§ 114.06. Changes in ownership and/or control.

The restrictions, requirements, and procedures contained in this section apply if the transaction proposed is an assignment of a license to a separate legal entity not under common control. The terms "assignor" and "assignee" respectively should be used in lieu of "transferor" and "transferee" as used herein, if the transaction proposed is an assignment of license.

(1)

Prior consent required. Any license granted hereunder shall be a privilege to be held by the licensee for the benefit of the public. Said license cannot be assigned, or control thereof transferred by any means whatsoever including, but not limited to, voluntary or involuntary sale, consolidation, foreclosure, receivership, or other means without the prior written consent of the city or as otherwise may be provided in the license. Such consent shall not be unreasonably withheld.

(2)

Control. The phrases "change in control" and "transfer of control" as used herein shall mean the acquisition or transfer by any person or group of persons of actual working control of the licensee, whether directly or indirectly, by a single transaction or series of transactions, and regardless of the manner in which it is exercised. Corporate reorganizations which do not change the ultimate controlling entity and intrafamilial transactions are not considered transfers of control for purposes of these provisions.

(3)

Application(s) for consent.

a.

Transferor and transferee must file. Whenever a licensee desires to effect a transfer of control of the licensee or assign the license to another legal entity, the licensee and the proposed transferee shall make a joint application for consent to transfer of control or assignment of license, as appropriate, to the city council. Such applications must be signed; if a corporation, by an officer authorized to sign for the purpose, if a partnership, by a general partner, if a proprietorship or joint venture, by a responsible principal. Applications shall be filed in the office of the city clerk, together with the appropriate fee.

b.

Public notice required. Notice of the filing of application(s) for consent shall be published in a newspaper of general circulation in the city at least once a week during the 14 days immediately following the date upon which filed, the cost of publication to be borne by the applicants. A public hearing will be conducted within 30 days from the date the application(s) for consent is received by the city clerk.

c.

Processing and public hearing. The applications will be referred to the city manager or his designee for processing, evaluation, and a report and recommendations to the city council. No application(s) for consent shall be granted until after the public hearing as provided in subsection 114.06(3)b. hereof. The city council may utilize the services of the city attorney's office and of the city departments, as it may deem appropriate.

(4)

Consent not a waiver. The consent of the city to any transfer of control or assignment of a license shall not constitute a waiver or release of any of the rights of the city reserved herein or which it has at law. Any consent by city shall be construed to subject the new licensee to all of the terms and conditions of the original license, provided however, that the city, in its sole discretion upon written request by the proposed licensee accompanied by a satisfactory supporting statement made prior to final action on the application for consent may, after public hearing, modify the license as may appear appropriate.

(5)

Fee and forfeiture. No application for consent to assignment or transfer of control of a license will be granted until all fees and forfeitures due the city hereunder have been paid, and all lawful claims which the city may have against the transferor have been settled.

(6)

Acceptance by transferee. No assignment or transfer of control shall be effective until the new grantee has become a signatory to the license.

(Ord. No. 00-24, § 6, 4-10-00)