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(A) (1) The total number of licenses to be issued under this chapter shall be as hereinafter set forth.
(2) A restriction upon the number of licenses shall not limit the right to the renewal of any existing license, nor to the issuance of the license to the purchaser of or lessor of an established licensed business as a going concern, nor to the issuance of a license to an operator of an established liquor business at a different location; provided, such licenses do not increase the number of licenses in existence; nor to the issuance of a license to the purchaser of, lessor of, or lessee of, a business where the license has been revoked and not restored.
(3) No person, firm or corporation shall operate no more than two liquor establishments. This division (A) shall not apply to Class B and C licenses.
(4) The restrictions contained in this division (A) shall in no way affect taverns and other businesses holding retail liquor licenses, duly licensed by the county or other municipalities which are located in territory annexed to the city. Licenses may be issued to them by the duly constituted authorities upon annexation; provided that, thereafter all of the restrictions contained in this division (A) shall apply to the contingencies herein set forth.
(5) (a) No license shall be held in existence by the mere payment of fees by any person, firm or corporation, for a longer period than 90 days, without a tavern or liquor business for same being in full and complete operation, except as hereinafter provided.
(b) In those cases where the 90-day period, as stated in division (A)(5)(a) above has expired, the Mayor, as Local Liquor Control Commissioner, may extend the period of time for which a license may be held by the payment of fees without the tavern or liquor business being in full and complete operation, beyond such 90-day period. Such extension may be granted by the Mayor when the following conditions exist:
1. Where the building housing a tavern or liquor business has been destroyed or damaged by fire or act of God and cannot be rebuilt or repaired within the 90-day period. Such extension shall be for a period of time as is determined to be reasonable to complete the required rebuilding and repair;
2. Where building, remodeling or construction of facilities to house a tavern or liquor business is delayed through no fault of the licensee, and upon presentation of affidavits, plans, contracts for the work to be performed, and any other evidence required by the Mayor, showing the reason for the delay, the Mayor may extend the period of time for which a license may be held by the payment of fees without the tavern or liquor business being in full and complete operation. The extension, if granted, shall be for such period of time as is determined to be reasonable to complete the building, remodeling or constructing; and
3. In no case may any license so extended by the Mayor for the reasons stated in divisions (A)(5)(b)1. and (A)(5)(b)2. above be assigned, and such license shall expire immediately if the rebuilding, repair, building, remodeling or construction as contemplated by divisions (A)(5)(b)1. and (A)(5)(b)2. above is abandoned by the licensee during any period of extended time. A license so expired shall not be subject to renewal unless all of the requirements of this division (A) shall have been met.
(1960 Code, § 21-1-6)
(B) (1) A license issued under this chapter shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked as in this chapter authorized and provided and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Except, however, that, upon the death of a licensee who is the holder of a current paid license that is not pending revocation, the heir or heirs by either testate or intestate succession may require reissuance of said license in such heir’s name unless such heir elects not to continue business under such license.
(2) Then, in that event, executors and administrators of any estate of the deceased licensee, and the trustees of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor, may continue the business of the sale of alcoholic liquor under the order of the court having jurisdiction of such estate and may exercise the privileges of such deceased, insolvent or bankrupt licensee, after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensee. A refund shall be made of that portion of the license fees paid for any period in which the licensee shall be prevented from operation under such license, in accordance with the provisions of this division (B).
(1960 Code, § 21-1-7)
(Ord. 2581, passed - -; Ord. 2697, passed - -; Ord. 2853, passed - -; Ord. 3319, passed 10-20-1975; Ord. 4479, passed 1-18-1988)