It is necessary that a licensee actually conduct the business authorized by such a license or else the license will be declared dormant and become null and void after ninety (90) days. Such is the intent of this section. Realizing that a licensee, like other business, may have his business interrupted by situations not under his control, various exceptions to the dormancy rule have been included in this section.
(A) Any license under which no business is transacted during a period of ninety (90) days shall be deemed inactive, and, unless the conditions set forth in division (B) of this section are proved to the satisfaction of the Administrator, the license shall be surrendered to the Administrator. If the license is not voluntarily surrendered, it shall be revoked by the Administrator.
(B) A license may not be considered dormant and declared null and void under this section if any licensee who is unable to continue in business at the premises for which a 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 under power of eminent domain, whether acquisition is voluntary or involuntary, or loss of lease through failure of landlord to renew an existing lease; provided, however that prior to the expiration of ninety (90) days of inactivity, such licensee shall furnish to the Administrator a verified statement setting forth the fact that the licensee is unable to continue in business, for any of the specific reasons set forth herein, and the Administrator may grant an extension of the dormancy with the license continuing to remain in effect during the license period or until same is transferred to another premises, notwithstanding the fact that no business is transacted during the period; provided, in addition, however, that no such license shall be considered valid unless business is conducted there under within twelve (12) months from the date of notice to the Administrator. Such extension may not extend beyond the renewal date but may be for such times as the Administrator deems appropriate in the exercise of his sound discretion.
(Ord. 05-2016, passed 10-17-16)