(A) 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 90 days. Such is the intent of this section. Realizing that a licensee, like other business, may have his or her business interrupted by situations not under his or her control, various exceptions to the dormancy rule have been included in this section.
(B) Any license under which no business is transacted, a period of 90 days shall be deemed inactive unless the conditions set forth in division (C) below are proved to the satisfaction of the Alcoholic Beverage Administrator, the license shall be surrendered to the Alcoholic Beverage Administrator. If the license is not voluntarily surrendered, it shall be revoked by the Alcoholic Beverage Administrator.
(C) The provisions of division (B) above shall not apply to 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 existing lease. Prior to the expiration of 90 days of inactivity, such licensee shall furnish to the Alcoholic Beverage 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 Alcoholic Beverage 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 said period; provided, however, no such license shall be considered valid unless business is conducted thereunder within 12 months from the date of notice to the Alcoholic Beverage Administrator. Such extension may not extend beyond the renewal date but may be for such times as the Alcoholic Beverage Administrator deems appropriate in exercise of his or her sound discretion.
(Prior Code, § 118.36) (Ord. 2013-12, passed 12-2-2013)