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A. Change In Ownership:
1. The occurrence of any one or more of the following events shall be deemed to constitute a change in ownership of licensed businesses for which a new license shall be required:
a. With respect to any licensee that is a corporation, or limited liability company, the replacement or addition of any shareholder owning directly or indirectly (including ownership by members of the same household) twenty percent (20%) or more of the outstanding shares of any class of the capital stock of said corporation; provided that any sale or exchange of stock which results in a change in controlling ownership under the bylaws of the corporation shall be deemed to be a change of ownership hereunder regardless of the percentage of actual sale or exchange.
b. With respect to any licensee that is a general partnership, the replacement or addition of any general partner.
c. With respect to any licensee that is a limited partnership, the replacement or addition of any general partner or of any limited partner holding directly or indirectly (including ownership by members of the same household) twenty percent (20%) or more interest in the earnings of said limited partnership.
d. The operation of a licensed business by an unlicensed individual or corporation under a management agreement which permits such unlicensed individual or corporation to control and direct the operation of the business, to retain all or a majority of the profits derived from such business, or to utilize the privileges of the liquor license issued to another for such business for any period in excess of ninety (90) days. A management agreement shall not be deemed to include a contract for employment between a licensee and an individual manager or managers, who operate the licensed business on behalf of or at the discretion of the licensee.
2. At least ninety (90) days prior to any of the events described in subsection A1 of this section as constituting a change of ownership, the licensee shall apply for a new license pursuant to the requirements of section 4-1-9 of this chapter. The Commissioner shall act promptly thereon; however, the licensee shall not conduct its business following any change of ownership as defined herein until a new license has been issued. No license fee shall be required for the new license.
3. The occurrence of any one or more of the following events shall constitute a change in ownership of licensed businesses for which a new license shall be required, but shall not be subject to the application requirements established in section 4-1-9 of this chapter. Within five (5) business days following any change described below, licensee shall notify the Commissioner in writing describing the event in detail.
a. With respect to any licensee that is a corporation, or limited liability company, the replacement or addition of any officer or director of said corporation or any shareholder owning directly or indirectly (including ownership by members of the same household) more than five percent (5%) but less than twenty percent (20%) of the outstanding shares of any class of the capital stock of said corporation.
b. With respect to any licensee that is a limited partnership, the replacement or addition of any limited partner holding directly or indirectly (including ownership of members of the same household) more than a five percent (5%) interest but less than a twenty percent (20%) interest in the earnings of said limited partnership.
4. Within ten (10) days of any change of liquor manager, general manager or agent conducting business for the licensee, the licensee shall report such change to the Commissioner and shall provide information concerning such liquor manager, general manager or agent as required in Section 4-1-9 of this Chapter.
Failure to give the notice required in subsections A2 and A4 of this Section shall constitute a violation of this Chapter subjecting the licensee to the penalties set forth in Section 4-1-25 of this Chapter, including revocation or suspension of the license. No additional license fee shall be payable for a new license required by virtue of changes described in this paragraph and so long as an application therefor is pending and not yet acted upon by the Commissioner, the applicant may continue to conduct its business and operations under the license in effect immediately prior to such changes.
B. Change Of Location: A license issued under this Chapter shall permit the sale of alcoholic liquor only in the premises described in the application for the license. Such location may be changed only upon written permission to make such change issued by the Commissioner. No change of location shall be permitted unless the proposed new location is a proper one for the retail sale of alcoholic liquor under the laws of the State, and under ordinances of the Village.
C. Change In Floor Plan Or Focus Of Local Operation:
1. During the term of any license issued for the sale of alcoholic liquor for consumption on the premises, if a licensee proposes to make any of the changes hereinafter enumerated, which would alter its operation from the conditions pursuant to which the license was initially granted, the licensee shall apply in writing to the Commissioner for approval of such changes, and provide information concerning the specific changes proposed, including a revised floor plan, if any. The following shall be considered a change in the operation for purposes of this subsection: a) a change in the floor plan in any manner which would alter the number of seats provided primarily for restaurant use by more than ten percent (10%), or which would expand any area in which entertainment or service of alcoholic liquor is provided; b) any increase in the number of bar seats; c) a change in the type and/or focus of the theme, decor, motif, advertising or menu for the licensed business in any manner which would promote the sale of alcohol or the entertainment available on the premises as opposed to the availability of food service.
2. Upon receipt of a request for approval of any of the changes as provided in subsection C1 of this Section, the Commissioner shall review the licensee's proposed changes to determine the nature and significance of the changes in consideration of the classification of license held and the requirements established for such classification. The Commissioner may approve the proposed changes if it is determined that the proposed changes in the floor plan, the nature and focus of the local operation, the menu, the type and focus of advertising for the licensed business are in substantial conformity with the requirements of the liquor control ordinance for the license classification. If it is determined that such proposed changes are not in substantial conformity, the Commissioner will so advise the licensee.
3. No additional license fee shall be payable and no new license shall be required by virtue of the changes described in subsection C1 of this Section.
4. So long as an application for approval of any of the changes described in subsection C1 of this Section is pending, and not yet acted on by the Commissioner, the applicant may continue to conduct its business and operations in the manner approved at the time the license was initially granted. If approval of the proposed changes is granted, the licensee may proceed to implement such changes in accordance with the approval granted, and subject to any conditions which may be established as part of such approval. If approval is denied, licensee shall continue to operate its business in the manner approved at the time the license was initially granted.
5. Any licensed business which implements any of the changes on licensed premises as provided in subsection C1 of this Section, without requesting and receiving approval of the Commissioner as provided therein, shall be subject to the penalties for violation of this Chapter, as established in Section 4-1-25 of this Chapter, up to and including revocation of the license.
D. Cessation Of Business: Any licensee who has ceased to do business or closes its place of business for a period of more than thirty (30) successive days without written permission from the Commissioner shall be subject to having its license declared forfeited and lapsed by order of the Commissioner. (Ord. G-570, 5-14-1996; Ord. G-587, 4-8-1997; Ord. G-591, 5-13-1997)