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H. B. No. 445 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Domenick, McGregor, Yuko, Bolon, Hagan
A BILL
To amend section 4303.29 and to enact section 4301.82
of the Revised Code to establish local
entertainment districts in municipal corporations
or unincorporated areas of counties of specified
populations for the purpose of the issuance of
D-1, D-2, and D-5 liquor permits under specified
conditions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4303.29 be amended and section
4301.82 of the Revised Code be enacted to read as follows:
Sec. 4301.82. (A) As used in this section:
(1) "Local entertainment district" means a bounded area that
includes or will
include a
combination of entertainment, retail,
educational,
sporting, social, cultural,
or arts establishments
within close
proximity to some or all of the following
types of
establishments
within the district, or other types of
establishments
similar to
these:
(c) Retail sales establishments;
(d) Enclosed shopping centers;
(f) Performing arts theaters;
(g) Motion picture theaters;
(i) Convention facilities;
(k) Entertainment facilities or complexes;
(l) Any combination of the establishments described in
divisions
(A)(1)(a) to (k) of this section that provide similar
services to the
community.
(2) "Municipal corporation" means a municipal corporation
with a population of less than one hundred thousand.
(3) "County" means a county with a population of more than
one hundred twenty-five thousand.
(B) Any owner of property located in a municipal corporation
seeking to have that property, or that property and other
surrounding
property, designated as a local entertainment
district
shall file an
application seeking this designation with
the mayor
of the municipal
corporation in which that property is
located.
Any owner of property located
in the unincorporated area
of a
county seeking to have that property, or
that property and
other
surrounding property, designated as a local entertainment district
shall file an application seeking this
designation with
the board
of county commissioners of the county in
whose unincorporated area
that property is located. An
application to designate an area as a
local entertainment
district shall contain all of the following:
(1) The applicant's name and address;
(2) A map or survey of the proposed local entertainment
district
in
sufficient detail to identify the boundaries of the
district
and the property
owned by the applicant;
(3) A general statement of the nature and types of
establishments
described in division (A) of this section that are
or
will be located within the proposed local entertainment
district and
any
other establishments located in the proposed
local entertainment
district
that are not described in
division
(A) of this section;
(4) If some or all of the establishments within the proposed
local entertainment district have not yet been developed, the
proposed
time frame
for completing the development of these
establishments;
(5) Evidence that the uses of land within the proposed
local
entertainment district are in accord with the municipal
corporation's or
county's master zoning plan or map;
(6) A handling and processing fee to accompany the
application, payable to
the applicable municipal corporation or
county, in an amount determined by
that municipal corporation or
county.
(C) An application
relating to an area located in a municipal
corporation shall be
addressed and submitted to the mayor of the
municipal corporation
in which the
area described in the
application is located. The
mayor, within thirty days
after
receiving the application, shall
submit the application with the
mayor's
recommendation to the
legislative authority of the
municipal corporation. An
application relating to
an
area located
in the unincorporated area of a county shall be
addressed and
submitted to the board
of county commissioners of the
county in
whose unincorporated area the area
described in the
application is
located. The application is a public record
for
purposes of
section 149.43 of the
Revised Code upon its receipt by
the mayor
or board of
county commissioners.
Within thirty days after it receives the application and the
mayor's
recommendations relating to the application, the
legislative authority of the
municipal corporation, by notice
published once a week for two consecutive
weeks in at least one
newspaper of general circulation in the municipal
corporation,
shall notify the public that the application is on file in the
office of the clerk of the municipal corporation and is available
for
inspection by the public during regular business hours.
Within
thirty days after it receives the application, the board of
county
commissioners, by notice published once a week for two
consecutive
weeks in at
least one newspaper of general circulation
in the
county, shall notify the
public that the application is
on file in
the office of the county auditor and
is
available for inspection
by the public during regular business
hours. The
notice shall also
indicate the date and time of any
public hearing by the municipal
legislative authority or board of
county commissioners on the
application.
Within seventy-five days after the date the application is
filed with the
mayor of a municipal corporation, the legislative
authority of the municipal
corporation by ordinance or resolution
shall approve or disapprove the
application based on whether the
proposed local entertainment district
does or will
substantially
contribute to entertainment, retail, educational,
sporting,
social, cultural, or arts opportunities for the
community. The
community considered shall at a minimum include
the municipal
corporation in
which the community is located. Any
approval of an
application shall be by an
affirmative majority
vote of the
legislative authority. Not more than one local entertainment
district
shall be designated within the municipal corporation.
