§ 10-267. Change in management or control of the business.

(a)

A licensee intending to make a change in the management and control of an existing business licensed under this chapter shall not operate under this chapter while utilizing a new manager of the business without first obtaining an approval therefor from the director. The prospective new manager of an existing business licensed under this chapter shall not participate in the operation of the business without first obtaining an approval therefor from the director.

(b)

A licensee intending to make a change in the management and control of an existing business licensed under this chapter shall make application therefor to the director, in writing, and under oath and shall pay an application fee of $35.00 to the city treasurer to defray the cost of investigation and the application process. The application fee is not refundable.

(c)

The application form and process shall follow all of the provisions contained in this chapter that apply to an application for an original license insofar as the personal qualifications of the applicant for managing officer are concerned and the applicant shall include an affidavit disclosing the name and residential address of any person(s) who may take part in the management and control of the business, whether directly or indirectly.

(d)

As a condition precedent to the approval of an application for a change in management or control of a business licensed under this chapter, the owner of the business shall furnish to the director the following information:

(1)

A written notice of intention to change the management and control of the business prior to the transfer of the management and control of the business to the new management, and

(2)

An affidavit disclosing the name of any person designated by the licensee to participate in the management of the business.

(e)

If upon investigation, the director verifies and is satisfied with the information presented, and if the proposed managing officer has complied with and met all of the applicable requirements of this chapter, then the director may approve the change in managing officer.

(f)

The director may refuse to approve or may delay the approval of an application for change of management or control if the applicant or licensee is under citation by the city or by the state department of liquor control, if an alleged violation or matter has not yet been finally adjudicated, if the licensee is under an administrative suspension or revocation ordered by the state or the city's director or board, if the director determines that the change in management of the business occurred without notifying the director in the manner provided in this section, or if the licensee or the applicant, as the case may be, is not eligible under the provisions of this chapter. If the director disapproves the application, then the applicant may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter.

(g)

Any application or request for approval of a change of managing officers which is incomplete for a period of 90 days after the date of filing with the director may be disapproved by the director and the applicant may file a written request for a hearing before the board in the manner provided in section 10-62(a) of this chapter.

(Ord. No. 000056, § A, 2-22-00)