(A) The total number of licenses that can be issued for the sale of beer within the boundaries of the town shall be three Class A licenses, as set out in § 111.11.
(B) A holder of a license to sell beer within the boundaries of the town issued pursuant to §§ 111.01 through 111.20 will be allowed to renew the license for subsequent years provided timely application is made for renewal in accordance with the renewal provisions of §§ 111.01 through 111.20 and provided the license holder maintains the qualifications and requirements of §§ 111.01 through 111.20 and this section; provided, however, that the Town Council reserves the right to excuse the late filing of a renewal application by the most recent license holder if the late filing is shown to be the result of excusable neglect and if the showing is made to the Town Council no later than 60 days following the expiration date of the license. Such business is nevertheless required to close the business for the sale of beer from the date of expiration until such time as the license is renewed.
(C) (1) Although licenses issued pursuant to §§ 111.01 through 111.20 to sell beer within the boundaries of the town are not transferrable, and each business owner must apply for and be granted a license in accordance with the terms of §§ 111.01 through 111.20, a preference for the issuance of a license will be given to a subsequent business owner who:
(a) Purchases or otherwise acquires ownership of the business for which the prior license was issued; and
(b) Intends to continue operation of the same or substantially the same business at the same location as the prior license holder.
(2) If the successor business owner otherwise qualifies for issuance of the license, such owner will be given a preference for issuance of a license over all other qualified applicants. The most recent license holder or the successor business owner may exercise the preference by filing an application for the issuance of a license pursuant to §§ 111.01 through 111.20 and by informing the Town Clerk and Town Council in writing of the change or proposed change in ownership of the business. The application and notice can be filed at any time prior to the time the new license is issued.
(D) Upon receipt of an application filed with the Town Clerk for issuance of a license to sell beer within the boundaries of the town, the Town Clerk shall within a reasonable period of time from the receipt of such application, determine if any of the three licenses authorized to be issued pursuant to §§ 111.01 through 111.20 and this section are unissued. If any licenses are unissued, the Clerk will submit the application to the Town Council for consideration. If there are no unissued licenses, the Town Clerk will, within a reasonable period of time, inform the applicant that no licenses are currently available for issuance. The Town Clerk shall keep the application on file, and the application will be considered to be “active” for a period os six months from the date the application is received by the Clerk. If no licenses become available within a period of six months from the date the application is received by the Clerk, the application will expire and the town will have no obligation to consider the application further.
(3) On the first business day following the date the Town Council determines (based on credible and substantial information) that a prior license holder has abandoned the license.
(F) After reasonable inquiry and determination made by the Town Council that an applicant for issuance of license to sell beer within the town has met the qualifications and requirements of §§ 111.01 through 111.20, and upon a determination made by the Town Council and Clerk that a license is available for issuance, the license shall be issued to the applicant with the highest priority based on the following: first, to the holder of a preference granted by this section for issuance of a license; second, to the applicant with the earliest filed “active” application as of the date the license is deemed to be available for issuance. The license application fee will be due and payable at the time the license is issued.
(G) In addition to the revocation or suspension provisions of §§ 111.01 through 111.20, the Town Council may revoke or suspend a license to sell beer to any license holder that is determined by the Town Council, after a hearing, to not meet the qualifications and requirements of §§ 111.01 through 111.20. Suspensions under §§ 111.01 through 111.20 and this section shall be granted in the discretion of the Town Council and shall be temporary and not exceed six months in duration. Revocations shall terminate the license and all preferences that would otherwise accompany the license.
(Ord. 29B, passed 10-8-1999)