The purpose of this chapter is to regulate and license the businesses located or operating within the city for the protection and promotion of the health and welfare of the citizens of the city. (Ord. 5-90 (part))

    No person, partnership, corporation or other business association shall operate any business without first having complied with the provisions of this chapter which apply thereto. Any violation thereof shall be subject to the penalties contained in Section 1.08.010 and, in addition thereto, may have any business license revoked, suspended or denied. Each day shall be considered a separate violation. (Ord. 5-90 (part))

    A.    No person shall operate any business described in this chapter without first obtaining a license if such is required. Every business which operates under a license issued under this chapter shall exhibit the current, valid license in a conspicuous place in an area open to the public.

    B.    Any person who operates a business described in this chapter at the time of the passage of the ordinance codified in this chapter, or amendment thereto, to which includes one or more additional businesses, and who was not required to have a license prior to the passage of the ordinance codified in this chapter, or amendment thereto, shall have a period of sixty days to obtain a license, or otherwise comply.

    C.    Any person who operates a business under a license issued by the city prior to the passage of the ordinance codified in this chapter may continue to operate such business under said license until the expiration of such, but not after the tenth day of July, 1991 in any event. (Ord. 5-90 (part))

    A.    Any person initially requesting a business license must apply for such on the form designated by the city clerk. Such completed initial application shall be returned to the city clerk for review and issuance of the license.

    B.    A license shall be issued by the city clerk upon the submittal of a completed application and compliance with all other terms and conditions contained herein.

    C.    No license shall be issued for a period in excess of one year and any proscribed renewal period.

    D.    All licenses, save and except liquor licenses, shall expire on the last day of the month one year after the purchase date of the license. Applications for renewal shall be received by the city clerk or designee, prior to the expiration of the license, or an initial license, together with all supporting documentation, which shall be required of the applicant. (Ord. 5-91 (part); Ord. 5-90 (part))

    A.    In the event that a bond is required by the provisions of this title, a copy of such bond from an approved bonding company authorized to do business in the state of Wyoming, or a certified check, in the appropriate amount, shall be deposited with the city clerk attached to the application. Such bond shall be valid for the entire period of the license and any additional period necessary to correspond with any promise to deliver goods or services.

    B.    Whenever a bond is required under this chapter, the bond shall be in an amount of not less than five thousand dollars, or the amount of the aggregate cost of the work to be performed or elsewhere specified in the ordinances, whichever is greater. The bond shall be a performance bond which covers the performance of promises given to customers, including, but not limited to the delivery of goods or services. Such bond need not cover warranties, expressed or implied. (Ord. 5-90 (part))

    A.    In the event the city receives a written complaint from a citizen that a business which has posted a bond with the city for nonperformance or malperformance of the bonded actions, the city shall send notice to the business of the complaint. In the event the complaint is not corrected and notice of such given to the city within five days of the notice given to the business, the city shall give the address of the bonding company to the complainant upon request.

    B.    No bond which has a claim made against it may be released until resolution of the claim has been received by the city. (Ord. 5-90 (part))

    No license granted under this title shall be assignable or transferable from the person to whom such was issued. Any attempt to assign or transfer a license shall void such license. (Ord. 5-90 (part))

    In the event that a license is refused or denied by the city clerk, the applicant may appeal within five days of receiving notice of the decision by giving written notice of such intent to appeal to the office of the city manager. The city manager shall hold a hearing wherein the applicant shall be allowed to present evidence and argue his case, opposed by the city clerk, who may be assisted by the city attorney. Further appeal may be had to municipal court and district court utilizing the same time periods. Appellant may approach the council at any time in the appeal process to amend the ordinance. (Ord. 5-90 (part))

    A.    Minors, Unemancipated. Unemancipated minors shall be exempted from the requirements of this chapter if:  they own and operate their own business, either individually or in partnership; they have no employees; and they do not engage in a special business as defined in this chapter.

    B.    Salesmen Who Sell Only to Businesses. Nonresident salesmen who sell only to local businesses shall be exempt from the requirements of this chapter.

    C.    Couriers for Financial Institutions With Office Elsewhere. Nonresident couriers who service local financial institutions shall be exempt from the requirements of this chapter.

    D.    Liquor License Holders. Those businesses which hold a current liquor license from the city, and who do not engage in any business other than the sale of alcoholic beverages and associated activities shall not be required to obtain another business license. Those who engage in other business activities shall be required to obtain a separate license for such activities.

No organization shall conduct a bingo game to which the public is invited, or sell pull tabs to the public without first obtaining a license from the City under the requirements of this chapter.  Any organization presently conducting on-going, previously advertised games of bingo or selling pull tabs at the time of passage and publication of this ordinance shall have thirty days from the effective date in which to obtain a license. (Ord. No. 3B-94, Enacted, 03/15/94)

A license may be issued to a charitable or nonprofit organization to conduct bingo, pull tabs or other gaming activities permitted by Chapter 9.12 and the pertinent Wyoming Statutes on premises owned, leased or rented by the organization with volunteer personnel who are bona fide members of the organization.  Employees of the licensee are permitted to contribute time to the gaming activities, but may not be compensated for such time from the proceeds of the gaming activities. (Ord. No. 3B-94, Enacted, 03/15/94)

The annual nonrefundable fee for a gaming license shall be established by resolution of the City Council as per Title 1 of this code.
(Ord. No. 3B-94, Enacted, 03/15/94) (Ord. 08a-2008, Amended, 08/19/2008)

A.    A licensee shall provide to the City for the benefit of the players a bond, line of credit or other form of proof of financial responsibility in the amount of the largest possible daily award of prizes to be offered by the licensee for prizes of two thousand five hundred dollars or more.

