(A)(1) To suspend, revoke, and cancel permits. A majority of | 15 |
|
the
commissioners constitutes a quorum for the transaction of any | 16 |
|
business, for the performance of any duty, or for the exercise of | 17 |
|
any power of the commission. No vacancy in the commission shall | 18 |
|
impair the right of the remaining commissioners to exercise all | 19 |
|
powers of the commission. The act of a majority of the
commission, | 20 |
|
when in session, is the act of the commission. A
finding, order, | 21 |
|
or decision of the commission to suspend a permit
shall state and | 22 |
|
fix the effective date of the commencement and
the period of | 23 |
duration of suchthe suspension. SuchA finding, order,
or | 24 |
|
decision of
the commission to revoke or cancel a permit shall | 25 |
|
state and fix
the effective date thereof. | 26 |
(B)(2) To consider, hear, and determine all appeals | 27 |
|
authorized
by Chapters 4301. and 4303. of the Revised Code, to be | 28 |
|
taken from
any decision, determination, or order of the
division | 29 |
|
of liquor
control, and all complaints for the
revocation of | 30 |
|
permits.
The
liquor control commission shall accord a hearing to | 31 |
any
person
appealing or complained against, at which suchthe | 32 |
|
person has
the
right to be present, to be represented by counsel, | 33 |
| to provide for the submission of briefs, to offer
evidence, and to | 34 |
|
require the attendance of witnesses. | 35 |
| Except as otherwise provided in division (A)(2) of this | 36 |
|
section, with regard to the hearing of an appeal from any decision | 37 |
|
rendered by the division on the issuance, renewal, or transfer of | 38 |
|
a permit under section 4303.292 of the Revised Code, the | 39 |
|
commission shall be confined to the record as certified to it by | 40 |
|
the division under that section.
However, unless otherwise | 41 |
|
provided by law, the commission may grant a request for the | 42 |
|
admission of additional evidence when it is satisfied that the | 43 |
|
additional evidence is newly discovered and could not have been | 44 |
|
ascertained with reasonable diligence prior to the hearing before | 45 |
|
the division. | 46 |
| After a hearing that is held under this division, the | 47 |
|
commission may affirm the decision, determination, or order of the | 48 |
|
division if it finds, upon consideration of the entire record and | 49 |
|
any additional evidence that the commission has admitted, that the | 50 |
|
decision, determination, or order is supported by reliable, | 51 |
|
probative, and substantial evidence and is in accordance with law. | 52 |
|
In the absence of such a finding, the commission may reverse, | 53 |
|
vacate, or modify the decision, determination, or order or make | 54 |
|
another ruling that is supported by reliable, probative, and | 55 |
|
substantial evidence and is in accordance with law. | 56 |
(E)(5) To require of the superintendent and of any officer, | 64 |
|
department, board, or commission of the state and of any county, | 65 |
|
township, or municipal officer in this state, information with | 66 |
respect to the social and economic effects of suchthose chapters; | 67 |
|
and
all such officers, departments, boards, and commissions shall | 68 |
|
furnish such information when requested in writing by the liquor | 69 |
|
control commission. | 70 |
(G)(B) For the purpose of any hearing or investigation which | 74 |
that
they are respectively authorized or required by suchthose | 75 |
|
chapters to
conduct, the liquor control commission or any member | 76 |
|
thereof, the
superintendent, or any agent of the division | 77 |
|
designated in writing
for that purpose, may administer oaths, take | 78 |
|
depositions, issue
subpoenas, and compel the attendance of | 79 |
|
witnesses and the production
of books, accounts, papers, records, | 80 |
|
documents, and testimony.
