§ 46-39. Transfer of location, ownership or change of name.

(a)

All business licenses may be transferred to a new owner when there is a bona fide sale of the business, upon payment of transfer fee of $25.00 provided such original license has not been revoked or invalidated by actions of the previous owners or decision of the Hialeah Gardens City Council, Miami-Dade County or the State of Florida, except in cases prohibited by ordinance.

(b)

Upon the written request and presentation to the local business tax receipt department, the original license and evidence of sale (such as, but not limited to, bill of sale, warranty deed and others.) Any license may be transferred from one location to another location in the same land use district of the City of Hialeah Gardens by the same licensee upon payment of transfer fee of $25.00.

(c)

Licenses issued may be transferred subject, to the following conditions:

(1)

The seller of the business shall present the license to the local business tax receipt department with the endorsement on the reverse side thereof, assigning all right, title, and interest to the purchaser;

(2)

The purchaser shall file an application for a license, and shall qualify in all respects as provided by law, and by the provisions of this article and ordinances of the City of Hialeah Gardens as an applicant for a license, as if he had applied for the license in the first instance;

(3)

A fee shall be paid to the City of Hialeah Gardens in connection with the transfer, amounting to ten percent of the amount that would have been required as a license tax had the purchaser, independent of the transfer, commenced business on the date of the transfer. In those cases where a special investigation of the transferee is required, a minimum fee of $25.00 shall be paid in addition to the transfer fee;

(4)

Where the licensee has been exempted from payment of all or any part of the license tax therefor, the license shall not be transferable under this section;

(5)

In the case of alcoholic beverage licenses, it shall require the approval of the chief zoning and code compliance officer and the Hialeah Gardens City Council.

(Ord. No. 98-35, § 1(113.08), 1-5-99; Ord. No. 2001-09, 6-19-01; Ord. No. 2008-06, § 3, 9-16-08)