B.    If, in the judgment of the City Clerk, or the governing body of the City, the sureties of a bond or other form of guarantee of financial responsibility are, or become, insolvent, or are no longer proper or sufficient guarantors, the City Clerk may require a new or additional bond or guarantee. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    No licensee, or applicant therefor, or an employee or volunteer thereof, may be a manufacturer, distributor or supplier of supplies or equipment used or intended or designed to be used in any game of chance.

B.    No licensee, or applicant therefor, may:

1.    Have a direct or indirect interest of any kind or amount in any entity which manufactures, distributes or supplies any type of supplies or equipment for games of chance; or,

2.    Have any members or employees of the organization serve as an officer, director, shareholder of more than two percent of the outstanding shares or as a proprietor or employee of an entity which manufactures, distributes or supplies any type of supplies or equipment for games of chance. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    Any charitable or nonprofit organization may apply for a gaming license, or a renewal thereof, on the form provided by the City Clerk, which information shall be provided under oath, together with the nonrefundable annual fee.  The application, when completed, shall contain the following information:

1.    The name, business address, mailing address, telephone number and trade name (if any) of the applicant.

2.    The location and zoning of the location where the gaming is being proposed or currently conducted.

3.    A copy of the lease or rental agreement signed by the parties thereto, if the premises are not owned by the organization, which shall contain a clause indicating that the owner of the property is aware that application for a gaming license will be made by the applicant, and that consent is specifically granted to hold gaming on the premises.

4.    In the event that the premises are not constructed at the time of the application or are to be remodeled, a copy of the plans shall be submitted.

5.    A list of the current local (as opposed to regional or national) officers and board of directors and shareholders of two percent or more of the shares, if any, of the organization, including the names, addresses, dates of birth, residency and criminal record, if any, of each.

6.    A list of the supervisory personnel of the organization, including the same information as required for the officers.

7.    A copy of the authorization issued by the Wyoming Secretary of State to do business in the State as a nonprofit organization and a copy of the decision letter issued by the U.S. Internal Revenue Service granting the organization exemption from federal income tax.

8.    Proof of any required bonding or financial responsibility as required by this chapter.

9.    A statement as to whether alcohol will be served on the premises.

10.    An amount to cover the cost of individual publication in the case of new applicants, or the prorata share of combined publication in the case of renewal applications, in addition to the license fee. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    The governing body of the City may authorize the issuance of a gaming license to any charitable or nonprofit organization which has properly applied that it finds to be a proper recipient.  The governing body of the City may refuse to issue, or restrict or condition any license upon such terms or conditions as it may find to protect the health, safety or welfare of the citizens of the City.

B.    No gaming license, or renewal thereof, shall be issued until the annual fee has been paid in full to the City.  No refund of the fee shall be made after issuance of the license.

C.    The City Clerk, after authorized by the governing body, shall issue the license to any successful applicant.  No organization shall be deemed to be authorized to conduct any gaming activity until such license has been issued in proper form.  No license shall authorize any organization other than the one indicated on the license to conduct any gaming activities. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    Only the licensee shall operate the games of chance authorized by the license, or participate in the promotion, supervision or other phase of the games.

B.    All games shall be organized and conducted in a fair and unbiased manner.  No activities which would reasonably be considered unfair to either the players or the licensee are permitted.

C.    Any game conducted from 12:01 a.m. to 6:00 a.m. shall be considered to be conducted on the previous day unless no gaming session was conducted on the previous day.

D.    All games which are advertised or otherwise promoted shall be played.  Games may have qualifying conditions, such as a minimum number of players, but such conditions shall be included in any advertising or other publicity. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    There shall be posted within the area in which gaming activity is conducted a conspicuously placed and readable sign stating the odds of winning in each game to be played at the location and at the session.

1.    For bingo, the odds shall be calculated for a single bingo card played with ninety nine other random bingo cards.  Odds need not be posted for games with guaranteed winners or for games where the odds of winning are less than five hundred to one (500:1).

2.    For pull tabs the odds shall be calculated from a single pull tab from a particular unopened set.

B.    All advertising or promotion by the licensee shall include a listing of the prizes or combination of prizes.  Advertising includes, but is not limited to, signs, flyers, handbill, radio ads, television ads, and newspaper ads whether published, posted or distributed.  All advertising shall be in compliance with the Rawlins Code. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    The number and amount of pull tabs from a set which have won or lost, the amount of payout, or other similar information which would reveal other than the posted odds of winnings or losing may be tabulated for accounting or managerial purposes but shall not be communicated to any player or potential player.

B.    No set of pull tabs may be removed from play or withdrawn from sale until not less than one hundred percent of the major prizes have been paid to the players or no sales from the set have been made for ten days when the set was available for sale.  A "major prize" is defined as any prize of eight times the purchase price of the pull tab, or greater.

C.    Each set of pull tabs shall be purchased by the licensee as a sealed premixed set.  Licensees are specifically prohibited from acquiring winning or nonwinning pull tabs separately.

D.    No person, organization, distributor or manufacturer, or any representative thereof, either with knowledge, or constructive knowledge, shall possess, display, sell, offer for sale or otherwise furnish to any person any set of pull tabs:

        1.     In which the winning pull tabs are not completely and randomly distributed and mixed among all other pull tabs in the set; or,

        2.     In which the location or approximate location of any of the winning pull tabs are, or can be, determined in advance of opening the pull tabs in any manner or by any devise, including, but not limited to, a pattern in the manufacture, assembly or packaging of the pull tabs, by markings on the pull tabs or on the container, or by use of a light. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    The City shall have the right to examine, or cause to be examined, the books and records of any licensee so far as such are related to the games of chance operated under the City license upon reasonable notice to the licensee.