In
case of disobedience of any person | 81 |
|
with respect to an order of
the
commission or a subpoena issued | 82 |
|
by the liquor control
commission
or any member thereof, the | 83 |
|
superintendent, or such an
agent, or
on the
refusal of a witness | 84 |
|
to testify to any matter regarding
which the
witness may be | 85 |
|
lawfully interrogated, a judge of the court
of
common pleas of | 86 |
|
the county in which the person resides, on
application of any | 87 |
|
member of the liquor control commission or the
superintendent, | 88 |
|
shall compel obedience by attachment
proceedings
as for
contempt, | 89 |
|
as in the case of disobedience with respect to
the
requirements | 90 |
of a subpoena issued from suchthat court or a refusal
to
testify | 91 |
in suchthat court. Each officer who serves such a subpoena
shall | 92 |
|
receive the same fees as a sheriff, and each witness who
appears, | 93 |
|
in obedience to a subpoena, before the liquor control
commission | 94 |
|
or any member thereof, or the superintendent, shall
receive
for | 95 |
|
attendance the fees and mileage provided for under
section | 96 |
|
119.094 of
the Revised Code, which shall be audited and
paid upon | 97 |
|
presentation of proper vouchers approved by any two
members of the | 98 |
|
commission. No witness subpoenaed at the instance
of a party other | 99 |
|
than the liquor control commission or any member
thereof, the | 100 |
|
superintendent, or such an agent, is entitled to
compensation | 101 |
|
unless
the commission certifies that the testimony
of the | 102 |
|
witness was
material
to the matter investigated. | 103 |
| Sec. 4303.26. (A) Applications for regular permits | 104 |
|
authorized by sections 4303.02 to 4303.23 of the Revised Code may | 105 |
|
be filed with the division of liquor control. No permit
shall
be | 106 |
|
issued by the division until fifteen days after the
application | 107 |
|
for it is filed. An applicant for the issuance of a
new permit | 108 |
|
shall pay a processing fee of one hundred dollars when
filing the | 109 |
|
application for the permit, if the permit is
then available, or | 110 |
|
shall pay the processing fee when a permit becomes
available, if | 111 |
|
it is not available when the applicant initially
files the | 112 |
|
application. When an application for a new class C or
D permit is | 113 |
|
filed, when class C or D permits become available, or
when an | 114 |
|
application for transfer of ownership of a class C or D
permit or | 115 |
|
transfer of a location of a class C or D permit is
filed, no | 116 |
|
permit shall be issued, nor shall the location or the
ownership of | 117 |
|
a permit be transferred, by the division until the
division | 118 |
|
notifies the legislative authority of the municipal
corporation, | 119 |
|
if the business or event is or is to be located
within the | 120 |
|
corporate limits of a municipal corporation, or the
clerk of the | 121 |
|
board of county commissioners and
the fiscal officer of the board | 122 |
|
of township trustees
in the county in which the business or event | 123 |
|
is or is to be
conducted, if the business is or is to be located | 124 |
|
outside the
corporate limits of a municipal corporation, and an | 125 |
|
opportunity
is provided officials or employees of the municipal | 126 |
|
corporation
or county and township, who shall be designated by the | 127 |
|
legislative authority of the municipal corporation or the board
of | 128 |
|
county commissioners or
board of township trustees, for a complete | 129 |
|
hearing upon the advisability of the issuance, transfer of | 130 |
|
ownership, or transfer of location of the permit. In this
hearing, | 131 |
|
no objection to the issuance, transfer of ownership, or
transfer | 132 |
|
of location of the permit shall be based upon
noncompliance of the | 133 |
proposed permit premises with local zoning
regulations whichthat | 134 |
|
prohibit the sale of beer or intoxicating
liquor, in an area zoned | 135 |
|
for commercial or industrial uses, for a
permit premises that | 136 |
|
would otherwise qualify for a proper permit
issued by the | 137 |
|
division. | 138 |
| When the division sends notice to the legislative or | 139 |
|
executive authority of the political subdivision, as required by | 140 |
|
this section, the division shall also so notify, by certified | 141 |
|
mail, return receipt requested, or by personal service, the chief | 142 |
|
peace officer of the political subdivision. Upon the request of | 143 |
|
the chief peace officer, the division shall send the chief peace | 144 |
|
officer a
copy of the application for the issuance or the transfer | 145 |
|
of ownership or
location of the permit and all other documents or | 146 |
|
materials filed
by the applicant or applicants in relation to the | 147 |
|
application.
