Restrictions upon Licensees

Wyo. Stat. Ann. tit. 12, ch. 5
in effect

Wyo. Stat. Ann. § 12-5-101 Hours of sale generally.

(a) Repealed by Laws 2017, ch. 50, § 2. (b) Repealed by Laws 2017, ch. 50, § 2. (c) Repealed by Laws 2017, ch. 50, § 2. (d) Local licensing authorities may set hours of operation for alcohol sales provided that the hours of operation are uniformly applied to establishments similarly situated.

Wyo. Stat. Ann. § 12-5-201 Location, regulation and restrictions as to place of sale; inspections.

(a) Except as otherwise provided in this section, the principal place in which alcoholic liquor and malt beverages are sold under a license shall be located in the licensed building for which the license is issued and as approved by the licensing authority. Alcoholic beverages may be served only in the licensed building and in an immediately adjacent fenced or enclosed area as approved by the local licensing authority. This adjacent area shall not be in another building. The licensing authority shall, as often as necessary, inspect the licensed building and adjacent areas where alcoholic beverages are served to insure that the licensee is in compliance with sanitation and fire hazard requirements and other applicable laws. (b) Repealed by Laws 2017, ch. 63, § 2. (c) Repealed by Laws 2017, ch. 63, § 2. (d) Repealed by Laws 2017, ch. 63, § 2. (e) Notwithstanding subsection (a) of this section, a licensee who holds a license other than a club license issued under W.S. 12-4-301 or restaurant license issued under W.S. 12-4-407, and who is engaged in a business operation with motel or hotel sleeping room accommodations at the same premises may sell alcoholic liquor and malt beverages in sealed containers from a minibar located in any sleeping room of the licensee's motel or hotel operation occupied by a registered guest twenty-one (21) years of age or older. Sales under this subsection shall be only to registered guests age twenty-one (21) years or more, are not subject to hours of operation set pursuant to W.S. 12-5-101 and shall be only for consumption within the motel or hotel sleeping room premises occupied by the guest. Restrictions imposed upon minors under W.S. 12-6-101 apply to sales authorized under this subsection. The price imposed upon alcoholic liquor, malt beverages and all other items available for sale from the minibar shall be clearly posted. A minibar used for purposes of this subsection shall be a closed container, refrigerated or nonrefrigerated, access to the interior of which is restricted by means of a locking device requiring the use of a key, magnetic card or similar device. The appropriate licensing authority may impose additional reasonable restrictions on the operation of a minibar licensed under this subsection. (f) A holder of a resort hotel liquor license, a resort retail liquor license, a golf club that holds a retail liquor license, a restaurant liquor license or a club limited retail liquor license or a holder of a retail liquor license or restaurant liquor license operating on a guest ranch may dispense alcoholic beverages from any location within the boundaries of the licensee's premises. Any holder of a resort hotel liquor license may sell an unopened bottle of liquor or wine to a registered guest not less than twenty-one (21) years of age for consumption on the holder's premises. The premises shall be a single property within a contiguous boundary upon which the licensee is located and which shall be identified in the license. Any location on the premises where alcoholic beverages are dispensed as approved by the licensing authority shall comply with applicable sanitation and fire hazard requirements and other applicable laws. The licensing authority shall, as often as necessary, inspect the licensed location where alcoholic beverages are dispensed to ensure that the licensee is in compliance with sanitation and fire hazard requirements. (g) Repealed by Laws 2021, ch. 22, § 3. (h) Repealed by Laws 2021, ch. 22, § 3. (j) Repealed by Laws 2021, ch. 22, § 3. (k) A licensing authority may authorize a licensee holding a retail liquor license issued under W.S. 12-4-201 to hold an event in the licensed building at which persons under the age of twenty-one (21) are permitted if: (i) No alcoholic liquor or malt beverages are sold, served, consumed or possessed by any person attending the event; (ii) No alcoholic liquor or malt beverages are accessible to persons attending the event; (iii) The licensee otherwise complies with any additional conditions which may be imposed by rule and regulation of the appropriate licensing authority, including revocation of the authorization to hold the youth event. (m) Nothing under this act shall prohibit more than one (1) liquor license holder to operate within the same building provided that each licensee maintains distinct areas within the building.

Wyo. Stat. Ann. § 12-5-202 Storage outside licensed premises prohibited; exception.

A retail licensee shall not store alcoholic liquor or malt beverages outside of the licensed building unless he files with the division a written statement that he stores alcoholic liquors or malt beverages in a place other than his place of business and states the exact location of the storage place.

Wyo. Stat. Ann. § 12-5-301 Conditions for operation.

(a) Upon approval of the licensing authority, a drive-in area adjacent or contiguous to the licensed building may be used by the holder of a retail liquor license for taking orders, making delivery of and receiving payment for alcoholic liquor or malt beverages under the following conditions: (i) The holder of the retail liquor license shall own the area or hold a written lease for the period for which the license was issued; (ii) Repealed by Laws 2017, ch. 63, § 2. (iii) The area shall be well lighted and subject to inspection by the licensing authority at any and all times; (iv) No walls or screens shall interfere with observing and checking the part of the area used for orders, delivery and payment; (v) No order shall be received from nor delivery made to a person under twenty-one (21) years of age or an intoxicated person in the area; (vi) No part of a publicly owned sidewalk, highway, street or alley shall be used for taking orders or conducting sales; and (vii) Alcoholic liquor or malt beverages shall be sold and delivered in the drive-in area only in the original, unopened package and consumption of alcoholic liquor or malt beverages in the drive-in area shall not be permitted.

Wyo. Stat. Ann. § 12-5-302 Determination to forbid or restrict.

