| Sec. 4303.29. (A) No permit, other than an H permit, shall | 9 |
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be issued to a firm or partnership unless all the members of the | 10 |
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firm or partnership are citizens of the United States. No permit, | 11 |
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other than an H permit, shall be issued to an individual who is | 12 |
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not a citizen of the United States. No permit, other than an E or | 13 |
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H permit, shall be issued to any corporation organized under the | 14 |
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laws of any country, territory, or state other than this state | 15 |
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until it has furnished the division of liquor control with | 16 |
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evidence that it has complied with the laws of this state relating | 17 |
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to the transaction of business in this state. | 18 |
| Subject to division (B)(2)(b) of this section, not more than | 36 |
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one D-3, D-4, or D-5 permit shall be issued for each two thousand | 37 |
|
population or part of that population in any municipal corporation | 38 |
|
and in the unincorporated area of any township, except that, in | 39 |
|
any city of a population of fifty-five thousand or more, one D-3 | 40 |
|
permit may be issued for each fifteen hundred population or part | 41 |
|
of that population. | 42 |
| (b)(i) Division (B)(2)(a) of this section does not prohibit | 43 |
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the transfer of location or the transfer of ownership and location | 44 |
|
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal | 45 |
|
corporation or the unincorporated area of a township to an | 46 |
|
economic development project located in another municipal | 47 |
|
corporation or the unincorporated area of another township in | 48 |
|
which no additional permits of that class may be issued to the | 49 |
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applicant under division (B)(2)(a) of this section. However, the | 50 |
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transfer may occur only if the applicant notifies the municipal | 51 |
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corporation or township to which the location of the permit will | 52 |
|
be transferred regarding the transfer and the municipal | 53 |
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corporation or township acknowledges in writing to the division of | 54 |
|
liquor control that the transfer will be to an economic | 55 |
|
development project. The municipal corporation or township shall | 56 |
|
submit the acknowledgment at the time the application for the | 57 |
|
transfer is filed with the division. | 58 |
| The acknowledgment by the municipal corporation or township | 59 |
|
does not prohibit it from requesting a hearing under section | 60 |
|
4303.26 of the Revised Code. The applicant is eligible to apply | 61 |
|
for and receive the transfer of location of the permit under | 62 |
|
division (B)(2)(b) of this section if permits of that class that | 63 |
|
may be issued under division (B)(2)(a) of this section in the | 64 |
|
applicable municipal corporation or unincorporated area of the | 65 |
|
township have already been issued or if the number of applications | 66 |
|
filed for permits of that class in that municipal corporation or | 67 |
|
the unincorporated area of that township exceed the number of | 68 |
|
permits of that class that may be issued there under division | 69 |
|
(B)(2)(a) of this section. | 70 |
(ii) Factors that shallmay be used to determine the | 78 |
|
designation of an economic development project include, but are | 79 |
|
not limited to, architectural certification of the plans and the | 80 |
|
cost of the project, the number of jobs that will be created by | 81 |
|
the project, projected earnings of the project, projected tax | 82 |
|
revenues for the political subdivisions in which the project will | 83 |
|
be located, and the amount of financial investment in the project. | 84 |
|
The superintendent of liquor control shall determine whether the | 85 |
|
existing or proposed business that is seeking a permit described | 86 |
|
in division (B)(2)(b) of this section qualifies as an economic | 87 |
|
development project and, if the superintendent determines that it | 88 |
|
so qualifies, shall designate the business as an economic | 89 |
|
development project. | 90 |
| (3) Nothing in this section shall be construed to restrict | 91 |
|
the issuance of a permit to a municipal corporation for use at a | 92 |
|
municipally owned airport at which commercial airline companies | 93 |
|
operate regularly scheduled flights on which space is available to | 94 |
|
the public. A municipal corporation applying for a permit for such | 95 |
|
a municipally owned airport is exempt, in regard to that | 96 |
|
application, from the population restrictions contained in this | 97 |
|
section and from population quota restrictions contained in any | 98 |
|
rule of the liquor control commission. A municipal corporation | 99 |
|
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a | 100 |
|
municipally owned airport is subject to section 4303.31 of the | 101 |
|
Revised Code. | 102 |
| (4) Nothing in this section shall be construed to prohibit | 103 |
|
the issuance of a D permit to the board of trustees of a soldiers' | 104 |
|
memorial for a premises located at a soldiers' memorial | 105 |
|
established pursuant to Chapter 345. of the Revised Code. An | 106 |
|
application for a D permit by the board for those premises is | 107 |
