§ 6-149. Restrictions upon transfers.

Licenses under this chapter shall not be transferable as to location or ownership, except upon approval of the business license division manager and issuance of and payment for the license, subject to the following:

(1)

In case of the death of any person holding such a license or any interest therein, the license may, in the discretion of the supervisor, be transferred to the administrator, executor or the lawful heirs of the deceased person.

(2)

Nothing in this section, however, shall prohibit one or more of the partners in a partnership holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. Such a withdrawal shall not, however, serve to bring any new ownership into the partnership.

(3)

Nothing in this section, however, shall prohibit one or more principal shareholders in a corporation holding a license to withdraw from the corporation, who were principal shareholders at the time of the issuance of the license. Such a withdrawal shall not, however, serve to bring any new ownership into the corporation.

(4)

Should a transfer of a location be approved, there shall be no pro rata return of any license fee, and the new location shall be considered under and meet the requirements of a new license; except that if the transfer involves no change in the ownership of the business, then the license fee paid for the old location shall be applied to the new location.

(5)

It shall be deemed a change of ownership when an owner or licensee add an additional partner or partners or an additional stockholder or stockholders.

(6)

All applications for transfer of location shall be posted as required by section 6-94.

(7)

A change in ownership as set forth in this section requires an application for a new license and the payment of a new license fee according to the procedures in this chapter.

(8)

It shall be the duty of each licensee to promptly report any changes of any kind in the ownership or distribution of ownership to the business license division manager.

(9)

If a licensee desires to sell the business for which the license was issued, the purchaser of the business must be informed by the licensee that the purchaser of the business must make application for and obtain a license prior to operating the business. Any transfer of the business for which the license is issued without the new owners being licensed shall cause the automatic revocation of the license.

(Ord. of 8-14-73, art. III, § 31, art. IV, § 47; Ord. of 10-24-89, § I; Ord. of 9-25-90; Ord. of 5-11-93; Ord. of 3-25-97 (eff. 4-1-97); Code 1977, § 3-4-93; Ord. of 8-10-99)