Sec. 4301.17. (A)(1) Subject to local option as provided in | 11 |
sections 4301.32 to 4301.40 of the Revised Code, five state
liquor | 12 |
stores or agencies may be established in each county. One | 13 |
additional store may be established in any county for each
twenty | 14 |
thousand of population of
that county or major
fraction
thereof
in | 15 |
excess of the first forty thousand, according
to the
last | 16 |
preceding federal
decennial census
or according to the
population | 17 |
estimates certified by the department of development
between | 18 |
decennial censuses. A person engaged in a mercantile
business may | 19 |
act as the agent for the division of
liquor
control
for the sale | 20 |
of spirituous liquor in a municipal
corporation, in
the | 21 |
unincorporated area
of a township, or in
an area designated
and | 22 |
approved as a
resort area under section
4303.262 of the
Revised | 23 |
Code. The
division shall
fix
the compensation for such
an
agent
in
| 24 |
the
manner
it
considers best, but
the compensation
shall
not | 25 |
exceed
seven per cent of the gross
sales made by
the
agent in
any | 26 |
one
year. | 27 |
(3) Except as otherwise provided in this section, no | 33 |
mercantile
business
that sells beer or intoxicating
liquor for | 34 |
consumption on
the premises under a permit issued by
the division | 35 |
shall operate
an agency store at
the premises.
An
agency to which | 36 |
a D-1 permit has been
issued may
offer for sale
tasting samples of | 37 |
beer, an agency
to which a
D-2
permit has been
issued may offer | 38 |
for sale tasting samples of wine
and mixed
beverages, and an | 39 |
agency to which a D-5 permit
has been
issued may
offer for sale | 40 |
tasting samples of beer, wine, and mixed
beverages,
but not | 41 |
spirituous liquor. A tasting sample shall not
be sold
for
the | 42 |
purpose of
general consumption. As used in this
section,
"tasting | 43 |
sample" means a small
amount of beer, wine, or
mixed
beverages | 44 |
that is provided in not more than
four servings of
not
more than | 45 |
two ounces each to an authorized purchaser and
that
allows the | 46 |
purchaser to determine, by tasting only, the quality
and
character | 47 |
of the beverage. | 48 |
(B) When an agency contract is proposed, when an existing | 49 |
agency
contract is assigned, when an existing agency proposes to | 50 |
relocate, or when an existing agency is relocated and assigned, | 51 |
before entering into any
contract,
consenting to any assignment, | 52 |
or consenting to any relocation, the division shall
notify the | 53 |
legislative authority of the municipal corporation
in
which the | 54 |
agency store is to be located, or the
board
of county | 55 |
commissioners and the board of township trustees
of the
county and | 56 |
the township in which the agency store is to be
located
if the | 57 |
agency store is to be located outside the
corporate limits
of a | 58 |
municipal corporation, of the proposed
contract, assignment, or | 59 |
relocation, and
an
opportunity shall be provided officials or | 60 |
employees of the
municipal corporation or county and township for | 61 |
a complete
hearing upon the advisability of entering into the
| 62 |
contract
or
consenting to the assignment or relocation. When the | 63 |
division sends notice
to
the
legislative
authority of the | 64 |
political subdivision, the
division shall
notify, by certified | 65 |
mail or by personal
service,
the chief peace
officer of the | 66 |
political subdivision,
who
may
appear and testify,
either in | 67 |
person or through a
representative,
at any hearing held
on the | 68 |
advisability of
entering into the
contract
or consenting to the | 69 |
assignment or relocation. | 70 |
If
the proposed agency store, the assignment of an agency | 71 |
contract, or the relocation of an agency store
would
be located | 72 |
within five
hundred
feet of a school, church,
library,
public | 73 |
playground, or
township
park, the division shall
not enter
into an | 74 |
agency
contract
until it has provided notice of
the
proposed | 75 |
contract to
the
authorities in control of the school,
church, | 76 |
library, public
playground, or township park and has
provided
| 77 |
those authorities
with
an opportunity for
a complete hearing
upon | 78 |
the advisability
of
entering into the
contract. If an agency
store | 79 |
sois located within one thousand feet of a school, church, | 80 |
library, public playground, or township park and is
operating | 81 |
under an
agency contract,
the
division may
consent to relocation | 82 |
of the agency store or to
the assignment of
that
contract to | 83 |
operate
an agency store at the
samea location that is not within | 84 |
one thousand feet of a school, church, library, public playground, | 85 |
or township park. The
division may also consent to the assignment | 86 |
of an existing agency
contract simultaneously with the relocation | 87 |
of thethat agency store.
