§ 32A-7. Transferability of license.

(a)

Except as otherwise provided in this section, a tobacco retailer's license that is exempt from the restrictions of Section 32A-4(d) (excessive density) may be transferred from one (1) person to another person or from one (1) location to another location.

(b)

A tobacco retailer that is exempt from the restrictions of Section 32A-4(e) (schools) may not transfer a tobacco retailer's license except to either:

(1)

An immediate family member if the tobacco retailer does not change its business location; or

(2)

A new location not within one thousand (1,000) feet of a school.

(c)

A significant tobacco retailer may not transfer a tobacco retailer's license except to an immediate family member if the significant tobacco retailer does not change its business location.

(d)

Notwithstanding subsections (b) and (c), any tobacco retailer that is a healthy retailer may transfer a license from one (1) person to another person or from one (1) location to another location.

(e)

Notwithstanding any other provision of this section, a tobacco retailer may not transfer a tobacco retailer's license:

(1)

To any new proprietor and/or new location that does not meet all the requirements of this chapter; or

(2)

If the tobacco retailer has violated this chapter or any other tobacco control law three (3) or more times within the previous five-year period. For purposes of calculating eligibility to transfer a license under this subsection, prior violations at a location shall continue to be counted against a location unless:

(i)

The business at the location has been transferred to new proprietor(s) in an arm's length transaction; and

(ii)

The new proprietor(s) provide the county with clear and convincing evidence that the new proprietor(s) have acquired or are acquiring the business at the location in an arm's length transaction.

( Ord. No. 6149, § I , 4-19-2016)