Within seventy-five days after the date the application is
filed with a
board of county commissioners, the board by
resolution
shall approve or
disapprove the application based on
whether the
proposed local entertainment district does or will
substantially
contribute to entertainment,
retail, educational,
sporting,
social, cultural, or arts opportunities for the
community. The
community considered shall at a minimum include
at
least a portion of the county
in
which the community is located.
Any approval of
an application
shall be by
an affirmative
majority vote of the
board of county commissioners. Not more than
one local entertainment district shall be
designated within the
unincorporated area of the county.
If the municipal legislative authority or board of county
commissioners
disapproves the
application, the applicant may make
changes in the
application to secure its
approval by the
legislative authority or
board of county commissioners. Any area
approved by the legislative
authority or board of county
commissioners
constitutes a local entertainment district.
(D) All or part of an area designated as a local
entertainment
district may lose this designation as provided in
this division.
The legislative authority of a municipal
corporation in which a
local entertainment district is
located,
or the board of county commissioners of the
county in
whose
unincorporated area a
local entertainment district is
located,
after giving notice of its
proposed action by publication
once a
week
for two consecutive
weeks in at least one newspaper of
general circulation in
the
municipal corporation or county, may
determine by ordinance or
resolution in the case
of the
legislative authority of a municipal
corporation, or by
resolution
in
the case of a board of county commissioners of a
county, that
all or part of
the area fails to meet
the standards
described in
this section
for designation of an area
as a local
entertainment district. If the
legislative authority or
board so
determines, the area designated in the
ordinance or
resolution no
longer constitutes a local entertainment
district.
Sec. 4303.29. (A) No permit, other than an H permit,
shall
be issued to a firm or partnership unless all the members
of
the
firm or partnership are citizens of the United States. No permit,
other than an H
permit,
shall be issued to an individual who is
not a
citizen of
the
United States. No permit, other
than an E
or
H permit, shall be issued to any corporation
organized under
the
laws of any country, territory, or state other
than
this
state
until it has furnished the division of liquor
control with
evidence that it has complied with the laws of this
state
relating
to the transaction of business in this state.
The division may refuse to issue any permit to or refuse
to
renew any permit of any person convicted of any felony that is
reasonably related to the person's fitness to operate a
liquor
permit
business in this state. No holder of a permit shall sell,
assign, transfer, or pledge
the permit without the written
consent
of the division.
(B)(1) No D-3 permit shall be issued to any club unless
the
club has been continuously engaged in the activity specified
in
section 4303.15 of the Revised Code, as a qualification for
that
class of permit, for two years at the time
the
permit is issued.
(2)(a) Subject to division (B)(2)(b) of this section, upon
application by properly qualified persons, one C-1 and C-2 permit
shall be issued for each one thousand population or part
of that
population,
and one D-1 and D-2 permit shall be issued for
each
two thousand
population or part
of that population,
in each
municipal corporation and in
the unincorporated area of
each
township.
Subject to division (B)(2)(b) of this section, not more
than
one D-3, D-4, or D-5 permit shall be issued for each two
thousand
population or part
of that population in any municipal
corporation
and in
the unincorporated area of any township,
except
that, in
any city
of a population of fifty-five thousand or
more,
one D-3
permit may
be issued for each fifteen hundred
population
or part
of that population.
(b)(i) Division (B)(2)(a) of this
section
does not
prohibit
the transfer of
location or the transfer of
ownership and
location
of a C-1, C-2,
D-1, D-2, D-3, or D-5
permit
from a
municipal
corporation or the
unincorporated area of
a
township in
which the
number of permits
of that class exceeds
the
number of
such permits
authorized to be
issued under division
(B)(2)(a) of
this section
to an economic
development project
located in another
municipal
corporation or
the unincorporated
area of another
township in
which no additional
permits of that
class may be
issued
to the
applicant under
division (B)(2)(a) of
this section,
but the
transfer of location
or transfer of ownership and location
of the
permit may occur only
if the applicant notifies
the
municipal
corporation or township to
which the location of the
permit will
be transferred regarding the
transfer and that
municipal
corporation or township acknowledges
in
writing to the
division of
liquor control, at the time the
application for the
transfer of
location or transfer of ownership
and location of the
permit is
filed, that the transfer will be to
an economic
development
project. This acknowledgment by the
municipal
corporation or
township does not prohibit it from
requesting a
hearing under
section 4303.26 of the Revised Code.
