§ 12-2-201 — Wholesale license for sale of malt beverages only; fee

Wyoming § 12-2-201

• Jurisdiction: Wyoming
• Title 12: Alcoholic Beverages
• Ch. 2: WYOMING LIQUOR DIVISION
• Art. 2: LICENSING AUTHORITY

Text

(a) Except as otherwise provided in paragraph (ii) of this
subsection a wholesale license authorizing the sale of malt
beverages only may be granted by the division to microbreweries
and malt beverage wholesalers resident within this state.
Wholesale licensees have the exclusive right to sell malt
beverages at wholesale. Any qualified person desiring a
wholesale license shall apply to the division on forms to be
provided and pay a license fee of two hundred fifty dollars
($250.00) annually in advance. A wholesale license issued under
this subsection shall be subject to the following:
(i) Except as provided in paragraph (ii) of this
section, no brewery or malt beverage importer may have any legal
ownership interest, in whole or in part, in the license,
business, assets or corporate stock of a licensee under this
subsection;
(ii) The division may issue a temporary wholesale
license under this subsection to a brewery or malt beverage
importer if a current licensee who has been granted distribution
rights for a brand in a designated sales territory is unable to
service the territory as a result of the loss of his license,
bankruptcy or insolvency, and the loss of license, bankruptcy or
insolvency is not the result of action by the brewery or malt
beverage importer that is prohibited under the franchise
agreement. A temporary license under this paragraph may be
issued for a period not to exceed one (1) year and shall be
limited to the sale of products in the designated territory;
(iii) Nothing in this subsection shall be interpreted
to impair any contract between a brewery, microbrewery, malt
beverage manufacturer or malt beverage importer and a
distributor.
(b) Each applicant shall submit to the division a
statement under oath designating clearly the geographical
territory within which the applicant will sell and deliver malt
beverages to qualified retail liquor and malt beverage licensees
or permittees only. The territory is to be that designated by
the brewer or brewer's authorized agent whose product the
applicant sells. The application shall state that malt beverages
sold by the applicant may be purchased by all retail liquor
licensees or malt beverage permittees, and that the applicant
will maintain a warehouse and delivery facilities within the
territory designated. This subsection does not apply to a
licensed malt beverage wholesaler when there has been no
territorial designation of a brand by a brewer or the brewer's
authorized agent to another licensed wholesaler. The division
may authorize a licensed wholesaler to annually purchase not
more than one hundred fifteen (115) gallons of any unassigned
brand. A retail liquor licensee or malt beverage permittee shall
purchase all malt beverages for retail sale only from a Wyoming
wholesale malt beverage licensee.
(c) A malt beverage wholesaler may sell to or purchase
from another malt beverage wholesaler only those products the
purchasing wholesaler is licensed to sell within his designated
territory. A copy of the invoice of the transaction shall be
submitted to the division by the seller. State excise tax shall
be reported and paid by the licensed malt beverage wholesaler
who has imported the products into the state.
(d) The division may grant the number of licenses it deems
appropriate and at points within the state as it may select.
(e) All Wyoming breweries and all malt beverage
wholesalers shall be under the direct supervision of the
division and subject to all the provisions of this title and the
rules and regulations of the department.
(f) Nothing in this section limits the division's
exclusive authority to wholesale alcoholic liquors.
(g) The division:
(i) Repealed by Laws 2021, ch. 22, § 3.
(ii) Repealed by Laws 2021, ch. 22, § 3.
(iii) Shall not grant a license for a brewery and a
microbrewery to the same producer.