Ohio § 4303.272

§ 4303.272.

As used in this section, “ incompetent person ” means a person who is so mentally impaired, as a result of a mental or physical

illness or disability, as a result of an intellectual disability, or as a result of

chronic substance abuse, that the person is incapable of taking proper care of the

person's self or property or fails to provide for the person's family or other persons

for whom the person is charged by law to provide. Any permit holder whose permit premises are destroyed or made unusable for any cause,

or whose tenancy is terminated for any cause, shall deliver the permit holder's permit

to the division of liquor control for safekeeping until such time as the original

permit premises are made available for occupancy or new premises are secured by the

permit holder or until new premises are secured by the permit holder outside the precinct

affected by a local option election. Unless the permit is to be cancelled as the result of a local option election held

pursuant to section 4301.352 of the Revised Code , a permit holder whose permit is to be restricted or cancelled as the result of a

local option election pursuant to sections 4301.32 to 4301.41 and 4305.14 of the Revised Code may, within the thirty-day period after the certification of the results of the election

to the division, deliver the permit to the division for safekeeping subject to the

renewal and transfer provision of this section.  A permit holder whose permit is to be cancelled as the result of a local option

election held pursuant to section 4301.352 of the Revised Code is not entitled to deliver the permit to the division for safekeeping. If, as the result of the election, the use of a permit is made wholly unlawful and

the permit holder does not deliver or is not entitled to deliver the permit to the

division for safekeeping as provided in this section, the division shall forthwith

cancel and pick up the permit. During the period of time that a permit is held in safekeeping by the division, the

permit holder shall be allowed to transfer the permit to other premises, subject to

the provisions of Chapters 4301. and 4303. of the Revised Code. If the expiration date of a permit occurs during the time it is held in safekeeping,

the permit shall be renewed by the division if the permit holder complies with the

other provisions of Chapters 4301. and 4303. of the Revised Code, pertaining to the

renewal of a permit.  The division shall issue and then retain the renewed permit until the original permit

premises become available for occupancy by the permit holder or until the permit holder

secures other premises.  The division shall return to the permit holder a permit renewed while in safekeeping

when the original permit premises are made available for occupancy or new permit premises

are secured by the permit holder, if the premises meet the requirements of Chapters

4301. and 4303. of the Revised Code. A permit renewed while in safekeeping shall be considered in full force and effect

and may be transferred by the division. Should the permit holder be adjudged an incompetent person or die while the permit

holder's permit is in safekeeping, the permit shall be transferred, upon application,

by the division to the guardian, administrator, executor, or other fiduciary of the

permit holder who shall have the same rights to the transfer, return, and renewal

of the permit as is provided in this section for the permit holder. A permit held in safekeeping shall not be renewed more than once while so held, unless

the building from which the permit was taken for safekeeping or the building to which

the permit is to be transferred is under construction or reconstruction, in which

event the permit shall be held in safekeeping and shall, upon the application of the

permit holder, be renewed at each expiration date until the construction or reconstruction

of the building is completed.