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WLD-031 (8/10) RENEWALS ONLY----- RENEWAL OF LICENSE AND/OR PERMIT APPLICATION FOR LIQUOR, WINERY OR MICROBREWERY NOTE TO APPLICANT: To be filed with the local licensing authority. (Hearing must be 30 days prior to expiration) To be completed by the City, Town or County Clerk: Date Filed: / / Annual Fee $ . $ . $ . Basic Fee Additonal Disp Rm Fee Total Lic Fee Collected Publishing Fee Collected $ . Required Attachments Received Yes Advertising Dates(4): Hearing Date: / / Local Licensing Number: LICENSING AUTHORITY: Begin publishing As W.S. 12-4-104(d) specifies: NO LICENSING AUTHORITY SHALL APPROVE OR DENY THE APPLICATION UNTIL THE LIQUOR DIVISION HAS CERTIFIED THE APPLICATION IS COMPLETE. A copy must be immediately forwarded to: State of Wyoming Liquor Division 1520 E 5th Street Cheyenne WY 82002-0110 Minimum Purchase Requirement: Applicant: Trade Name (dba): Premise Address: Number & Street City State Zip County Mailing Address: Number & Street or P.O. Box City State Zip Business Telephone Number: ) Fax Number: ) E-Mail Address: For the license term: Through: RETAIL: (ON PREMISE ONLY) (OFF PREMISE ONLY) (COMBINATION ON/OFF PREMISE) Have you purchased $2,000 in spirits, wines and/or malt beverages during the previous license term? YES NO RESTAURANT, RESORT, CLUB, COUNTY MALT, OR BAR AND GRILL: Have you purchased $500 in spirits, wines and/or malt beverages during the previous license term? YES NO W.S.12-4-103(c) TO BE COMPLETED BY APPLICANTS {Pursuant to W.S.12-4-102(a)} 1. Location of License: a) Give a description of the dispensing room and state where it is located in the building (ex. 10’ X 12’ room in SE corner of 1st floor of bldg). If the building is not in existence, provide the location and an architect’s drawing or suitable plans of the room and premises to be licensed: If Winery or Microbrewery also list manufacturing facility. (W.S.12-4-102(a)(i): b) Do you have an additional dispensing room? YES NO c) If yes, provide description and location: d) Provide the legal description and the zoning of the site where the applicant will sell under the license: W.S.12-4-102(a)(vii) 2. Have there been any changes in the physical location of the dispensing room since the last application was filed? (If yes, submit a drawing of the changes in the dispensing room.) YES NO a) Do you anticipate any changes in the next twelve (12) months? YES NO FILING FOR TYPE OF LICENSE OR PERMIT To Assist the Liquor Division with NEW (CHOOSE ONLY ONE) scheduling inspections: TRANSFER LOCATION RETAIL LIQUOR LICENSE TRANSFER OWNERSHIP on-premise only DO YOU OPERATE? off-premise only combination on/off premise FULL TIME (e.g. Jan through Dec) FILING IN (CHOOSE ONLY ONE) RESTAURANT LIQUOR LICENSE CITY OF RESORT LIQUOR LICENSE SEASONAL/PART-TIME COUNTY RETAIL or SPECIAL MALT COUNTY OF BEVERAGE PERMIT (specify months of operation) VETERANS CLUB FRATERNAL CLUB from to GOLF CLUB SOCIAL CLUB DAYS OF WEEK (e.g. Mon through Sat) FILING AS (CHOOSE ONLY ONE) MICROBREWERY INDIVIDUAL LLC WINERY PARTNERSHIP LLP BAR AND GRILL HOURS OF OPERATION (e.g. 10a - 2a) CORPORATION LTD PARTNERSHIP ASSOCIATION LOCATED WITHIN 5 MILES OF ORGANIZATION CITY (County License only) ---PAGE BREAK--- WLD-031 (8/10) 3. Leases: If the premises are not owned by licensee, attach a copy of the lease agreement which shows that the right to occupy the premises continues through the term of the license and contains an agreement that alcoholic or malt beverages may be sold upon the leased premises. Please indicate the page and paragraph of lease that shows the date of expiration. W.S.12-4-103(a)(iii) a) DATE lease expires: located on page paragraph of lease document. b) Provision for SALE of alcohol or malt beverages located on page paragraph of lease document. 4. Restaurant and Bar and Grill Liquor Licenses Only: a) Gross sales figures and percentages of income derived from: Gross Sales: W.S.12-4-408(b) Food Sales: Liquor Sales: b) Did you attach a copy of your valid food service permit to this application. YES NO W.S.12-4-407(a), W.S.12-4-413(a) 5. If applicant is a Microbrewery: a) Did you produce over 100 barrels (3,100 gallons) but less than 15,000 barrels (465,000 gallons during the previous license term? W.S.12-1-101(a)(xix) YES NO b) Do you self distribute your products? YES NO c) Do you distribute your own products through an existing malt beverage wholesaler? YES NO 6. If applicant is an Individual(s) or Partnership: State the name, date of birth and residence of the applicant and of each applicant or partner, if the application is made by more than one individual or partnership. If the application is for a Club: State the name, date of birth and residence of each officer. True and Correct Name Date of Birth DO NOT LIST PO BOXES Residence Address, Street, City, State & Zip Residence Phone Number Have you been a DOMICILED resident for at least 1 year and not claimed residence in any other State in the last year? Have you been Convicted of a Felony Violation? Have you been Convicted of a Violation Relating to Alcoholic Liquor or Malt Beverages? YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO (If more information is required, complete in identical form, on a separate piece of paper and attach to this application.) 