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H. B. No. 567 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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A BILL
To amend section 4301.04 of the Revised Code to
require that certain hearings of the Liquor
Control Commission be held in the county seat of
the county where the premises that is the subject
of the hearing is located.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4301.04 of the Revised Code be
amended to read as follows:
Sec. 4301.04. The liquor control commission has the
following powers which it may exercise by the vote of a majority
of the commissioners:
(A) To suspend, revoke, and cancel permits. A majority of
the
commissioners constitutes a quorum for the transaction of any
business, for the performance of any duty, or for the exercise of
any power of the commission. No vacancy in the commission shall
impair the right of the remaining commissioners to exercise all
powers of the commission. The act of a majority of the
commission,
when in session, is the act of the commission. A
finding, order,
or decision of the commission to suspend a permit
shall state and
fix the effective date of the commencement and
the period of
duration of such suspension. Such finding, order,
or decision of
the commission to revoke or cancel a permit shall
state and fix
the effective date thereof.
(B) To consider, hear, and determine all appeals
authorized
by Chapters 4301. and 4303. of the Revised Code, to be
taken from
any decision, determination, or order of the
division of liquor
control, and all complaints for the
revocation of permits.
The
liquor control commission shall accord a hearing to any
person
appealing or complained against, at which such person has
the
right to be present, to be represented by counsel, to offer
evidence, and to require the attendance of witnesses.
Whenever the commission conducts a final hearing relating to
the issuance, renewal, transfer of ownership, transfer of
location, suspension, or revocation of a permit, the commission
shall conduct the hearing in the county seat of the county in
which the premises that is the subject of the hearing is located.
(C) To adopt, repeal, and amend bylaws in relation to its
meetings and the transaction of its business and regulating its
procedure on appeal.
(D) To consider and make recommendations upon any matter
which the superintendent of liquor control submits to it for
recommendation and determine any matter which the superintendent
submits to it
for determination.
(E) To require of the superintendent and of any officer,
department, board, or commission of the state of any county,
township, or municipal officer in this state, information with
respect to the social and economic effects of such chapters; and
all such officers, departments, boards, and commissions shall
furnish such information when requested in writing by the liquor
control commission.
(F) To submit to the governor amendments to any laws
affecting the sale of intoxicating liquor in this state when it
deems desirable.
(G) For the purpose of any hearing or investigation which
they are respectively authorized or required by such chapters to
conduct, the liquor control commission or any member thereof, the
superintendent, or any agent of the division
designated in writing
for that purpose, may administer oaths, take depositions, issue
subpoenas, compel the attendance of witnesses and the production
of books, accounts, papers, records, documents, and testimony.
In
case of disobedience of any person with respect to an order of
the
commission or a subpoena issued by the liquor control
commission
or any member thereof, the superintendent or such
agent, or
on the
refusal of a witness to testify to any matter regarding
which the
witness may be lawfully interrogated, a judge of the court
of
common pleas of the county in which the person resides, on
application of any member of the liquor control commission or the
superintendent, shall compel obedience by attachment
proceedings
as for
contempt, as in the case of disobedience with respect to
the
requirements of a subpoena issued from such court or a refusal
to
testify in such court. Each officer who serves such subpoena
shall receive the same fees as a sheriff, and each witness who
appears, in obedience to a subpoena, before the liquor control
commission or any member thereof, or the superintendent, shall
receive
for attendance the fees and mileage provided for witnesses
in
civil cases in courts of common pleas, which shall be audited
and
paid upon presentation of proper vouchers approved by any two
members of the commission. No witness subpoenaed at the instance
of a party other than the liquor control commission or any member
thereof, the superintendent, or such agent, is entitled to
compensation
unless the commission certifies that the testimony of
the
witness was material
to the matter investigated.
Section 2. That existing section 4301.04 of the Revised Code
is hereby repealed.
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