§ 12-7-201 — Civil action; administrative and judicial proceedings; disposition of liquors

Wyoming § 12-7-201

• Jurisdiction: Wyoming
• Title 12: Alcoholic Beverages
• Ch. 7: SUSPENSIONS AND REVOCATIONS OF LICENSES AND PERMITS
• Art. 2: REVOCATION PROCEDURE

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(a) An action to revoke any Wyoming liquor license or
permit may be brought in the name of the state of Wyoming by the
attorney general, any county attorney or the licensing authority
for the reason that the licensee or permittee has violated this
title.
(b) Actions to revoke licenses are civil actions and shall
be tried before the court without a jury. The revocation
proceedings shall be in accordance with the Wyoming Rules of
Civil Procedure, and the trial and all other matters to come
before the court shall have a priority upon the court calendar.
If, upon trial, it appears that the license or permit of the
licensee should be revoked, the court shall enter its order
accordingly. The court may revoke the license or permit upon
proof that the intent and purpose of this title has been
violated. The fact that no criminal proceeding has been
instituted or that no law with sanctions has been violated is
not a defense to the action. Upon the application of the state
and upon a showing to the satisfaction of the court that there
are probable grounds for believing the license holder's license
should be revoked, the court may issue an order suspending a
license during the pendency of an action for its revocation and
no bond shall be required as a condition to the issuance of the
suspension order. Appeal from the final district court decision
may be taken according to the Wyoming Rules of Appellate
Procedure, but the order of revocation shall remain in effect
pending a decision by the appellate court.
(c) The provisions of this section are cumulative and
shall not be construed as preventing the division from revoking
a liquor license in any case authorized by law.
(d) The division may revoke any license or permit issued
under this title for violation of any of the rules and
regulations promulgated by the department pursuant to this title
or for violation of any of the provisions of this title. Prior
to suspension or final revocation of a license or permit under
this chapter the division shall issue at least two (2) written
notices of the intent to revoke or suspend the license or permit
to the licensee. The notices shall be provided at least one (1)
week apart and the final notice shall be provided at least
thirty (30) days prior to any suspension or revocation. The
notice shall identify the violation warranting revocation or
suspension of the license or permit, the date when it will be
suspended or revoked and the ability to appeal and to continue
to operate as provided in this subsection. Unless the division
orders otherwise, a licensee may continue to operate under the
license or permit pending an appeal of a license suspension or
revocation to the state board of equalization made under this
subsection. Any appeal shall be filed with the state board of
equalization not more than thirty (30) days following the
suspension or revocation of the license or permit. Appeals
before the state board shall be conducted as a contested case
under the Wyoming Administrative Procedure Act and the state
board shall either affirm or deny the action taken by the
division. The state board may affirm an order of immediate
suspension of a license or permit if the division demonstrates
that the licensee should not be permitted to operate pending the
outcome of an appeal made under this subsection. The decision of
the state board shall be subject to judicial review under W.S.
16-3-114 except that the review shall not operate to stay a
revocation or suspension order of the division during the
pendency of the district court proceeding or during a later
appeal to the supreme court. Should the license or permit of a
licensee expire during the pendency of an appeal before the
state board or in any of the courts of this state, no new or
renewal license shall be granted by the licensing authority to
the licensee or any other person pending the outcome of the
appeal.
(e) Upon the final revocation of a liquor license or
permit, all alcoholic liquors in the possession of the license
holder and which are in merchantable condition shall be
delivered to the division which shall reimburse the license
holder for the value thereof at its then regular wholesale
prices. All malt beverages and nonmerchantable alcoholic liquors
shall be disposed of at the direction of the division.