Loading...
(A) Filing of application. Any person desiring an annual license as authorized by this chapter shall make application to the town by delivering to the Town Clerk-Treasurer, on the form prepared by the State Attorney General and provided to the applicant at no charge by the Clerk-Treasurer, a completed, verified and signed form, in duplicate. Renewal of an annual license, application for transfer of ownership, and transfer of location shall be made upon the same form and in the same manner.
(B) Notice of application; form. Upon receipt of a properly completed application for an annual license, or renewal thereof, the Town Clerk-Treasurer shall promptly prepare a notice of application, place a copy of the notice at a conspicuous place at the location shown in the application and publish the notice in a newspaper of local circulation once a week for four consecutive weeks. The notice shall state that a named applicant has applied for a license, renewal, or transfer thereof, and that protests against the issuance, renewal, or transfer of the license will be heard at a designated meeting of the town. Notices will meet the requirements of this section if they are in substantially the following form:
NOTICE OF APPLICATION FOR A ______________ Notice is hereby given that on the___day of 20__, (Name of applicant) filed an application for a ___________ license in the office of the Clerk-Treasurer of the Town of Sinclair for the following described place (and room): (Insert description) Protests, if any there be, against the (issuance, transfer, or renewal) of the license will be heard at the hour of ______ .m., on the ______ day of __________, 20____ in the (designated meeting place). Dated __________ Signed ______________ Town Clerk-Treasurer |
(Prior Code, § 4-1A-1)
(A) Any annual license authorized under this chapter shall not be issued, renewed, or transferred until on or after the date is set in the notice for hearing protests.
(B) If a renewal or transfer hearing, the hearing shall be held not later than 30 days preceding the expiration date of the annual license.
(C) An annual license shall not be issued, renewed, or transferred if the town finds from evidence presented at the hearing:
(1) The welfare of the people residing in the vicinity of the proposed annual licensed premises shall be adversely and seriously affected;
(2) The purpose of this chapter will not be carried out by the issuance, renewal, or transfer of the annual license;
(3) The number, type, and location of existing annual licenses meet the needs of the vicinity under consideration;
(4) The desires of the residents of the town will not be met and satisfied by the issuance, renewal, or transfer of the annual license; or
(5) Any other reasonable restrictions or standards which may be imposed by the town shall not be carried out by the issuance, renewal, or transfer of the annual license.
(Prior Code, § 4-1A-2)
The owner or holder of an expired annual license, 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 Council.
(Prior Code, § 4-1A-3)
(A) Hearing and Council approval. After public hearing and with the approval of the Council, an annual license may be transferred to or renewed on different premises on the same basis as the original application, except that no additional annual license fee is required during the term of the annual license. A transferred annual license shall expire on the same date as the original annual license.
(B) Transfer of license by licensee.
(1) The owner of an annual license, or the executor or administrator of the estate of a deceased annual licensee, may, if proceedings are not pending to suspend, revoke, or otherwise penalize the original annual license holder, assign and transfer the annual license by a sale or transfer made in good faith.
(2) A transfer of the annual license shall not require the payment of an additional license fee and upon assignment, following proper application by the proposed licensee and approval of the transfer by the Council, the assignee may exercise the privilege of continuing the business authorized by the annual license.
(Prior Code, § 4-1A-4)
(A) Expiration date. Annual licenses shall be valid for a period of not more than one year, and shall be a personal privilege of the licensee. Annual licenses shall be renewed prior to the expiration date in accordance with the schedule established by the Clerk-Treasurer and sent to the licensees.
(B) Deceased licensees. The executor or administrator of the estate of deceased licensee, when the estate consists in whole or in part of a business of selling alcoholic or malt beverages under annual license may exercise the privilege of the deceased licensee under the license until the date of expiration of the license.
(Prior Code, § 4-1A-5)
(A) Filing of application; issuance.
(1) Application for any temporary license issued under this chapter shall be made on the form for such provided by the Clerk-Treasurer, which shall contain directions to the prospective licensee to complete the application and return such to the Clerk-Treasurer’s office.
(2) The Clerk-Treasurer shall then notify the Police Department of the issuance of the license. The Clerk-Treasurer shall issue the requested license in those cases authorized by this chapter, or where reason for denial is determined by the Clerk-Treasurer, deny the issuance of the license.
(3) In those instances where consent of the Council is required, or where the Clerk-Treasurer has refused to issue the requested license and the applicant has requested an appearance before the Council, the Clerk-Treasurer shall request that the application be placed upon the agenda for Council determination.
(B) Additional duties of Clerk-Treasurer. Upon receipt of a completed application containing approval of such from the various town departments which have been designated as potentially affected by the issuance of the requested license, the Clerk-Treasurer shall perform one of the following acts.
(1) In the event that the applicant has not requested a street closure, and has requested one or more temporary licenses, none of which require Council action pursuant to this chapter, the Clerk-Treasurer shall issue the requested license, together with a set of instructions and restrictions on the use of the license.
(2) In the event that the applicant has requested a street closure, or if the applicant has requested some other temporary license which requires Council approval before such is issued, or if the Clerk-Treasurer has refused to issue a requested temporary license and the applicant has requested in writing that the application be reviewed by the Council, the Clerk-Treasurer shall take the application and request that such be placed upon the Council agenda for future action.
(Prior Code, § 4-1A-6)
A temporary license shall be denied by the Clerk-Treasurer and referred to the Council for action if one or more of the following facts or circumstances are found to exist.
(A) The application is for a location within the town that is not located in a park or other location that has been designated for the use of malt beverages.
(B) The application is for use of an outside location in or near a residential area and is requesting a use later than 10:00 p.m.
(C) The circumstances given to the Clerk-Treasurer are such as to indicate a significant problem for the residents in the area, or an adjacent area, which problems may include traffic, noise, light, odor, or other significant annoyances.
(D) The town has received complaints about previous licenses for substantially the same circumstances as are present in the current application.
(Prior Code, § 4-1A-7)
ANNUAL LICENSES
Loading...