The applicant
is
eligible to
apply for and receive the transfer of
location of
the
permit under
division (B)(2)(b) of this section if
all permits
of
that class
that may be issued under division
(B)(2)(a) of this
section in the
applicable municipal corporation
or unincorporated
area of the
township have already been issued or
if the number of
applications
filed for permits of that class in
that municipal
corporation or
the unincorporated area of that
township exceed the
number of
permits of that class that may be
issued there under
division
(B)(2)(a) of this section.
A permit
transferred under division (B)(2)(b) of this section
may be
subsequently transferred to a different owner at the same
location, or to the same owner or a different owner at a different
location in the same municipal
corporation or in the
unincorporated area of the same township, as
long as the same or
new location meets the economic development project criteria set
forth in this section.
(ii) Factors that shall be used to determine the designation
of
an
economic development project include, but are not limited
to,
architectural certification of the plans and the cost of the
project, the number of jobs that will be created by the project,
projected earnings of the project, projected tax revenues for the
political subdivisions in which the project will be located, and
the amount of financial investment in the project. The
superintendent of
liquor control shall determine whether the
existing or
proposed business that is seeking a permit described
in division
(B)(2)(b) of this section qualifies as an economic
development
project and, if the superintendent determines that it
so
qualifies, shall designate the business as an economic
development project.
(3) Nothing in this section shall be construed to restrict
the issuance of a permit to a municipal corporation for use at a
municipally owned airport at which commercial airline companies
operate regularly scheduled flights on which space is available
to
the public. A municipal corporation applying for a permit for
such
a municipally owned airport is exempt, in regard to that
application, from the population restrictions contained in this
section and from population quota restrictions contained in any
rule of the liquor control commission. A municipal corporation
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a
municipally owned airport is subject to section 4303.31 of the
Revised Code.
(4) Nothing in this section shall be construed to prohibit
the issuance of a D permit to the board of trustees of a
soldiers'
memorial for a premises located at a soldiers' memorial
established pursuant to Chapter 345. of the Revised Code. An
application for a D permit by
the board for
those
premises is
exempt from the population restrictions contained in
this section
and from the population quota restrictions contained
in any rule
of the liquor control commission. The location of a D
permit
issued to the board
for
those
premises
shall not be
transferred. A
board of trustees of a soldiers' memorial
applying
for a D-1, D-2,
D-3, D-4, or D-5 permit for
the
soldiers'
memorial is subject to
section 4303.31 of the Revised
Code.
(5) Nothing in this section shall be construed to restrict
the issuance of a permit for a premises located at a golf course
owned by a municipal corporation, township, or county, owned by a
park district created under Chapter 1545. of the Revised Code, or
owned by the state. The location of such a permit issued on or
after September 26, 1984, for a premises located at such a golf
course shall not be transferred. Any application for such a
permit
is exempt from the population quota restrictions contained
in this
section and from the population quota restrictions
contained in
any rule of the liquor control commission. A
municipal
corporation, township, county, park district, or state
agency
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such
a
golf
course is subject to section 4303.31 of the Revised Code.
(6) As used in division (B)(6) of this section, "fair" has
the same meaning as in section 991.01 of the Revised Code;
"state
fairgrounds" means the property that is held by the state
for the
purpose of conducting fairs, expositions, and exhibits
and that is
maintained and managed by the Ohio expositions
commission under
section 991.03 of the Revised Code; "capitol
square" has the
same
meaning as in section 105.41 of the Revised Code; and "Ohio
judicial center" means the site of the Ohio supreme court and its
grounds.
Nothing in this section shall be construed to restrict the
issuance of one or more D permits to one or more applicants for
all or a part of the state fairgrounds, capitol square, or the
Ohio judicial center.
An
application for a D
permit for the state
fairgrounds, capitol
square, or the Ohio judicial center is exempt
from the
population
quota restrictions contained
in this section
and from the
population quota restrictions
contained in any rule
of the liquor
control commission. The
location of a D permit
issued for the
state fairgrounds, capitol
square, or the Ohio
judicial center shall not be transferred. An applicant
for a
D-1,
D-2,
D-3, or D-5 permit for the state fairgrounds is not
subject
to
section 4303.31 of the Revised Code.
