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permit was revoked by the commission in accordance with section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permit that was revoked, or not issued, transferred or renewed under division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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