13
illegal transfer will be deemed to have been attempted and the license shall become null and void if there has been a
buyout, a takeover or any other transaction involving the sale or transfer of more than fifty percent (50%) of the
stock or assets of the corporation. A license issued to an individual or a partnership shall cease upon the death of the
licensee or a partner of a licensee and shall not descend by the laws of testate or intestate devolution. However, the
executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt
licensee, when the estate consists in part of alcoholic liquormay, uponwritten notice to theCommissioner, continue
the business of the sale of alcoholic liquor under the order of the appropriate court. In such cases, the executor,
administrator or trusteemay exercise the privileges of the deceased or insolvent or bankrupt licensee after the death
of decedent, or such insolvency or bankruptcy until the expiration of the license, or until six (6) months after the
death, bankruptcy or insolvency of the licensee, whichever occurs first. If a corporation towhom a license has been
issued is ordered into receivership or files for bankruptcy, the receiver or trustee may continue the operation of the
business under the existing license under order of the appropriate court until the expiration of the license or until the
passage of six (6) months from the date of appointment of a receiver or trustee, whichever comes first. Upon the
death of any person owning five percent (5%) or more of the shares in a closely held corporation, the Commission
shall be notified and if the shares are transferred to a person who is not currently named in the application as a
shareholder, then the licensee shall apply for a new license.
Upon the alienation, sale, transfer, assignment or
donation of the business that underlies
the license to any third party or person other than the licensee, the liquor
license shall
automatically become void and the number of available licenses in that classification as
authorized by
the Corporate Authorities shall automatically and immediately be reduced
by one. Any licensed establishment that
has discontinued the sale or service of alcoholic liquor or
that has not been open for business at least four (4) days
per week for a period of thirty
(30) days or more shall automatically forfeit its license. Upon forfeiture of the
license, the
number of available licenses in that classification as authorized by the Corporate Authorities shall
automatically and immediately be reduced byone. This forfeiture shall not apply in instanceswhere the licensee has
previously notified the Commissioner, in
writing, of intent to close the premises for a portion of a year for
remodelingor other
similar purpose.
3-2-16: CHANGEOFLOCATION
A liquor license shall permit the sale of alcoholic liquor only on the premises described in the application and
license. Such location may be changed only upon written permission to make such change, issued by the
Commissioner after a report to the City Council. No change of location shall be permitted unless the proposed new
location is a proper one for the sale of alcoholic liquor under the laws of this State and the regulations of theCity.
3-2-17: POSTINGLICENSE;CONFISCATION