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 Sylvania
 Code of Ordinances
 Part II. CODE OF ORDINANCES
 Chapter 6. ALCOHOLIC BEVERAGES

  § 6-17. Transferability of license.  

Latest version.

  • (a)

    Generally. Licenses under this chapter shall not be transferable except as provided in this section.

    (b)

    Sole proprietor. If the holder of this license is the sole proprietor of the business, the license may, in the discretion of the mayor and council, be transferred to the personal representative of his estate or to a member of his immediate family upon the sole proprietor's death, provided that such person meets all of the qualifications set forth in section 6-5. If the holder of the license on behalf of the sole proprietor is not the owner of the business, but rather is the person having the primary responsibility for managing the business to be operated on the premises, and such person ceases to be the person with such primary responsibility, the license may, in the discretion of the mayor and council, be transferred to a person meeting all qualifications set forth in section 6-5.

    (c)

    Corporations. If the holder of the license on behalf of a corporation ceases to be either the person having the primary responsibility for managing the business to be operated on the premises, or the holder of the majority of shares in the corporation, subsequent to the issuance of the license, the license may, in the discretion of the mayor and council, be transferred to a person meeting all qualifications set forth in section 6-6.

    (d)

    Partnerships. If the holder of the license on behalf of a partnership ceases to be either the person having primary responsibility for managing the business to be operated on the premises, or a general partner in the business, subsequent to the issuance of the license, the license may, in the discretion of the mayor and council, be transferred to a person meeting all qualifications set forth in section 6-7.

    (e)

    Sale of licensed premises. No license shall be transferred from one business entity to another upon the sale or lease of the licensed premises. However, this subsection shall not apply to a sole proprietor or to a partnership which continues its business on the licensed premises in the form of a corporation after issuance of the license provided that the sole proprietor remains the owner of 100 percent of the shares in the corporation, or in the case of a partnership, as long as the same partners remain the owner of 100 percent of the shares in the corporation.

    Provided further, if there is a transfer in ownership of the licensee, but the manager for a new applicant remains the same as the former licensee, and that manager was the holder of the license on behalf of the former licensee, and shall be the holder of the license on behalf of the new applicant, the license may, in the discretion of the mayor and council, be transferred to the new applicant for a period of 90 days commencing with the date of the sale or transfer in ownership, in order for the new applicant to have the time needed to complete the application process for a license for the new applicant.

    (f)

    Transfer of location. The holder of a valid license issued as provided in this chapter may request that the license be transferred from the licensed premises to a new location of the licensed business, which license may be transferred upon approval by the mayor and council.

(Ord. No. 411, 10-2-02; Ord. No. 419, 10-21-03)