Ohio Admin. Code 4301:1-1-08 - Permit, issuance of after revocation or refusal to issue, transfer or renew
(A)
The division
shall not, absent an order from the commission waiving the enforcement of this
rule as described in paragraph (D) of this rule, issue a liquor permit for a
period of one-year as defined in paragraphs (B) and (C) of this rule to any
applicant at a location where a:
(1)
Liquor permit was revoked by the commission in
accordance with section
4301.25 of the Revised
Code;
(2)
Renewal or transfer liquor permit application was
rejected by the division under division (A)(2), (B)(1), (B)(2), or (D) of
section 4303.292 of the Revised Code;
or
(3)
New liquor permit application was rejected by the
division pursuant to division (A)(2), (B)(1), (B)(2), or (D) of section
4303.292 of the Revised
Code.
(B)
The one-year period established under paragraph (A) of
this rule starts to run:
(1)
From the last date that a liquor permit holder or
transfer applicant had operating privileges at the applicable location;
or
(2)
Thirty days from the mailing date of the division's
order rejecting the new liquor permit application.
(C)
Last date of
having operating privileges means:
(1)
Thirty days from the mailing date of the division's
order rejecting a renewal or transfer application of any permit class provided
that no appeal is filed to the commission by the affected
party;
(2)
The date that an order, whether issued by the
commission or a court pursuant to an appeal filed under section
119.12 of the Revised Code,
allowed a permit holder to continue selling beer or intoxicating liquor during
the pendency of their appeal as permitted under the class of permits issued to
them terminated; or
(3)
Twenty-one days from the mailing date of the
commission's order revoking a liquor permit under section
4301.25 of the Revised Code
provided that no appeal under section
119.12 of the Revised Code is
filed by the party that is the subject of the order.
(D)
An applicant for
a liquor permit at a location that is subject to this rule may file an appeal
with the commission in the same manner as set forth in this
chapter.
(E)
The commission shall have the discretion to waive the
enforcement of this rule when special circumstances are shown. Special
circumstances may include but are not limited to:
(1)
The relationship
of the applicant, and any of its shareholders or members, to the permit that
was revoked, or not issued, transferred or renewed under division (A)(2),
(B)(1), (B)(2) or (D) of section
4303.292 of the Revised
Code;
(2)
The last date that permit privileges were exercised at
the applied-for location; or
(3)
The factual
circumstances surrounding the revocation or the refusal to issue, transfer or
renew the previously issued permit.
Notes
Effective:
Promulgated Under: 119.03
Statutory Authority: 4301.03
Rule Amplifies: 4301.03(G)
Prior effective dates: 07/05/1950, 07/01/1981, 05/01/1999, 01/01/2010, 09/05/2015
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