(A) Any license issued under this chapter to any person for any licensed premises shall not be transferable or assignable to any other person or to any other premises or to any other part of the building containing the licensed premises, unless:
(1) That person or premises complies with all of the provisions of this chapter;
(2) The transfer of the license is approved by the City Administrator; and
(3) The transfer of the state license to which the city license corresponds is approved by the state.
(B) Transfer of license or acquisition of interest without authorization is prohibited.
(1) For purpose of this section, "transfer" means:
(a) The transfer to a new person or entity of 10% or more ownership interest in any licensed business or license;
(b) The transfer in bulk, and not in the ordinary course of business, of a major part of the fixtures, materials, supplies, merchandise, or other inventory of a licensee's business; or
(c) The transfer of a business or license to a different premises.
(2) Any license issued to any person for any licensed premises shall not be transferable or assignable to any other person or to any other premises or to any other part of the building containing the licensed premises, unless a transfer or assignment is authorized by the City Administrator in the exercise of sound discretion.
(3) A licensee shall not acquire or otherwise dispose of any interest in a licensed premises or any license issued by the city, by sale of assets, stock, inventory, control or right of control, or activities on the licensed premises without prior approval of the City Administrator. The City Administrator shall treat a transfer applicant as a new applicant for qualification and discretion purposes.
(4) Any acquisition of interest in a license without prior authorization shall be void.
(5) All applications for approval of a transfer shall be made in writing to the City Administrator.
(6) Applications for approval of a transfer shall be made under oath or affirmation, shall be signed by both the transferor and the transferee, and shall contain any other information prescribed by the city.
(7) No licensee or other person seeking to acquire an interest in an existing license shall transfer control or assume control of any licensed premises by agreement or otherwise without the written consent of the City Administrator.
(8) A licensee shall not transfer its license or any interest in the license while any proceedings against the license or the licensee for a violation of any statute or administrative regulation which may result in the suspension or revocation of the license is pending.
(9) A licensee shall not transfer its license or any interest it has in the license if the licensee owes a debt on the inventory to a wholesaler responsible for the collection and payment of the tax imposed under KRS 243.884.
(10) A licensee shall not transfer its license or any interest in the license if the licensee owes the Commonwealth of Kentucky for taxes as defined in KRS 243.500(4) and the city for taxes, utilities or any other indebtedness. A transfer shall not take place until the indebtedness to the city is paid in full or otherwise released and the city is notified by the Kentucky Department of Revenue that the licensee's indebtedness has been paid or resolved to the satisfaction of the Department of Revenue. This section shall not prohibit a transfer of a license or an interest in a license by a trustee in bankruptcy if all other requirements of this section are met.
(C) In case of destruction by an act of God or casualty for which the licensee was not responsible, of premises for which a license has been issued, the City Administrator may, if in the Administrator's discretion the action is necessary to attain justice, change the license to authorize continuance of business at other premises. No transfer shall be made unless the licensee has filed a written verified statement of the reasons for the necessity of transfer. If the transfer is made the City Administrator shall endorse a description of the new premises upon the license and shall date and sign the endorsement.
(D) A transfer fee of $25 shall be paid to the city for the transfer of the city license.
(Am. Ord. 2017-05, passed 12-19-16; Am. Ord. 2018-02, passed 12-19- 17) Penalty, see § 111.99