| (1) "Local entertainment district" means a bounded area that | 11 |
|
includes or will
include a
combination of entertainment, retail, | 12 |
|
educational,
sporting, social, cultural,
or arts establishments | 13 |
|
within close
proximity to some or all of the following
types of | 14 |
|
establishments
within the district, or other types of | 15 |
|
establishments
similar to
these: | 16 |
| (B) Any owner of property located in a municipal corporation | 35 |
|
seeking to have that property, or that property and other | 36 |
|
surrounding
property, designated as a local entertainment
district | 37 |
|
shall file an
application seeking this designation with
the mayor | 38 |
|
of the municipal
corporation in which that property is
located. | 39 |
|
Any owner of property located
in the unincorporated area
of a | 40 |
|
county seeking to have that property, or
that property and
other | 41 |
|
surrounding property, designated as a local entertainment district | 42 |
|
shall file an application seeking this
designation with
the board | 43 |
|
of county commissioners of the county in
whose unincorporated area | 44 |
|
that property is located. An
application to designate an area as a | 45 |
|
local entertainment
district shall contain all of the following: | 46 |
| (C) An application
relating to an area located in a municipal | 68 |
|
corporation shall be
addressed and submitted to the mayor of the | 69 |
|
municipal corporation
in which the
area described in the | 70 |
|
application is located. The
mayor, within thirty days
after | 71 |
|
receiving the application, shall
submit the application with the | 72 |
|
mayor's
recommendation to the
legislative authority of the | 73 |
|
municipal corporation. An
application relating to
an
area located | 74 |
|
in the unincorporated area of a county shall be
addressed and | 75 |
|
submitted to the board
of county commissioners of the
county in | 76 |
|
whose unincorporated area the area
described in the
application is | 77 |
|
located. The application is a public record
for
purposes of | 78 |
|
section 149.43 of the
Revised Code upon its receipt by
the mayor | 79 |
|
or board of
county commissioners. | 80 |
| Within thirty days after it receives the application and the | 81 |
|
mayor's
recommendations relating to the application, the | 82 |
|
legislative authority of the
municipal corporation, by notice | 83 |
|
published once a week for two consecutive
weeks in at least one | 84 |
|
newspaper of general circulation in the municipal
corporation, | 85 |
|
shall notify the public that the application is on file in the | 86 |
|
office of the clerk of the municipal corporation and is available | 87 |
|
for
inspection by the public during regular business hours.
Within | 88 |
|
thirty days after it receives the application, the board of
county | 89 |
|
commissioners, by notice published once a week for two
consecutive | 90 |
|
weeks in at
least one newspaper of general circulation
in the | 91 |
|
county, shall notify the
public that the application is
on file in | 92 |
|
the office of the county auditor and
is
available for inspection | 93 |
|
by the public during regular business
hours. The
notice shall also | 94 |
|
indicate the date and time of any
public hearing by the municipal | 95 |
|
legislative authority or board of
county commissioners on the | 96 |
|
application. | 97 |
| Within seventy-five days after the date the application is | 98 |
|
filed with the
mayor of a municipal corporation, the legislative | 99 |
|
authority of the municipal
corporation by ordinance or resolution | 100 |
|
shall approve or disapprove the
application based on whether the | 101 |
|
proposed local entertainment district
does or will
substantially | 102 |
|
contribute to entertainment, retail, educational,
sporting, | 103 |
|
social, cultural, or arts opportunities for the
community. The | 104 |
|
community considered shall at a minimum include
the municipal | 105 |
|
corporation in
which the community is located. Any
approval of an | 106 |
|
application shall be by an
affirmative majority
vote of the | 107 |
|
legislative authority. Not more than one local entertainment | 108 |
|
district
shall be designated within the municipal corporation. | 109 |
| Within seventy-five days after the date the application is | 110 |
|
filed with a
board of county commissioners, the board by | 111 |
|
resolution
shall approve or
disapprove the application based on | 112 |
|
whether the
proposed local entertainment district does or will | 113 |
|
substantially
contribute to entertainment,
retail, educational, | 114 |
|
sporting,
social, cultural, or arts opportunities for the | 115 |
|
community. The
community considered shall at a minimum include
at | 116 |
|
least a portion of the county
in
which the community is located. | 117 |
|
Any approval of
an application
shall be by
an affirmative | 118 |
|
majority vote of the
board of county commissioners. Not more than | 119 |
|
one local entertainment district shall be
designated within the | 120 |
|
unincorporated area of the county. | 121 |
| (D) All or part of an area designated as a local | 128 |
|
entertainment
district may lose this designation as provided in | 129 |
|
this division.
