RESOLUTION # ___111115-10_____________

RESOLUTION GIVING PUBLIC NOTICE OF LARAMIE COUNTY’S INTENT TO ENACT RULES REGARDING THE ISSUANCE AND OR RENEWAL OF LIQUOR LICENSES INCLUDING THE TRAINING AND EDUCATION OF EMPLOYEES AND SERVERS PURSUANT TO W.S. § 12-4-101

WHEREAS the Board of Commissioners of Laramie County is provided the authority to license and regulate the retail sale of alcoholic and malt beverages in Laramie County, and;

WHEREAS, The governing body of Laramie County, is directly empowered by statute to regulate in order to promote the public health, safety, morals and general welfare of Laramie County; and

WHEREAS the responsible service, consumption and sale of alcohol provides a direct benefit to the general welfare of individuals and society in Laramie County and;

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF LARAMIE COUNTY, WYOMING, that notice is hereby given to the public that the Laramie County Board of Commissioners intends to issue a resolution giving public notice of Laramie County’s intent to enact the following rules governing the training and education of individuals serving or selling alcoholic or malt beverages and requirements for the renewal or issuance of a liquor license by the governing body of Laramie County:

I. Applications for renewal of licenses and permits, together with fees, must be submitted by the date and time established by the County Clerk and in the manner required by state law.
Compliance with the following, in addition to state law and County regulations and requirements, will be evaluated by the Board of Commissioners at the time of the liquor licensee or permit renewal or issuance process except in the case of violations requiring more immediate action for suspension or revocation pursuant to W.S. § 12-7-101. Any violation or noncompliance of the following, state law or County regulations and requirements will be considered by the governing body in its decision to issue or not issue, renew, or not renew, any license or permit.
II.
Annual liquor licensee compliance criteria shall include the following in addition to the requirements imposed by state or federal law or local regulation:
A. Licensees or permittees will be required to demonstrate that they provide initial orientation training on alcohol-related sales and service for new employees and all volunteers who will be selling or furnishing alcohol, on-site managers and persons who may provide on-site physical security services upon the premises. Employees and persons involved must receive the training prior to beginning their duties. Orientation training materials must be approved by the Wyoming Department of Revenue Liquor Division and may additionally require approval of the Laramie County Sheriff.
B. Licensees or permittees must demonstrate that servers, as defined in W.S. § 12-2-401(a)(iv), on-site managers and any persons providing on-site physical security services successfully complete an alcohol training program as approved by the Wyoming Liquor Division pursuant to the division's rules and regulations. Program participants must successfully complete the program within ninety (90) days of employment or initial date of providing services for the licensee. Licensees must maintain, upon the premises, a current list of applicable employees/participants with their date of hire/service, dates of orientation training and successful completion of the division's approved training program, including any required continuing training. The list shall be available for inspection by law enforcement personnel.
C. Licensees or permittees must demonstrate the prohibition of sales to and consumption by minors within licensee's establishment or areas of service.
D. Licensees or permittees, including any on-site managers, agents or employees, must report to local law enforcement any incidents upon the premises requiring law enforcement or emergency personnel response services.

E. Licensees or permittees must prohibit and take active steps to prevent, the violation of state or local law on the premises under the control of the licensee, including but not limited to, offenses involving violence, theft, sexual assault and property destruction.
F. Violations of the foregoing may result in the suspension, non-renewal or denial or revocation of a license or permit by the Board of County Commissioner in accord with state law in addition to any other penalties provided for at law or sanctions or enforcement actions available to the governing body of Laramie County and its subdivisions.
F. The Board of Commissioners shall use the above criteria in addition to those provided for at law to assist in identifying licensees and/or their agents who repeatedly violate any applicable provisions of law. Violations while acting in the service of the licensee shall be imputed to the licensee for purposes of this section. Accordingly, a licensee may be reviewed upon the conviction of its employee(s) and/or agent(s) for violations of these rules and regulations.
G. Convictions of any alcoholic beverage laws shall be monitored by the Laramie County Sheriff’s Department or any appropriate state or local enforcement agency. Within thirty (30) days of a licensee's or agent's conviction resulting in the licensee receiving more than two convictions in any twelve (12) consecutive month period, the Sheriff will report the violations to the governing body and County Clerk. Upon direction from the governing body, the County Clerk will provide the licensee or their agent with a notice and an opportunity for public hearing. Date of the notice shall precede any hearing by at least ten (10) days. The notice shall be served by personal service or by certified, return receipt requested, and first class mail.
H. In the event that the governing body concludes there is substantial evidence that a licensee, their agent or employee has routinely failed to correct areas where violations have occurred, the governing body may request action be taken to revoke or suspend the licensee's liquor license or permit pursuant to W.S. § 12-7-101, et seq. Three or more violations of any applicable laws pertaining to the liquor license, these rules or laws applicable to the safe and lawful occupation and use of the premises licensed shall be considered prima facie evidence of a licensee's failure to remedy the violations.
J. All licensees or permittees and individuals, including volunteers, who will be conducting sales and/or involved in dispensing alcoholic liquors and malt beverages pursuant to issuance of a temporary catering or malt beverage permit must complete initial orientation training as set forth in subsection (II)(A) of this section.
K. The rules and regulations herein do not relieve any licensee or permittee from compliance with any applicable law or regulation whether said laws or regulations govern the sale of alcoholic or malt beverages or other activities on the licensee’s premises or area in which a permit is in use.

III.

The foregoing rules and regulations shall not apply to the issuance of 24 Hour malt beverage permits issued pursuant to W.S. §12-4-502(a) to any responsible person or organization who does not otherwise hold a retail, resort or other active liquor license. All other terms and conditions of law applicable to such 24 Hour malt beverage permits continue to apply nor does this exemption relieve any individual or organization from compliance with any applicable law or regulation whether said laws or regulations govern the sale of alcoholic or malt beverages or other activities on the licensee’s premises or area in which a permit is in use.
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FURTHER, BE IT RESOLVED, that copies of the foregoing resolution and any amendments thereto during the comment period may be obtained from the Laramie County Clerk’s office, 309 West 20th Street, Room 1530, Cheyenne, Wyoming, and that all interested persons may submit written comments to the Laramie County Clerk, 309 West 20th Street, P.O. Box 608, Cheyenne, Wyoming 82003 no later than 5:00 p.m. on January 2, 2012; that there shall be a public hearing on the issuance of said resolution on January 3, 2010 at 3:30 p.m. in the Laramie County Commissioners board room at 310 West 19th Street, Suite 310, on the third floor of the Historic Laramie County Courthouse in Cheyenne, Wyoming; and that this notice shall be published once in the Wyoming Tribune-Eagle/Pine Bluffs Post as soon as practicably possible.

PRESENTED, READ AND ADOPTED this 15th day of November, 2011.

BOARD OF LARAMIE COUNTY COMMISSIONERS
Dianne Humphrey, Chairman
ATTEST:

Debbye K. Lathrop, Laramie County Clerk

REVIEWED AND APPROVED AS TO FORM:

____________________________________
Mark T. Voss, Laramie County Attorney