Sec. 7-2.07. License nontransferable.
a.A license may not be transferred from one (1) person to another or from one (1) location to another. Whenever a tobacco retailing location has a change in proprietors, a new license is required.
b.Notwithstanding any other provision of this Article, prior violations at a location shall continue to be counted against a location, and license ineligibility periods shall continue to apply to a location unless:
1.The location has been fully transferred to an entirely new proprietor or fully transferred to entirely new proprietors; and
2.The new proprietor(s) provides the Department with clear and convincing evidence that the new proprietor(s) has acquired or is acquiring the location in an arm’s length transaction. As used in this Article, the term “arm’s length transaction” shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two (2) informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Article is not an arm’s length transaction. (Ord. 3674 § 6, 2023; Ord. 3508 § 2, 2014. Formerly 19-112)