Bill Text: OH HB460 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To require the Division of Liquor Control to refuse to issue, renew, or transfer the ownership or location of a retail liquor permit if the applicant has violated the liquor control laws.

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2012-02-22 - To State Government & Elections [HB460 Detail]

Download: Ohio-2011-HB460-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 460

Representative Patmon 

Cosponsors: Representatives Amstutz, Phillips, Barnes 

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A BILL

To amend section 4303.292 of the Revised Code to

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require the Division of Liquor Control to refuse

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to issue, renew, or transfer the ownership or

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location of a retail liquor permit if the

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applicant has violated the liquor control laws.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4303.292 of the Revised Code be	6
amended to read as follows:	7

Sec. 4303.292.  (A) The division of liquor control may refuse	8
to issue, transfer the ownership of, or renew, and shall refuse to	9
transfer the location of, any retail permit issued under this	10
chapter if it finds either of the following:	11

(1) That the applicant, or any partner, member, officer,	12
director, or manager of the applicant, or, if the applicant is a	13
corporation or limited liability company, any shareholder owning	14
five per cent or more of the applicant's capital stock in the	15
corporation or any member owning five per cent or more of either	16
the voting interests or membership interests in the limited	17
liability company:	18

(a) Has been convicted at any time of a crime that relates to	19
fitness to operate a liquor establishment;	20

(b) Has operated liquor permit businesses in a manner that	21
demonstrates a disregard for the laws, regulations, or local	22
ordinances of this state or any other state;	23

(c) Has misrepresented a material fact in applying to the	24
division for a permit; or	25

(d) Is in the habit of using alcoholic beverages or dangerous	26
drugs to excess, or is addicted to the use of narcotics.	27

(2) That the place for which the permit is sought:

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(a) Does not conform to the building, safety, or health	29
requirements of the governing body of the county or municipal	30
corporation in which the place is located. As used in division	31
(A)(2)(a) of this section, "building, safety, or health	32
requirements" does not include local zoning ordinances. The	33
validity of local zoning regulations shall not be affected by this	34
section.	35

(b) Is so constructed or arranged that law enforcement	36
officers and duly authorized agents of the division are prevented	37
from reasonable access to rooms within which beer or intoxicating	38
liquor is to be sold or consumed;	39

(c) Is so located with respect to the neighborhood that	40
substantial interference with public decency, sobriety, peace, or	41
good order would result from the issuance, renewal, transfer of	42
location, or transfer of ownership of the permit and operation	43
under it by the applicant; or	44

(d) Has been declared a nuisance pursuant to Chapter 3767. of	45
the Revised Code since the time of the most recent issuance,	46
renewal, or transfer of ownership or location of the liquor	47
permit.	48

(B) The division of liquor control may refuse to issue or	49
transfer the ownership of, and shall refuse to transfer the	50
location of, any retail permit issued under this chapter if it	51
finds either of the following:	52

(1) That the place for which the permit is sought is so	53
situated with respect to any school, church, library, public	54
playground, or hospital that the operation of the liquor	55
establishment will substantially and adversely affect or interfere	56
with the normal, orderly conduct of the affairs of those	57
facilities or institutions;	58

(2) That the number of permits already existent in the	59
neighborhood is such that the issuance or transfer of location of	60
a permit would be detrimental to and substantially interfere with	61
the morals, safety, or welfare of the public. In reaching a	62
conclusion in this respect, the division shall consider, in light	63
of the purposes of this chapter and Chapters 4301. and 4399. of	64
the Revised Code, the character and population of the	65
neighborhood, the number and location of similar permits in the	66
neighborhood, the number and location of all other permits in the	67
neighborhood, and the effect the issuance or transfer of location	68
of a permit would have on the neighborhood.	69

(C) The division of liquor control shall not transfer the	70
location or transfer the ownership and location of a permit under	71
division (B)(2)(b) of section 4303.29 of the Revised Code unless	72
the permit is transferred to an economic development project.	73

(D) The division of liquor control shall refuse to issue,	74
renew, transfer the ownership of, or transfer the location of a	75
retail permit under this chapter if the applicant is or has been	76
convicted of a violation of division (C)(1) of section 2913.46 of	77
the Revised Code.	78

(E) The division of liquor control shall refuse to transfer	79
the ownership of or transfer the location of a retail permit under	80
this chapter while criminal proceedings are pending against the	81
holder of the permit for a violation of division (C)(1) of section	82
2913.46 of the Revised Code. The department of public safety shall	83
notify the division whenever criminal proceedings have commenced	84
for a violation of division (C)(1) of section 2913.46 of the	85
Revised Code.	86

(F) The division of liquor control shall refuse to issue,	87
renew, or transfer the ownership or location of a retail permit	88
under this chapter if the applicant has been found to be	89
maintaining a nuisance under section 3767.05 of the Revised Code	90
at the premises for which the issuance, renewal, or transfer of	91
ownership or location of the retail permit is sought.	92

(G) The division shall refuse to issue, renew, or transfer	93
the ownership or location of a retail permit under this chapter if	94
the applicant has violated this chapter, Chapter 4301. of the	95
Revised Code, or rules adopted under those chapters.	96

Section 2. That existing section 4303.292 of the Revised Code	97
is hereby repealed.	98