[Adopted 9-10-1992]
This article allows for issuance on a provisional
basis of a license to those applying for an operator's license for
service or sale of alcoholic beverages. A provisional license may
only be issued to those persons who have not completed a responsible
beverage service course and exhibited proof of compliance with that
training standard set forth in current W.S.A. s. 125.17(6). A provisional
license allows time to obtain training required for working without
supervision of another licensed person in a Class A or B business
or organization.
Each applicant must be at least 18 years of
age and have completed an application form supplied by the Clerk in
order for the Board to consider approval. All arrests and convictions
of the applicant shall be disclosed on the application or an attached
sheet. The applicant for a provisional license must present with the
application proof that the applicant is enrolled in a training course
under W.S.A. s. 125.17(6)(a).
The provisional license shall be effective until
a certificate or other proof of compliance with training requirements
is presented to the Clerk. In no case will the provisional license
be effective more than 60 days after issuance. The issuance date,
final date of validity, or both, shall be placed on the license form
when issued.
Only those persons initially approved by the
Board shall receive a provisional license. The Clerk is authorized
to issue such a license. In the event that a person requests issuance
of a provisional license extension and has had no arrests or convictions
since prior Board approval, the Clerk is authorized to issue a further
license under the standards contained herein and payment of the fee.
[Amended 9-2-1999]
A sum as set by the Town Board is required to
be paid by or for the applicant prior to license issuance. This fee
amount will not exceed $15 unless state law and this article are amended.
A.
In the event that, following issuance, it is discovered
that a part of the license application was false that, in the Clerk's
judgment, might have affected the Board decision on whether to license,
including but not limited to past crimes or arrests, then the Clerk
may revoke said license. Upon making such a decision, the Clerk shall
mail or have delivered to the license holder a written notice notifying
the person of the action taken, the reason(s) for such action and
the right to have a license review hearing before the Town Board,
upon the applicant's written request.
B.
When a request for hearing is made, the Board shall
follow general procedures as set forth in W.S.A. s. 125.12, although
no complaint is required. The Clerk shall notify the licensee of the
Board time scheduled for hearing the matter, by mail or delivery.
Any mail notice in this article is sufficient if mailed by first class
to the last known address of the licensee in an envelope containing
the return address of the town or Clerk.
C.
No request for a license review hearing is valid when
received past the final day the provisional license would have been
effective.