§ 26-1611

(a) An interest shall be conclusively presumed to exist between two license holders or a license holder and an applicant for a license if any of the following conditions exist between them:

(1) a franchise agreement;

(2) a licensing agreement;

(3) a concession agreement;

(4) both are part of a chain of businesses commonly owned and operated and so portrayed to the public;

(5) any sharing of directors or stockholders or any sharing of directors or stockholders of parents or subsidiaries;

(6) common direct or indirect sharing of profit from the sale of alcoholic beverages; or

(7) sharing of a common trade name, trademark, logo, or theme, or mode of operation identifiable by the public, except hotels and motels.

(b) (1) The Board shall make determinations under this section without regard to whether a particular license holder or proposed license holder is or may be an independent contractor for purposes other than the application of this section.

(2) If the Board determines after a hearing that an interest exists in more than one license, the Board shall refuse to issue a new license or shall revoke an existing license unless the license is operational and complied with law applicable at the time of the issuance of the license.

(c) A wholesale license holder is considered a license holder for purposes of this section and may not hold or have an interest, directly or indirectly, in a license of a class that authorizes retail sale of alcoholic beverages in the county.