(a) Transfer of dealership outlet/location(s) by sale, lease, or gift.
- (1) Licensing. The purchaser, lessee, or donee of any dealership outlet or location shall apply for and be issued an LP-gas license prior to engaging in any dealership operation which requires such a license.
- (2) Notice. The purchaser, lessee, or donee of any dealership outlet or location or the authorized representative thereof shall notify the commission by certified mail of a completed transfer of such outlet or location prior to engaging in any operation through that outlet or location which requires an LP-gas license.
(b) Other changes in ownership.
- (1) Licensing. Upon the death of a sole proprietor or partner, or the dissolution of a corporation or partnership, or any change in members of a partnership, or other change in ownership not specifically provided for elsewhere in this section, all operations of the previously existing dealership which require an LP-gas license shall cease immediately and no operation shall resume until an LP-gas license is issued to the successor(s) in interest and the notice requirement of paragraph (2) of this subsection has been satisfied.
- (2) Notice. An authorized representative of the previously existing dealership or of successor(s) in interest shall notify the commission by certified mail of the death of a sole proprietor or partner, or the dissolution of a partnership or corporation, or any change in partnership members, or other change in ownership not specifically provided for elsewhere in this section.
- (3) Change in partnership members. A change in members of a partnership occurs upon the death, withdrawal, expulsion, or addition of a partner.
(c) Change in dealership business form.
- (1) Licensing. When a dealership converts from one business entity into a different kind of business entity, the resulting dealership must apply for and be issued a license before engaging in any operation which requires an LP-gas license.
- (2) Notice. A dealership's authorized representative shall notify the commission by certified mail of an accomplished change in business form before the dealership, as altered, engages in any operation requiring an LP-gas license.
Source Note:The provisions of this §9.16 adopted to be effective November 15, 1990, 15 TexReg 5925; amended to be effective October 15, 1993, 18 TexReg 6443.