3 ) of the resort license fee. (Ord. No , 13(c), ) State Law reference Resort licenses, W.S. 1977, et seq. Sec Limited retail licenses (private clubs). The following shall apply to applicants for and holders of limited retail licenses: (1) Fees for limited retail licenses shall be two hundred dollars ($200.00) per year. (2) Hours for private clubs will be the same as for other liquor license holders, except as otherwise provided in subsection 4-16(3). (Ord. No , 12, ) Cross reference Private club hours, 4-16(3). State Law reference Limited retail licenses, W.S. 1977, et seq. Sec Special use permits. (a) Catering permits: (1) Catering permits will only be issued to holders of retail liquor licenses. (2) A fee of twenty-five dollars ($25.00) per twenty-four-hour period shall be charged a recipient of a catering permit. Page 11

14 (3) If catering service is to utilize public or city-owned or leased facilities, a five hundred dollar ($500.00) cleanup bond shall be posted with the city at a minimum of seventy-two (72) hours before the event is scheduled to take place. If the facility is left in a clean and orderly fashion within twenty-four (24) hours after the event the bond shall be returned. Otherwise the bond will be forfeited. (4) If any city facility is to be used, the city policy for scheduling and cleanup fees shall govern. (b) Malt beverage permits. (1) Upon application an organization or individual may be issued a twenty-four-hour malt beverage permit, allowing the sale of malt beverages. Such application shall specify the exact location or locations and times in which the malt beverages will be dispensed and consumed. Malt beverages under this permit shall not be sold or offered for sale for off-location consumption or use. (2) A fee of fifty dollars ($50.00) per twenty-four-hour period shall be charged to all individuals or organizations. (3) Bonding shall be the same as for a catering permit if a public facility is used. (4) Applications shall be received by the city clerk, for consideration by the city council, no later than two (2) weeks prior to the event. (5) This permit shall constitute permission for allowing consumption of malt beverages within the described areas and times as required under the open container ordinance, section 4-2 of the Code. (Ord. No , 13(a), (b), ; Ord. No , 2, ) State Law reference Special use permits, W.S. 1977, et seq. Sec Microbrewery and winery permits; authorized conditions; dual permits and licenses; fees. (a) Subject to the restrictions imposed under section 4-31 of the Green River Code excluding subsection (a)(6) (which prohibits the issuance of a permit or license to a manufacturer of alcoholic beverages or wholesaler of malt beverages), the city council may issue: (1) A microbrewery permit authorizing a permit holder to brew a malt beverage and dispense the brewed malt beverage for on-premises and limited off-premises personal consumption; (2) A winery permit authorizing a permit holder to manufacture wine and dispense the manufactured wine for on-premises and limited off-premises personal consumption. (b) The governing body: (1) May allow the sale of other malt beverages under a microbrewery permit for on-premises consumption when obtained through licensed wholesale malt beverage distributors; (2) May allow the sale of other wines under a winery permit for on-premises consumption when obtained from the state liquor commission; (3) May approve the dual holding of a microbrewery permit or winery permit and one of the following: a. A retail liquor license as provided in sections 4-30 through 4-34 of the Green River Code, and W.S through ; b. Subject to subsection (c) of this section, a restaurant license as provided in section 4-35 of the Green River Code and W.S ; Page 12

15 c. A resort license as provided in section 4-36 of the Green River Code and W.S to ; d. A microbrewery permit as provided under subsection (a)(1) of this section; e. A winery permit as provided under subsection (a)(2) of this section; or f. Subject to subsection (5) of this section, a bar and grill liquor license as provided in section 4-41 of this Code and W.S (4) May allow the microbrewery to sell on site its brewed product for off-premises personal consumption, not for retail sale, in packaging of bottles, cans or packs of an aggregate volume not to exceed two thousand (2,000) ounces per sale; (5) May allow the winery to sell its manufactured wine on site for off-premises personal consumption, not for retail sale, in packaging of bottles of an aggregate volume not to exceed two thousand twenty-eight (2,028) ounces per sale. The winery may not sell and ship no more than eighteen (18) liters of its manufactured wine directly to any one household in Wyoming in any twelve-month period; (6) Shall limit the number of microbreweries or the number of wineries to no more than those allowed in W.S (d) for each permit; (7) May allow the transfer of a microbrewery or winery permit to another location, and ownership of the microbrewery or winery may be transferred upon approval by the city council; and (8) Shall assess a fee of not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) payable annually in advance for each microbrewery or winery permit. When dual ownership of a microbrewery or winery permit and a liquor license exists no additional fee shall be assessed other than the retail, restaurant or resort license fee. (c) Wyoming Statutes , restricting the sale of alcoholic beverages for off-premises consumption, shall apply to any person holding a microbrewery or winery permit and a restaurant liquor license pursuant to subsection (b)(3)b. above, except the dual holder: (1) May provide a separate dining area in which the brewed malt beverage or manufactured wine may be dispensed which shall be separate from any dining area in which persons age eighteen (18) or under are permitted to enter. The dining room in which the malt beverages or wines are dispensed shall not be considered the dispensing room for purposes of the restaurant liquor license; (2) May sell the brewed malt beverage or manufactured wine for limited off-premises personal consumption pursuant to subsection (b)(4) and (5) of this section; (3) May upon cessation of full service restaurant operations serve a limited menu and continue to serve malt beverages authorized under the microbrewery permit or wines authorized under the winery permit; and (4) Shall not include sales of malt beverages or wines authorized under the microbrewery or winery permit, or sales other than food service and alcoholic beverages in the annual gross sales report required under subsection 4-35(g) of the Green River Code and W.S (d) Reserved. (e) The provisions of the bar and grill liquor license, as more fully described in section 4-41 of the Green River Code and W.S , shall apply to any person holding a microbrewery or winery permit and a bar and grill liquor license pursuant to subsection (b)(3)f. above, except the dual holder: (1) May sell the brewed malt beverage or manufactured wine for limited off-premise personal consumption pursuant to subsections (b)(4) and (5) above; (2) May upon cessation of full service restaurant operations serve a limited menu and continue to serve malt beverages authorized under the microbrewery permit or wines authorized under the winery permit; and Page 13

