§ 10-269. Change in ownership of previously licensed premise.

(a)

Any person may apply for and receive the same type of liquor license or permit for a business that was previously licensed under this chapter provided the new business will be located at the previously licensed premise, and:

(1)

The application is submitted within one year of the date the licensee surrendered the liquor license or permit, or;

(2)

The application is submitted within one year of the date the liquor license or permit becomes null or void, or;

(3)

The application is submitted within one year of the date of expiration of the liquor license or permit at the previously licensed premise.

A liquor license for a change in ownership of a previously licensed business will only be issued if the applicant submits a deed of ownership or a current lease stating the applicant can legally operate a business at the previously licensed premise and submits documentation that the previous licensee no longer has a legal right to operate or be on the property.

(b)

The application form and process for a change in ownership of a previously licensed business licensed under this chapter shall follow all of the provisions contained in this chapter that apply to an application for an original license which include successful completion of the mandatory six month probation period. However, the requirements that pertain to density and distance from churches and schools shall not apply so long as the business under the new owner(s) will be operated in the same previously licensed premise.

(c)

The requirements that pertain to consents, as outlined in section 10-214 of this chapter, shall not apply to a change in ownership of a previously licensed business as long as the new business meets the following requirements:

(1)

The type of business, including but not limited to a restaurant, tavern, hotel, bowling alley, grocery store, or convenience store that was approved by the director remains the same; and

(2)

The classification of liquor license(s), as outlined in article III of this chapter, remains the same as the liquor license(s) that were previously on the premises; and

(3)

The type of live entertainment remains the same as the type of live entertainment that was approved by the director at the previously licensed premise.

(d)

If upon investigation, the director verifies and is satisfied with the information presented, and if the applicant for the new license has complied with and met all of the applicable requirements of this chapter and the state statutes, then the director may issue a license or permit to the applicant.

(e)

The director may refuse to approve or may delay the approval of an application if the applicant is under citation by the city or by the State of Missouri Division of Alcohol and Tobacco Control, if an alleged violation or matter has not yet been finally adjudicated, if the applicant is under an administrative suspension or revocation ordered by the State of Missouri Division of Alcohol and Tobacco Control or the city's director or board, if the existing business or if the applicant or any person as defined in this chapter or such a person's immediate family member that has ownership interest in the new business has had multiple citations for violations of Missouri state statutes or city ordinances involving alcoholic beverages within the past five years, or if the applicant 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.

(f)

Any application or request for approval 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. 141012 , § 1, 12-18-14)