§ 12-4-413 — Bar and grill liquor license; authorized; requirements

(a) Restaurants as defined by W.S. 12-1-101(a)(xiv) may be
licensed by the appropriate licensing authority in counties,
cities and towns under a bar and grill liquor license. In
addition to the application requirements required by this title,
the license applicant shall submit a valid food service permit
upon application.
(b) Bar and grill liquor licenses shall be issued as
follows:
(i) Repealed by Laws 2023, ch. 20, § 2.
(ii) Repealed by Laws 2023, ch. 20, § 2.
(iii) Repealed by Laws 2023, ch. 20, § 2.
(iv) Repealed by Laws 2023, ch. 20, § 2.
(v) Beginning July 1, 2023, the number of bar and
grill liquor licenses for cities and towns shall be based on the
following population formula:
(A) Not more than four (4) licenses in
incorporated cities or towns with populations of seven thousand
five hundred (7,500) or less;
(B) Not more than ten (10) licenses in
incorporated cities with populations between seven thousand five
hundred one (7,501) and twenty thousand (20,000);
(C) Not more than fourteen (14) licenses in
incorporated cities with populations between twenty thousand one
(20,001) and thirty thousand (30,000); and
(D) Not more than one (1) additional license for
each additional five thousand (5,000) persons residing in
incorporated cities over thirty thousand (30,000);
(E) This paragraph is repealed effective June
30, 2028.
(vi) Beginning July 1, 2028, the number of bar and
grill liquor licenses for cities and towns shall be based on the
following population formula:
(A) Not more than six (6) licenses in
incorporated cities or towns with populations of seven thousand
five hundred (7,500) or less;
(B) Not more than fourteen (14) licenses in
incorporated cities with populations between seven thousand five
hundred one (7,501) and twenty thousand (20,000);
(C) Not more than eighteen (18) licenses in
incorporated cities with populations between twenty thousand one
(20,001) and thirty thousand (30,000); and
(D) Not more than one (1) additional license for
each additional three thousand (3,000) persons residing in
incorporated cities over thirty thousand (30,000).
(c) Bar and grill liquor licenses may be granted by the
county commissioners as the appropriate licensing authority in a
county outside of incorporated cities and towns as follows:
(i) Repealed by Laws 2023, ch. 20, § 2.
(ii) Beginning July 1, 2023, four (4) licenses for
each seven thousand five hundred (7,500) persons residing
outside incorporated cities and towns. This paragraph is
repealed effective June 30, 2028;
(iii) Beginning July 1, 2028, six (6) licenses for
each seven thousand five hundred (7,500) persons residing
outside incorporated cities and towns.
(d) The license fee assessed for a bar and grill liquor
license shall be not less than one thousand five hundred dollars
($1,500.00) nor more than ten thousand five hundred dollars
($10,500.00).
(e) A bar and grill liquor license shall not be sold,
transferred or assigned by the holder.
(f) Bar and grill liquor licensees shall not sell
alcoholic or malt beverages for off-premises consumption from
the licensed building owned or leased by the licensee except as
allowed under this subsection. The following shall apply to
sales of alcoholic and malt beverages:
(i) All sales of alcoholic and malt beverages
authorized by a bar and grill liquor license shall cease at the
time food sales and services cease or at the hours specified by
W.S. 12-5-101(a) if food sales and services extend beyond the
hours specified therein;
(ii) A bar and grill liquor licensee may permit a
patron to remove one (1) partially consumed bottle of wine for
off-premises consumption provided that the patron has purchased
a full course meal and consumed a portion of the bottle of wine
with the meal on the bar and grill premises. For purposes of
this paragraph the term "full course meal" shall mean food which
cannot conveniently be consumed while standing or walking. A
partially consumed bottle of wine that is to be removed from the
premises pursuant to this paragraph shall be securely sealed by
the licensee or an agent of the licensee and placed in a tamper-
proof transparent bag which shall also be securely sealed prior
to removal from the premises, so that it is visibly apparent
that the resealed bottle of wine has not been tampered with.
The licensee or agent of the licensee shall provide a dated
receipt for the bottle of wine to the patron. Wine which is
resealed in accordance with the provisions of this paragraph
shall not be deemed an open container for purposes of W.S. 31-5-
235.
(g) An applicant for a bar and grill liquor license shall
satisfy the appropriate licensing authority that not less than
sixty percent (60%) of revenue from the operation of the bar and
grill to be licensed will be derived from food services,
entertainment or a combination of food services and
entertainment and not from the sale of alcoholic or malt
beverages.
(h) When renewing a bar and grill liquor license, the
appropriate licensing authority shall condition renewal upon a
requirement that not less than sixty percent (60%) of gross
sales from the preceding twelve (12) months operation of a
licensed bar and grill be derived from food services,
entertainment or a combination of food services and
entertainment.
(j) The appropriate licensing authority shall consider the
type, level and appropriateness of food services and
entertainment sales proposed in each application when
determining whether to issue or renew a bar and grill license.
(k) Upon application for license renewal, a license holder
shall submit an annual report to the licensing authority on the
sales of the licensed bar and grill. The report shall contain
the annual gross sales figures of the bar and grill and shall
separate the gross sales figures into the following three (3)
categories:
(i) Food service sales;
(ii) Alcoholic and malt beverage sales;
(iii) Entertainment sales.