Title 12, Title 12 — Alcoholic Beverages
10 chapters · 90 sections in this title.
W.S. § 12-5-202 Storage outside licensed premises prohibited; exception
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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…
W.S. § 12-5-301 Conditions for operation
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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 be…
W.S. § 12-5-302 Determination to forbid or restrict
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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…
W.S. § 12-5-401 Interests in licenses or permits to sell
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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…
W.S. § 12-5-402 Furnishing of money and products; payment in full for malt beverages; credit for alcoholic liquor; credit deficiencies
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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, di…
W.S. § 12-5-403 Furnishing of equipment; advertising materials; records to be kept
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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 indus…
W.S. § 12-5-405 Sale of alcoholic liquor
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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.
W.S. § 12-5-601 Delivery of alcoholic liquors and malt beverages
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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 …
W.S. § 12-6-101 Sale or possession prohibited; when possession unlawful; public drunkenness; falsification of identification; penalty; prima facie identification as defense
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Sale or possession prohibited; when possession unlawful; public drunkenness; falsification of identification; penalty; prima facie identification as defense. (a) Any person who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic liquor or malt beve…
W.S. § 12-6-102 Transporting or possessing in motor vehicle with intent to furnish to person under 21; penalties
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Transporting or possessing in motor vehicle with intent to furnish to person under 21; penalties. (a) No person who is at least twenty-one (21) years of age shall transport, or have in his possession or control, any alcoholic liquor or malt beverage, with the intent of furnishing…
W.S. § 12-6-103 Compliance
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Compliance. (a) The department of health, working with local law enforcement agencies and other local individuals and organizations shall be the lead agency in the administration of this article. Nothing contained in this section shall be construed to limit or otherwise alter the…
W.S. § 12-7-101 Causes generally
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Causes generally. Any violation of this title by any manufacturer, rectifier, wholesaler, licensee, employee or agent thereof is sufficient cause for the suspension and in the case of gross violation the revocation of the license of the licensee.
W.S. § 12-7-102 Suspension of license when revocation inadvisable
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Suspension of license when revocation inadvisable. In a proceeding for revocation of a liquor license and when a licensee is found guilty of violating W.S. 12-1-101 through 12-8-301, the district court or the division may, if it appears inadvisable to revoke the license, suspend …
W.S. § 12-7-103 Suspension of license by licensing authorities for failure to pay sales tax
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Suspension of license by licensing authorities for failure to pay sales tax. A local licensing authority may suspend any license issued under this title if the licensee fails to pay sales taxes and the division has ceased sales of alcoholic liquor to the licensee pursuant to W.S.…
W.S. § 12-7-201 Civil action; administrative and judicial proceedings; disposition of liquors
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Civil action; administrative and judicial proceedings; disposition of liquors. (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 th…
W.S. § 12-8-101 General penalty for violations
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General penalty for violations. Any person who violates any provision of this title for which no specific penalty is provided is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or …
W.S. § 12-8-102 Manufacturing, rectifying or sale without license or permit; penalties
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Manufacturing, rectifying or sale without license or permit; penalties. (a) Any person who manufactures or rectifies any alcoholic beverage without holding a manufacturer's license or who possesses a still without holding a manufacturer's license is guilty of a misdemeanor punish…
W.S. § 12-8-301 Limitation of liability
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Limitation of liability. (a) No person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person. (b) This section does not affect the liability of the intoxicated person for damages. (c) Th…
W.S. § 12-9-101 Legislative findings and intent
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Legislative findings and intent. (a) Regulation of business relations between malt beverage distributors and manufacturers serves a significant and legitimate public purpose. (b) This act is intended to control and stabilize the distribution of malt beverages in the state and com…
W.S. § 12-9-102 Definitions
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Definitions. (a) As used in this act: (i) "Brand" means any word, name, group of letters, symbol, trademark or combination thereof but not including the name of the supplier adopted and used by a supplier on a label to identify a specific beer or malt beverage and to distinguish …
W.S. § 12-9-103 Application of act
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Application of act. Any person who engages directly or indirectly in purposeful agreements or contracts in connection with the purchase of malt beverages from manufacturers or the sale of malt beverages to malt beverage distributors within this state shall be subject to the provi…
W.S. § 12-9-104 Unfair and prohibited acts
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Unfair and prohibited acts. (a) It shall be a violation of this act for a manufacturer or manufacturer's officer, agent or other representative thereof: (i) To coerce or compel, or attempt to coerce or compel, any malt beverage distributor to order or accept delivery of any malt …