B.    The City shall have the right to inquire into and examine the criminal record of any person acting as a director, officer, volunteer, supervisor or employee of a licensee upon the sole discretion of the City.

C.    The City shall have the right to inspect the premises at any time the gaming is in progress for any violations of this ordinance. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    During the gaming activity, not less than sixty percent of the gross proceeds shall be returned to the players in the form of prizes.  Merchandise prizes shall be valued at the cost of the prize to the licensee. The return percentage may be calculated on a session-by-session, weekly or monthly basis, but shall be uniform through the operations once established on not less than an annual term.

B.    All prizes shall be paid in cash at the time the winner is determined.

C.    All proceeds of gaming acquired by the licensee, after reasonable expenses, shall be used for charitable or nonprofit purposes.  Each licensee shall provide to the City an annual itemized accounting of any and all donations and charitable or nonprofit expenditures made from the proceeds.  Such information shall be provided to the City Clerk together with an application for renewal of the gaming license, or before thirty days after the expiration of the license. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    All equipment, supplies and material used in the conduct of gaming activities shall be purchased, leased, rented or otherwise acquired by the licensee at not greater than fair market value.

B.    Any sale, lease or other acquisition of equipment, supplies or material used in the conduct of gaming activities shall be considered a separate transaction from the sale, lease or rental of the premises used for the conduct of the gaming operations.  In no case shall the sale, lease or rental of premises be contingent upon the sale, lease, rental or other acquisition of equipment, supplies or material from a designated or implied person or organization. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    A volunteer, employee or supervisory personnel assisting in the conduct of gaming activities may accept a tip or gratuity from a player, but shall receive no other form of compensation for conducting or assisting in the conduct of the gaming activities.

B.    No licensee, or volunteer, employee, supervisor, director or officer thereof, shall receive, either directly or indirectly, any gift, trip prize provision or item of value from any manufacturer or distributor of gaming equipment, supplies or material, provided, however, that promotional prizes not exceeding one hundred dollars annually in a calendar year are excepted. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    Any person, organization, corporation or other entity violating the provisions of this chapter shall be guilty of a misdemeanor and subject to the punishment provided in  Section 1.08.010 of the Rawlins Code in addition to the possible suspension, denial or revocation of the license.  In the event that a violation by fictitious entity, those individuals who act to produce the violation shall be deemed to have individually violated the provisions of this Chapter.

B.    Each day of play of bingo or sale of pull tabs without a valid license shall be considered a separate offense. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    In the following instances the City may suspend a gaming license:

1.    Notice that the licensee, or a volunteer, employee, supervisor, director or officer has been convicted of a violation of the provisions of this chapter, or similar provisions related to gaming in other jurisdictions.

2.    Notice that the licensee has violated any City ordinance relating to health or safety or zoning on the premises designated in the license.

3.    Notice that the license was secured by fraud or misrepresentation, including, but not limited to, the providing of false or incorrect information on the license application.

4.    Notice that the licensee, or a director or officer thereof, or a volunteer, employee or supervisor thereof which assists in the operation of the licensed gaming, has been convicted of a crime or offense which involves dishonesty, false statement, or any felony.

5.    Notice of a violation of the liquor laws or drug laws on the premises licensed for gaming which involves a volunteer, employee or supervisor of the licensee.

B.    Upon notice of any of the conditions enumerated above in this section, the City Clerk shall send by certified mail, return receipt requested, a notice to the licensee that the license may be suspended, renewal denied, or revoked.

1.    The licensee may request a hearing in writing within a period of five working days.  If such request by the licensee is received within the specified period of time, the matter shall be set for a hearing before the Municipal Court sitting as a hearings officer.  Failure by the licensee to request a hearing shall be deemed a waiver of the right to a hearing.

2.    The hearing shall be conducted pursuant to the Wyoming Administrative Procedure Act.

3.    Notice of the date, time and location of the hearing shall be sent to the licensee not less than five working days prior to the hearing. (Ord. No. 3B-94, Enacted, 03/15/94)

A.    All gaming licenses shall expire annually on December 31 in the year for which such was issued.

B.    If renewal of an existing license is desired by a licensee, application for such must be made not later than December 1 of the year preceding the year of desired operation.  Applications received later than November 15 cannot be guaranteed that a break in operations will not be required because of publication requirements and scheduled meetings of the governing body.

C.    No transfer of ownership of a gaming license shall be permitted.  Any attempt at such transfer shall invalidate the license automatically.

D.    A transfer in the location of the premises upon which the gaming is conducted may be permitted upon application for such by the licensee and publication of the notice of intent to transfer by the City pursuant to the terms and conditions of section 5.04.070.  No fee for such transfer is required, but the licensee shall pay for the cost of publication in advance. (Ord. No. 3B-94, Enacted, 03/15/94)

In the event that any portion or section of this ordinance shall be found to be invalid or unconstitutional by any court of competent jurisdiction, that portion of the ordinance shall be considered a separate, distinct and independent provision, and such holding shall not effect the validity of the remaining portions thereof. (Ord. No. 3B-94, Enacted, 03/15/94)

(Ord. No. 6-96, Renumbered, 06/11/96, 5.08.009art)

    As used in this chapter:

    A.    "Alcoholic liquor" means any spirituous or fermented fluid, substance or compound, other than malt beverages, intended for beverage purposes which contains at least one-half of one percent of alcohol by volume.

