Wyoming Statutes

Wyo. Stat. § 12-5-301 (2026)

Conditions for operation.

✓ current as of May 2026

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(a) Upon approval of the licensing authority, a drive-in
area adjacent or contiguous to the licensed building 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:

          (i) The holder of the retail liquor license shall own
the area or hold a written lease for the period for which the
license was issued;

          (ii)   Repealed by Laws 2017, ch. 63, § 2.
          (iii) The area shall be well lighted and subject to
inspection by the licensing authority at any and all times;

          (iv) No walls or screens shall interfere with
observing and checking the part of the area used for orders,
delivery and payment;

          (v) No order shall be received from nor delivery made
to a person under twenty-one (21) years of age or an intoxicated
person in the area;

           (vi) No part of a publicly owned sidewalk, highway,
street or alley shall be used for taking orders or conducting
sales; and

          (vii) Alcoholic liquor or 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
beverages in the drive-in area shall not be permitted.

Notes of Decisions

Cited in 4 cases, 1983–2011 · leading case: McClellan v. Tottenhoff, 666 P.2d 408 (Wyo. 1983).

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McClellan v. Tottenhoff, 666 P.2d 408 (Wyo. 1983). · cites it 22× “This court interpreted the antecedents of §§ 12-5-301 and 12-6-101 in Parsons v. Jow, Wyo.”

Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyo. 2003). · cites it 9× “Wyo. Stat. Ann. § 12-5-301 (a)(v) (LexisNex-is 2001).”

White v. Ha, Inc., 782 P.2d 1125 (Wyo. 1989). · cites it 12× “2d at 413 (discussing the legislative establishment of a duty owed to the general public through the enactment of W.S. 12-5-301(a)(v) and 12-6-101(a)). White's action against Giovale's cannot be squeezed into either of the two pigeonholes suggested by McClellan and Mayflower,…”

Baessler v. Freier, 2011 WY 125 (Wyo. 2011). · cites it 2× “[3] Examples include a non-licensee who furnishes alcohol to an underage person (§ 12-6-101(a)), a licensee who furnishes alcohol to a minor after having received notice that the person is a minor (§ 12-5-502), a licensee who furnishes alcohol to a "habitual drunkard" after…”

— Wyo. Stat. § 12-5-301(a) — 1 case

McClellan v. Tottenhoff, 666 P.2d 408 (Wyo. 1983). “This court interpreted the antecedents of §§ 12-5-301 and 12-6-101 in Parsons v. Jow, Wyo.”

— Wyo. Stat. § 12-5-301(a)(v) — 4 cases

McClellan v. Tottenhoff, 666 P.2d 408 (Wyo. 1983). “This court interpreted the antecedents of §§ 12-5-301 and 12-6-101 in Parsons v. Jow, Wyo.”

Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyo. 2003). “Wyo. Stat. Ann. § 12-5-301 (a)(v) (LexisNex-is 2001).”

White v. Ha, Inc., 782 P.2d 1125 (Wyo. 1989). “2d at 413 (discussing the legislative establishment of a duty owed to the general public through the enactment of W.S. 12-5-301(a)(v) and 12-6-101(a)). White's action against Giovale's cannot be squeezed into either of the two pigeonholes suggested by McClellan and Mayflower,…”

Baessler v. Freier, 2011 WY 125 (Wyo. 2011). “[3] Examples include a non-licensee who furnishes alcohol to an underage person (§ 12-6-101(a)), a licensee who furnishes alcohol to a minor after having received notice that the person is a minor (§ 12-5-502), a licensee who furnishes alcohol to a "habitual drunkard" after…”

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