Ohio Admin. Code 4301-1-02 - Expansion and diminution of permit premises
(A) A permit holder who desires an expansion
or diminution of its permit premises shall file its request with the
division, in writing, and submit
on a form made available by the division that
includes a sketch indicating the proposed change. Any request for
expansion or diminution must be submitted by the permit holder, a
general partner
member of a partnership, a managing member of a
limited liability company, a person owning or controlling five per cent or more
of the outstanding shares of a corporation, a person owning or controlling five
per cent or more of either the voting interests or membership interests in a
limited liability company, or any officer of the permit holder, who is approved
by and on file with the division.
(1)
Notwithstanding the provisions of section
4303.27
of the Revised Code, temporary expansions or diminutions of permit premises
shall not be approved.
(2)
Notification of the police or legislative authority is not required for the
division to process, approve, or deny an expansion or diminution
request.
(B) An
expansion of permit premises must include a premises adjacent
contiguous
to the original premises for which the permit was issued. The
adjacent
contiguous
premises must be under the permit holder's control and ownership in fee,
leasehold, or mortgage, and be located in an area where sales under the permit
are not prohibited because of local option election, or operation of rule or
law.
(C) Upon receipt of the
request for such change, the division may make an inspection of the permit
premises and of the area proposed to be expanded or diminished within twenty
working days of receipt of the request. The division shall approve or deny the
requested change within twenty working days of inspection or receipt of the
request, whichever is later.
Notes
Promulgated Under: 119.03
Statutory Authority: 4301.10(C)
Rule Amplifies: 4301.10(C)
Prior Effective Dates: 12/10/1974, 12/01/1981, 01/23/1986, 01/10/1999, 03/25/2004, 06/01/2016
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