Cartersville |
Code of Ordinances |
CODE OF ORDINANCES |
Chapter 4. ALCOHOLIC BEVERAGES |
Article II. LICENSING REQUIREMENTS |
Division 3. LICENSE |
§ 4-84. Limitations on transfer.
(a)
No license shall be transferable or assignable to any other person, except as stated in this division. If a licensed business is sold or closed, the licensee shall immediately surrender the license to the alcohol control board. Any transfer of the license to different premises requires the prior written approval of the alcohol control board.
(b)
Licenses issued pursuant to the provisions of this chapter shall not be transferable except as provided in this section.
(c)
In case of the death of any person owning a license, or any interest therein, the same may, with the approval of the governing authority and subject to the terms of this article, 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 heirs meet all of the other qualifications contained herein. 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 dispose of the license or his interest therein, but in no event to exceed six (6) months.
(d)
Nothing in this section, however, shall prohibit one (1) or more of the partners in a partnership, when the partner owning a majority interest holds a license, to withdraw from the partnership and to assign 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 article are fully complied with, and then only upon the approval of the alcohol control board.
(e)
Should a transfer of the location be approved, there shall be no pro rata return of any license fee and the new location shall meet all requirements of a new license to be issued, except payment of license fee and investigation fee.
(f)
Licenses may be transferable upon approval of the transferee in accordance with this division as if the applicant was a new applicant, including the proposed transferee complying therewith, and the payment of ten (10) percent of amount of the license fee.
(g)
For pouring licenses only, if there is a change of managers, the license may be transferred subject to a new licensee paying a fee of one hundred dollars ($100.00) and completing the application for the license holder and upon approval by the alcohol control board. This is not applicable to license holders who are also owners of the establishment.
(Ord. No. 81-05, § I, 10-6-05; Ord. No. 08-10, § 8, 3-18-10; Ord. No. 40-12, § 1, 9-6-12)