A. Notice Of Application:
1. Preparation; Posting; Publication: When an application for a license, permit, renewal or any transfer of location or ownership thereof has been filed with the town council, the town clerk shall promptly prepare a notice of application and place the notice conspicuously upon the premises shown by the application as the proposed place of sale and publish the notice in the newspaper of local circulation once a week for four (4) consecutive weeks.
2. Contents: The notice shall state that a named applicant has applied for a license, permit, renewal or transfer thereof and that protests against the issuance, renewal or transfer of the license or permit will be heard at a designated meeting of the town council.
3. Cost Of Publication: Each applicant shall, at the time of filing his application, pay the town clerk the amount sufficient to cover the costs of publishing notice.
B. Hearing Required Prior To Issuance: Any license or permit authorized under this chapter shall not be issued, renewed or transferred until on or after the date set in the notice for hearing protests. If a renewal or transfer hearing, the hearing shall be held not later than thirty (30) days preceding the expiration date of the license or permit.
C. Grounds For Denial: A license or permit shall not be issued, renewed or transferred if the town council finds from evidence presented at the hearing:
1. The welfare of the people residing in the vicinity of the proposed license or permit premises shall be adversely and seriously affected;
2. The purpose of this chapter shall not be carried out by the issuance, renewal or transfer of the license or permit;
3. The number, type and location of existing licenses or permits meet the needs of the vicinity under consideration;
4. The desires of the residents of the town will not be met or satisfied by the issuance, renewal or transfer of the license or permit; or
5. Any other reasonable restriction or standards which may be imposed by the town council shall not be carried out by the issuance, renewal or transfer of the license or permit.
D. Preference Right: The owner and holder of an expired liquor license or permit or one due for expiration has a preference right to a new license for the same location. After the required notice and public hearing, each application claiming renewal preference shall be promptly considered and acted upon by the town council.
E. Appeal:
1. Renewal License Or Permit: An applicant for a renewal license or permit may appeal to the district court from an adverse decision by the town council.
2. New License: No applicant for a new license shall have a right of appeal from the decision of the town council denying an application. (1987 Code § 5.08.050)