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ORDINANCE 1294ORDINANCE NO. 1294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO AMENDING SECTION 5.04.160 ENTITLED "TRANSFERABILITY," OF CHAPTER 5.04 ENTITLED "LICENSES IN GENERAL," OF TITLE 5 ENTITLED , "BUSINESS REGULATION AND LICENSING," OF THE EL SEGUNDO MUNICIPAL CODE RELATING TO BUSINESS ACQUISITIONS AND MERGERS THE EL SEGUNDO CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1. Section 5.04.160 entitled "Transferability," of Chapter 5.04 entitled "LICENSES IN GENERAL," of Title 5 entitled 'BUSINESS REGULATION AND LICENSING," of the El Segundo Municipal Code is hereby amended to read as follows: "5.04.160 TRANSFERABILITY. a. Transferability Generally. Licenses are nontransferable: however, an owner of a relocated business may obtain a license for the business at the new location for the unexpired calendar year upon surrendering the license issued for the former place of business and the payment of a six dollar fee. b. Acquisition of a Business Notwithstanding anything in this Code to the contrary, where a business that is properly licensed under this Code is the subject of an acquisition, merger or reorganization and the nature of such business will remain substantially the same as prior to the acquisition, merger or reorganization, the owner or new owner, as the case may be, may obtain a license for the business for the unexpired calendar year upon surrendering the previously issued license and the payment of a six dollar fee. The owner or new owner, as the case may be, shall provide documentation verifying such acquisition, merger or reorganization to the satisfaction of the Director of Finance. The acquisition, merger or reorganization of an ongoing business that is properly licensed under this Code where the nature of such business will remain substantially the same as prior to the acquisition, merger or reorganization shall not be deemed to be a new business for purposes of Title 5 of this Code.." SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause of phrase of this Ordinance or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The El Segundo City Council hereby declares that it would have passed each and every section, subsection, subdivision, paragraph, sentence, clause of phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases by declared invalid or unconstitutional. ORDINANCE NO. 1294 RELATING TO BUSINESS ACQUISITIONS AND MERGERS PAGE NO. 1 SECTION 3. The City Clerk shall certify to the passage and adoption of this Ordinance; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED, AND ADOPTED ON February 2, 1999. Mike ordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1294 was duly introduced by said City Council at a regular meeting held on the 19th day of January, 1999, and was duly passed and adopted by said City Council, approved and signed the Mayor and attested to by the City 999le meeting 2 f 1999, and the am as o passed and adopted by the 2nd _day of February following vote AYES: Jacobs, McDowell, Gaines, Wernick NOES: None ABSENT: Gordon ABSTAIN: None Aindy 'Citv t (CY- ort erk APP ROVED AS TO FORM: ark D. Hensley, City Attorn ORDINANCE NO. 12 9 4 RELATING TO BUSINESS ACQUISITIONS AND MERGERS PAGE NO. 2