    B.    "Building" ; means a roofed and walled structure built or set in place for permanent use.

    C.    "Club" means any of the following organizations:

    1.    A post, charter, camp or other local unit composed only of veterans and its duly organized auxiliary, chartered by the Congress of the United States for patriotic, fraternal or benevolent purposes and, as the owner, lessee or occupant, operates an establishment for these purposes within the state;

    2.    A chapter, lodge or other local unit of an American national fraternal organization and as the owner, lessee, or occupant, operates an establishment for fraternal purposes within the state.  As used in this subparagraph, an American fraternal organization means an organization actively operating in not less than thirty-six states or having been in active continuous existence for not less than twenty years, but does not mean a college fraternity.

    3.    A hall or building association of a local unit specified in subparagraphs 1 and 2 of this subparagraph, of which all of the capital stock is owned by the local unit, or its members, operating clubroom facilities for the local unit.

    4.    A golf club having more than fifty members and owning, maintaining or operating a bona fide golf course together with a clubhouse;

    5.    A social club with more than one hundred bona fide members who are residents of the county in which it is located, owning, maintaining or operating club quarters, incorporated and operating solely as a nonprofit corporation under the laws of this state and qualified as a tax exempt organization under the Internal Revenue Service Code and having been continuously operating for a period of not less than one year. The club shall have had during this one-year period a bona fide membership paying dues of at least twenty-five dollars per year as recorded by the secretary of the club, quarterly meetings and an actively engaged membership carry out the objects of the club. A social club shall, upon applying for a license, file with the licensing authority and the commission, a true copy of its bylaws and shall further, upon applying for a renewal of its license, file with the licensing authority and the commission a detailed statement of its activities during the preceding year which were undertaken and further in pursuit of the objects of the club, together with an itemized statement of amounts expended for such activities. Club members, at the time of application for a limited retail liquor license pursuant to W.S. 12-4-301 and the applicable section of this code, shall be in good standing by having paid at least one full year in dues;

    6.    "Club" does not mean college fraternities or labor unions.

    D.    "Commission " means the Wyoming Liquor Division.

    E.    "Industry representative" means and includes all wholesalers, manufacturers, rectifiers, distillers and breweries dealing in alcoholic liquor or malt beverage, and proscriptions upon their conduct shall include conduct by any subsidiary, affiliate, officer, director, employee, agent, broker or any firm member of such entity.

    F.    "Intoxicating liquor," "alcoholic liquor," "alcoholic beverage" and "spirituous liquor" are construed as synonymous in meaning and definition.

    G.    "Licensee " means a person holding a:

    1.    Retail liquor license;

    2.    Limited retail liquor license;

    3.    Resort liquor license;

    4.    Restaurant liquor license; or

    5.    Hotel/motel minibar license; or,

    6.    Microbrewery license.

    H.    "Licensing authority" means the city of Rawlins, or the Wyoming Liquor Division.

    I.    "Malt beverage" means any fluid, substance or compound intended for beverage  purposes manufactured from malt, wholly or in part, or from any substitute therefor, containing at least one-half of one percent of alcohol by weight.

    J.    "Original package" means any receptacle or container used or labeled by the manufacturer of the substance containing any alcoholic liquors or malt beverages.

    K.    "Person" means an individual person, partnership, corporation, limited liability company or association.

    L.    "Resident" ; means a domiciled resident and citizen of Wyoming for a period of not less than one year who has not claimed residency elsewhere for any purpose within a one-year period immediately preceding the date of application for any license authorized in this chapter.

    M.    "Restaurant " means space in a building maintained, advertised and held out to the public as a place where individually priced meals are prepared and served primarily for on-premise consumption and where the primary source of revenue from the operation is from the sale of food and not from the sale of alcoholic or malt beverages. The building shall have a dining room or rooms, a kitchen and the number and kinds of employees necessary for the preparing, cooking and serving of meals in order to satisfy the licensing authority that the space is intended for use as a full service restaurant. "Full service restaurant" means a restaurant at which waiters or waitresses deliver food and drink offered from a printed food menu to patrons at tables or booths. The service of only fry orders or such food and victuals as sandwiches, hamburgers or salads shall not be deemed a restaurant for purposes of this chapter.

    N.    "Room" means an enclosed and partitioned space within a building large enough for a person to enter, but not a cabinet. Partitions may contain windows and doorways, but any partition shall extend from floor to ceiling.

    O.    "Sell" or "sale" includes offering for sale, trafficking in, bartering, delivering or dispensing and pouring for value, exchanging for goods, services or patronage or an exchange in any way other than purely gratuitously. Every delivery of an alcoholic liquor or malt beverage made otherwise than by gift constitutes a sale.

    P.    "Wholesaler " means any person, except the commission, who sells any alcoholic or malt beverage to a retailer for resale.

    Q.    "Brewery" ; means a commercial enterprise at a single location producing malt beverage in quantities to exceed fifteen thousand barrels per year.

    R.    "Microbrewery " means a commercial enterprise at a single location producing malt beverage in quantities not to exceed fifteen thousand barrels per year and no less than one hundred barrels per year.

    S.    "Annual licenses" means those liquor licenses issued by the city which are valid for a period of one year and are renewable annually, and shall include retail liquor licenses, limited retail (club) licenses, resort retail liquor licenses and restaurant liquor licenses.

    T.    "Temporary licenses" means those liquor licenses which are issued by the city for specific times, not to exceed a twenty-four hour period for each time, and shall include malt beverage permits, extended club hours, open container waiver permits and catering permits.

    U.    "Minibar" ; means a closed container, refrigerated or unrefrigerated, 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.

    V.    "Permit" means a temporary liquor license issued under the provisions of this chapter.

    W.    "Permittee " means a person holding one or more of the following temporary licenses or permits:

    1.    Open container permit;

    2.    Malt beverage permit;

    3.    Extended hours permit; or

    4.    Catering permit. (Ord. 11-92 (part))

    X.    "Winery" means a commercial enterprise manufacturing wine at a single location in Rawlins in quantities not to exceed ten thousand gallons per year.