The chief peace officer may appear and testify, | 148 |
|
either in person
or through a representative, at any hearing held | 149 |
|
on the
advisability of the issuance, transfer of ownership, or | 150 |
|
transfer
of location of the permit. The hearing shall be held in | 151 |
|
the
central office of the division, except that upon written | 152 |
|
request of the legislative authority of the municipal corporation | 153 |
|
or the board of county commissioners or
board of township | 154 |
|
trustees, the
hearing shall be held in the county seat of the | 155 |
|
county where the
applicant's business is or is to be conducted. | 156 |
| If the business or event specified in an application for
the | 157 |
|
issuance, transfer of ownership, or transfer of location of
any | 158 |
|
regular permit authorized by sections 4303.02 to 4303.23 of
the | 159 |
|
Revised Code, except for an F-2 permit, is, or is to be
operated, | 160 |
|
within five hundred feet from the boundaries of a
parcel of real | 161 |
|
estate having situated on it a school, church,
library, public | 162 |
|
playground, or township park, no permit shall be
issued, nor shall | 163 |
|
the location or the ownership of a permit be
transferred, by the | 164 |
|
division until written notice of the
filing
of the application | 165 |
|
with the division is served, by certified
mail, return receipt | 166 |
|
requested, or by personal service, upon the
authorities in control | 167 |
|
of the school, church, library, public
playground, or township | 168 |
|
park and an opportunity is provided them
for a complete hearing | 169 |
|
upon the advisability of the issuance,
transfer of ownership, or | 170 |
|
transfer of location of the permit. In
this hearing, no objection | 171 |
|
to the issuance, transfer of
ownership, or transfer of location of | 172 |
|
the permit shall be based
upon the noncompliance of the proposed | 173 |
permit premises with local
zoning regulations whichthat prohibit | 174 |
|
the
sale of beer or
intoxicating liquor, in an area zoned for | 175 |
|
commercial or
industrial uses, for a permit premises that would | 176 |
|
otherwise
qualify for a proper permit issued by the
division.
Upon | 177 |
|
the written request of
any
of these authorities, the
hearing
shall | 178 |
|
be held in the county seat of the county where the
applicant's | 179 |
|
business is or is to be conducted. | 180 |
| A request for any hearing authorized by this section shall
be | 181 |
made no later than thirtysixty days from the time of notification | 182 |
by
the division. This thirty-daysixty-day period begins on the | 183 |
|
date the
division mails notice to the legislative authority or
the | 184 |
|
date on
which the division mails notice to or, by
personal | 185 |
|
service, serves
notice upon, the institution. The
division shall | 186 |
|
conduct a
hearing if the request for the
hearing is
postmarked by | 187 |
|
the
deadline date. The division may allow, upon cause shown by
the | 188 |
|
requesting legislative authority or board, an extension of
thirty | 189 |
|
additional days for the legislative authority of the
municipal | 190 |
|
corporation, board of township trustees of the
township, or board | 191 |
|
of county commissioners of the county in which
a permit premises | 192 |
|
is or is to be located to object to the
issuance, transfer of | 193 |
|
ownership, or transfer of location of a
permit.