W.S. § 12-9-105 Distributor's resignation; cancellation; termination; failure to renew; refusal to continue
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Distributor's resignation; cancellation; termination; failure to renew; refusal to continue. (a) Notwithstanding any agreement and except as provided in W.S. 12-9-120 or as otherwise provided in this act, a manufacturer shall not cause a distributor to resign from an agreement, o…
W.S. § 12-9-106 Good cause for terminating agreement; rights to cure
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Good cause for terminating agreement; rights to cure. (a) Notwithstanding any agreement, good cause shall exist for the purposes of a termination, cancellation, nonrenewal or discontinuance under W.S. 12-9-105(a)(iii) when all of the following occur: (i) There is a failure by the…
W.S. § 12-9-107 Burden of proof
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Burden of proof. For each termination, cancellation, nonrenewal or discontinuance, the manufacturer shall have the burden of showing that it has acted in good faith, that the notice requirements and rights to cure under this act have been complied with and that there was good cau…
W.S. § 12-9-108 Notice for terminating an agreement
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Notice for terminating an agreement. (a) Notwithstanding any agreement and except as otherwise provided in this act, the manufacturer shall furnish written notice of the termination, cancellation, nonrenewal or discontinuance of an agreement to the distributor not less than thirt…
W.S. § 12-9-109 Conditions and notice required
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Conditions and notice required. (a) Notwithstanding W.S. 12-9-105 and 12-9-106, a manufacturer may immediately terminate, cancel, fail to renew, or discontinue an agreement if any of the following occur: (i) Insolvency of the distributor, the filing of any petition by or against …
W.S. § 12-9-110 Discontinuance of production or distribution
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Discontinuance of production or distribution. Notwithstanding W.S. 12-9-105, 12-9-108 and 12-9-109, a manufacturer may terminate, cancel, not renew or discontinue an agreement upon not less than thirty (30) days prior written notice if the supplier discontinues production or disc…
W.S. § 12-9-111 Effort required by distributor
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Effort required by distributor. The distributor shall devote such efforts and resources to sales and distribution of all the manufacturer's products which the distributor has been granted the right to sell and distribute as reasonably required by the agreement between the manufac…
W.S. § 12-9-112 Waiver prohibited
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Waiver prohibited. A distributor shall not waive any of the rights granted in any provision of this act. Nothing in this act shall be construed to limit or prohibit good faith dispute settlements voluntarily entered into by the parties.
W.S. § 12-9-113 Agreement subject to act
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Agreement subject to act. The provisions of this act shall apply to all agreements between a manufacturer and distributor entered into on or after the effective date of this act.
W.S. § 12-9-114 Agreements binding on successor
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Agreements binding on successor. A successor to a manufacturer that continues in business as a manufacturer shall be bound by all terms and conditions of each agreement of the manufacturer in effect on the date of succession.
W.S. § 12-9-115 Reasonable compensation
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Reasonable compensation. (a) In the event that a distributor is terminated by a manufacturer in bad faith or for other than good cause, the distributor shall be entitled to additional compensation from the manufacturer for: (i) The fair market value of any and all assets, includi…
W.S. § 12-9-116 Remedies
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Remedies. (a) During the thirty (30) day period provided in W.S. 12-9-108, either party, in appropriate circumstances, may bring an action in the appropriate court of this state pending a final determination of the proceedings on the merits. (b) In any action brought under this a…
W.S. § 12-9-117 Contracts and the validity thereof
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Contracts and the validity thereof. No manufacturer shall effect any sale to a distributor in Wyoming except pursuant to a written contract between the manufacturer and the distributor.
W.S. § 12-9-118 Repurchase of inventory upon termination
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Repurchase of inventory upon termination. (a) Except as otherwise provided in W.S. 12-9-120, whenever any malt beverage distributor enters into a franchise agreement with a manufacturer in which the distributor agrees to maintain an inventory of malt beverages and the franchise i…
W.S. § 12-9-119 Indemnification
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Indemnification. A manufacturer shall fully indemnify and hold harmless its distributor against any losses, including, but not limited to, court costs and reasonable attorney's fees or damages arising out of complaints, claims or lawsuits, including, but not limited to, strict li…
W.S. § 12-9-120 Terminating a franchise agreement without cause; compensation; arbitration; applicability
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Terminating a franchise agreement without cause; compensation; arbitration; applicability. (a) This section shall only apply to a franchise in which the franchisor annually produces twenty-five thousand (25,000) barrels of malt beverages in aggregate or less, including the produc…
W.S. § 12-10-101 Possessing, purchasing or selling an alcohol without liquid device prohibited; exception; definition; penalties
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Possessing, purchasing or selling an alcohol without liquid device prohibited; exception; definition; penalties. (a) Except as provided in subsection (b) of this section, no person shall possess, purchase, sell or offer to sell an alcohol without liquid device. (b) This section s…
W.S. § 12-10-102 Homemade beverage tastings
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Homemade beverage tastings. (a) In addition to any other privilege granted to a licensee under this title, a licensee may conduct an organized judging, tasting, exhibition, contest or competition of homemade beers, meads, wines or fermented fruit juices, or related events, at the…