Ohio § 4303.31

§ 4303.31.

(A) Before issuing a D-1, D-2, D-3, D-4, or D-5 permit to an applicant who is not subject

to the population quota restrictions contained in section 4303.29 of the Revised Code or in any rule of the liquor control commission, the division of liquor control and

the commission both shall receive certification from the applicant that the applicant

has attempted to obtain but has not obtained the class of permit that the applicant

seeks, as provided in this division, from a permit holder whose premises is located

in the municipal corporation or in the unincorporated area of the township in which

the applicant's proposed premises is located.  This certification shall only be necessary if the proposed premises is located in

a municipal corporation or in the unincorporated area of a township where the number

of permits of the class sought currently issued exceeds the maximum number of permits

of that class that can be issued under the population quota restrictions contained

in section 4303.29 of the Revised Code and in any rule of the liquor control commission.  The division shall provide the applicant with the names and addresses of permit

holders whose premises are located in the municipal corporation or in the unincorporated

area of the township in which the applicant's proposed premises is located who hold

the class of permit that the applicant seeks.  The applicant shall attempt to obtain the class of permit sought by placing a notice

of intent to obtain such a permit once a week for not less than two weeks in a newspaper

of general circulation within the municipal corporation or the unincorporated area

of the township, and by directly contacting a reasonable number of such permit holders

in the municipal corporation or the unincorporated area of the township.  The applicant shall provide both the division and the commission with an affidavit

indicating the amount of any offers that the applicant received for the sale of the

ownership of a premises with the class of permit that the applicant seeks located

in the municipal corporation or in the unincorporated area of the township. (B) If an applicant for a D-1, D-2, D-3, D-4, or D-5 permit who is not subject to the

population quota restrictions contained in section 4303.29 of the Revised Code or in any rule of the liquor control commission has not obtained the permit sought

from a permit holder, the commission shall order the division to issue to the applicant

the permit the applicant seeks, if the commission determines that the applicant attempted

in good faith to obtain the class of permit sought and did not reject any fair and

reasonable offer to purchase the ownership of a premises with the class of permit

sought, and that the issuance of the permit complies with the rules adopted by the

liquor control commission under division (C) of this section and other applicable

requirements of law. (C) The liquor control commission shall adopt rules establishing standards for the issuance

of a D-1, D-2, D-3, D-4, or D-5 permit to an applicant who is not subject to the population

quota restrictions contained in section 4303.29 of the Revised Code or in any rule of the liquor control commission.  These standards shall be based upon factors such as the projected demand for beer

or liquor sales at the proposed premises, the public need that would be served by

the issuance of the permit, the distance from the applicant's proposed premises to

other nearby permit premises, and the number of existing permits in the area where

the applicant's proposed premises are located.