Bill Text: OH Senate Bill 49 - 129th General Assembly (2011-2012)
Other Bill Drafts: Introduced
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Senator Kearney
| To amend section 4303.292 of the Revised Code to | 1 |
| prevent the issuance or transfer of a retail | 2 |
| liquor permit if the place for which the permit is | 3 |
| sought is so situated that it will substantially | 4 |
| and adversely affect the normal, orderly conduct | 5 |
| of a nursing home or childcare center and to | 6 |
| prevent issuing or transferring the location of a | 7 |
| retail liquor permit if the number of existing | 8 |
| permits in the neighborhood is such that the | 9 |
| issuance or transfer would be detrimental to and | 10 |
| interfere with public morals, safety, or welfare. | 11 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 4303.292 of the Revised Code be | 12 |
| amended to read as follows: | 13 |
| Sec. 4303.292. (A) The division of liquor control may refuse | 14 |
| to issue, transfer the ownership of, or renew, and shall refuse to | 15 |
| transfer the location of, any retail permit issued under this | 16 |
| chapter if it finds either of the following: | 17 |
| (1) That the applicant, or any partner, member, officer, | 18 |
| director, or manager of the applicant, or, if the applicant is a | 19 |
| corporation or limited liability company, any shareholder owning | 20 |
| five per cent or more of the applicant's capital stock in the | 21 |
| corporation or any member owning five per cent or more of either | 22 |
| the voting interests or membership interests in the limited | 23 |
| liability company: | 24 |
| (a) Has been convicted at any time of a crime that relates to | 25 |
| fitness to operate a liquor establishment; | 26 |
| (b) Has operated liquor permit businesses in a manner that | 27 |
| demonstrates a disregard for the laws, regulations, or local | 28 |
| ordinances of this state or any other state; | 29 |
| (c) Has misrepresented a material fact in applying to the | 30 |
| division for a permit; or | 31 |
| (d) Is in the habit of using alcoholic beverages or dangerous | 32 |
| drugs to excess, or is addicted to the use of narcotics. | 33 |
| (2) That the place for which the permit is sought: | 34 |
| (a) Does not conform to the building, safety, or health | 35 |
| requirements of the governing body of the county or municipal | 36 |
| corporation in which the place is located. As used in division | 37 |
| (A)(2)(a) of this section, "building, safety, or health | 38 |
| requirements" does not include local zoning ordinances. The | 39 |
| validity of local zoning regulations shall not be affected by this | 40 |
| section. | 41 |
| (b) Is so constructed or arranged that law enforcement | 42 |
| officers and duly authorized agents of the division are prevented | 43 |
| from reasonable access to rooms within which beer or intoxicating | 44 |
| liquor is to be sold or consumed; | 45 |
| (c) Is so located with respect to the neighborhood that | 46 |
| substantial interference with public decency, sobriety, peace, or | 47 |
| good order would result from the issuance, renewal, transfer of | 48 |
| location, or transfer of ownership of the permit and operation | 49 |
| under it by the applicant; or | 50 |
| (d) Has been declared a nuisance pursuant to Chapter 3767. of | 51 |
| the Revised Code since the time of the most recent issuance, | 52 |
| renewal, or transfer of ownership or location of the liquor | 53 |
| permit. | 54 |
| (B) The division of liquor control | 55 |
| 56 | |
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the location of | 57 |
| finds either of the following: | 58 |
| (1) That the place for which the permit is sought is so | 59 |
| situated with respect to any school, childcare center, church, | 60 |
|
library, public playground, | 61 |
| operation of the liquor establishment will substantially and | 62 |
| adversely affect or interfere with the normal, orderly conduct of | 63 |
| the affairs of those facilities or institutions; | 64 |
| (2) That the number of permits already existent in the | 65 |
| neighborhood is such that the issuance or transfer of location of | 66 |
|
a permit would be detrimental to and | 67 |
| the morals, safety, or welfare of the public. In reaching a | 68 |
| conclusion in this respect, the division shall consider, in light | 69 |
| of the purposes of this chapter and Chapters 4301. and 4399. of | 70 |
| the Revised Code, the character and population of the | 71 |
| neighborhood, the number and location of similar permits in the | 72 |
| neighborhood, the number and location of all other permits in the | 73 |
| neighborhood, and the effect the issuance or transfer of location | 74 |
| of a permit would have on the neighborhood. | 75 |
| (C) The division of liquor control shall not transfer the | 76 |
| location or transfer the ownership and location of a permit under | 77 |
| division (B)(2)(b) of section 4303.29 of the Revised Code unless | 78 |
| the permit is transferred to an economic development project. | 79 |
| (D) The division of liquor control shall refuse to issue, | 80 |
| renew, transfer the ownership of, or transfer the location of a | 81 |
| retail permit under this chapter if the applicant is or has been | 82 |
| convicted of a violation of division (C)(1) of section 2913.46 of | 83 |
| the Revised Code. | 84 |
| (E) The division of liquor control shall refuse to transfer | 85 |
| the ownership of or transfer the location of a retail permit under | 86 |
| this chapter while criminal proceedings are pending against the | 87 |
| holder of the permit for a violation of division (C)(1) of section | 88 |
| 2913.46 of the Revised Code. The department of public safety shall | 89 |
| notify the division whenever criminal proceedings have commenced | 90 |
| for a violation of division (C)(1) of section 2913.46 of the | 91 |
| Revised Code. | 92 |
| (F) The division of liquor control shall refuse to issue, | 93 |
| renew, or transfer the ownership or location of a retail permit | 94 |
| under this chapter if the applicant has been found to be | 95 |
| maintaining a nuisance under section 3767.05 of the Revised Code | 96 |
| at the premises for which the issuance, renewal, or transfer of | 97 |
| ownership or location of the retail permit is sought. | 98 |
| Section 2. That existing section 4303.292 of the Revised | 99 |
| Code is hereby repealed. | 100 |