The legislative authority of a municipal | 130 |
|
corporation in which a
local entertainment district is
located, | 131 |
|
or the board of county commissioners of the
county in
whose | 132 |
|
unincorporated area a
local entertainment district is
located, | 133 |
|
after giving notice of its
proposed action by publication
once a | 134 |
|
week
for two consecutive
weeks in at least one newspaper of | 135 |
|
general circulation in
the
municipal corporation or county, may | 136 |
|
determine by ordinance or
resolution in the case
of the | 137 |
|
legislative authority of a municipal
corporation, or by | 138 |
|
resolution
in
the case of a board of county commissioners of a | 139 |
|
county, that
all or part of
the area fails to meet
the standards | 140 |
|
described in
this section
for designation of an area
as a local | 141 |
|
entertainment district. If the
legislative authority or
board so | 142 |
|
determines, the area designated in the
ordinance or
resolution no | 143 |
|
longer constitutes a local entertainment
district. | 144 |
| Sec. 4303.29. (A) No permit, other than an H permit,
shall | 145 |
|
be issued to a firm or partnership unless all the members
of
the | 146 |
|
firm or partnership are citizens of the United States. No permit, | 147 |
|
other than an H
permit,
shall be issued to an individual who is | 148 |
|
not a
citizen of
the
United States. No permit, other
than an E
or | 149 |
|
H permit, shall be issued to any corporation
organized under
the | 150 |
|
laws of any country, territory, or state other
than
this
state | 151 |
|
until it has furnished the division of liquor
control with | 152 |
|
evidence that it has complied with the laws of this
state
relating | 153 |
|
to the transaction of business in this state. | 154 |
| Subject to division (B)(2)(b) of this section, not more
than | 172 |
|
one D-3, D-4, or D-5 permit shall be issued for each two
thousand | 173 |
|
population or part
of that population in any municipal
corporation | 174 |
|
and in
the unincorporated area of any township,
except
that, in | 175 |
|
any city
of a population of fifty-five thousand or
more,
one D-3 | 176 |
|
permit may
be issued for each fifteen hundred
population
or part
| 177 |
|
of that population. | 178 |
| (b)(i) Division (B)(2)(a) of this
section
does not
prohibit | 179 |
|
the transfer of
location or the transfer of
ownership and
location | 180 |
|
of a C-1, C-2,
D-1, D-2, D-3, or D-5
permit
from a
municipal | 181 |
|
corporation or the
unincorporated area of
a
township in
which the | 182 |
|
number of permits
of that class exceeds
the
number of
such permits | 183 |
|
authorized to be
issued under division
(B)(2)(a) of
this section | 184 |
|
to an economic
development project
located in another
municipal | 185 |
|
corporation or
the unincorporated
area of another
township in | 186 |
|
which no additional
permits of that
class may be
issued
to the | 187 |
|
applicant under
division (B)(2)(a) of
this section,
but the | 188 |
|
transfer of location
or transfer of ownership and location
of the | 189 |
|
permit may occur only
if the applicant notifies
the
municipal | 190 |
|
corporation or township to
which the location of the
permit will | 191 |
|
be transferred regarding the
transfer and that
municipal | 192 |
|
corporation or township acknowledges
in
writing to the
division of | 193 |
|
liquor control, at the time the
application for the
transfer of | 194 |
|
location or transfer of ownership
and location of the
permit is | 195 |
|
filed, that the transfer will be to
an economic
development | 196 |
|
project. This acknowledgment by the
municipal
corporation or | 197 |
|
township does not prohibit it from
requesting a
hearing under | 198 |
|
section 4303.26 of the Revised Code.
