4 Del. Admin. Code § 301-1.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 301-1.0 - Changes of ownership (no publication is required)1.1 Entire Change: 1.1.1 Whenever the entire ownership of a license of a licensee is being changed, the following shall be filed with the Commissioner on behalf of the new owner or owners: 1.1.1.2 A financial statement of the proposed licensee.1.1.1.3 Personal financial statements of all individuals, partners, or stockholders holding at least 10 percent or more of the corporate stock.1.1.1.4 Notarized statements in the form prepared by the Commissioner, Form (A-2) signed by all individuals who after the change is made, will have an ownership interest directly or otherwise with the criminal record of each. However, if the corporation or club is listed on a stock exchange or traded over the counter, or is the holder of a multiple activity club, the criminal history of individual stockholders, officers or directors shall not be submitted, but instead an affidavit completed by each giving permission to the Commissioner to request the criminal history from the proper police department.1.1.1.5 Copy of the agreement of terms of the sale or other exchange of financial interest, including stock distribution.1.1.1.6 Deposit of $1,000 application process fee [4 Del.C. § 554(x)].1.1.1.7 Minutes of meeting establishing officers and/or directors, copies of stock certificates and/or any other corporate documentary information as the Commissioner deems necessary.1.1.1.8 Certification from the State Tax Division that all obligations regarding the applicant are current.1.1.1.9 Copy of certificate of incorporation, if applying as a corporation, or proof of partnership agreement explaining interest and profit/loss distribution.1.1.1.10 Letter of approval from the licensee from whom the license is to be transferred.1.1.1.11 Lease, if the premises is not owned by the applicant; or copy of deed if applicant owns the premises.1.1.1.12 Floor plan containing elevation, including dimensions of all rooms and seating arrangement of entire premises.1.2 Partial Change. 1.2.1 Whenever only part of the ownership of a license or licensee is being changed, the following shall be filed with the Commissioner on behalf of the new owner or owners. 1.2.1.2 A financial statement of the licensee as of the time after the change is made.1.2.1.3 Personal financial statement of the new applicant or partners.1.2.1.4 Notarized statements in the form prepared by the Commissioner (Form A-2) signed by all individuals who, after the change is made, will have an ownership interest, directly or otherwise, including criminal record.1.2.1.5 Copy of the agreement of terms of the sale or other exchange of financial interest, including stock distribution and consideration given.1.2.1.6 If a corporation or club, a statement consenting to the change in ownership signed and sealed by the president and secretary currently approved by the Commissioner. A partnership shall submit copy of change in original agreement.1.2.1.7 Deposit of $1,000 application process fee [4 Del.C. § 554(x)], but this fee shall not apply to applications for change of officers, directors or stockholders of a corporate licensee if there is no change in the majority of stockholders or majority of directors.4 Del. Admin. Code § 301-1.0
19 DE Reg. 775 (02/01/16)