    Y.    "Operational " means offering for sale to the public alcoholic liquor and malt beverages as authorized under a license or permit issued under this chapter for not less than three consecutive months during each calendar year. (Ord. No. 6-96, Amended, 06/11/96)

    A.    For the protection of the health, safety and welfare of the residents and citizens of the City, it is declared to be in the best interest of the City, and the residents and citizens thereof, that the sale, distribution, possession and traffic of alcoholic liquor and malt beverage shall be regulated to the extent that all such activity be, and the same is, prohibited, except as provided in this chapter, and that no sale at retail or possession of such substances shall occur within the jurisdictional limits of the City except as authorized herein and the exceptions provided in Wyoming Statutes 1977, 12-1-101, et seq. reserving certain powers to the State of Wyoming. It is the intent of this chapter to totally, comply and coincide with the provisions of Wyoming Statutes 1977 12-1.101, et seq. which regulate such substances. (Ord. 11-92 (part))

    B.    It is the intent of the City not to regulate, or interfere with the regulation by the State of Wyoming, of limited transportation licenses and the common carriers that obtain such licenses. (Ord. No. 6-96, Amended, 06/11/96)

    A.    Any person desiring an annual license as authorized by this chapter shall make application to the City by delivering to the City Clerk, on the form prepared by the Wyoming Attorney General and provided to the applicant at no charge by the Clerk, a completed, verified and signed form.  Renewal of an annual license, application for transfer of ownership and transfer of location shall be made upon the same form and in the same manner.   The information contained in the application shall conform to the requirements of W.S. 12-4-102.

    B.    Upon receipt of a properly completed application for an annual license, or renewal thereof, the City Clerk shall promptly prepare a notice of application, place a copy of the notice at a conspicuous place at the location shown in the application and publish the notice in a newspaper of local circulation once a week for four (4) consecutive weeks.  The notice shall state that a named applicant has applied for a license, renewal or transfer of the license will be heard at a designated meeting of the City.  Notices will meet the requirements of this section if they are in substantially the following form:

NOTICE OF APPLICATION FOR A....

Notice is hereby given that on the _____ day of _____, 19__, (Name of Applicant) filed an application for a _____ license in the office of the Clerk of the City of Rawlins for the following described place (and room):

(Insert description)

Protests, if any there be, against the (issuance, transfer or renewal) of the license will be heard at the hour __.m. on the _____ day of _____, 19__ in the (designated meeting place.)

Dated____________             Signed____________________

                                    City Clerk

(Ord. No. 6-96, Amended, 06/11/96)

    A.    Any licensee who fails to demonstrate that his licensed alcoholic or malt beverage enterprise will be operational in a planned but not physically functional building within two years after a license or permit has been issued or transferred, or if holding a license, fails to open his business within two  years after the issuance or transfer of the license, subject to the provisions of subsection B hereof, shall not have that license renewed.

    B.    Upon application by the licensee prior to the expiration of the two year period noted in subsection A hereof, and a showing of good cause by the licensee, the City Council may extend the period in which the business or enterprise is required to become operational or open for business pursuant to this section for not more than one additional year.(Ord. No. 6-96, Enacted, 06/11/96)

    Any annual license authorized  under this chapter shall not be issued, renewed or transferred until on or after the date is set in the notice for hearing protests.  If a renewal or transfer hearing, the hearing shall be held not later than thirty days preceding the expiration date of the annual license.  An annual license shall not be issued, renewed or transferred if the City finds from evidence presented at the hearing:

    A.    The welfare of the people residing in the vicinity of the proposed annual license premises shall be adversely and seriously affected;

    B.    The purpose of this chapter will not be carried out by the issuance, renewal or transfer of the annual license;

    C.    The number, type and location of existing annual licenses meet the needs of the vicinity under construction;

    D.    The desires of the residents of the City will not be met and satisfied by the issuance, renewal or transfer of the annual license; or

    E.    Any other reasonable restrictions or standards which may be imposed by the City shall not be carried out by the issuance, renewal or transfer of the annual license. (Ord. No. 6-96, Amended, 06/11/96)

    The owner or holder of an expired annual license, or one due for expiration, has a preference right to a new license for the same location.  After the required notice and public hearing, each application claiming renewal preference shall be promptly considered and acted upon by the Council. (Ord. No. 6-96, Amended, 06/11/96)

    A.    After public hearing, and with the approval of the City Council, an annual license may be transferred to or renewed on different premises on the same basis as the original application. An additional annual license fee shall be established by resolution of the City Council as per Title 1 of this code for the remaining term of the annual license. A transferred annual license shall expire on the same date as the original annual license.

    A.     Annual licenses shall be valid for a period of not more than one (1) year, expiring each year on March 31 and shall be a personal privilege of the licensee.  Annual licenses shall be renewed prior to the expiration date in accordance with the schedule established by the Clerk and sent to the licensees.

    B.    The executor or administrator of the estate of a deceased licensee when the estate consists in whole or in part of a business of selling alcoholic or malt beverages under annual license may exercise the privilege of the deceased licensee under the license until the date of expiration of the license. (Ord. No. 6-96, Amended, 06/11/96)

    A temporary license shall be denied by the Clerk and referred to the Council for action if one or more of the following facts or circumstances are found to exist:

        1.     The application is for a location within the City that is not located in a park or other location that has been designated for the use of malt beverages;

        2.     The application is for use of an outside location in or near a residential area and is requesting a use later than 10:00 P.M.

        3.     The circumstances given to the Clerk are such as to indicate a significant problem for the residents in the area, or an adjacent area, which problems may include traffic, noise, light, odor or other significant annoyances.