The applicant
is
eligible to | 199 |
|
apply for and receive the transfer of
location of
the
permit under | 200 |
|
division (B)(2)(b) of this section if
all permits
of
that class | 201 |
|
that may be issued under division
(B)(2)(a) of this
section in the | 202 |
|
applicable municipal corporation
or unincorporated
area of the | 203 |
|
township have already been issued or
if the number of
applications | 204 |
|
filed for permits of that class in
that municipal
corporation or | 205 |
|
the unincorporated area of that
township exceed the
number of | 206 |
|
permits of that class that may be
issued there under
division | 207 |
|
(B)(2)(a) of this section. | 208 |
| (ii) Factors that shall be used to determine the designation | 216 |
|
of
an
economic development project include, but are not limited | 217 |
|
to,
architectural certification of the plans and the cost of the | 218 |
|
project, the number of jobs that will be created by the project, | 219 |
|
projected earnings of the project, projected tax revenues for the | 220 |
|
political subdivisions in which the project will be located, and | 221 |
|
the amount of financial investment in the project. The | 222 |
|
superintendent of
liquor control shall determine whether the | 223 |
|
existing or
proposed business that is seeking a permit described | 224 |
|
in division
(B)(2)(b) of this section qualifies as an economic | 225 |
|
development
project and, if the superintendent determines that it | 226 |
|
so
qualifies, shall designate the business as an economic | 227 |
|
development project. | 228 |
| (3) Nothing in this section shall be construed to restrict | 229 |
|
the issuance of a permit to a municipal corporation for use at a | 230 |
|
municipally owned airport at which commercial airline companies | 231 |
|
operate regularly scheduled flights on which space is available
to | 232 |
|
the public. A municipal corporation applying for a permit for
such | 233 |
|
a municipally owned airport is exempt, in regard to that | 234 |
|
application, from the population restrictions contained in this | 235 |
|
section and from population quota restrictions contained in any | 236 |
|
rule of the liquor control commission. A municipal corporation | 237 |
|
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a | 238 |
|
municipally owned airport is subject to section 4303.31 of the | 239 |
|
Revised Code. | 240 |
| (4) Nothing in this section shall be construed to prohibit | 241 |
|
the issuance of a D permit to the board of trustees of a
soldiers' | 242 |
|
memorial for a premises located at a soldiers' memorial | 243 |
|
established pursuant to Chapter 345. of the Revised Code. An | 244 |
|
application for a D permit by
the board for
those
premises is | 245 |
|
exempt from the population restrictions contained in
this section | 246 |
|
and from the population quota restrictions contained
in any rule | 247 |
|
of the liquor control commission. The location of a D
permit | 248 |
|
issued to the board
for
those
premises
shall not be
transferred. A | 249 |
|
board of trustees of a soldiers' memorial
applying
for a D-1, D-2, | 250 |
|
D-3, D-4, or D-5 permit for
the
soldiers'
memorial is subject to | 251 |
|
section 4303.31 of the Revised
Code. | 252 |
| (5) Nothing in this section shall be construed to restrict | 253 |
|
the issuance of a permit for a premises located at a golf course | 254 |
|
owned by a municipal corporation, township, or county, owned by a | 255 |
|
park district created under Chapter 1545. of the Revised Code, or | 256 |
|
owned by the state. The location of such a permit issued on or | 257 |
|
after September 26, 1984, for a premises located at such a golf | 258 |
|
course shall not be transferred. Any application for such a
permit | 259 |
|
is exempt from the population quota restrictions contained
in this | 260 |
|
section and from the population quota restrictions
contained in | 261 |
|
any rule of the liquor control commission. A
municipal | 262 |
|
corporation, township, county, park district, or state
agency | 263 |
|
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such
a
golf | 264 |
|
course is subject to section 4303.31 of the Revised Code. | 265 |
| (6) As used in division (B)(6) of this section, "fair" has | 266 |
|
the same meaning as in section 991.01 of the Revised Code;
"state | 267 |
|
fairgrounds" means the property that is held by the state
for the | 268 |
|
purpose of conducting fairs, expositions, and exhibits
and that is | 269 |
|
maintained and managed by the Ohio expositions
commission under | 270 |
|
section 991.03 of the Revised Code; "capitol
square" has the
same | 271 |
|
meaning as in section 105.41 of the Revised Code; and "Ohio | 272 |
|
judicial center" means the site of the Ohio supreme court and its | 273 |
|
grounds. | 274 |
| Nothing in this section shall be construed to restrict the | 275 |
|
issuance of one or more D permits to one or more applicants for | 276 |
|
all or a part of the state fairgrounds, capitol square, or the | 277 |
|
Ohio judicial center.
