Death Or Disability Of Licensee

Death Or Disability Of Licensee. (a) In the event of the death or judicially established disability of a licensee or a stockholder of a corporate licensee, the spouse, next of kin, personal representative or guardian of such deceased or disabled person or the person in charge of the licensed establishment, or, in the case of a corporate licensee, a managing officer of such corporation, shall notify the Executive Director immediately of the fact of such death or disability. (b) In case such deceased or disabled person is the sole licensee for an establishment, the Executive Director may, in his sole and absolute discretion, authorize the spouse, next of kin, personal representative or guardian for a license to operate such establishment. (c) In any case in which the interest held by such deceased or disabled person in any licensed establishment would pass by operation of law or otherwise to his estate or to any person other than a co-licensee, such person or the personal representative or guardian of the deceased or disabled person shall, within thirty (30) days after the date of death or disability, make application to the Executive Director for a temporary license as successor in interest, representative or guardian, whichever is appropriate. (d) The Executive Director may, if satisfied of the necessity of such action, recommend to the Commission that a temporary license be issued to the applicant for such period of time as he may deem necessary. Such temporary license will entitle the person named therein to take part in the operation of such establishment and to receive profits therefrom as successor in interest, representative or guardian of the deceased or disabled person. Such temporary license may not be assigned in whole or in part. (e) No licensee shall permit any spouse, heir, next of kin, personal representative or guardian to take part in the operation of the licensed establishment, nor pay over to such person any part of the profits of such operation which accrue after the date of death or disability, unless such person is either a co-licensee or the holder of a temporary license as successor in interest, representative or guardian. (Adopted: 09/25/1991.)