7. If the applicant is a Corporation, Limited Liability Company, Limited Liability Partnership or Limited Partnership: State the name, date of birth and residence of each stockholder holding, either jointly or severally, ten percent (10%) or more of the outstanding and issued capital stock of the corporation, limited liability company, limited liability partnership, or limited partnership, and every officer, and every director. True and Correct Name Date of Birth DO NOT LIST PO BOXES Residence Address, Street, City, State & Zip Residence Phone Number No of years in corp or LLC % of Stock Held Have you been Convicted of a Felony Violation? Have you been Convicted of a Violation Relating to Alcoholic Liquor or Malt Beverages? YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO (If more information is required, complete in identical form, on a separate piece of paper and attach to this application.) VERIFICATION OF APPLICATION (Requires signatures by ALL Individuals, ALL Partners, ONE LLC Member, TWO Corporate Officers or Directors, except that if all the stock of the corporation is owned by ONE individual then that individual may sign and verify the application upon his oath, or TWO Club Officers.) W.S.12-4-102(b) Under penalty of perjury, and the possible revocation or cancellation of the license, I swear the above stated facts, are true and accurate. Dated this day of Applicant THE STATE OF WYOMING COUNTY OF SS. Applicant Subscribed and sworn to before me by this day of Witness my hand and official seal. Notary Public or Person Authorized to Administer Oath My Commission expires: FOR LIQUOR DIVISION USE ONLY Reviewer Initials Date Agent: Chief: Acct: } ---PAGE BREAK--- Updated 3/08 Guide to Liquor Licensing Applicant Packet City of Cody PO Box 2200 Cody, WY 82414 [PHONE REDACTED] Fax [PHONE REDACTED] ---PAGE BREAK--- 1 Liquor Licensing Overview The City of Cody is granted the authority by the State of Wyoming to license and regulate the retail sale of alcoholic and malt beverages. The application process takes approximately 4-6 weeks to complete. Once an application has been submitted the City must advertise for four consecutive weeks then hold a public hearing. The City Council meets the first and third Tuesday of each month and the public hearing will be scheduled for the first available meeting after the publication requirements have been satisfied. The term for annual licenses issued by the City of Cody runs from August 1st through July 31st of each year. Annual fees for new licenses issued during this term will be pro-rated from the date of issuance through July 31st. State statues governing liquor licenses are available at http://legisweb.state.wy.us/titles/statutes under Title 12 Alcoholic Beverages. City Ordinances governing liquor licenses are available on line at http://www.cityofcody-wy.gov under Title 3 Chapter 2 Alcoholic Beverages. It is the responsibility of all applicants and existing licensees to read and comply with all applicable State Statutes and City Ordinances. Any violation of Title 12 of the Wyoming State Statutes is sufficient cause for the suspension of a liquor license and in cases of gross violation the revocation of a license. The City of Cody may suspend any liquor license if the licensee fails to pay sales taxes and the Liquor Division has ceased the sale of alcoholic liquor to the licensee. For questions regarding the State Statues for liquor licensing contact: Wyoming Liquor Division 1520 East 5th Street Cheyenne, WY 82002-0110 [PHONE REDACTED] ---PAGE BREAK--- 2 License Types & Fees Annual Licenses Retail License Allows the sale of alcoholic and malt beverages for consumption on premise, off-premise or both. The number of licenses available is based on population formula. W.S. 12-4-201 Annual Fee: $1,000 2nd Dispensing Room: $666.67 Restaurant License Allows service bar dispensing of alcoholic and malt beverages to patrons seated in dining areas of full service restaurants for on-premise consumption. The business must operate as a full service restaurant at which waiters or waitresses deliver food and drink offered from a printed menu at tables or booths. The service of only fry orders or such food as sandwiches, hamburgers or salads shall not be deemed a restaurant for the purpose of obtaining a liquor license. Alcohol sales cannot exceed 40% of gross sales. W.S. 12-4-407 Annual Fee: $750 Resort License Allows the sale of alcoholic and malt beverages for on-premise consumption within the contiguous boundaries of a resort. Resort must have a value of $1 million (not including land), at least a 100 seat convention facility and a minimum of 100 hotel rooms. W.S. 12-4-401 Annual Fee: $1,000 Club License Allows clubs such as veterans, fraternal organizations, golf or social clubs to sell alcoholic and malt beverages for on-premise consumption to members and their accompanied guests. W.S. 12-4-301 Annual Fee: $400 2nd Dispensing Room: $266.67 Bar & Grill License Allows a restaurant to have a bar or lounge area in which patrons can consume alcoholic and malt beverages without being served food. Alcohol sales cannot exceed 40% of gross sales and other restrictions applicable to a restaurant liquor license apply. The number of licenses available is based on population formula. W.S. 12-4-413 Annual Fee: $1,500 2nd Dispensing Room: $1,000 Microbrewery Permit Allows brewing of malt beverages for sale on and off premise. Off premise sales are not to exceed 2,000 oz