Section 7.61. Criteria for intermunicipal transfer of retail licenses

(a) Restaurant, eating place retail dispenser and club licenses may be transferred from one municipality to another municipality within the same county, without approval from the receiving municipality, if both of the following apply:

(1) The number of existing licenses in the receiving municipality does not exceed one license per 3,000 inhabitants as determined at the date of filing of the application.

(2) The applicant submits the appropriate application forms and associated fees to the Bureau of Licensing.

(b) If the number of existing licenses in the receiving municipality exceeds one license per 3,000 inhabitants or if the population of the receiving municipality is less than 3,000 inhabitants and the receiving municipality has an existing license:

(1) The applicant shall request approval from the receiving municipality for the intermunicipal transfer of the license.

(2) Upon request for approval of an intermunicipal transfer of a license by the applicant, at least one public hearing shall be held by the receiving municipality for the purpose of receiving comments and recommendations of interested individuals residing within the municipality concerning the applicant’s intent to transfer the license into the municipality.

(3) The receiving municipality shall, within 45 days of a request for approval, render a decision by ordinance or resolution to approve or disapprove the applicant’s request for an intermunicipal transfer.

(4) The receiving municipality shall approve the request unless it finds that doing so would adversely affect the welfare, health, peace and morals of the municipality or its residents.

(5) The applicant shall submit to the Board, along with its application for transfer, a copy of the receiving municipality’s approval of the intermunicipal transfer of the license in the form of an ordinance or resolution which includes the applicant’s name and exact address.