|
exempt from the population restrictions contained in this section | 108 |
|
and from the population quota restrictions contained in any rule | 109 |
|
of the liquor control commission. The location of a D permit | 110 |
|
issued to the board for those premises shall not be transferred. A | 111 |
|
board of trustees of a soldiers' memorial applying for a D-1, D-2, | 112 |
|
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to | 113 |
|
section 4303.31 of the Revised Code. | 114 |
| (5) Nothing in this section shall be construed to restrict | 115 |
|
the issuance of a permit for a premises located at a golf course | 116 |
|
owned by a municipal corporation, township, or county, owned by a | 117 |
|
park district created under Chapter 1545. of the Revised Code, or | 118 |
|
owned by the state. The location of such a permit issued on or | 119 |
|
after September 26, 1984, for a premises located at such a golf | 120 |
|
course shall not be transferred. Any application for such a permit | 121 |
|
is exempt from the population quota restrictions contained in this | 122 |
|
section and from the population quota restrictions contained in | 123 |
|
any rule of the liquor control commission. A municipal | 124 |
|
corporation, township, county, park district, or state agency | 125 |
|
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf | 126 |
|
course is subject to section 4303.31 of the Revised Code. | 127 |
| (6) As used in division (B)(6) of this section, "fair" has | 128 |
|
the same meaning as in section 991.01 of the Revised Code; "state | 129 |
|
fairgrounds" means the property that is held by the state for the | 130 |
|
purpose of conducting fairs, expositions, and exhibits and that is | 131 |
|
maintained and managed by the Ohio expositions commission under | 132 |
|
section 991.03 of the Revised Code; "capitol square" has the same | 133 |
|
meaning as in section 105.41 of the Revised Code; and "Ohio | 134 |
|
judicial center" means the site of the Ohio supreme court and its | 135 |
|
grounds. | 136 |
| Nothing in this section shall be construed to restrict the | 137 |
|
issuance of one or more D permits to one or more applicants for | 138 |
|
all or a part of the state fairgrounds, capitol square, or the | 139 |
|
Ohio judicial center. An application for a D permit for the state | 140 |
|
fairgrounds, capitol square, or the Ohio judicial center is exempt | 141 |
|
from the population quota restrictions contained in this section | 142 |
|
and from the population quota restrictions contained in any rule | 143 |
|
of the liquor control commission. The location of a D permit | 144 |
|
issued for the state fairgrounds, capitol square, or the Ohio | 145 |
|
judicial center shall not be transferred. An applicant for a D-1, | 146 |
|
D-2, D-3, or D-5 permit for the state fairgrounds is not subject | 147 |
|
to section 4303.31 of the Revised Code. | 148 |
| (7) Nothing in this section shall be construed to prohibit | 154 |
|
the issuance of a D permit for a premises located at a zoological | 155 |
|
park at which sales have been approved in an election held under | 156 |
|
former section 4301.356 of the Revised Code. An application for a | 157 |
|
D permit for such a premises is exempt from the population | 158 |
|
restrictions contained in this section, from the population quota | 159 |
|
restrictions contained in any rule of the liquor control | 160 |
|
commission, and from section 4303.31 of the Revised Code. The | 161 |
|
location of a D permit issued for a premises at such a zoological | 162 |
|
park shall not be transferred, and no quota or other restrictions | 163 |
|
shall be placed on the number of D permits that may be issued for | 164 |
|
a premises at such a zoological park. | 165 |
| (C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in | 166 |
|
any election precinct in any municipal corporation or in any | 167 |
|
election precinct in the unincorporated area of any township, in | 168 |
|
which at the November, 1933, election a majority of the electors | 169 |
|
voting thereon in the municipal corporation or in the | 170 |
|
unincorporated area of the township voted against the repeal of | 171 |
|
Section 9 of Article XV, Ohio Constitution, unless the sale of | 172 |
|
spirituous liquor by the glass is authorized by a majority vote of | 173 |
|
the electors voting on the question in the precinct at an election | 174 |
|
held pursuant to this section or by a majority vote of the | 175 |
|
electors of the precinct voting on question (C) at a special local | 176 |
|
option election held in the precinct pursuant to section 4301.35 | 177 |
|
of the Revised Code. Upon the request of an elector, the board of | 178 |
|
elections of the county that encompasses the precinct shall | 179 |
|
furnish the elector with a copy of the instructions prepared by | 180 |
|
the secretary of state under division (P) of section 3501.05 of | 181 |
|
the Revised Code and, within fifteen days after the request, a | 182 |
|
certificate of the number of signatures required for a valid | 183 |
|
petition under this section. | 184 |
| Upon the petition of thirty-five per cent of the total number | 185 |
|
of voters voting in any such precinct for the office of governor | 186 |
|
at the preceding general election, filed with the board of | 187 |
|
elections of the county in which such precinct is located not | 188 |
|
later than ninety days before a general election, the board shall | 189 |
|
prepare ballots and hold an election at such general election upon | 190 |
|
the question of allowing spirituous liquor to be sold by the glass | 191 |
|
in such precinct. The ballots shall be approved in form by the | 192 |
|
secretary of state. The results of the election shall be certified | 193 |
|
by the board to the secretary of state, who shall certify the | 194 |
|
results to the division. | 195 |