per sale. On-premise sale of other malt beverages may be authorized. Marketing product to wholesalers requires State authorization. May be jointly held with other licenses. W.S. 12-4-412 Annual Fee: $400 ---PAGE BREAK--- 3 Winery Permit Allows fermenting of juices into wines for sale on and off premises. Off-premise sales are limited to 2,028 oz per sale. On-premise sale of other wines may be authorized. May be jointly held with other licenses. W.S. 12-4-412 Annual Fee: $300 Satellite Winery Permit Allows winery permit holder to sell its manufactured wine at up to three satellite locations within Wyoming. W.S. 12-4-412 Annual Fee: $100 24-Hour Permits Catering Permit Allows a retail licensee to sell alcoholic liquor and malt beverages for on-premise consumption at another location. Issuance is limited to no more than 24 times per applicant per calendar year in any one location. A public hearing is not required. W.S. 12-4-502 Per Permit Fee: $50 Malt Beverage Permit Allows a responsible individual or organization to sell malt beverages at a picnic, fair, rodeo, special holiday or similar public gathering. Issuance is limited to no more than twelve (12) times per calendar year per individual or organization at any one location. A public hearing is not required. W.S. 12-4-502 Per Permit Fee: $10 Temporary Dispensing Room Permit Allows licensees to sell alcoholic or malt beverages in one additional dispensing room in the same building designated by the original license. Issuance is limited to no more than six times per licensee in any one- year period. A public hearing is not required. W.S. 12-5-201 Per Permit Fee: $50 ---PAGE BREAK--- 4 License Transfers After a public hearing and upon approval of the City of Cody an annual license or permit may be transferred to a new owner or location. A transfer fee of $100 and an advertising fee (amount to be determined at time of application) are required for the remaining term of the license or permit. A transferred license or permit expires on the same date as the original license or permit. Restrictions on transfers may apply to certain license types; see State statutes. License Renewals Liquor licenses are valid through July 31st of each year and must be renewed annually. Renewal applications will be mailed to license holders prior to the expiration date. To renew an annual license or permit the licensee must submit a completed renewal application and required attachments no later than May 1st of each year. The City of Cody verifies receipt of all applicable attachments and reviews the applications for completeness prior to forwarding them to the Liquor Division. Renewal applications are subject to the same advertising and public hearing requirements as new and transfer license applications. The public hearing for renewal applications must take place no later than 30 days prior to the expiration date. Renewal applications that are not submitted or complete in time to meet the advertising and public hearing requirements will not be renewed and the license will expire. The advertising fee must be paid when the renewal application is submitted and the annual license fee must be paid prior to July 31st of each year. License Changes You must notify the City if any of the following information pertaining to your license changes: Change of company or business name (requires a transfer of ownership application) Change of trade name Change in partnership members Change of location (requires a transfer of location application) Change of ownership, board members or stockholders in a corporation Change in dispensing room or addition of a second dispensing room (requires prior approval of the Council and an additional fee) Change of mailing address or phone number ---PAGE BREAK--- 5 Application Process (for new, transfer, and renewal applications) Step 1 Applicant submits the appropriate liquor license application and required attachments to the City of Cody. Any person desiring a liquor license or permit must apply to the City of Cody using a State issued application form. Applicants must provide complete and detailed information about the type of business they plan to operate. An advertising fee must be paid at the time the application is submitted. Fee is subject to change based on current advertising rates. Step 2 The City of Cody verifies receipt of all applicable attachments such as lease agreements, architects drawings or suitable plans for the dispensing room, financial statements and food service permits. Additionally, the City confirms applications are fully completed and verifies the eligibility of the applicant. A public notice is prepared and published for four consecutive weeks. The public notice must also be posted conspicuously on the building or property to be licensed. Background checks on applicants may be performed. Step 3 Once filed, a copy of the application is forwarded to the Liquor Division for review. The Liquor Division will notify the City of any objections to the applications within ten (10) working days of receipt of the applications. If the deficiencies noted in the objection notice are not corrected prior to the hearing date the application will not be approved. Step 4 The City of Cody conducts a public hearing to determine if license approval is in the best interest of the public. If the license is approved the license is granted. If an application