§ 12-4-414 — Winery permits; authorized; conditions; satellite winery permits; direct shipment of wine; fees; off- premises permits

Wyoming § 12-4-414

• Jurisdiction: Wyoming
• Title 12: Alcoholic Beverages
• Ch. 4: LOCAL LICENSES
• Art. 4: RESORT AND RESTAURANT LIQUOR LICENSES

Text

(a) Subject to restrictions imposed under W.S. 12-4-103
excluding W.S. 12-4-103(a)(vi), a local licensing authority may
issue 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 local licensing authority:
(i) May allow the sale of other wines under a winery
permit for on-premises consumption when obtained from the
division;
(ii) 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;
(iii) In accordance with the process established
under article 1 of this chapter, may allow the transfer of a
winery permit to another location and ownership of the winery
may be transferred upon approval by the local licensing
authority;
(iv) 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 winery permit.
When dual ownership of a winery permit and a liquor license
exists, no additional fee shall be assessed other than the
retail, restaurant, bar and grill, resort hotel or resort
license fee.
(c) W.S. 12-4-410 shall apply to any person holding a
winery permit and a restaurant liquor license and W.S. 12-4-413
shall apply to any person holding a winery permit and a bar and
grill liquor license, except that either dual holder:
(i) May sell the manufactured wine for limited off-
premises personal consumption pursuant to paragraph (b)(ii) of
this section;
(ii) May upon cessation of full service restaurant
operations, serve a limited menu and continue to serve wines
authorized under the winery permit;
(iii) Shall not include sales of wines authorized
under the winery permit, or sales other than food service and
alcoholic beverages, in the annual gross sales report required
under W.S. 12-4-408(c).
(d) A local licensing authority may issue to the holder of
a winery permit under this section a satellite winery permit
which allows the permittee to sell wine manufactured at the site
identified on the manufacturer's license at up to three (3)
satellite locations within Wyoming separate from its licensed
manufacturing site under the original permit fee. The satellite
winery permit may be issued on application to the appropriate
licensing authority. The local licensing authority may require a
public hearing and the payment of an additional permit fee not
to exceed one hundred dollars ($100.00) regardless of the number
of satellite locations. The satellite winery permit shall be
subject to the terms and conditions of W.S. 12-4-106, the
schedule of operating hours set pursuant to W.S. 12-5-101 and
the licensed building provisions of W.S. 12-5-201.
(e) Notwithstanding paragraph (b)(ii) of this section and
W.S. 12-5-201, 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.
(f) Any licensed winery holding a winery permit pursuant
to this section shall:
(i) Not ship more than a total of one hundred eight
(108) liters of its manufactured wine to any one (1) household
in this state during any twelve (12) month period;
(ii) 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;
(iii) 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;
(iv) Ensure that all shipping containers of
manufactured wine shipped pursuant to this section are
conspicuously labeled with the words: "CONTAINS ALCOHOLIC
BEVERAGES. ADULT (OVER 21) SIGNATURE REQUIRED FOR DELIVERY";
(v) 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;
(vi) 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 day of each 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).
(vii) 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.
(g) The local licensing authority may issue to a winery
permit holder an off-premises wine permit for the purpose of
selling its own manufactured wine at meetings, conventions,
private parties, dinners and other similar gatherings to promote
the holder's product. No permittee holding an off-premises wine
permit shall sell or permit consumption of any of their
manufactured product off the premises described in the permit.
An off-premises wine permit shall be issued for one (1) twenty-
four (24) hour period, subject to the schedule of operating
hours set pursuant to W.S. 12-5-101. No holder of a wine permit
shall receive more than twelve (12) off-premises wine permits in
any one (1) calendar year. An off-premises wine permit may be
issued on application to the appropriate licensing authority.
The local licensing authority may require payment of an
additional permit fee of not less than ten dollars ($10.00) nor
more than fifty dollars ($50.00) per twenty-four (24) hour
period.
(h) The holder of a winery permit under this section may
also hold a manufacturer's license under W.S. 12-2-203(a).