An
application for a D
permit for the state | 278 |
|
fairgrounds, capitol
square, or the Ohio judicial center is exempt | 279 |
|
from the
population
quota restrictions contained
in this section | 280 |
|
and from the
population quota restrictions
contained in any rule | 281 |
|
of the liquor
control commission. The
location of a D permit | 282 |
|
issued for the
state fairgrounds, capitol
square, or the Ohio | 283 |
|
judicial center shall not be transferred. An applicant
for a
D-1, | 284 |
|
D-2,
D-3, or D-5 permit for the state fairgrounds is not
subject | 285 |
|
to
section 4303.31 of the Revised Code. | 286 |
| (7) Nothing in this section shall be construed to prohibit | 292 |
|
the issuance of a D permit for a premises located at a zoological | 293 |
|
park at which sales have been approved in an election held under | 294 |
|
former section 4301.356 of the Revised Code. An application for a | 295 |
|
D
permit for such a premises is exempt from the population | 296 |
|
restrictions contained in this section, from the population quota | 297 |
|
restrictions contained in any rule of the liquor control | 298 |
|
commission, and from section 4303.31 of the Revised Code. The | 299 |
|
location of a D permit issued for a premises at such a zoological | 300 |
|
park shall not be transferred, and no quota or other restrictions | 301 |
|
shall be placed on the number of D permits that may be issued for | 302 |
|
a premises at such a zoological park. | 303 |
| An application
for a D-1, D-2, or D-5 permit for a premises | 322 |
|
located in a local entertainment district is exempt from the | 323 |
|
population restrictions established in this section, from the | 324 |
|
population quota restrictions established in any rule of the | 325 |
|
liquor control commission, and from section 4303.31 of the Revised | 326 |
|
Code. Such a D-1, D-2, or D-5 permit shall not be transferred out | 327 |
|
of the local entertainment district. Not more than one D-1, D-2, | 328 |
|
or D-5 permit shall be issued within a local entertainment | 329 |
|
district for each five acres of land located within the district. | 330 |
|
Not more than ten D-1, D-2, or D-5 permits, or any combination of | 331 |
|
those permits, may be issued within a single local entertainment | 332 |
|
district. | 333 |
| (C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in | 334 |
|
any election precinct in any municipal
corporation or in any | 335 |
|
election precinct in
the unincorporated area of any township, in | 336 |
|
which at the
November, 1933, election a majority of the electors | 337 |
|
voting
thereon in the municipal corporation or in the | 338 |
|
unincorporated
area of the township voted against the repeal of | 339 |
|
Section 9 of
Article XV, Ohio Constitution, unless the sale of | 340 |
|
spirituous
liquor by the glass is authorized by a majority vote of | 341 |
|
the
electors voting on the question in the precinct at an election | 342 |
|
held pursuant
to
this section or by a
majority vote of the | 343 |
|
electors of the precinct voting on question (C) at a
special local | 344 |
|
option
election held in the precinct pursuant to
section 4301.35 | 345 |
|
of the Revised Code. Upon the request of an
elector, the board of | 346 |
|
elections of the county that encompasses
the precinct shall | 347 |
|
furnish the elector
with a copy of the instructions prepared by | 348 |
|
the secretary of
state under division (P) of section 3501.05 of | 349 |
|
the Revised Code
and, within fifteen days after the request, a | 350 |
|
certificate of the
number of signatures required for a valid | 351 |
|
petition under this
section. | 352 |
| Upon the petition of thirty-five per cent of the total
number | 353 |
|
of voters voting in any such precinct for the office of governor | 354 |
|
at the
preceding general
election, filed with the board of | 355 |
|
elections of the county in
which such precinct is located not | 356 |
|
later than seventy-five days before a general election,
the
board | 357 |
|
shall prepare ballots and hold an election at such general | 358 |
|
election upon the question of allowing spirituous liquor to be | 359 |
|
sold by the glass in such precinct.
The
ballots shall be
approved | 360 |
|
in form by the secretary of state. The
results of
the election | 361 |
|
shall be certified by the board to the
secretary of
state, who | 362 |
|
shall certify the
results to the division. | 363 |