        4.     The City has received complaints about previous licenses for substantially the same circumstances as are present in the current application. (Ord. No. 6-96, Amended, 06/11/96)

(Ord. No. 6-96, Renumbered, 06/11/96, 5.08.199art)

    A retail liquor license is the authority under which a licensee is permitted to sell alcoholic beverages for use or consumption, but not for resale. (Ord. No. 6-96, Amended, 06/11/96)

    A.    A limited retail liquor license, also referred to as a special club license, is the authority under which bona fide clubs are permitted to sell alcoholic and malt beverages for consumption.

    B.    The initial application for a limited retail license by a social club shall include a petition signed by not less than fifty-one percent of the current membership indicating a desire to secure a limited retail liquor license.  The form of the petition shall be prescribed by the Liquor Division of the Department of Revenue and shall include the residence address of each member signing the petition.

    C.    A club holding a limited retail liquor license shall not sell alcoholic or malt beverages for consumption anywhere except within the licensed premises and for consumption by its members and their accompanied guest only.  It shall be the duty and obligation of the club to check and regulate sale to members and their accompanied guests to insure that all alcoholic or malt beverages sold are consumed within the building, space or premises. (Ord. No. 6-96, Amended, 06/11/96)

    A.    A resort retail liquor license is the authority under which a resort complex as defined herein is permitted to sell alcoholic and malt beverages.

    B.    A resort complex is defined as a complex of structures catering to the tourist trade which:

        1.     Has an actual valuation of, or a written commitment on the part of the applicant to spend, not less than one million dollars, excluding the value of the land;

        2.     Includes a restaurant and convention facility, which convention facility shall seat not less than one hundred persons; and,

        3.     Includes motel or hotel accommodations with a minimum of one hundred sleeping rooms.

    C.    No resort license may be transferred to another location.  License ownership may be transferred to a purchaser or licensee of the licensed premises upon approval of the Council.

    D.    Resort liquor licenses do not permit the sale of alcoholic or malt beverages for consumption off the licensed premises.  The dispensing of alcoholic or malt beverages licensed to be sold  hereunder shall be controlled by the dispensing room as defined in the application. (Ord. No. 6-96, Amended, 06/11/96)

    A.    A restaurant liquor license is the authority under which the sale for consumption of alcoholic and malt beverages is permitted for a restaurant as defined in this chapter.

    B.    An initial applicant for a restaurant liquor license shall provide a statement, to the best of the applicant's knowledge, that the primary source of revenue from the operation of the restaurant will be derived from the sale of food, and not from the sale of alcoholic and malt beverages.

    C.    An applicant for the renewal of a restaurant liquor license shall provide as a part of the application a statement that not less than sixty percent of the gross sales in the preceding twelve months operation of the licensed restaurant was derived from the sale of food services.  Accompanying the application for renewal shall be a report of the annual gross sales of the restaurant, separately reporting the gross sales of each food services, and alcoholic and malt beverages.

    D.    No restaurant liquor license shall be transferred to a different location.  License ownership may be transferred to a purchaser or lessee of the licensed premises with the approval of the Council.

    E.    Restaurant liquor licenses do not permit the sale of alcoholic or malt beverages off the licensed premises.  Alcoholic and malt beverages shall be served for on-premises consumption only, and served only in dining areas which are adequately staffed and equipped for all food services offered by the restaurant.

    F.    Alcoholic and malt beverages shall be dispensed and prepared for consumption in one room upon the licensed premises separated from the dining area in which alcoholic and malt beverages may be served. No consumption of alcoholic or malt beverages shall be permitted within the dispensing room, nor shall any person other than employees over the age of twenty-one years of age be permitted to enter the dispensing room.  If a restaurant has a dispensing room separate from the dining room which is licensed prior to February 1, 1979 for purposes of alcoholic or malt beverage sales and consumption, the restaurant may dispense alcoholic and malt beverages in the separate dispensing room under a restaurant liquor license, and any person over twenty-one years of age is permitted to enter the separate dispensing room.

    G.    All sales of alcoholic and malt beverages authorized by a restaurant liquor license shall cease at the time food sales and services cease or at the time specified in this chapter if food sales and service extends beyond that time.

    H.    No restaurant licensee shall promote the restaurant as a bar and lounge, nor shall the licensee compete with a retail liquor license in activities other than dinner functions, including, but not limited to, dances, receptions and other social gatherings.  Nothing in this subsection shall require a restaurant liquor licensee to reconstruct or remodel the licensed premises existing on or before June 8, 1989. (Ord. No. 6-96, Amended, 06/11/96)

    A.    A microbrewery license is the authority under which a licensee is permitted to brew a malt beverage.

    B.    In addition to the authority granted under subsection A., a microbrewery may do one or more of the following:

        1.     Sell its own products for on-premises consumption.

        2.     Sell the malt beverages of other breweries or microbreweries when such are obtained through licensed wholesale malt distributors.

        3.     May hold, in addition to the microbrewery license, a retail liquor license, restaurant liquor license or a resort liquor license, subject to the terms and conditions for each contained in this chapter.

        4.     May sell on-site only its own product for off-premises personal consumption, but not for resale, in packaging of bottles, cans or pack not to exceed two thousand ounces per sale.

    C.    A microbrewery license shall not be transferred from its license premises.  A transfer of ownership to a purchaser or a lessee of the licensed premises shall be allowed upon approval of the Council. (Ord. No. 6-96, Amended, 06/11/96)

Fees for annual licenses will be established by resolution of the City Council as per Title 1 of this code.