In any such assignment or relocation, | 88 |
the assignee and the
location shall be subject to the same | 89 |
requirements that the
existing location met at the time that the | 90 |
contract was first
entered into as well as any additional | 91 |
requirements imposed by the
division in rules adopted by the | 92 |
superintendent of liquor control.
The division
shall not consent | 93 |
to an
assignment or relocation of
an agency store
until it has | 94 |
notified the
authorities in control
of the
school,
church, | 95 |
library, public
playground, or township
park and
has
provided
| 96 |
those authorities with
an opportunity for
a
complete
hearing upon | 97 |
the advisability of
consenting to the
assignment or relocation. | 98 |
Any hearing
provided for in this division shall be held in | 99 |
the
central office of the division,
except that upon
written | 100 |
request of the legislative authority of the municipal
corporation, | 101 |
the board of county commissioners, or
the board of
township | 102 |
trustees,
or the authorities in control of the school, church, | 103 |
library,
public playground, or township park,
the hearing shall | 104 |
be
held in
the county seat
of the county where
the proposed | 105 |
agency
store is
to be located. | 106 |
(C) The division shall not enter into an agency contract, | 107 |
consent to the assignment of an existing contract, consent to the | 108 |
relocation of an existing agency, or consent to the relocation and | 109 |
assignment of an existing agency if the proposed agency store, the | 110 |
assignment of an agency contract, the relocation of an existing | 111 |
agency store, or the relocation and assignment of an existing | 112 |
agency store would be located within one thousand feet of a | 113 |
school, church, library, public playground, or township park. | 114 |
The division shall issue a C-1 and C-2 permit to each
agent | 126 |
who prior to
November 1, 1994, had not been issued both of these | 127 |
permits,
notwithstanding the population quota restrictions | 128 |
contained in section 4303.29
of the Revised Code or in any rule of | 129 |
the liquor control commission and
notwithstanding the requirements | 130 |
of section 4303.31 of the Revised Code. The
location of a C-1 or | 131 |
C-2 permit issued to such an agent shall not be
transferred. The | 132 |
division shall revoke any C-1 or C-2
permit issued to
an agent | 133 |
under this paragraph if the agent no longer operates an agency | 134 |
store. | 135 |
If the division closes a state liquor store and replaces the | 149 |
store with an
agency store, any employees of the division employed | 150 |
at the state liquor store
who lose their jobs at that store as a | 151 |
result may displace other
employees as provided in sections | 152 |
124.321 to 124.328 of the Revised Code. If
an employee cannot | 153 |
displace other employees and is laid off, the employee
shall be | 154 |
reinstated in another job as provided in sections 124.321 to | 155 |
124.328
of the Revised Code, except that the employee's rights of | 156 |
reinstatement in a
job at a state liquor store shall continue for | 157 |
a period of two years after the
date of the employee's layoff and | 158 |
shall apply to jobs at state liquor stores
located in the | 159 |
employee's layoff jurisdiction and any layoff jurisdiction | 160 |
adjacent to the employee's layoff jurisdiction. | 161 |
Sec. 4303.26. (A) Applications for regular permits | 166 |
authorized by sections 4303.02 to 4303.23 of the Revised Code may | 167 |
be filed with the division of liquor control. No permit
shall
be | 168 |
issued by the division until fifteen days after the
application | 169 |
for it is filed. An applicant for the issuance of a
new permit | 170 |
shall pay a processing fee of one hundred dollars when
filing | 171 |
application for the permit, if the permit is
then available, or | 172 |
shall pay the processing fee when a permit becomes
available, if | 173 |
it is not available when the applicant initially
files the | 174 |
application. When an application for a new class C or
D permit is | 175 |
filed, when class C or D permits become available, or
when an | 176 |
application for transfer of ownership of a class C or D
permit or | 177 |
transfer of a location of a class C or D permit is
filed, no | 178 |
