Ohio § 4303.271

§ 4303.271.

(A) Except as provided in divisions (B) and (D) of this section, the holder of a permit

issued under sections 4303.02 to 4303.232 of the Revised Code , who files an application for the renewal of the same class of permit for the same

premises, shall be entitled to the renewal of the permit.  The division of liquor control shall renew the permit unless the division rejects

for good cause any renewal application, subject to the right of the applicant to appeal

the rejection to the liquor control commission. (B) The legislative authority of the municipal corporation, the board of township trustees,

or the board of county commissioners of the county in which a permit premises is located

may object to the renewal of a permit issued under sections 4303.11 to 4303.183 of the Revised Code for any of the reasons contained in division (A) of section 4303.292 of the Revised Code .  Any objection shall be made no later than thirty days prior to the expiration of

the permit, and the division shall accept the objection if it is postmarked no later

than thirty days prior to the expiration of the permit.  The objection shall be made by a resolution specifying the reasons for objecting

to the renewal and requesting a hearing, but no objection shall be based upon noncompliance

of the permit premises with local zoning regulations that prohibit the sale of beer

or intoxicating liquor in an area zoned for commercial or industrial uses, for a permit

premises that would otherwise qualify for a proper permit issued by the division.  The resolution shall be accompanied by a statement by the chief legal officer of

the political subdivision that, in the chief legal officer's opinion, the objection

is based upon substantial legal grounds within the meaning and intent of division (A) of section 4303.292 of the Revised Code . Upon receipt of a resolution of a legislative authority or board objecting to the

renewal of a permit and a statement from the chief legal officer, the division shall

set a time for the hearing and send by certified mail to the permit holder, at the

permit holder's usual place of business, a copy of the resolution and notice of the

hearing.  The division shall then hold a hearing in the central office of the division, except

that, upon written request of the legislative authority or board, the hearing shall

be held in the county seat of the county in which the permit premises is located,

to determine whether the renewal shall be denied for any of the reasons contained

in division (A) of section 4303.292 of the Revised Code .  Only the reasons for refusal contained in division (A) of section 4303.292 of the Revised Code and specified in the resolution of objection shall be considered at the hearing. The permit holder and the objecting legislative authority or board shall be parties

to the proceedings under this section and shall have the right to be present, to be

represented by counsel, to offer evidence, to require the attendance of witnesses,

and to cross-examine witnesses at the hearing. (C) An application for renewal of a permit shall be filed with the division at least

fifteen days prior to the expiration of an existing permit, and the existing permit

shall continue in effect as provided in section 119.06 of the Revised Code until the application is approved or rejected by the division.  Any holder of a permit, which has expired through failure to be renewed as provided

in this section, shall obtain a renewal of the permit, upon filing an application

for renewal with the division, at any time within thirty days from the date of the

expired permit.  A penalty of ten per cent of the permit fee shall be paid by the permit holder if

the application for renewal is not filed at least fifteen days prior to the expiration

of the permit. (D)(1) Annually, the tax commissioner shall examine the department of taxation's records

for the horse-racing, alcoholic beverage, motor fuel, petroleum activity, sales or

use, cigarette, other tobacco products, employer withholding, commercial activity,

and gross casino revenue tax and gross receipts taxes levied pursuant to section 5739.101 of the Revised Code for each holder of a permit issued under sections 4303.02 to 4303.232 of the Revised Code to determine if the permit holder is delinquent in filing any returns, submitting

any information required by the commissioner, or remitting any payments with respect

to those taxes or any fees, charges, penalties, or interest related to those taxes. If any delinquency or liability exists, the commissioner shall send a notice of that

fact to the permit holder in the manner provided in section 5703.37 of the Revised Code .  The notice shall specify, in as much detail as is possible, the periods for which

returns have not been filed and the nature and amount of unpaid assessments and other

liabilities and shall be sent on or before the first day of the third month preceding

the month in which the permit expires.  The commissioner also shall notify the division of liquor control of the delinquency

or liability, identifying the permit holder by name and permit number. (2)(a) Except as provided in division (D)(4) of this section, the division of liquor control

shall not renew the permit of any permit holder the tax commissioner has identified

as being delinquent in filing any returns, providing any information, or remitting

any payments with respect to the taxes listed in division (D)(1) of this section as

of the first day of the sixth month preceding the month in which the permit expires,

or of any permit holder the commissioner has identified as having been assessed by

the department on or before the first day of the third month preceding the month in

which the permit expires, until the division is notified by the commissioner that

the delinquency, liability, or assessment has been resolved. (b)(i) Within ninety days after the date on which the permit expires, any permit holder

whose permit is not renewed under this division may file an appeal with the liquor

control commission.  The commission shall notify the tax commissioner regarding the filing of any such

appeal.  During the period in which the appeal is pending, the permit shall not be renewed

by the division.  The permit shall be reinstated if the permit holder and the commissioner or the

attorney general demonstrate to the liquor control commission that the commissioner's

notification of a delinquency or assessment was in error or that the issue of the

delinquency or assessment has been resolved. (ii) A permit holder who has filed an appeal under division (D)(2)(b)(i) of this section

may file a motion to withdraw the appeal.  The division of liquor control may renew a permit holder's permit if the permit

holder has withdrawn such an appeal and the division receives written certification

from the tax commissioner that the permit holder's delinquency or assessment has been

resolved. (3) A permit holder notified of delinquency or liability under this section may protest

the notification to the tax commissioner on the basis that no return or information

is delinquent and no tax, fee, charge, penalty, or interest is outstanding.  The commissioner shall expeditiously consider any evidence submitted by the permit

holder and, if it is determined that the notification was in error, immediately shall

inform the division of liquor control that the renewal application may be granted.  The renewal shall not be denied if the delinquency or unreported liability is the

subject of a bona fide dispute as to the validity of the delinquency or unreported

liability and is the subject of an assessment and of an appeal properly filed by the

permit holder. (4) If the commissioner concludes that under the circumstances the permit holder's delinquency

or liability has been conditionally resolved, the commissioner shall allow the permit

to be renewed, conditioned upon the permit holder's continuing performance in satisfying

the delinquency and liability.  The conditional nature of the renewal shall be specified in the notification given

to the division of liquor control under division (D)(1) of this section.  Upon receipt of notice of the resolution, the division shall issue a conditional

renewal.  If the taxpayer defaults on any agreement to pay the delinquency or liability or

fails to keep subsequent tax or fee payments current, the liquor control commission,

upon request and proof of the default or failure to keep subsequent tax or fee payments

current, shall indefinitely suspend the permit holder's permit until all taxes or

fees and interest due are paid. (5) The commissioner may adopt rules to assist in administering the duties imposed by

this section.