for a new or transfer license is denied no right of appeal is afforded to the applicant and the process ends. If a renewal application is denied the applicant may appeal to the District Court. ---PAGE BREAK--- 6 Applicant Check List (For New License and Transfer Applications) Is the applicant section complete? Formerly Held By (for transfers of ownership only) Applicant Name Business Telephone Trade Name Fax Number Premise Address E-Mail Address Mailing Address **Leave the Term of License question blank Are the following sections complete: Filing For Do you Operate Filing In Days of Week Filing As Hours of Operation Type of License Are the licensed dispensing room(s) description and legal description of the property correctly listed? (Question #1 a, b & c) *NOTE* If the building is not yet in existence, are the required architect’s drawings or suitable plans of the room and premises to be licensed attached? If the applicant does not own the building is a copy of a valid lease attached? (Question Is the lease in the same name as the applicant listed on the application? Does the lease cover the term of the license and does the lease provide for the sale of alcohol? *NOTE* The lease must cover the term of the license. Month-to-month leases and leases that expire during the term of the license are not acceptable. Leases must be signed by all parties to be considered valid. For new applicants, is a statement of financial condition attached? *NOTE* The statement of financial condition must be issued in the same name listed as the applicant on the application form. For restaurant and bar & grill liquor license applicants, is a copy of a valid food service permit attached? *NOTE* The food service permit must be issued in the same name listed as the applicant on the application form. Have you completed in full Questions #3 through #16? Have all signatures been properly notarized? ---PAGE BREAK--- 7 If this is a transfer of ownership application, is a letter from the current license holder authorizing the transfer of ownership attached? *NOTE* The transfer authorization letter must be issued in the same name listed as the applicant on the application form. Have all fees been paid? Advertising Fee License Fee Transfer Fee *NOTE* The advertising fee and transfer fee must be paid at the time the application is submitted. The license fee must be paid before the license is issued. The applicant may not sell alcoholic or malt beverages until all fees have been paid. Fees are non-refundable. Have you reviewed the application and confirmed that all questions been answered completely? Are all required attachments correct, complete and attached to your application? ---PAGE BREAK--- 8 Applicant Check List (For Renewal Applications) Is the applicant section complete? Applicant Name Business Telephone Trade Name Fax Number Premise Address E-Mail Address Mailing Address **Leave the Term of License question blank Are the following sections complete: Filing In Do you Operate Filing As Days of Week Type of License Hours of Operation For retail licenses, is the correct box checked for on-premise, off-premise or combination sales for consumption checked? *NOTE* On-Premise Only means you do not sell package liquor, Off-Premise Only means you do not serve drinks for consumption on your property. Have the minimum purchase requirements been met? $1,000 for retail licenses $ 500 for restaurant, bar & grill, resort and club licenses *NOTE* Your license cannot be renewed if you have not met the above purchase requirements. Proof of purchase must be attached to the renewal application form. Is the change in dispensing room question #2 page 1 marked “yes”? If so, is a drawing and description of the new dispensing room attached? If the applicant does not own the building is a copy of a valid lease attached? Is the lease in the same name as the applicant listed on the application? Does the lease cover the term of the license? Does the lease provide for the sale of alcohol? *NOTE* The lease must cover the term of the license. Month-to-month leases and leases that expire during the term of the license are not acceptable. Leases must be signed by all parties to be considered valid. For restaurant and bar & grill liquor license applicants: Is a copy of a valid food service permit attached? Are the gross sales, food sales & liquor sales specified? *NOTE* You must provide actual sales figures; estimates are not acceptable. ---PAGE BREAK--- 9 For microbrewery liquor license applicants is section #5 on page 2 complete? If the applicant is an individual or partnership: Is the correct section complete? page 2) Have all questions in this section been completed for each person listed? Is the application signed by all partners and individuals? If the applicant is a corporation, LLC, LLP or LP: Is the correct section complete? page 2) Have all questions in this section been completed for each person listed? Is the application signed by at least 2 members of the company? *NOTE* A single signature on the application is permitted if all the stock in a corporation is owned by one person; or the person signing the application on behalf of the company is authorized to act on behalf of the company. Have all signatures been properly notarized? Is payment for the advertising fee attached? YOUR APPLICATION FOR RENEWAL MUST BE SUBMITTED TO THE CITY NO LATER THAN MAY 1ST