permit shall be issued, nor shall the location or the
ownership of | 179 |
a permit be transferred, by the division until the
division | 180 |
notifies the legislative authority of the municipal
corporation, | 181 |
if the business or event is or is to be located
within the | 182 |
corporate limits of a municipal corporation, or the
clerk of the | 183 |
board of county commissioners and
the fiscal officer of the board | 184 |
of township trustees
in the county in which the business or event | 185 |
is or is to be
conducted, if the business is or is to be located | 186 |
outside the
corporate limits of a municipal corporation, and an | 187 |
opportunity
is provided officials or employees of the municipal | 188 |
corporation
or county and township, who shall be designated by the | 189 |
legislative authority of the municipal corporation or the board
of | 190 |
county commissioners or
board of township trustees, for a complete | 191 |
hearing upon the advisability of the issuance, transfer of | 192 |
ownership, or transfer of location of the permit. In this
hearing, | 193 |
no objection to the issuance, transfer of ownership, or
transfer | 194 |
of location of the permit shall be based upon
noncompliance of the | 195 |
proposed permit premises with local zoning
regulations which | 196 |
prohibit the sale of beer or intoxicating
liquor, in an area zoned | 197 |
for commercial or industrial uses, for a
permit premises that | 198 |
would otherwise qualify for a proper permit
issued by the | 199 |
division. | 200 |
When the division sends notice to the legislative or | 201 |
executive authority of the political subdivision, as required by | 202 |
this section, the division shall also so notify, by certified | 203 |
mail, return receipt requested, or by personal service, the chief | 204 |
peace officer of the political subdivision. Upon the request of | 205 |
the chief peace officer, the division shall send the chief peace | 206 |
officer a
copy of the application for the issuance or the transfer | 207 |
of ownership or
location of the permit and all other documents or | 208 |
materials filed
by the applicant or applicants in relation to the | 209 |
application.
The chief peace officer may appear and testify, | 210 |
either in person
or through a representative, at any hearing held | 211 |
on the
advisability of the issuance, transfer of ownership, or | 212 |
transfer
of location of the permit. The hearing shall be held in | 213 |
the
central office of the division, except that upon written | 214 |
request of the legislative authority of the municipal corporation | 215 |
or the board of county commissioners or
board of township | 216 |
trustees, the
hearing shall be held in the county seat of the | 217 |
county where the
applicant's business is or is to be conducted. | 218 |
If the business or event specified in an application for
the | 219 |
issuance, transfer of ownership, or transfer of location of
any | 220 |
regular permit authorized by sections 4303.02 to 4303.23 of
the | 221 |
Revised Code, except for an F-2 permit, is, or is to be
operated, | 222 |
within five hundred feet from the boundaries of a
parcel of real | 223 |
estate having situated on it a school, church,
library, public | 224 |
playground, or township park, no permit shall be
issued, nor shall | 225 |
the location or the ownership of a permit be
transferred, by the | 226 |
division until written notice of the
filing
of the application | 227 |
with the division is served, by certified
mail, return receipt | 228 |
requested, or by personal service, upon the
authorities in control | 229 |
of the school, church, library, public
playground, or township | 230 |
park and an opportunity is provided them
for a complete hearing | 231 |
upon the advisability of the issuance,
transfer of ownership, or | 232 |
transfer of location of the permit. In
this hearing, no objection | 233 |
to the issuance, transfer of
ownership, or transfer of location of | 234 |
the permit shall be based
upon the noncompliance of the proposed | 235 |
permit premises with local
zoning regulations which prohibit the | 236 |
sale of beer or
intoxicating liquor, in an area zoned for | 237 |
commercial or
industrial uses, for a permit premises that would | 238 |
otherwise
qualify for a proper permit issued by the
division.