Pursuant to section 1711.09 of the Revised Code, the holder
of a D permit issued for the state fairgrounds shall not deal in
spirituous liquor at the state fairgrounds during, or for one
week
before or for three days after, any fair held at the state
fairgrounds.
(7) Nothing in this section shall be construed to prohibit
the issuance of a D permit for a premises located at a zoological
park at which sales have been approved in an election held under
former section 4301.356 of the Revised Code. An application for a
D
permit for such a premises is exempt from the population
restrictions contained in this section, from the population quota
restrictions contained in any rule of the liquor control
commission, and from section 4303.31 of the Revised Code. The
location of a D permit issued for a premises at such a zoological
park shall not be transferred, and no quota or other restrictions
shall be placed on the number of D permits that may be issued for
a premises at such a zoological park.
(8) As used in division (B)(8) of this section, "local
entertainment district" has the same meaning as in section 4301.82
of the Revised Code.
Nothing in this section shall be construed to prohibit the
issuance of a D-1, D-2, or D-5 permit for a premises located in a
local entertainment district, provided that all of the following
apply:
(a) The applicant for the permit is the owner or operator of
a retail food establishment or a food service operation licensed
under Chapter 3717. of the Revised Code.
(b) The applicant for the permit has not been issued a D-1,
D-2, or D-5 permit in the six months prior to filing the
application for a D-1, D-2, or D-5 permit for a premises located
in a local entertainment district.
(c) The premises for which a permit is proposed to be issued
has gross annual receipts from the sale of food and meals for
consumption on the premises that constitute not less than
seventy-five per cent of its total gross annual receipts.
An application
for a D-1, D-2, or D-5 permit for a premises
located in a local entertainment district is exempt from the
population restrictions established in this section, from the
population quota restrictions established in any rule of the
liquor control commission, and from section 4303.31 of the Revised
Code. Such a D-1, D-2, or D-5 permit shall not be transferred out
of the local entertainment district. Not more than one D-1, D-2,
or D-5 permit shall be issued within a local entertainment
district for each five acres of land located within the district.
Not more than ten D-1, D-2, or D-5 permits, or any combination of
those permits, may be issued within a single local entertainment
district.
(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in
any election precinct in any municipal
corporation or in any
election precinct in
the unincorporated area of any township, in
which at the
November, 1933, election a majority of the electors
voting
thereon in the municipal corporation or in the
unincorporated
area of the township voted against the repeal of
Section 9 of
Article XV, Ohio Constitution, unless the sale of
spirituous
liquor by the glass is authorized by a majority vote of
the
electors voting on the question in the precinct at an election
held pursuant
to
this section or by a
majority vote of the
electors of the precinct voting on question (C) at a
special local
option
election held in the precinct pursuant to
section 4301.35
of the Revised Code. Upon the request of an
elector, the board of
elections of the county that encompasses
the precinct shall
furnish the elector
with a copy of the instructions prepared by
the secretary of
state under division (P) of section 3501.05 of
the Revised Code
and, within fifteen days after the request, a
certificate of the
number of signatures required for a valid
petition under this
section.
Upon the petition of thirty-five per cent of the total
number
of voters voting in any such precinct for the office of governor
at the
preceding general
election, filed with the board of
elections of the county in
which such precinct is located not
later than seventy-five days before a general election,
the
board
shall prepare ballots and hold an election at such general
election upon the question of allowing spirituous liquor to be
sold by the glass in such precinct.
The
ballots shall be
approved
in form by the secretary of state. The
results of
the election
shall be certified by the board to the
secretary of
state, who
shall certify the
results to the division.
(2) No holder of a class D-3 permit issued for a boat or
vessel shall sell spirituous liquor in any precinct, in which the
election provided for in this section may be held, unless the
sale
of
spirituous liquor by the drink has been authorized by vote
of
the electors as provided in this section or in section 4301.35
of
the Revised Code.
(D) Any holder of a C or D permit whose permit premises
were
purchased in 1986 or 1987 by the state or any state
agency
for
highway purposes shall be issued the same permit at
another
location notwithstanding any quota restrictions contained
in this
chapter or in any rule of the liquor control commission.
Section 2. That existing section 4303.29 of the Revised Code
is hereby repealed.
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