(A) Assignment or transfer approval required. A certificate of registration shall not be assigned or transferred, either in whole or in part, other than to an affiliate, without the prior written consent of the city. This includes an assignment or transfer by means of a fundamental corporate change or fundamental partnership change.
(B) Procedure to request assignment or transfer approval. The parties to the assignment or transfer of a certificate of registration shall make a written request to the city for its consent in the form of the certificate of registration application.
(C) Review by city. The city will review the qualifications (including, but not limited to, legal, technical and financial where appropriate) of the proposed assignee or transferee and terms of the existing certificate of registration. Within 120 days of actual receipt of the request for assignment or transfer, the city shall approve or deny such assignment or transfer request in writing, setting forth any conditions for assignment or transfer.
(D) Fundamental corporate change. For purposes of this section, FUNDAMENTAL CORPORATE CHANGE means the sale or transfer of a controlling interest in the stock of a corporation or the sale or transfer of all or a majority of a corporation’s assets, merger (including a parent and its subsidiary corporation), consolidation or creation of a subsidiary corporation. For the purposes of this section, FUNDAMENTAL PARTNERSHIP CHANGE means the sale or transfer of all or a majority of a partnership’s assets, change of a general partner in a limited partnership, change from a limited to a general partnership, incorporation of a partnership or change in the control of a partnership.
(E) Certificate of registration and assignee/transferee replacement issuance required. In no event shall a transfer or assignment of ownership or control be ultimately acceptable to the city without transferee or assignee requesting and being issued a replacement certificate of registration within 90 days of transfer or assignment.
(F) Not a transfer. Notwithstanding anything to the contrary, no such consent or approval shall be required for a transfer or assignment to an affiliate.
(Prior Code, § 1074.16) (Ord. 76-2018, passed 9-24-2018)