A. If a mixed beverage licensee sells or otherwise transfers the licensee's financial interest in a licensed premises to another party who obtains a mixed beverage license for the premises, any alcoholic beverages on the premises may be transferred to the new licensee. Provided, if the premises are not in continuous operation as a mixed beverage establishment prior to and during the transfer of financial interest in the premises, the transfer of alcoholic beverages shall be limited to alcoholic beverages in the original container which have not been opened and which have not had the seal broken and the original cap or cork removed.
B. If an on-premises beer and wine licensee sells or otherwise transfers the licensee's financial interest in a licensed premises to another party who obtains an on-premises beer and wine license for the premises, any beer and wine on the premises may be transferred to the new licensee. Provided, if the premises are not in continuous operation as a beer and wine establishment prior to and during the transfer of financial interest in the premises, the transfer of beer and wine shall be limited to beer and wine in the original containers which have not been opened and which have not had the seal broken and the original cap or cork removed.
C. There shall be no liability on the part of, and no cause of action of any nature shall arise against the ABLE Commission for the contents of any alcoholic beverages transferred pursuant to the provisions of this section.
Added by Laws 2016, c. 366, § 67, eff. Oct. 1, 2018.
NOTE: Laws 2016, c. 366, was conditionally effective upon passage of State Question No. 792, Legislative Referendum No. 370, which was adopted at election held on Nov. 8, 2016.
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