(1)(a) No license
granted under the provisions of this article 3 or article 4 of this title 44 shall be
transferable except as provided in this subsection (1), but this shall not prevent a
change of location as provided in section 44-3-301 (9).
(b)When a license has been issued to spouses, partners in a civil union, or
general or limited partners, the death of a spouse or partner does not require the
surviving spouse or partner to obtain a new license. All rights and privileges
granted under the original license continue in full force and effect as to the
survivors for the balance of the license period.
(c)(I) For any transfer of ownership, application must be made to the state
and local licensing authorities on forms prepared and furnished by the state
licensing authority. I
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(1) (a) No license
granted under the provisions of this article 3 or article 4 of this title 44 shall be
transferable except as provided in this subsection (1), but this shall not prevent a
change of location as provided in section 44-3-301 (9).
(b) When a license has been issued to spouses, partners in a civil union, or
general or limited partners, the death of a spouse or partner does not require the
surviving spouse or partner to obtain a new license. All rights and privileges
granted under the original license continue in full force and effect as to the
survivors for the balance of the license period.
(c) (I) For any transfer of ownership, application must be made to the state
and local licensing authorities on forms prepared and furnished by the state
licensing authority. In determining whether to permit a transfer of ownership, the
licensing authorities shall consider only the requirements of section 44-3-307 and 1
CCR 203-2, rule 47-302, entitled Changing, Altering, or Modifying Licensed
Premises, or any analogous successor rule. The local licensing authority may
conduct a hearing on the application for transfer of ownership after providing
notice in accordance with subsection (1)(c)(III) of this section. A transfer of
ownership hearing by the state licensing authority shall be held in accordance with
section 44-3-305 (2).
(II) Repealed.
(III) Prior to holding a hearing as provided in this subsection (1)(c), the local
licensing authority shall notify the applicant of the hearing at least ten days before
the hearing and shall post, or may direct the license applicant to post, a notice of
the hearing in a conspicuous location on the licensed premises for at least ten
consecutive days before the hearing.
(d) The state or a local licensing authority shall not approve a transfer of
ownership under this subsection (1) until the applicant files with the local licensing
authority confirmation from each wholesaler licensed under this article 3 that has
sold alcohol beverages to the transferor that the wholesaler has been paid in full
for all alcohol beverages delivered to the transferor.
(2) Notwithstanding any provision of this article 3 to the contrary, a local
licensing authority may issue a temporary permit to a transferee of any retail class
of alcohol beverage license issued by the local licensing authority pursuant to this
article 3 or article 4 of this title 44. A temporary permit authorizes a transferee to
continue selling alcohol beverages as permitted under the permanent license
during the period in which an application to transfer the ownership of the license is
pending.
(3) A temporary permit shall authorize a transferee to conduct business and
sell alcohol beverages at retail in accordance with the license of the transferor
subject to compliance with all of the following conditions:
(a) The premises where alcohol beverages are sold shall have been
previously licensed by the state and local licensing authorities, and the license shall
have been valid at the time the application for transfer of ownership was filed with
the local licensing authority that has jurisdiction to approve an application for a
temporary permit.
(b) The applicant has filed with the local licensing authority on forms
provided by the department an application for the transfer of the liquor license. The
application shall include, but not be limited to, the following information:
(I) The name and address of the applicant; if the applicant is a partnership,
the names and addresses of all the partners; and, if the applicant is a corporation,
association, or other organization, the names and addresses of the president, vice-president, secretary, and managing officer;
(II) The applicant's financial interest in the proposed transfer;
(III) The premises for which the temporary permit is sought;
(IV) Such other information as the local licensing authority may require; and
(V) A statement that all accounts for alcohol beverages sold to the applicant
are paid.
(c) The application for a temporary permit shall be filed no later than thirty
days after the filing of the application for transfer of ownership and shall be
accompanied by a temporary permit fee not to exceed one hundred dollars.
(d) When applying with the local licensing authority for a temporary permit,
the applicant shall provide a copy, by facsimile or otherwise, of the statement made
pursuant to subsection (3)(b)(V) of this section to the state licensing authority. The
statement is a public record and shall be open to inspection by the public.
(4) A temporary permit, if granted, by a local licensing authority shall be
issued within five working days after the receipt of the application. A temporary
permit issued pursuant to this section shall be valid until such time as the
application to transfer ownership of the license to the applicant is granted or
denied or for one hundred twenty days, whichever occurs first; except that, if the
application to transfer the license has not been granted or denied within the one-hundred-twenty-day period and the transferee demonstrates good cause, the local
licensing authority may extend, in its discretion, the validity of the permit for an
additional period not to exceed sixty days.
(5) A temporary permit shall also be authorized in the event of a transfer of
possession of the licensed premises by operation of law, a petition in bankruptcy
pursuant to federal bankruptcy law, the appointment of a receiver, a foreclosure
action by a secured party, or a court order dispossessing the prior licensee of all
rights of possession pursuant to article 40 of title 13.
(6) A temporary permit may be canceled, revoked, or summarily suspended if
the local or state licensing authority determines that there is probable cause to
believe that the transferee has violated any provision of this article 3 or article 4 of
this title 44 or has violated any rule adopted by the local or state licensing authority
or has failed to truthfully disclose those matters required pursuant to the
application forms required by the department.