The agents and officers of the licensing authority administering the retail liquor license shall determine whether traffic conditions or physical circumstances hindering law enforcement should require a decision forbidding or restricting sales and delivery in any drive-in area. If by resolution of the licensing authority the right of a licensee to use certain drive-in areas is forbidden or restricted that resolution shall be complied with by the licensee.

Wyo. Stat. Ann. § 12-5-401 Interests in licenses or permits to sell.

(a) No industry representative shall hold any interest, stock or ownership directly or indirectly, in any license to sell products of the industry at retail under privileges of a license or permit to sell any beverage or liquor in Wyoming or in any premises so licensed. This section shall not apply to any person holding a microbrewery permit pursuant to W.S. 12-4-415 or a winery permit pursuant to W.S. 12-4-414. This section shall also not apply to a person holding a manufacturer's license under W.S. 12-2-203(a) when the license is held under the complete ownership of a retail business and to the extent he may be permitted two (2) satellite manufacturer's permits pursuant to W.S. 12-2-203(g)(i) or an off-premises permit pursuant to W.S. 12-2-203(g)(ii). (b) As used in subsection (a) of this section: (i) "Complete ownership" means that all officers, owners or members are identical for all licenses and permits held; (ii) "Retail business" means the holder of a microbrewery or winery permit.

Wyo. Stat. Ann. § 12-5-402 Furnishing of money and products; payment in full for malt beverages; credit for alcoholic liquor; credit deficiencies.

(a) Except as otherwise authorized in this section or W.S. 12-5-403, industry representatives shall not furnish, give or lend money or other things of value, directly or indirectly, to any person engaged in selling products of the industry at retail under privileges of a license or permit to sell any beverage or liquor in Wyoming. The prohibition shall extend to the giving to any person for the use, benefit or relief of the person engaged in selling the industry's products and to prohibit guaranty by the industry of a loan or other financial obligation of persons engaged at retail in selling these products. With prior approval of the applicable licensing authority, malt beverage industry representatives may furnish, give or lend money or other things of value to a licensee to support annual community events open to the public if the licensee: (i) Is a nonprofit corporation organized under the laws of this state; (ii) Is qualified as a tax exempt organization under the Internal Revenue Code; and (iii) Has been in continuous operation for a period of not less than two (2) years. (b) No sale or delivery of malt beverages shall be made by a wholesaler to any licensee except for payment in full made at the time of or prior to delivery, and a licensee shall not accept or receive delivery of malt beverages except when payment is made at or prior to delivery. (c) The division may grant credit to retailers when purchasing alcoholic liquor for a period not to exceed four (4) days from date of shipment. Payments by mail for credit shipments shall be postmarked within twenty-four (24) hours of the receipt of the shipment by the retailer. The division may seize and sell all stocks of liquor of the retailer to satisfy any credit balance. Any deficiency constitutes a lien on any proceeds received through transfer of the license or permit. If a retailer defaults in payment for a shipment under this section, no further shipments shall be made to him for a period of one (1) year except on a C.O.D. basis.

Wyo. Stat. Ann. § 12-5-403 Furnishing of equipment; advertising materials; records to be kept.

(a) Industry representatives shall not furnish, give, rent, lend or sell at cost or below, either directly or indirectly, any equipment, fixtures or supplies to any person engaged in selling products of the industry under the privileges of a retail liquor license or limited retail liquor license. No person licensed to sell products of the industry shall receive or be the beneficiary of any of the prohibited benefits. (b) The following materials when furnished free of charge to the wholesaler or an alcoholic beverage supplies representative, are exempt from subsection (a) of this section and may be furnished, given or loaned to any retail liquor licensee or limited retail liquor licensee: (i) National advertising and promotional materials bearing advertising matter and having no value to the retailer except as advertisements; (ii) Consumer advertising specialties bearing advertising matter; (iii) Retailer's advertising specialties bearing advertising matter; and (iv) Standard brewery or manufacturer's signs. (c) Repealed by Laws 1995, ch. 99, § 2.

Wyo. Stat. Ann. § 12-5-405 Sale of alcoholic liquor.

Industry representatives shall not sell or attempt to sell any alcoholic liquor within Wyoming, except to the division. Any violation of this section is a misdemeanor.

Wyo. Stat. Ann. § 12-5-601 Delivery of alcoholic liquors and malt beverages.

(a) Retail liquor licensees, microbrewery permit holders, winery permit holders, winery satellite permit holders and manufacturer licensees with a satellite location may deliver or contract to have delivered alcoholic liquors and malt beverages to customers provided: (i) All sales of alcoholic liquors and malt beverages under this subsection shall take place in the licensed building. Orders of alcoholic liquors and malt beverages may be placed by phone, online or through a mobile application. All deliveries under this subsection shall be completed during the licensee's remaining operating hours on the same day the alcoholic liquors or malt beverages are removed from the inventory of the licensed premise; (ii) No order shall be received nor shall any delivery be made to or by a person under the age of twenty-one (21) years. All deliveries shall require the purchaser to provide to the deliverer a valid government issued identification demonstrating the purchaser is twenty-one (21) years of age or older; (iii) All package sales and deliveries of alcoholic liquors and malt beverages for off-premises consumption shall be sealed. For purposes of this paragraph, "sealed" means a product enclosed: (A) In its original package and unopened; (B) In a plastic bag and heat sealed closed; or (C) In a container that has a breakable seal incorporated in the container cap. (iv) Any contract delivery service shall adhere to the requirements of this subsection when delivering alcoholic liquors and malt beverages; and (v) Microbrewery permit holders, winery permit holders, winery satellite permit holders and manufacturer licensees with a satellite location shall only deliver or contract to have delivered their respective manufactured products.
Source: WY Statutes (Official Site)URL: https://wyoleg.gov/statutes/compress/title12.pdfFetched: 10/4/2026