Ohio § 4303.292

§ 4303.292.

(A) The division of liquor control may refuse to issue, transfer the ownership of, or

renew, and shall refuse to transfer the location of, any retail permit issued under

this chapter if it finds either of the following: (1) That the applicant, or any partner, member, officer, director, or manager of the

applicant, or, if the applicant is a corporation or limited liability company, any

shareholder owning five per cent or more of the applicant's capital stock in the corporation

or any member owning five per cent or more of either the voting interests or membership

interests in the limited liability company: (a) Has been convicted at any time of a crime that relates to fitness to operate a liquor

establishment; (b) Has operated liquor permit businesses in a manner that demonstrates a disregard for

the laws, regulations, or local ordinances of this state or any other state; (c) Has misrepresented a material fact in applying to the division for a permit;  or (d) Is in the habit of using alcoholic beverages or dangerous drugs to excess, or is

addicted to the use of narcotics. (2) That the place for which the permit is sought: (a) Does not conform to the building, safety, or health requirements of the governing

body of the county or municipal corporation in which the place is located.  As used in division (A)(2)(a) of this section, “building, safety, or health requirements”

does not include local zoning ordinances.  The validity of local zoning regulations shall not be affected by this section. (b) Is so constructed or arranged that law enforcement officers and duly authorized agents

of the division are prevented from reasonable access to rooms within which beer or

intoxicating liquor is to be sold or consumed; (c) Is so located with respect to the neighborhood that substantial interference with

public decency, sobriety, peace, or good order would result from the issuance, renewal,

transfer of location, or transfer of ownership of the permit and operation under it

by the applicant;  or (d) Has been declared a nuisance pursuant to Chapter 3767. of the Revised Code since

the time of the most recent issuance, renewal, or transfer of ownership or location

of the liquor permit. (B) The division of liquor control may refuse to issue or transfer the ownership of,

and shall refuse to transfer the location of, any retail permit issued under this

chapter if it finds either of the following: (1) That the place for which the permit is sought is so situated with respect to any

school, church, library, public playground, or hospital that the operation of the

liquor establishment will substantially and adversely affect or interfere with the

normal, orderly conduct of the affairs of those facilities or institutions; (2) That the number of permits already existent in the neighborhood is such that the

issuance or transfer of location of a permit would be detrimental to and substantially

interfere with the morals, safety, or welfare of the public.  In reaching a conclusion in this respect, the division shall consider, in light

of the purposes of this chapter and Chapters 4301. and 4399. of the Revised Code,

the character and population of the neighborhood, the number and location of similar

permits in the neighborhood, the number and location of all other permits in the neighborhood,

and the effect the issuance or transfer of location of a permit would have on the

neighborhood. (C) The division of liquor control shall not transfer the location or transfer the ownership

and location of a permit under division (B)(2)(b) of section 4303.29 of the Revised Code unless the permit is transferred to an economic development project. (D) The division of liquor control shall refuse to issue, renew, transfer the ownership

of, or transfer the location of a retail permit under this chapter if the applicant

is or has been convicted of a violation of division (C)(1) of section 2913.46 of the Revised Code . (E) The division of liquor control shall refuse to transfer the ownership of or transfer

the location of a retail permit under this chapter while criminal proceedings are

pending against the holder of the permit for a violation of division (C)(1) of section 2913.46 of the Revised Code .  The department of public safety shall notify the division whenever criminal proceedings

have commenced for a violation of division (C)(1) of section 2913.46 of the Revised Code . (F) The division of liquor control shall refuse to issue, renew, or transfer the ownership

or location of a retail permit under this chapter if the applicant has been found

to be maintaining a nuisance under section 3767.05 of the Revised Code at the premises for which the issuance, renewal, or transfer of ownership or location

of the retail permit is sought.