(a) In the event any license or permit granted under
the code is cancelled, expires, or is voluntarily suspended by the
license or permit holder, the license or permit holder is authorized
for 30 days thereafter to sell or dispose of its remaining inventory
of alcoholic beverages on hand at the time of the license or permit
cancellation, expiration, or voluntary suspension, in bulk, to a licensee
or permittee authorized to purchase and sell same.
(b) If a necessity exists for a longer period, written
permission must be procured from the executive director or the executive
director's designee. The application for such permission shall specify
the reasons.
(c) A holder of a license or permit who holds more
than one such license or permit and who submits one to the commission
for cancellation or voluntary suspension may request approval to transfer
the inventory on hand to one of its other licensed or permitted locations.
(d) In all cases where alcoholic beverages are disposed
of or sold in bulk as herein set out, a sworn transfer document shall
be filed with the local office of the commission and is subject to
approval by the executive director or the executive director's designee.
Approval of the sale or transfer shall not be granted if either the
seller or purchaser is delinquent under Alcoholic Beverage Code §102.32
and §45.130 of this title at the time of the request.
(e) The transfer document filed with the commission
must show the complete inventory of alcoholic beverages on hand. The
inventory shall show the quantity, brand, and size of each container
of alcoholic beverage, and for distilled spirits it shall also show
the identification stamp number affixed to each container.
(f) Both the transferor and the transferee shall sign
the transfer document under oath before a notary public swearing to
the correctness of the transaction.
(g) All alcoholic beverages shall be transferred in
a single transaction unless, based on the circumstances, multiple
transactions are approved by the executive director or the executive
director's designee.
(h) No person shall dispose of any alcoholic beverages
after the expiration, cancellation, or voluntary suspension of a license
or permit except in the manner and within the time herein specified
unless written permission is procured from the executive director
or the executive director's designee.
|