Upon | 239 |
the written request of
any
of these authorities, the
hearing
shall | 240 |
be held in the county seat of the county where the
applicant's | 241 |
business is or is to be conducted. | 242 |
A request for any hearing authorized by this section shall
be | 243 |
made no later than thirty days from the time of notification
by | 244 |
the division. This thirty-day period begins on the date the | 245 |
division mails notice to the legislative authority or
the date on | 246 |
which the division mails notice to or, by
personal service, serves | 247 |
notice upon, the institution. The
division shall conduct a
hearing | 248 |
if the request for the
hearing is
postmarked by the
deadline date. | 249 |
The division may allow, upon cause shown by
the
requesting | 250 |
legislative authority or board, an extension of
thirty
additional | 251 |
days for the legislative authority of the
municipal
corporation, | 252 |
board of township trustees of the
township, or board
of county | 253 |
commissioners of the county in which
a permit premises
is or is to | 254 |
be located to object to the
issuance, transfer of
ownership, or | 255 |
transfer of location of a
permit.
The request
for the extension | 256 |
shall be made by the
legislative authority or
board to the | 257 |
division no later than
thirty days after the time of
notification | 258 |
by the division. | 259 |
(B)(1) When an application for transfer of ownership of a | 260 |
permit is filed with the division, the
division shall give
notice | 261 |
of the application to the department of taxation. Within
twenty | 262 |
days after receiving this notification, the department
of taxation | 263 |
shall notify the division of liquor control and
the proposed | 264 |
transferee of the permit if the permit holder owes to
this state | 265 |
any delinquent sales taxes or income taxes withheld
from employee | 266 |
compensation or has failed to file any sales tax
returns or | 267 |
employee income tax withholding returns, to the extent
that
the | 268 |
delinquent taxes and delinquent returns are known to
the | 269 |
department of taxation at that time. The division shall not | 270 |
transfer
ownership of the permit until
returns known to be | 271 |
delinquent are filed and until
the tax
or withholding
delinquency | 272 |
is resolved. As used in this
division, "resolved"
means that the | 273 |
tax or withholding
delinquency has been paid or an
amount | 274 |
sufficient to satisfy the
delinquency is in escrow for the
benefit | 275 |
of the state. The
department of taxation shall notify the
division | 276 |
of the resolution. After the
division has received
the | 277 |
notification from the department of
taxation, the division may | 278 |
proceed to
transfer ownership of the permit. Nothing in this | 279 |
division shall
be construed to affect or limit the | 280 |
responsibilities or
liabilities of the transferor or the | 281 |
transferee imposed by
Chapter 5739. or 5747. of the Revised Code. | 282 |
(D) The division of liquor control shall notify an applicant | 293 |
for
a permit authorized by sections 4303.02 to 4303.23 of the | 294 |
Revised
Code of an action pending or judgment entered against a | 295 |
liquor permit
premises, of which the division has knowledge, | 296 |
pursuant to section 3767.03
or 3767.05 of the Revised Code if the | 297 |
applicant is applying
for a permit at the location of the premises | 298 |
that is the subject of the action
under section 3767.03 or | 299 |
judgment under section 3767.05 of the
Revised Code. | 300 |
(1) That the applicant,
or any partner, member, officer, | 305 |
director, or manager
of the applicant, or, if the
applicant is a | 306 |
corporation or limited liability company,
any
shareholder
owning
| 307 |
five per
cent or more of
the
applicant's
capital stock
in the | 308 |
corporation or any member owning
five per cent or more of either | 309 |
the voting interests or membership
interests in the limited | 310 |
liability company: | 311 |
(2) That the number of permits already existent in the | 352 |
neighborhood is such that the issuance or transfer of location of | 353 |
a permit would be detrimental to and substantially interfere with | 354 |
the morals, safety, or welfare of the public. In reaching
a | 355 |
conclusion in this respect, the division shall
consider, in
light | 356 |
of the purposes of
this chapter and Chapters 4301.
and 4399. of | 357 |
the
Revised Code, the character and population of the | 358 |
neighborhood,
the number and location of similar permits in the | 359 |
neighborhood,
the number and location of all other permits in the | 360 |
neighborhood,
and the effect the issuance or transfer of location | 361 |
of a permit
would have on the neighborhood. | 362 |