Ala. Admin. Code r. 20-X-23-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 20-X-23-.03 - Change Of Ownership, Management Or Name Of Permitted Establishments

(1) ABC Board permits shall be deemed to expire, terminate, or otherwise be void when there is a substantial change of ownership in the permitted business; when a permitted business is leased, rented or abandoned, or when possession is otherwise surrendered to another party or parties. However, a permit may be transferred as provided by statutes and these regulations.

(2) Upon the death of an individual permittee, sale of the permitted business, temporary closing of the permitted business, or other interruption in the operation of a permitted business, the permit shall immediately be delivered to the local ABC Board field office, to be held pending the reopening of said business according to these regulations. However, where there is a surviving partner in a partnership entity possessing a permit, or a surviving spouse of a deceased permittee, such survivor may complete the current permit year without obtaining a new permit, provided:

(a) the survivor notifies the ABC Board in writing within twenty (20) days after the death of the permittee, and

(b) the survivor is otherwise qualified to hold a permit. A surviving spouse must complete a new application and receive local and state approval prior to operation the next permit year.

(3) When a permitted corporation elects new officers or directors, said corporation shall notify the ABC Board in writing within twenty (20) days thereafter. This letter shall contain the names, positions, social security numbers, places of birth, dates of birth, home addresses and how long the newly-elected officials have lived at said addresses. Social security numbers shall be disclosed for investigative purposes only. This section shall not apply to corporations whose shares are customarily and regularly traded or sold on recognized stock exchanges.

(4) When a non-corporate permittee has a change of ownership effecting 20% or more thereof, the permittee shall notify the ABC Board in writing within twenty (20) days thereafter, and a transfer application shall be submitted by the new entity created by such change of ownership. No person shall become owner, manager, or otherwise interested in the operation of a non-corporate permitted premise.

(5) Additional information concerning permitted businesses shall be submitted when requested by the ABC Board.

(6) In the event an ABC Board permittee changes its trade name during a permit year, the permittee must notify the ABC Board within twenty (20) days of such change.

(7) Any social security number disclosed under this regulation shall be used for the purpose of investigation or verification by the ABC Board and shall not be a matter of public record.

Author: ABC Board

Ala. Admin. Code r. 20-X-23-.03

New Rule: Filed December 7, 1998; effective January 11, 1999.

Statutory Authority:Code of Ala. 1975, §§ 28-3A-23; 28-11-4.