Requirements for approval of transfer

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    (a)    (1)    Subject to subsection (b) of this section, the Board may not approve an application for the transfer of a license unless:

            (i)    all obligations of the transferor pertaining to the licensed establishment have been paid; or

            (ii)    an arrangement concerning debts and obligations satisfactory to the transferor’s creditors has been made.

        (2)    Paragraph (1) of this subsection also applies to approval of an application for a new license if the Board believes that the application is being used to avoid provisions regarding the transfer of a license.

    (b)    The Board is not bound by subsection (a) of this section unless:

        (1)    a creditor submits a claim, under affidavit, to the Board before the hearing held on the transfer; and

        (2)    the claim involves an indebtedness incurred in the operation of the licensed premises.


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