§ 12-1-101 — Definitions

Wyoming § 12-1-101

• Jurisdiction: Wyoming
• Title 12: Alcoholic Beverages
• Ch. 1: GENERAL PROVISIONS

Text

(a) As used in this title:
(i) "Alcoholic liquor" means any spirituous or
fermented fluid, substance or compound other than malt beverage
intended for beverage purposes which contains at least one-half
of one percent (.5%) of alcohol by volume. As used in this
paragraph, "beverage" does not include liquid filled candies
containing less than six and one-quarter percent (6.25%) of
alcohol by volume;
(ii) "Building" means a roofed and walled structure
built or set in place for permanent use;
(iii) "Club" means any of the following
organizations:
(A) A post, charter, camp or other local unit
composed only of veterans and its duly organized auxiliary,
chartered by the Congress of the United States for patriotic,
fraternal or benevolent purposes and, as the owner, lessee or
occupant, operates an establishment for these purposes within
the state;
(B) A chapter, lodge or other local unit of an
American national fraternal organization and, as the owner,
lessee or occupant, operates an establishment for fraternal
purposes within the state. As used in this subparagraph, an
American fraternal organization means an organization actively
operating in not less than thirty-six (36) states or having been
in active continuous existence for not less than twenty (20)
years, but does not mean a college fraternity;
(C) A hall or building association of a local
unit specified in subparagraphs (A) and (B) of this paragraph,
of which all of the capital stock is owned by the local unit or
its members, operating clubroom facilities for the local unit;
(D) A golf club having more than fifty (50) bona
fide members and owning, maintaining or operating a bona fide
golf course together with a clubhouse;
(E) A social club with more than one hundred
(100) bona fide members who are residents of the county in which
it is located, owning, maintaining or operating club quarters,
incorporated and operating solely as a nonprofit corporation
under the laws of this state and qualified as a tax exempt
organization under the Internal Revenue Service Code and having
been continuously operating for a period of not less than one
(1) year. The club shall have had during this one (1) year
period a bona fide membership paying dues of at least
twenty-five dollars ($25.00) per year as recorded by the
secretary of the club, quarterly meetings and an actively
engaged membership carrying out the objects of the club. A
social club shall, upon applying for a license, file with the
licensing authority and the division, a true copy of its bylaws
and shall further, upon applying for a renewal of its license,
file with the licensing authority and the division a detailed
statement of its activities during the preceding year which were
undertaken or furthered in pursuit of the objects of the club
together with an itemized statement of amounts expended for such
activities. Club members, at the time of application for a
limited retail liquor license pursuant to W.S. 12-4-301, shall
be in good standing by having paid at least one (1) full year in
dues;
(F) Club does not mean college fraternities or
labor unions;
(G) A political subdivision of this state
owning, maintaining or operating a bona fide golf course
together with a clubhouse.
(iv) "Division" means the Wyoming liquor division
within the department of revenue created under W.S. 12-2-106;
(v) Repealed by Laws 1985, ch. 92, § 3;
(vi) "Industry representative" means and includes all
wholesalers, manufacturers, rectifiers, distillers and breweries
dealing in alcoholic liquor or malt beverage, and proscriptions
upon their conduct shall include conduct by a subsidiary,
affiliate, officer, director, employee, agent, broker or any
firm member of such entity;
(vii) "Intoxicating liquor", "alcoholic liquor",
"alcoholic beverage" and "spirituous liquor" are construed as
synonymous in meaning and definition;
(viii) "Licensee" means a person holding any one (1)
or more of the following:
(A) Retail liquor license;
(B) Limited retail liquor license;
(C) Resort liquor license;
(D) County retail malt beverage permit;
(E) Twenty-four (24) hour malt beverage permit;
(F) Restaurant liquor license;
(G) Catering permit;
(H) Bar and grill liquor license;
(J) Malt beverage wholesale license;
(K) Limited transportation liquor license;
(M) Manufacturer's license;
(N) Manufacturer's satellite permit;
(O) Winery permit;
(P) Winery satellite permit;
(Q) Out-of-state shipper's license;
(R) Microbrewery permit;
(S) Malt beverage permit for the University of
