§ 5-57. Transfer of ownership or location; provisional permits.

(a)

Except as otherwise permitted in this section, licenses issued to race tracks and wagering establishments under this article shall not be transferable upon change in ownership of the race track or wagering establishment and shall not be transferable to any location other than the location for which the license was issued. Any change in ownership or control of the business of a licensee, either directly or indirectly, and whatever the form of any such transportation, including a lease of the business, facilities or any city license or permit for the race track or wagering establishment, shall be deemed a transfer and is prohibited if not expressly permitted herein. The fees for the application and license for the new location or new person, and for provisional permits, shall be as set by resolution.

(b)

A person who is qualified to be a licensee of a race track or wagering establishment under this article, who is or expects to be the transferee of a licensee for a race track or wagering establishment licensed under this article, shall file an application for reissuance of the license in the new applicant's name. Except in the case of transfers pursuant to judicial decree or nonjudicial foreclosure of a legal or equitable lien, the current license holder shall endorse his approval on the application, which endorsement shall constitute a voluntary surrender of the current license, effective as of issuance of a license under this article to the new applicant and conditionally effective upon issuance of a provisional permit to the new applicant as provided herein, and assent to issuance of a provisional permit to the new applicant. Unless and until a license is issued to the new applicant, the current licensee shall remain responsible to the city for the lawful and proper operation of the race track or wagering establishment in accordance with the requirements of this article, regardless of whether a provisional permit has been issued to the new applicant. The new applicant's application shall meet the requirements of this article for an original license, but may rely on and incorporate by reference pertinent information on file with the city for the current licensee and the licensed location. Such reliance on information on file with the city shall constitute a representation by the applicant that such information is complete and accurate and that no material changes have occurred which would necessitate updating such information. Any changes in the information required by sections 5-28 or 5-56, necessitated by the change in ownership or control, shall be fully documented by the new applicant as part of the application. The city will expedite action on such an application by a new applicant for a currently-licensed location to the extent practicable to do so.

(c)

A transferee under subsection (b) above may file, with his application for reissuance of the license, an application for a provisional permit to operate the race track or wagering establishment on a conditional basis pending final action on the application for reissuance of the license. Upon proof of issuance to the transferee of a state temporary permit or temporary license, the city manager or his designee may issue a provisional permit to the new applicant. The term of the provisional permit shall not exceed ninety (90) days. The provisional permit may be cancelled or suspended summarily at any time, if the city manager or his designee determines that good cause exists for such cancellation or suspension, including but not limited to any grounds specified in this article which would support suspension or revocation of a race track or wagering establishment license. During the term of a provisional permit, both the permit holder and the current licensee shall be responsible to the city for the lawful and proper operation of the race track or wagering establishment in accordance with the requirements of this article.

(d)

A licensee who intends to discontinue racing or wagering activity at the licensed location within the city and to establish similar racing or wagering activity at a different location within the city, shall file a license application for the new location which meets the requirements of this article for an original license. Such an application, filed by an applicant whose current license is not suspended and has not been revoked and as to which no proceedings are underway for suspension or revocation of the license, may rely on and incorporate by reference pertinent information on file with the city for the current license. Such reliance on information on file with the city shall constitute a representation by the applicant that such information is complete and accurate and that no material changes have occurred which would necessitate updating such information. Any changes in the information required by sections 5-28 or 5-56, including but not limited to the floor plan, security plan, and demonstrated compliance with zoning, building and land-use codes and regulations, necessitated by the proposed establishment of the race track or wagering establishment at the new location, shall be fully documented by the applicant as part of the application. The city will expedite action on such an application by an applicant in good standing to the extent practicable to do so.

(Ord. No. 1690, § 4, 5-28-91)