Ohio § 4303.262

§ 4303.262.

The department of development shall designate resort areas, certify the geographical

limits of such areas, and certify the tourist population of and the custom and habits

of the tourists in such areas.  The liquor control commission shall give notice as herein provided of public hearings

to be held for the purpose of determining whether class D-7 permits shall be issued

within such areas. When the resort area certified by the department is located in whole or in part within

the corporate limits of a municipal corporation, the liquor control commission shall

notify the clerk of the legislative authority of such municipal corporation, by certified

mail, of the date of the public hearing to determine whether such area shall be designated

a resort area for purposes of issuing D-7 permits. When the area certified by the department is located in whole or in part outside the

corporate limits of a municipal corporation, the liquor control commission shall notify,

by certified mail, the clerk of the board of county commissioners of the county in

which such resort area is located.  Such notice shall state the date of the public hearing to determine whether such

area shall be designated a resort area for purposes of issuing D-7 permits. In addition to the notice to the clerk of the legislative authority or the clerk of

the county commissioners, or both, the liquor control commission shall cause public

notice of the date of hearing for the purpose of designating such area as a resort

area for the purpose of issuing D-7 permits to be published in a newspaper of general

circulation within the area to be so designated.  The hearing shall be held in a place designated by the liquor control commission. At the public hearing the department shall testify concerning its findings and conclusions

as to the designation of such area as a resort area.  The legislative authority and the board of county commissioners shall be given the

right to offer testimony either in support of or opposition to the designation of

such area as a resort area.  In addition, the liquor control commission shall give members of the general public

the opportunity to give testimony either in support of or in opposition to such designation.  Any member of the general public desiring to give testimony at such hearing shall

give notice of such fact to the liquor control commission within five days of such

hearing.  The liquor control commission may limit the number of private citizens given the

opportunity to testify at such public hearing and limit the length of their presentation.  Any such limitation shall include an equal number of speakers in opposition to and

in favor of such designation. Within thirty days of such public hearing the liquor control commission shall approve

or deny by order the designation as a resort area and may before approval modify the

geographical limits certified to it.  In its order the liquor control commission shall consider the testimony presented

to it at such hearing and shall take into consideration the transient population during

the resort season, the custom and habits of visitors and tourists to the area, and

the promotion of the resort and tourist industry within the area.  The commission shall revoke or modify the designation as a “resort area” when the

area no longer qualifies.  No revocation or modification of the designation shall be made unless the notice

and hearing procedures provided in this section for the original designation of the

area are followed.