Wyoming;
(T) Special malt beverage permit issued under
W.S. 12-4-504;
(U) Malt beverage permit for events conducted at
rodeo arenas issued under W.S. 12-4-507;
(W) Resort hotel liquor license.
(ix) "Licensing authority" means the governing body
of an incorporated city, town or county in Wyoming with the
responsibility to issue, control and administer a particular
license, or the division;
(x) "Malt beverage" means any fluid, substance or
compound intended for beverage purposes manufactured from malt,
wholly or in part, or from any substitute therefor, containing
at least one-half of one percent (.5%) of alcohol by volume;
(xi) "Original package" means any receptacle or
container used or labeled by the manufacturer of the substance,
containing any alcoholic liquors or malt beverages;
(xii) "Person" includes an individual person,
partnership, corporation, limited liability company or any other
association or entity, public or private;
(xiii) "Resident" means a domiciled resident and
citizen of Wyoming for a period of not less than one (1) year
who has not claimed residency elsewhere for any purpose within a
one (1) year period immediately preceding the date of
application for any license or permit authorized under this
title;
(xiv) "Restaurant" means space in a building
maintained, advertised and held out to the public as a place
where individually priced meals are prepared and served
primarily for on-premise consumption and where the primary
source of revenue from the operation is from the sale of food
and not from the sale of alcoholic or malt beverages;
(xv) Repealed by Laws 2017, ch. 63, § 2.
(xvi) "Sell" or "sale" includes offering for sale,
trafficking in, bartering, delivering or dispensing and pouring
for value, exchanging for goods, services or patronage or an
exchange in any way other than purely gratuitously. Every
delivery of any alcoholic liquor or malt beverage made otherwise
than by gift constitutes a sale;
(xvii) "Wholesaler" means any person except the
division, who sells any alcoholic or malt beverage to a retailer
for resale;
(xviii) "Brewery" means a commercial enterprise at a
single location producing more than fifty thousand (50,000)
barrels per year of malt beverage;
(xix) "Microbrewery" means a commercial enterprise
producing not more than fifty thousand (50,000) barrels per year
and no less than fifty (50) barrels per year of malt beverage;
(xx) "Winery" means a commercial enterprise
manufacturing wine at a single location in Wyoming;
(xxi) "Operational" means offering for sale on an
ongoing weekly basis to the general public alcoholic liquor and
malt beverages as authorized under a license or permit issued
under this title;
(xxii) "Department" means the Wyoming department of
revenue;
(xxiii) "Guest ranch" means a vacation resort
offering accommodations for overnight stays and activities
typical of western ranching;
(xxiv) Repealed by Laws 2020, ch. 87, § 3.
(xxv) "Out-of-state shipper" means any licensee
outside this state who accepts orders for manufactured wine
placed from this state and who ships, packages for shipment or
facilitates in any way shipment of the wine by a third party or
common carrier to any person, household or licensed retailer in
this state.
(xxvi) "Contract brewing" means a commercial
arrangement in which a client brewer or microbrewer contracts
with a brewery or microbrewery to produce malt beverage for the
client brewer or microbrewer and where the contract brewery or
microbrewery is entirely responsible for:
(A) Producing the malt beverage;
(B) Packaging the malt beverage;
(C) Reporting and keeping appropriate brewery or
microbrewery records, including crediting the malt beverage
production toward the contract brewery's or microbrewery's
production requirements for annual permit renewal;
(D) Labeling the malt beverage with the contract
brewery's or microbrewery's name and address;
(E) Obtaining the necessary certificates of
label approval;
(F) Retaining ownership of the malt beverage
until removal of the malt beverage from the contract brewing
facility;
(G) Obtaining any required territorial
assignment;
(H) Distributing the malt beverage back to the
client brewer or microbrewer through a wholesaler;
(J) Paying the appropriate rate of tax upon
removal of the malt beverage from the contract brewing facility
and reporting and remitting the tax to the appropriate tax
authority.
(xxvii) "Entertainment" means any activity designed
to provide diversion or amusement, regardless of the age
required for the activity. "Entertainment" shall not include
adult entertainment as defined by the local licensing authority
or gambling.