(A) Generally. A license shall be purely a personal privilege, good for not to exceed one year after issuance, unless sooner revoked as in this chapter provided, and shall not constitute property, nor shall it be subject to attachment, garnishment, or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, nor subject to being encumbered or hypothecated.
(B) Death of licensee. A license shall descend by the laws of testate or intestate devolution, but it shall cease upon the death of the licensee, provided that executors or administrators of the estate which consists in part of alcoholic liquor may continue the business of the sale of alcoholic liquor under order of the appropriate court, and may exercise the privileges of the deceased or insolvent.
(C) Lapses. A license shall lapse when a licensee closes business permanently, or when the licensee fails to pay for and renew a license when it comes up for renewal. A lapsed license may be renewed if the licensee shall apply and pay for the renewal within seven days of notice of a lapse, but failure to renew it within that period shall result in the forfeiture of the license due to the lapse, and its automatic decrement as provided for hereinbelow.
(D) Transfers. A licensee may apply to the Village Board for leave to turn in a license and have it immediately reissued to a successor in the same location. In such instance, the Village Board shall consider whether the business as currently operated is in good standing, whether the proposed licensee is qualified under state and local laws to be licensed, and whether the proposed licensee intends to modify or improve the premises or business model. Nothing herein shall be deemed to impair the right of an owner of stock in a corporate licensee from selling his, her or its stock, but neither shall it excuse the requirement of any such new owner of stock in a corporate licensee from complying with all other provisions of this Code, including background checks and providing proper identification and contact information.
(E) Automatic decrement. A license which has lapsed and has not been timely renewed pursuant to division (C) of this section shall be automatically expunged and decremented from the list of available licenses set forth in § 110.15. The President and Clerk shall maintain a list of such decremented licenses and shall report promptly to the Board when a decrement occurs. At the next reasonably available regular Board meeting, the Clerk shall present a draft ordinance to the Board to finalize and formalize the decrement and to reflect the reduction in numbers of licenses set forth in § 110.15.
('79 Code, § 2109) (Am. Ord. 2014-O-15, passed 9-16-14)