16-12-222. Transfer of ownership; appeals; meaning of license; transfer fees.

No license issued under this part shall transfer ownership within five years of issuance.#

All subsequent transfers of license ownership shall be approved by the commission to become valid. The commission shall not unreasonably withhold approval of a license transfer when the parties adequately demonstrate that a proposed new owner satisfies all requirements necessary to obtain a license and that the transfer is in the best interest of registered patients in this state.#

A licensee who has been denied transfer approval by the commission may file an appeal in the Superior Court of Fulton County in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”#

A license issued pursuant to this article:#

1. (1)

   Is effective for a single business entity;#

2. (2)

   Vests no property or right in the holder of the license except to conduct the licensed business during the period the license is in effect;#

3. (3)

   Is nontransferable, nonassignable by and between owners or location owners and location operators, and not subject to execution; and#

4. (4)

   Expires upon the death of an individual holder of a license or upon the dissolution of any other holder of a license.#

Upon the sale of a licensee’s business in its entirety, the buyer shall pay to the commission, subject to approval, a transfer fee for the license that accompanies the business in the following amounts:#

1. (1)

   For the first sale of a:#

   1. (A)

      Class 1 production license business, a transfer fee for the license in the amount of $100,000.00; and#

   2. (B)

      Class 2 production license business, a transfer fee for the license in the amount of $12,500.00;#

2. (2)

   For the second sale of a:#

   1. (A)

      Class 1 production license business, a transfer fee for the license in the amount of $150,000.00; and#

   2. (B)

      Class 2 production license business, a transfer fee for the license in the amount of $62,500.00;#

3. (3)

   For the third sale of a:#

   1. (A)

      Class 1 production license business, a transfer fee for the license in the amount of $200,000.00; and#

   2. (B)

      Class 2 production license business, a transfer fee for the license in the amount of $112,500.00; and#

4. (4)

   For the fourth or subsequent sale of a:#

   1. (A)

      Class 1 production license business, a transfer fee for the license in an amount to be established by the commission, which shall be not less than $200,000.00; and#

   2. (B)

      Class 2 production license business, a transfer fee for the license in an amount to be established by the commission, which shall be not less than $112,500.00.#