(Ord. No. 6-96, Renumbered, 06/11/96, 5.08.299art)

    A.    A malt beverage permit is the authority under which a licensee is permitted to sell malt beverages only for a period not to exceed twenty-four hours per permit.

    B.    A malt beverage permit may be issued to any responsible person or organization for sales of malt beverages at a picnic, bazaar, fair, rodeo, special holiday or similar public gathering.  No alcoholic liquors, other than malt beverages, shall be sold on the premises described in the permit, nor shall any malt beverage be sold which are to be consumed off the premises.

    C.    No person or organization shall receive more than six malt beverage permits in one year.

    D.    The hours of operation contained elsewhere in this chapter shall apply to a malt beverage permit. (Ord. No. 6-96, Amended, 06/11/96)

    Any licensee holding a retail liquor license, a limited retail liquor license, a restaurant liquor license, a resort liquor license or a microbrewery license may receive a permit authorizing the sale of licensed beverages in one additional dispensing room in the same building as originally licensed  for a period not to exceed twenty-four hours. No permittee shall receive more than six permits in one year. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.170; Ord. No. 6-96, Amended, 06/11/96)

    Limited retail liquor (special club) licensees may apply to the council for an extension of the regular operating hours for the morning hours of Saturday and Sunday, such extension allowing operation until not later than four a.m. on each day for which the extension is granted. Such application for an extension shall be made to the Clerk in writing and signed by an officer of the club authorized to make such application. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.180; Ord. No. 6-96, Amended, 06/11/96)

    A.    Any responsible person or organization, in conjunction with a public or private gathering, may apply to the clerk on the form provided for such for a temporary waiver of the requirements of Section 5.08.510, Public Consumption or Possession, also referred to as an "open container waiver permit," for such areas of the city as will be affected by the event and for such time as is required for the event. Such permit may affect only those persons invited to the event, or it may affect all persons in the city, as determined by the Council.

    B.    Upon receiving a completed application form, the Clerk shall issue to the qualified applicant an open container waiver permit, except in the instances specified in Section 5.08.160. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.190; Ord. No. 6-96, Amended, 06/11/96)

    A.    Any responsible person or organization, in conjunction with a public or private gathering, with or without applying for one or more of the permits authorized in this chapter, may apply to the Clerk in writing on the form provided for such for a permit for the temporary closure of an area to vehicular traffic within the City.  Upon receipt of a completed application, the Clerk shall issue the permit, except in the instances listed in this section or in 5.08.160.

    B.    The Clerk may issue a temporary street closure permit except in those cases where one or more of the following facts are existing:

        1.     The closure will affect a business area during hours when one or more of the businesses will be open.

        2.     The closure will affect a residential area during the hours after 10:00 p.m. with accompanying increased noise from the gathering.

        3.     The closure will affect a collector street within the City, or the only convenient access for emergency vehicles to an area.

        4.     The closure will be in effect for more than six hours. (Ord. No. 11-92, Enacted, 11/3/92; Ord. No. 6-96, Amended, 06/11/96)

Temporary permit fees will be set by resolution of the City Council as per Title 1 of this code. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.200; Ord. No. 6-96, Amended, 06/11/96)

(Ord. No. 6-96, Renumbered, 06/11/96, 5.08.399art)

    A.    All licensees and permittee holding a license or temporary license or permit under this chapter shall be controlled by the schedule for hours of operations set forth in subsection B with the exception of the following temporary licenses and permits where such indicate other hours:

    1.    Open container permit issued pursuant to Section 5.08.340;

    2.    Street closure permit issued pursuant to Section 5.08.350;

    3.    Extended club hours permit issued pursuant to Section 5.08.360.

    B.    The hours of operations for all licensees and permittees shall be from six  o'clock (6:00) a.m. on each day of the week until two o'clock (2:00) a.m. the following morning, and shall have the dispensing room cleared of all persons other than employees by two thirty o'clock (2:30) a.m.

    C.    The hours of operation designated in subsection A of this section may be modified on no more than four days each calendar year by a resolution or agreement made each year by the city designating those dates during city or county fairs, rodeos, pageants, special holidays or similar public gatherings when all licensees may operate their dispensing rooms for a period of twenty-four hours beginning at six a.m. A request of the licensees for such dates to be designated shall be brought to the council not later than the last council meeting of the preceding year. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.210; Ord. No. 8A-93, Amended, 08/03/93; Ord. No. 6-96, Amended, 06/11/96; Ord. No. 9-96, Amended, 09/17/96; Ord. No. 9-96, Amended, 09/17/96)

    A.    The principal place in which alcoholic liquor and malt beverages are sold under a license or permit issued pursuant to this chapter shall be located in one room upon the premises for which the license or permit is issued and as approved by the City. Upon payment of additional fee as established by resolution of the City Council as per Title 1 of this code , a licensee may have and maintain one additional dispensing room in the same building under the authority of the original license.

    B.    Alcoholic beverages secured in the licensed room by a server may be served only in the building in which the licensed room is located and in an immediate adjacent fenced or enclosed area as approved by the City at the time of the original application, or renewal thereof. This area shall not be another building and shall be located on the licensed premises.

    C.    A licensee may separate the facility for the sale of alcoholic liquor and malt beverages for off-premises consumption from the facility used to serve customers for on-premises consumption without the payment of an additional fee. A separated facility for making sales for off-premises consumption shall be located adjoining the facility for making sales for on-premises consumption. The two facilities may be separated by a glass or other suitable partition.

    D.    If a licensee is engaged in a business operation with convention facilities as defined in Section 5.08.220, the licensee may maintain more than one additional dispensing room under the same fee referred to in subsection A of this section.