16 (f) (3) Shall not include sales of malt beverages or wines authorized under the malt beverage or winery permit, or sales other than food service and alcoholic beverages, in the annual gross sales report required under W.S (c). Notwithstanding subsection (b)(5) above and W.S , any person holding a winery permit as provided by this section, may sell and ship no more than a total of eighteen (18) liters of its manufactured wine directly to any one household in this state in any twelve-month period. (g) Notwithstanding subsection (b)(5) above and W.S , any person holding a winery permit as provided by this section, may sell and ship its manufactured wine which is not listed with the liquor division as part of its inventory and distribution operation to any Wyoming retail establishment which holds a liquor license in this state. (h) Any licensed winery holding a winery permit pursuant to this section shall: (1) Not ship more than a total of eighteen (18) liters of its manufactured wine to any one household in this state during any twelve-month period; (2) Offer to sell its manufactured wine to the liquor division at wholesale prices if the winery ships more than ninety (90) liters total of any of its manufactured wine to any combination of households or licensed retailers in this state; (3) Ship its manufactured wine only to individuals who are at least twenty-one (21) years of age for such individual's personal use and not for resale; (4) Ensure that all shipping containers of manufactured wine shipped pursuant to this section are conspicuously labeled with the words: "CONTAINS ALCOHOLIC BEVERAGES. ADULTS (OVER 21) SIGNATURE REQUIRED FOR DELIVERY"; (5) Ensure that all of its shipments within this state are made by a duly licensed carrier and further ensure that such carriers comply with the requirement to obtain an adult signature; (6) File a monthly report of wines shipped out of state on a form provided by the liquor division and include a copy of the invoice for each shipment of their own manufactured wine subject to the following: a. The report shall be filed with the liquor division not later than the tenth of the month following the month in which the shipment was made; b. Any report filed late with the liquor division shall be subject to a late filing fee of twenty-five dollars ($25.00). (7) Maintain records for at least three (3) years that will permit the liquor division to ascertain the truthfulness of the information filed and permit the division to perform an audit of the licensee's records upon reasonable request. (Ord. No. 96-6, 3, ; Ord. No , 2, ) Sec Transfer of license location; transfer of ownership; fee. (a) After public hearing and with the approval of the city council, a license or permit may be transferred to or renewed on different premises on the same basis as the original application. An additional license fee of not more than one hundred dollars ($100.00) is required for the remaining term of the license or permit. A transferred license or permit shall expire on the same date as the original license or permit. (b) A licensee, or the executor or administrator of the estate of a deceased licensee, may assign and transfer the license or permit by a sale made in good faith. The assignment and transfer shall first have the approval of the city council, which consideration shall be based in part upon a public hearing and an application filed under oath by the assignee or transferee showing the person or entity to be qualified to hold a license or permit under Wyoming law. The approval of the transfer Page 14

17 shall not be given by the city council if proceedings, including an action to collect delinquent sales tax payments pursuant to Wyoming Statutes section , are pending to suspend, revoke or otherwise penalize the original license or permit holder. A transfer of a license or permit shall require the payment of an additional license fee to the city of not more than one hundred dollars ($100.00) for the transfer, and upon assignment the assignee may exercise the privilege of continuing the business authorized by the license or permit. (Ord. No. 96-6, 4, ) Sec Bar and grill liquor licenses. (a) Application. The governing body of the City of Green River may issue a bar and grill liquor license to restaurants as defined by W.S (a)(xiv). In addition to the application requirements in this chapter and Title 12 of the Wyoming State Statutes, the license applicant shall submit a valid food service permit upon application. (b) Fees. The annual license fee assessed for a bar and grill liquor license, beginning July 1, 2007, and thereafter until modified, shall be one thousand five hundred dollars ($1,500.00). (c) Assignability. A bar and grill liquor license shall not be sold, transferred or assigned by the holder. (d) Bar and grill liquor licenses shall be subject to the provisions of section 4-35 of the Green River Code of Ordinances, and W.S and (c) to the same extent those provisions are applicable to restaurant liquor licenses. Bar and grill liquor licensees shall not sell alcoholic or malt beverages for consumption off the premises owned or leased by the licensee except as allowed under W.S (e). (Ord. No , 1, Page 15