Application For Temporary Operating Permit {125}

FORM 125 REV Jul. 9, 18 Page 1 of 2 APPLICATION FOR TEMP ORARY OPERATING PERMIT ( AKA T.O.P.) NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO BOX 95046 LINCOLN, NE 68509 - 5046 PHONE: (402) 471 - 2571 FAX: (402) 471 - 2814 we bsite: www.lcc.nebraska.gov Nebraska Liquor Control Act 247 53 - 149 (2) A license issued under the act terminates immediately upon the sale of the licensed premises named in such l icense. The purchaser or transferee may submit an application for a license under the act prior to closing such sale or transfer. While such application is pending, the purchaser may request and obtain a temporary operating permit from the commission which shall authorize the purchaser to continue the business which was conducted on the purchased premises under the terms and conditions of the terminated license for ninety days or until the purchaser has obtained a license in its own name, whichever occurs sooner. Prior to the issuance of a temporary operating permit, the purchaser shall supply the commission with documentation from the seller that the seller is current on all accounts with any wholesaler under section 247 53 - 123.02 . A seller who provides false information regarding such accounts is guilty of a Class IV misdemeanor for each offense. In the absence of such temporary operating permit, the pur chaser shall not manufacture, store, or sell alcoholic liquor on the purchased premises until the purchaser has obtained a license in the purchaser's own name. If the application is withdrawn by the applicant or is denied by the commission, the previous li cense may be reinstated at the discretion of the commission upon request by the previous licensee. Rules and Regulations Chapter 2 Section 004 TEMPORARY OPERATING PERMITS 004.01 Someone other than a licensee may operate a business holding a liquor license if all of the following criteria are met: 004.01A A formal application for a new license must be on file with the Commission. 004.01B A request for a temporary operating permit must be filed with the application. 004.01C Temporary operating permits may not exceed 90 days in total duration. 004.01D If the sale of the business fails to occur, the previous licensee can be reinstated during the pendency of the temporary operating permit upon request of the previous license holder. 004.02 Any violations oc curring during the pendency of a temporary operating permit will be adjudicated in the following manner: 004.02A Any violations occurring during the temporary operating permit will be used and conferred upon a license if issued. Any violation may be used to determine the fitness of the applicant to receive the requested license. T EMPORARY O PERATING P ERMIT (T.O.P.) R EVIEW C HECK L IST O FFICE U SE O NLY S ELLER I NFO : License Class & Number : Licens e e: DBA : Signature of Seller on T.O.P. Application Reviewed for Pending Violations Reviewed Delinquent List Reviewed with Di rector B UYER I NFO : License Class & Number : Licens e e: DBA : Signature of Buyer on T.O.P. Application Reviewed Criminal History Reviewed Purchase Agreement Office Use only Date Stamp HERE ONLY Do not stamp any of the following pages Administrative Review - Office Use Only Reviewed by: Approved Denied Date : Comments: Office Use Only BARCODE LABEL American LegalNet, Inc. www.FormsWorkFlow.com FORM 125 REV Jul. 9, 18 Page 2 of 2 L ICENSEE (S ELLER ) AND A PPLICANT (B UYER ) S ECTION C OMPLETE THE F OLLOWING : N AME OF C URRENT L ICENSEE (S ELLER ) AND S ELLER S L ICENSE #: AND N AME OF L ICENSE A PPLICANT ( B UYER ): O N S ELLER AND B UYER ENTERED INTO A CONTRACT FOR SALE OF THE A LCOHOL R ELATED ( D ate) B USINESS KNOWN AS : , ( Trade Name) LOCATED AT : . (Street Address) (City) (State) (Zip Code) B UYER SEEKS TO OBTAIN A TEMPORARY OPERATI NG PERMIT (TOP) TO ALLOW B UYER TO OPERATE THE BUSINESS UNDER THE SAME TERMS AND C ONDITIONS OF THE CUR RENT LICENSEE ; SUBJECT TO APPROVAL BY THE N EBRASKA L IQUOR C ONTROL C OMMISSION (NLCC) FOR A PERIOD NOT TO EXCEED 90 D AYS ( NO EXCEPTIONS ). S ELLER HEREBY DECLARE S THAT THEY ARE CURR ENT ON ALL ACCOUNTS WITH ALL N EBRASKA LICENSED WHO LESALERS UNDER SECTION 24753 - 123.02. A NY S ELLER WHO PROVIDES F ALSE INFORMATION REG ARDING SUCH ACCOUNTS IS GUILTY OF A C LASS IV MISDEMEANOR FOR EA CH OFFENSE . Signature of SELLER ( Do not sign until in the presence of the Notary Public) Printed Name of SELLER State of Nebraska, County of The foregoing instrument was acknowledged before me this : (date) B y : name of person(s) signing document in front of Notary Notary Public S ignature Signature of BUYER (Do not sign until in the presence of the Notary Public) Print ed Name of BUYER State of Nebraska, County of The foregoing instrument was acknowledged before me this : (date) By : name of person(s) signing document in front of Notary Notary Public S ignatu r e Affix Seal Affix Seal American LegalNet, Inc. www.FormsWorkFlow.com