    E.    Only alcoholic liquor and malt beverages, nonalcoholic beverages, food, tobacco and national alcoholic liquor and malt beverage promotional sales items sold to the licensee bearing the name and trademark of the national alcoholic liquor or malt beverage firm or company whose product the item is advertising shall be sold and served in the dispensing room of a facility licensed or permitted pursuant to this chapter. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.220; Ord. No. 6-96, Amended, 06/11/96)

    Upon approval of the city in the original application, or the renewal thereof, a drive-in area adjacent or contiguous to the licensed room 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:

        1.     The holder of the retail liquor license shall own the area or hold a written lease for the period of time for which the license was issued.

        2.     No part of the area used for orders, delivery and making payment shall be more than forty feet distant from the licensed room.

        3.     The area shall be well lighted and subject to inspection by the city at any and all times.

        4.     No wall or screens shall interfere with observing and checking the part of the area used for orders, delivery and payment.

        5.     No order shall be received from, nor delivery made to, a person under the age of twenty-one years or to an intoxicated person in the area.

        6.     No part of a publicly owned sidewalk, highway, street or alley shall be used for taking orders or conducting sales.

        7.     Alcoholic liquor and 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 beverage in the drive-in area shall not be permitted. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.230; Ord. No. 6-96, Amended, 06/11/96)

    The city may inspect any licensed premises, including dispensing rooms and any locations where alcoholic liquors or malt beverages are served, sold, dispensed or brewed at any time the city in its sole discretion deems appropriate to insure compliance with the requirements of this chapter and the health and safety requirements imposed upon the premises. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.240; Ord. No. 6-96, Amended, 06/11/96)

    Every licensee or permittee shall display the license or permit issued in a conspicuous place viewable by the public near the location where the alcoholic liquors or malt beverage are dispensed.  (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.250; Ord. No. 6-96, Amended, 06/11/96)

(Ord. No. 6-96, Renumbered, 06/11/96, 5.08.499art)

    It is unlawful for any person or organization to knowingly submit any false information or false fact as true, or to submit a fact or piece of information without knowing such to be true or false, on an application for any license or permit authorized by this chapter, and each application being submitted shall be sworn to be true to the best of the knowledge by the person submitting such application. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.260; Ord. No. 6-96, Amended, 06/11/96)

    A.    It is unlawful for any person to consume or have in possession any alcoholic liquor or malt beverage in a container that has been opened or unsealed from the original factory closure or sealing while in or upon any public place within the City, or while in any vehicle upon the public streets, highways, roads, alleys or places open to the public for vehicular traffic, except as follows:

    1.    In such places where the sale, dispensing or consumption of alcoholic liquors or malt beverages has been licensed or permitted pursuant to this chapter;

    2.    In Bolton Park and that portion of Washington Park that lies to the east of Fifteenth Street as it goes through the park at such times as an open container waiver permit has been obtained from the city for the place and time indicated therein, but in no instance between the hours of ten p.m. and twelve noon;

    3.    Within the fenced boundaries of the Carbon County Fairgrounds, located within the City, by persons having obtained the written consent of the Carbon County Fair Board and obtained an open container waiver permit from the city for such place and time;

    4.    At such other places and times as may be licensed or permitted by the council pursuant to this chapter.

    B.    For purposes of this chapter, the term "public place" is defined as any place within the jurisdictional limits of the city which is owned by the City or any other government entity, or has been dedicated to the City, another government entity or the public, or private property upon which the public has been invited for vehicular traffic. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.270; Ord. No. 6-96, Amended, 06/11/96)

    It is unlawful for any person under the age of twenty-one years to buy, sell, drink, consume, possess or solicit the sale or purchase of alcoholic liquor or malt beverage in the City. As used in this section, possession shall also include alcohol which has been consumed and is present within the body at the time of determination. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.280; Ord. No. 6-96, Amended, 06/11/96)

    It is unlawful for any person to sell, give or deliver any alcoholic liquor or malt beverage to any person under the age of twenty-one years, provided, however, that such prohibition shall not apply to a parent or guardian providing such to his or her child in the confines of their home. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.290; Ord. No. 8-93, Amended, 08/03/93; Ord. No. 6-96, Amended, 06/11/96)

    It is unlawful for any person under the age of twenty-one years to make, use or possess any identification which falsely indicates the person's age as greater than twenty-one years, whether in the person's correct name or not, or to attempt to obtain any alcoholic liquor or malt beverage using any false identification. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.300; Ord. No. 6-96, Amended, 06/11/96)

    A.    It is unlawful for any person under the age of twenty-one years to enter or remain in the dispensing room or brewing area of any premises licensed or permitted under this chapter to dispense or brew alcoholic liquor or malt beverages.

    B.    No licensee, permittee, or agent employee or servant of a licensee or permittee shall permit any person under the age of twenty-one years to enter or remain in a dispensing room or brewing area of a licensed premises owned or operated by them.

    C.    There shall be an exception to this section for a licensee's employee under the age of twenty-one years to enter a dispensing room or brewing area in the course of their employment when such room or area is not open for the sale or dispensing of alcoholic beverages or brewing of malt beverages. (Ord. 11-92 (part)) (Ord. No. 11-92, Renumbered, 11/03/92, 5.08.310; Ord. No. 6-96, Amended, 06/11/96)

    The City Council may, upon receipt of notice from the State of Wyoming suspend the license of any licensee if the licensee has failed to pay sales tax as required by state statute and the Division has ceased sales to the licensee of alcoholic liquor to the licensee.  In the event that a license is suspended by the City Council, the affected licensee may appeal the suspension to the District Court in the manner specified in W.S. 12-4-104(f) and in accordance with the Wyoming Rules of Appellate Procedure.  The suspension shall remain in effect during the period of appeal. (Ord. No. 6-96, Enacted, 06/11/96)