§ 21-212. Same transfer upon change.

(a)

A permit is personal to the owner(s) and the operator designated in the application who holds the permit on the owner(s)' behalf as the owner(s)' agent, provided it may be transferred pursuant to this section. A transfer application must be filed by the tenth day next following any change of the owner(s) or operator designated on the application. In the event that a transfer application is not timely filed, then the permit shall be invalid for any purpose relating to the operation of the sexually oriented business, and any transfer shall require the filing of an original permit application and be subject to the regulations applicable thereto. For purposes of measurements between sexually oriented businesses under section 21-211 of this Code, an establishment for which the permit has become invalid by operation of this section shall be treated as though it had a permit until the permit is revoked pursuant to section 21-213 of this Code.

(b)

The chief shall prescribe a form on which permit transfer applications shall be made. The form shall include a statement under oath that the original application remains correct as previously submitted in all respects except those that are amended hereby. The transfer application shall contain a statement under oath that the individual signing the transfer application has personal knowledge of the information contained therein and that the information is true and correct and shall not be complete unless accompanied by a nonrefundable transfer fee of one hundred dollars ($100.00). Transfer applications shall be filed in the same place and at the same time as original applications and the fee shall be payable in the same manner as for original applications, as provided in section 21-206 of this Code.

(c)

Transfers shall be reviewed, issued and subject to appeal in the same manner as original applications, pursuant to section 21-211 of this Code, except that subsections 21-211(b)(1), (2), and (3) shall not apply, and they shall be issued for the remaining term of the permit to be transferred.

(d)

No change in ownership of a sexually oriented business or transfer of a permit for a sexually oriented business shall be allowed during the pendency of any administrative proceeding under section 21-213 of this article, from the time that any request for revocation or suspension has been filed with the hearing official until the hearing official's order is final. Any such transfer or attempted transfer shall confer no rights whatsoever in the permit for the sexually oriented business to the putative transferee.

(Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)