(A) It is necessary that a city licensee actually conduct the business authorized by the city license for which provision is made herein, or else the city license will be declared dormant and become null and void after 90 days. Such is the intent of this section. Realizing that a city licensee, like any other business, may have his/her business interrupted by situations not under his/her control, various exceptions to the dormancy rule have been included in this section.
(B) Any city license under which no business is transacted during a period of 90 days shall become null and void. At the expiration of the 90-day period, the city license shall be surrendered to the City ABC Administrator.
(C) Except that the provisions of division (A) hereof shall not apply to any city licensee who is unable to continue in business at the premises for which a city license is issued due to construction, an act of God, casualty, death, the acquisition of the premises by any federal, state, city or other governmental agency or private corporation under the power of eminent domain, whether acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew existing lease. Such city licensee shall furnish to the City ABC Administrator a verified statement, setting forth the fact that the city licensee is unable to continue in business prior to the expiration of the 90 days of inactivity, for any of the reasons set forth herein, and the City ABC Administrator may grant an extension of the dormancy, with the city license continuing to remain in effect during the city license period or until same is transferred to another premises, notwithstanding the fact that no business is transacted during said period; provided, however, no such city license shall be considered valid unless business is conducted thereunder within 12 months from the date of notice to the City ABC Administrator. The extension may not extend beyond the renewal day, but may be for such times as the City ABC Administrator deems appropriate in exercise of his sound discretion.
(D) All renewal licenses must be on file with the City ABC Administrator, as provided for in § 113.29 hereinabove, except where the city licensee is unable to continue in business at the same premises licensed during the preceding city license paid due to construction, an act of God, casualty, death, the acquisition or threatened acquisition of these premises by any federal, state, city or other governmental agency or private corporation, possessing power of eminent domain, whether such acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew existing lease; that said licensee shall file a written verified statement no less than 30 days from the expiration date of city license, setting forth these facts, and the City ABC Administrator is hereby authorized to extend the time for filing of a renewal of such city license for a reasonable length of time within the sound discretion of the City ABC Administrator; provided, however, such city licensee shall pay a license fee from the expiration date of the former license or licenses. The license fee shall not be payable until application is made for the transfer of the city license to a new location.
(Ord. 2013-110.15A, passed 12-10-13)