§ 12-4-415 — Microbrewery permits; authorized; conditions; fees

(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 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.
Notwithstanding W.S. 12-5-201 and for the purposes of this
subsection, "on-premises" may include a fenced or enclosed area
immediately adjacent to the licensed brewing site as approved by
the local licensing authority. The dispensing of malt beverages
in an immediately adjacent area authorized by this paragraph
shall be subject to the schedule of operating hours set pursuant
to W.S. 12-5-101. Any microbrewery permit holder shall:
(i) File a monthly report of brewed malt beverage the
permit holder produced on a form provided by the liquor
division. The report shall be filed with the liquor division not
later than the tenth day of each month following the month in
which the brewed malt beverage was produced. Any report filed
late with the liquor division shall be subject to a late filing
fee of twenty-five dollars ($25.00);
(ii) 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.
(b) The local licensing authority:
(i) May allow the sale of malt beverage obtained
through a contract brewing arrangement and other malt beverages
under a microbrewery permit for on-premises consumption when
obtained through licensed wholesale malt beverage distributors;
(ii) May allow the microbrewery to sell on site its
brewed product and its malt beverage obtained through a contract
brewing arrangement 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;
(iii) In accordance with the process established
under article 1 of this chapter, may allow the transfer of a
microbrewery permit to another location and ownership of the
microbrewery may be transferred upon approval by the local
licensing authority; and
(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 microbrewery
permit. When dual ownership of a microbrewery 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
microbrewery permit and a restaurant liquor license and W.S. 12-
4-413 shall apply to any person holding a microbrewery permit
and a bar and grill liquor license, except that either dual
holder:
(i) May sell the brewed malt beverage 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 malt
beverages authorized under the microbrewery permit;
(iii) Shall not include sales of malt beverages
authorized under the microbrewery 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 authorize a
microbrewery to operate at more than one (1) location. The local
licensing authority may require the payment of an additional
permit fee not to exceed one hundred dollars ($100.00)
regardless of the number of locations authorized for the
microbrewery. All locations shall be subject to all provisions
of this title related to the operation of a microbrewery.
(e) The holder of a microbrewery permit under this section
may also hold a manufacturer's license under W.S. 12-2-203(a).