The request
for | 194 |
|
the extension shall be made by the
legislative authority or
board | 195 |
|
to the division no later than
thirty days after the time of | 196 |
|
notification by the division. | 197 |
| (B)(1) When an application for transfer of ownership of a | 198 |
|
permit is filed with the division, the
division shall give
notice | 199 |
|
of the application to the department of taxation. Within
twenty | 200 |
|
days after receiving this notification, the department
of taxation | 201 |
|
shall notify the division of liquor control and
the proposed | 202 |
|
transferee of the permit if the permit holder owes to
this state | 203 |
|
any delinquent sales taxes or income taxes withheld
from employee | 204 |
|
compensation or has failed to file any sales tax
returns or | 205 |
|
employee income tax withholding returns, to the extent
that
the | 206 |
|
delinquent taxes and delinquent returns are known to
the | 207 |
|
department of taxation at that time. The division shall not | 208 |
|
transfer
ownership of the permit until
returns known to be | 209 |
|
delinquent are filed and until
the tax
or withholding
delinquency | 210 |
|
is resolved. As used in this
division, "resolved"
means that the | 211 |
|
tax or withholding
delinquency has been paid or an
amount | 212 |
|
sufficient to satisfy the
delinquency is in escrow for the
benefit | 213 |
|
of the state. The
department of taxation shall notify the
division | 214 |
|
of the resolution. After the
division has received
the | 215 |
|
notification from the department of
taxation, the division may | 216 |
|
proceed to
transfer ownership of the permit. Nothing in this | 217 |
|
division shall
be construed to affect or limit the | 218 |
|
responsibilities or
liabilities of the transferor or the | 219 |
|
transferee imposed by
Chapter 5739. or 5747. of the Revised Code. | 220 |
| (D) The division of liquor control shall notify an applicant | 231 |
|
for
a permit authorized by sections 4303.02 to 4303.23 of the | 232 |
|
Revised
Code of an action pending or judgment entered against a | 233 |
|
liquor permit
premises, of which the division has knowledge, | 234 |
|
pursuant to section 3767.03
or 3767.05 of the Revised Code if the | 235 |
|
applicant is applying
for a permit at the location of the premises | 236 |
|
that is the subject of the action
under section 3767.03 or | 237 |
|
judgment under section 3767.05 of the
Revised Code. | 238 |
| (1) That the applicant,
or any partner, member, officer, | 243 |
|
director, or manager
of the applicant, or, if the
applicant is a | 244 |
|
corporation or limited liability company,
any
shareholder
owning
| 245 |
|
five per
cent or more of
the
applicant's
capital stock
in the | 246 |
|
corporation or any member owning
five per cent or more of either | 247 |
|
the voting interests or membership
interests in the limited | 248 |
|
liability company: | 249 |
| (2) That the number of permits already existent in the | 290 |
|
neighborhood is such that the issuance or transfer of location of | 291 |
|
a permit would be detrimental to and substantially interfere with | 292 |
|
the morals, safety, or welfare of the public. In reaching
a | 293 |
|
conclusion in this respect, the division shall
consider, in
light | 294 |
|
of the purposes of
this chapter and Chapters 4301.
and 4399. of | 295 |
|
the
Revised Code, the character and population of the | 296 |
|
neighborhood,
the number and location of similar permits in the | 297 |
|
neighborhood,
the number and location of all other permits in the | 298 |
|
neighborhood,
and the effect the issuance or transfer of location | 299 |
|
of a permit
would have on the neighborhood. | 300 |
| (G) In a proceeding for the refusal to issue, renew, transfer | 324 |
|
the ownership of, or transfer the location of any retail permit | 325 |
|
under this chapter, the division shall prepare, keep, and maintain | 326 |
|
a complete record of the proceedings. If an applicant for | 327 |
|
issuance, renewal, transfer of ownership, or transfer of the | 328 |
|
location of a retail permit appeals the decision of the division | 329 |
|
under section 4301.04 of the Revised Code, the division, within | 330 |
|
thirty days of notice of receipt of the applicant's appeal, shall | 331 |
|
prepare and certify a
complete record of the proceedings in the | 332 |
|
case to the liquor
control commission. | 333 |
| Sec. 4303.294. (A) A person that has been issued a permit | 334 |
|
under this chapter and that has violated this chapter or Chapter | 335 |
|
4301. of the Revised Code or rules adopted by the liquor control | 336 |
|
commission under section 4301.03 of the Revised Code shall file | 337 |
|
with the division of liquor control a roster of the names and | 338 |
|
addresses of the permit holder's current employees. If a name or | 339 |
|
address on the roster changes, the permit holder shall notify the | 340 |
|
division not later than five days after the change. If the permit | 341 |
|
holder is a corporation, firm, association, or partnership, an | 342 |
|
officer of the corporation, firm, association, or partnership | 343 |
|
shall be responsible for notifying the division. | 344 |