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establishment licensed for the sale of intoxicating liquor, nor within 1,000 feet of any <br />sexually- oriented business. The distance limitations shall be measured from property <br />isline to property line at the nearest point. <br />(b) The Council shall have the discretion to consider in granting, denying, revocatiog, or <br />renewing a license any reasonable facts or circumstances relating to public health, safety, and <br />welfare, including, but not limited to the following: <br />(1) Operation on a premises on which taxes, assessments, or other financial claims of <br />the city or other government agency are delinquent and unpaid. <br />(2) False statement or material omission in the license application or investigation. <br />(3) Health hazards attributable to the business. <br />(4) Each licensee has the continuing duty to properly notify the city clerk of a change in <br />the information or facts required to be furnished on the application for a license. <br />This duty continues throughout the period of the license. Failure to notify the city <br />may be grounds for denial or revocation. <br />(c) Where a reasonable basis is found by the council to impose reasonable restrictions on the <br />license, taking into consideration one or more of the facts or circumstances, the council may <br />upon issuance or renewal of a license impose such reasonable conditions and restrictions on <br />the manner and circumstances under which the licensed activity shall be conducted to <br />preserve the public peace and protect and promote good order and security. <br />• Sec. 38 -454. No Transfers <br />(a) All licenses issued under this division shall be valid only on the premises for which the <br />license was issued and only for the person to whom the license was issued. No transfer of <br />any license to another location or person shall be valid. Relocation or sale of the business <br />shall require the approval and issuance of a new license. <br />(b) Transfer of 25 percent or more of the ownership interest of a business entity, or of a <br />controlling interest of it, whichever is less, will be deemed a sale of the business. If the <br />licensee is a business entity that is wholly owned by another entity, the same provisions <br />about the transfer of ownership or a controlling interest will apply to the parent entity and <br />any second parent entity that wholly owns the parent entity. <br />(c) A sale of the business as defined in this section without the approval and issuance of a new <br />license shall result in the unlicensed sale of tobacco, tobacco products, and tobacco related <br />devices. Transfer of this amount of ownership interest without prior Council approval is a <br />ground for revocation or suspension of the license. In addition, each day the licensee <br />operates under the license after a transfer has taken place without obta-ning Council <br />approval will be a separate violation of this ordinance. <br />(d) In the case of the death of a licensee, the personal representative of a licensee may continue <br />ioperation of the business for not more than 90 days after the licensee's death. <br />S:\0rdinances\2008 \08 -06 Sex.doc <br />