§ 6-39. License terms.

(a)

Calendar-year term.

(1)

All licenses issued under this chapter shall remain in effect for the calendar-year of issuance (i.e. for all licenses granted between January 1 and December 31 of a given calendar year, the license shall remain in effect until the close of business on December 31 of that same calendar year). No license shall extend from one calendar year to the next.

(2)

All renewal applications, containing all information required in subsection 6-36(e), and applicable fees are due on or before December 15 of the year in which the license expires, and no licensee shall have any vested right to the renewal of any city license. Renewal applications made after December 15 shall be subject to a 20 percent penalty on the applicable license fee and one percent interest per month delinquent.

(3)

No license under this chapter may be renewed if the licensee could be denied a new license under this chapter.

(b)

Transfers.

(1)

Transfer of location. The transfer of location of a business requiring an alcohol license shall be considered in the same manner as the termination of the business location and the establishment and applicant of a new business location. In the event that the transfer of a business requiring an alcohol license desires to transfer the same, or in the event that any interest in the business for which the license was issued is sold or otherwise transferred, then the purchaser or transferee of such license or interest shall apply to the city as if for an original license on or before the date on which such change of location is made.

(2)

Transfer of ownership.

a.

The transfer of ownership of a business requiring an alcohol license shall be considered in the same manner as the termination of the business and the establishment and application of a new business. In the event that the owner of a business requiring an alcohol license desires to transfer the same, or in the event that any interest in the business for which the license was issued is sold or otherwise transferred, then the purchaser or transferee of such license or interest shall apply to the city as if for an original license on or before the date on which such sale or transfer is made.

1.

Notwithstanding the foregoing, in the case of a corporation, a new alcohol license shall not be required as herein provided unless a change in stock ownership in the corporation results in ownership of more than 50 percent of the outstanding corporate stock, voting or otherwise, by persons or combinations of persons not owners of such stock at the time the license was issued. "Any interest" is defined as being an ownership of stock or control of 50 percent or more of the partnership or corporation.

2.

Notwithstanding the foregoing, one or more partners in a partnership holding a license may withdraw in favor of one or more of the existing partners.

b.

The transfer of ownership of a business shall not affect the distance requirements previously approved by the city.

c.

Upon the sale or other transfer of any interest in the business for which the license was issued, the purchaser or transferee of such interest shall be entitled to continue to operate such business for a period of no more than 60 days, pending the issuance of a new license, but only if such purchaser or transferee has filed an application with the city as required in subsection a.

d.

In case of the death of any natural person holding a city alcohol license, or any interest therein, the license may be transferred to the administrator, executor of the lawful heir or devisee of the deceased person by filing a new application with the city for the change in license ownership within 75 days of such death. The business involved may continue to operate until disposition of the application. No additional fees or business taxes shall be charged above what would be due if the business, or portion thereof, remained under the deceased person's ownership.

( Ord. No. 04-2014, § 1(Exh. A), 5-28-14 )