Wyoming

Updated: 09/2016

Status: Permitted

Statute

wyomingWyoming statute Title 12, Chapter 1, § 12-1-101(x) defines a Malt beverage as any fluid, substance or compound intended for beverage purposes manufactured from malt, wholly or in part, or from an substitute therefor, containing at least one-half of one percent (.5%) of alcohol by volume. Wyoming statute Title 12, Chapter 8, § 12-8-102 provides that any person may manufacture fermented or malt beverages in limited quantities. Wyoming statute Title 12, Chapter 8, § 12-10-102 provides that organized tastings and competitions may be conducted on the premises of legally licensed premises.

Discussion

§ 12-8-102(a) is a very concise statute enabling the manufacture of malt beverages in limited quantities. Under § 12-10-102, homemade beer, mead, wine or fermented juice may be served at organized tastings, competitions or related events as long as it is done so without financial consideration, and must be clearly identified and stored separately from the alcoholic stock of the licensee.

Special Provisions

N/A

State Alcohol Beverage Control Agency

Applicable Statutory Material

§ 12-1-101 Definitions.

(x) “Malt beverage” means any fluid, substance or compound intended for beverage purposes manufactured from malt, wholly or in part, or from an substitute therefor, containing at least one-half of one percent (.5% ) of alcohol by volume;

§ 12-8-102 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 punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both. Any equipment possessed and used in an illegal manner shall be confiscated by the state and disposed of as directed by the court. Nothing in this subsection shall apply to the manufacture of homemade beer, mead, wine and fermented fruit juice if the total of beer, mead, wine and fermented fruit juice produced during a calendar year does not exceed:

(i) One hundred (100) gallons in a household having one (1) person who is twenty-one (21) years of age or older; or

(ii) Two hundred (200) gallons in a household having two (2) or more persons who are twenty-one (21) years of age or older.

(b) Except as otherwise provided in W.S. 12-10-102, any person who sells any alcoholic liquor or malt beverage without holding a license or permit authorizing the sale is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($ 1,000.00), imprisonment for not more than one (1) year, or both.

§12-10-102.  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 premises or location where the licensee may legally serve alcoholic beverages. Nothing in this subsection shall be deemed to authorize any homemade beer, mead, wine or fermented fruit juice to be packaged or otherwise provided for consumption outside of the premises where the judging, tasting, exhibition, contest, competition or related event is occurring. The local licensing authority may restrict the portion of the premises that may be used for the judging, tasting, exhibition, contest, competition or related event. Homemade beers, meads, wines or fermented fruit juices provided at an event under this subsection shall not be provided for financial consideration.

(b) A licensee shall not acquire any ownership interest in homemade beers, meads, wines or fermented fruit juices stored for any period to be provided at an event under this section. The homemade beers, meads, wines and fermented fruit juices stored for the event shall be clearly identified and shall be kept separate from the alcoholic and malt beverage stock of the licensee. Nothing in this subsection shall prohibit a licensee from using homemade beers, meads, wines and fermented juices in conducting an organized event under subsection (a) of this section.

(c) As used in this section:

     (i) “Financial consideration” means value that is given or received directly or indirectly through sales, fees, charges, dues, contributions or donations. “Financial consideration” shall not include:

         (A) A tax deduction or credit for donating beer, mead, wine or fermented fruit juice to a nonprofit organization;

         (B) An event admission charge, cover charge or club or organization dues, if the amount of the charge or dues is independent of the amount of beer, mead, wine or fermented fruit juice to be provided or consumed at the event or through club or organization activities;

         (C) A prize awarded at a state or county fair or other organized judging, tasting, exhibition, contest or competition event at which consumption of a submitted beer, mead, wine or fermented fruit juice is offered without charge and only by the entrants, judges, exhibitors, contestants or competitors;

         (D) The receipt of homemade beer, mead, wine or fermented fruit juice manufactured by another person;

         (E) The receipt of beer, mead, wine or fermented fruit juice ingredients;

         (F) Wages and salaries paid by an educational organization for teaching brewing, winemaking, fermentation science or fermentation processes.

     (ii) “Homemade” means made for noncommercial purposes;

     (iii) “Noncommercial” means not sold, offered for sale or otherwise conditioned upon the provision or receipt of financial consideration.

Note: The information presented here is to the best of our knowledge and should not be used as a substitute for legal advice specific to the laws of your state.

 
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