§ 1070.22.

PERMITS NOT TRANSFERABLE; PERMIT MUST BE SURRENDERED UPON SALE OF BUSINESS; PERMIT AMENDMENT REQUIRED TO CHANGE PARTNERS OR OTHER OWNERS

a.

No Person may transfer a permit issued under this Article to any other Person.

b.

If a Permittee Sells the Business, the Permittee shall promptly surrender the permit to the Director. If the Permittee fails to surrender the permit to the Director, the Director may, after giving the Permittee notice by mail and electronically of the proposed action and an opportunity to respond, revoke the permit.

c.

Notwithstanding Subsections (a) and (b) of this Section, a Permittee may change partners, shareholders, or other owners of a Business provided that (1) the sale or other transfer of ownership results in a Person owning no more than 50% of the Business, regardless of the form of ownership, and (2) the Permittee obtains an amendment to the Permit as provided in this Section. If the transfer of ownership does not result in any Person (who did not already have such a percentage interest) having an ownership interest of ten percent or more, the Permittee is not required to obtain a permit amendment.

d.

A Permittee seeking to amend a permit as required under this Section shall pay the filing fee for Permit Amendment/Additional Partner set forth in Section 2.26 of this Code. The applicant shall provide that portion of the information sought under Section 1070.3 that the Director requires.

e.

The Director shall determine within 30 days of the filing of a complete application to amend a permit whether to approve it. The Director shall approve the application unless he or she determines that denial is warranted under any of the grounds set forth in Section 1070.5(f) (incorporating the standards set forth in Section 1060.5(f)) and shall notify the Permittee and Manager of the approval electronically and either by mail or personal delivery.

f.

If the Director determines that disapproval of the application may be warranted, the Director shall schedule a hearing on the matter for the next regularly scheduled meeting of the Entertainment Commission. The Director shall promptly provide written notice of the hearing to the Permittee and the Manager by mail and electronically.

g.

The Entertainment Commission shall determine whether to approve the application according to the standards governing the initial application for an Extended-Hours Premises Permit (incorporating the standards set forth in Section 1060.5(f)).

h.

Temporary Permits. Once the Entertainment Commission receives a surrendered Permit under this Article, the new owner of the business may apply to the Executive Director of the Entertainment Commission for an Extended-Hours Premises Permit, subject to any required Planning Department approvals, for a period not to exceed 90 days from the date of surrender (a “Temporary Extended-Hours Permit”). The Executive Director of the Entertainment Commission may grant a Temporary Extended-Hours Permit provided that (1) the new owner has already submitted an application for an Extended-Hours Permit, (2) that the new owner’s Entertainment events and activities are consistent with those allowed under the prior Permit, (3) that the premises at issue complies with all existing health, safety, and fire ordinances, and (4) where a Temporary Extended-Hours Permit is necessary to ensure uninterrupted operations of a business at the premises. This Temporary Permit may not be renewed as a Temporary Permit. The Entertainment Commission may establish additional procedures and Temporary Extended-Hours Permit criteria to help carry out the goals of this Section 1070.22(h).

History

(Amended by Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 020783, App. 7/26/2002; Ord. 238-09, File No. 080324, App. 11/20/2009; Ord. 100-13 , File No. 130182, App. 6/6/2013, Eff. 7/6/2013)

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