Section 3-26 Transfers; changes of ownership; locations.

Prior to the adoption of 2001Sec3-26f on 07/23/2001, Section 3-26 read as follows.

     (a)    Licenses hereunder shall not be transferable except  as otherwise provided in this section.

     (b)    In the case of the death of any person owning a license, or any interest therein, with the approval of the city council and subject to the terms of this section, the license may be transferred  to the administrator, executor or personal representative of the deceased person, or to the heirs at law of the deceased person, if such administrator, executor, personal representative or heirs meet  all of the other qualifications contained in this section. The license of such deceased person shall be held by the administrator, executor or personal representative of such deceased person only for the time necessary to complete execution of his estate and disposition of the license or his interest  therein, but in no event to exceed six (6) months.

     (c)    Nothing in this section, however, shall prohibit one (1) or more of the partners in a  partnership holding a license from withdrawing from the partnership and assigning his interest in  such partnership to one (1) or more of the partners who were partners at the time of the issuance of  the license. Such withdrawal shall not, however, serve to bring any new ownership into the partnership, unless all provisions of this section are fully complied with, and then only upon the  approval of the city council.

     (d)    Any change in the ownership interests contained on the application shall cause the  immediate cessation of sales of any alcoholic beverages and no sales of alcoholic beverages shall  be made until any such change in the ownership interests are approved by the city council; provided, however, that this provision shall not apply in a situation where one (1) or more  individuals who have ownership interests in the license cease to have such ownership interest, but  the remaining ownership interest remains unchanged except as to the division of the remaining  interests.

     (e)    Should a transfer of the location be desired, the  location shall meet all requirements of a new license to be issued hereunder, except payment of the license fee. The investigation fee will accompany the application and the unearned portion of the license fee may be transferred to the new location in the event the transfer of location is approved by the city council.

     (f)    An application for a new license on an existing licensed location shall meet all requirements  of a new license to be issued hereunder except payment of license fee shall be waived only in the  case of a purchaser of a business where an existing license remains valid. The investigation fee will accompany the application and the unearned portion of the license fee may be transferred to the new license in the event the transfer or issuance of a new license on an existing licensed location is approved by the city council.

 (Code 1958,   5-9)