§ 12-4-104 — Publication of notice; grant or denial; renewal preference; copy of application and notice to division; judicial review

Wyoming § 12-4-104

• Jurisdiction: Wyoming
• Title 12: Alcoholic Beverages
• Ch. 4: LOCAL LICENSES
• Art. 1: APPLICATIONS

Text

(a) When an application for a license, permit, renewal or
any transfer of location or ownership thereof has been filed
with a licensing authority, the clerk shall promptly prepare a
notice of application and publish the notice in a newspaper of
local circulation once a week for two (2) consecutive weeks.
When a county is the licensing authority, the county clerk shall
also post the notice on the official website of the county in
the manner provided in W.S 18-3-516(f). When a city or town is
the licensing authority, the city clerk shall also post the
notice on the city or town's official website if one exists.
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 licensing
authority. Each applicant shall, at the time of filing his
application, pay the clerk an amount sufficient to cover the
costs of publishing notice. Notices may be substantially in the
following form:
NOTICE OF APPLICATION FOR A ....
Notice is hereby given that on the .... day of .... (year) (name
of applicant) filed an application for a .... license (permit),
in the office of the clerk of the city (or town or county) of
.... for the following building (insert address) and protests,
if any there be, against the issuance (transfer or renewal) of
the license (permit) will be heard at the hour of ....M., on the
.... day of .... (year), in the (meeting place of the governing
body).
Dated .... Signed ....
(b) Any license or permit authorized under this title
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 no later than thirty
(30) days preceding the expiration date of the license or
permit. A license or permit shall not be issued, renewed or
transferred if the licensing authority finds from evidence
presented at the hearing:
(i) The welfare of the people residing in the
vicinity of the proposed license or permit premises shall be
adversely and seriously affected;
(ii) The purpose of this title shall not be carried
out by the issuance, renewal or transfer of the license or
permit;
(iii) The number, type and location of existing
licenses or permits meet the needs of the vicinity under
consideration;
(iv) The desires of the residents of the county, city
or town will not be met or satisfied by the issuance, renewal or
transfer of the license or permit; or
(v) Any other reasonable restrictions or standards
which may be imposed by the licensing authority shall not be
carried out by the issuance, renewal or transfer of the license
or permit.
(c) Repealed by Laws 2017, ch. 50, § 2.
(d) When any application is filed with a licensing
authority, the licensing authority shall immediately forward a
copy of the application to the division. No licensing authority
shall approve or deny an application until the division has
certified the application is complete pursuant to this
subsection. All applications shall be deemed to be certified
unless objection is made by the division within ten (10) working
days after receipt of the application. Upon approval or denial
of an application, the licensing authority shall promptly notify
the division.
(e) An applicant for a renewal license or permit may
appeal to the district court from an adverse decision by the
licensing authority. No applicant for a new license shall have a
right of appeal from the decision of the licensing authority
denying an application.
(f) Upon an appeal the person applying for renewal of a
license shall be named as plaintiff, with the licensing
authority named as defendant. During the pendency of an appeal,
a renewal license denied by a licensing authority shall not be
granted to any other applicant. Upon notice of appeal the clerk
shall transmit to the clerk of the district court a certified
copy of the application, of each protest if any, and of the
minutes recording the decision appealed from. The appeal shall
be heard as a trial de novo with evidence taken and other
proceedings had as in the trial of civil actions. The court may
accept and consider as part of the record certified documents
forwarded to the court by the clerk of the licensing authority.
The case shall be heard promptly and the procedure shall conform
to the Wyoming Rules of Civil Procedure unless other procedures
are provided for or required.