Wyoming Administrative Code › Agency 011 - Revenue Dept › Sub-Agency 0007 - Liquor Distribution › Chapter 20 - LIQUOR DIVISION METHODOLOGY › Section 20-8 - Representative Licenses and Standards of Business

Current through July 13, 2024
(a.)
				Representative License. All distillery, brewery and winery vendors' agents,
				salesmen, solicitors, brokers, sales consultants, a nd representatives shall be
				licensed with the Division in accordance with the provisions of these rules. No
				individual shall act as an agent, salesman, broker, sales consultant, or
				solicitor for any vendor in promoting the sales of a vendor's products in
				Wyoming unless he has been properly licensed.
(b.) License Fee. The fee for a class A,
				class B, or class C representative's license, as set by the division, shall be
				payable at the time of application to the Liquor Division, at 1520 East 5th
				Street, Cheyenne, Wyoming 82002.
(c.) Duration of License. A representative's
				license shall be a personal privilege, good for one (1) year unless sooner
				suspended or revoked. All licenses shall expire on June 30 of each year. All
				applications for renewal of licenses and license fees shall be filed with the
				Division forty- five (45) days prior to the date of expiration.
(d.) Verification of Employment. Application
				for a class A representative license shall be accompanied by a written
				statement from the vendor(s) whose products the applicant proposes to
				represent. The vendor's statement shall verify the applicant's employment or
				contractual arrangement, and shall contain a request that the applicant be
				licensed to represent its particular brand or brands in Wyoming. Application
				for a class B representative license shall be accompanied by a written
				statement from a class A representative. The statement from the class A
				representative shall verify the applicant's employment or contractual
				arrangement, and shall contain a request that the applicant be licensed to
				represent products represented by the class A representative. Application for a
				class C representative license shall be accompanied by a written statement from
				a class A representative indicating the event for which the class C
				representative shall be licensed.
(e.) Privileges of Licensed Representatives.
				Class A representative shall be responsible for the presentation of products,
				to the division, for listing and delisting per policies established by the
				division. Properly licensed class A or class B representatives may advertise
				and promote the sale of vendors' products and shall be permitted to call upon
				liquor licensees to insure product identification, advance notice of new
				listings, delistings, product changes, and other pertinent information.
				Licensed representatives shall not be permitted to place liquor orders from
				retail licensees with the Division.
(f.) Representation. All vendors shall notify
				the Division, in writing, upon the employment or termination of any class A
				representative promoting the sale of its products within Wyoming. A
				representative may represent more than one company. All class A representatives
				shall notify the division, in writing, upon the employment or termination of
				any class B representatives promoting the sale of assigned products within
				Wyoming.
(g.) Sampling.
Definition: Sampling is defined as displaying to a licensed
				  retailer the smallest quantity available for the buyer to determine the quality
				  of the product offered.
Sampling Rules:
Provided that all applicable state and federal laws, rules,
				  and regulations pertaining to the shipment of alcoholic beverages into Wyoming
				  are strictly adhered to, samples are not prohibited.
A class A or class B industry representative may furnish or
				  give a sample of an alcoholic beverage to a licensee, his agents or employees,
				  who have not previously purchased the brand from that industry representative.
				  For each retail establishment, such samples are limited as follows: the
				  industry representative may give not more than 3 gallons of any brand of malt
				  beverage, not more than 500 milliliters of any brand of distilled spirits, and
				  not more than 3 liters of any brand of wine. If a particular product is not
				  available in a size within the quantity limitations of this section, an
				  industry representative may furnish to a retailer the next larger size. If a
				  licensee, their agents or employees have previously purchased a product, an
				  industry representative may not furnish any samples.
The use of samples shall not be abused by the distribution of
				  unopened bottles or cases to the retail licensee in the form of a bonus of free
				  goods or an inducement for future purchases.
The seal on all sample bottles shall be broken at the time of
				  sampling.
Class A and class B representatives may be permitted to
				  purchase samples from the Division. The Division shall establish limits,
				  policies, and procedures for the individual purchase of sample products.
(h.) Advertising, Display and
				Promotional Materials.
The giving or offering of a bonus, premium, compensation or
				  other thing of value by an industry representative to any licensee, their
				  owners, officers, employees or representatives for their exclusive or personal
				  use is prohibited.
No advertisement of alcoholic beverages should:
Contain a statement, design, device, or representation which
				  is obscene or indecent.
Contain a statement, design, or device representing that the
				  use of the product has curative or therapeutic effects, if such statement is
				  untrue in any particular, or tends to create a misleading impression.
Contain an offer to a consumer of a prize, premium, or award
				  upon completion of a contest, or otherwise promote any contest among consumers
				  where a purchase is mandatory or conditional.
Contain any statement which is disparaging of a competitor's
				  products, false, or misleading in any material way.
All advertising, display and promotional materials of vendors
				  shall be sent to class A or class B representatives directly. This type of
				  material shall not be consigned to the Division.
(i.) Private Labels. The use of private or
				personal labels on any alcoholic beverage container offered for sale or use in
				Wyoming is not prohibited provided all private and personal labels have
				received approval from the Alcohol and Tobacco Tax and Trade Bureau (TTB).
				Documentation of TTB approval shall be provided to the Division prior to any
				alcoholic beverage container with a private or personal label attached being
				offered for sale or use in Wyoming.
(j.) Special Orders. Orders for merchandise
				not carried in inventory by the Division are permitted by written request from
				the retailer.
(k.) General Business
				Practices. The division shall maintain written policies and procedures
				necessary to conduct the day to day business of a wholesale operation. Parties
				affected by a policy may receive a copy by submitting a written request to the
				division.
(l.) Minimum Purchase
				Requirement.
				W.S.
				12-4-103(c) requires a
				minimum purchase requirement within the prior one year term to be eligible for
				renewal. For any retail license which may have less than a one year prior term,
				the minimum requirement shall be prorated to match the actual prior term of the
				retail license being renewed.
(m.)
				Application Reviews. Pursuant to W.S. W.S.
				W.S.
				12-4-104(d), applications
				filed with the local licensing authority shall be forwarded by the local
				licensing authority to the division and the division shall review each such
				application and certify the same as complete when appropriate. The local
				licensing authority shall be responsible for ensuring the application contains
				correct information.
(n.) Sales Tax
				and Liquor Licenses. To administer the requirement set forth in W.S.12-2- 306,
				the person stated on the liquor license or permit shall be the same person
				stated on the sales tax license unless a special circumstance exception has
				been applied for in writing to the Division by the liquor licensee or permitee
				and approved by the Director.