4301:1-1-08. Permit, issuance of after revocation or refusal to issue, transfer or renew

(A) Former or current permit holders

(1) A former or current permit holder whose permit was revoked for cause based on an administrative citation shall not be issued any permit for a period of one year at that location following the effective date of the revocation.

(2) A former or current permit holder whose permit was not renewed or transferred to a location under division (A)(2), (B)(1), (B)(2), or (D) of section 4303.292 of the Revised Code shall not be issued any permit for a period of one year at that location following the effective date of the non-renewal or refusal to transfer.

(B) Applicants

(1) An applicant whose permit is not issued pursuant to division (A)(2), (B)(1), (B)(2), or (D) of section 4303.292 of the Revised Code shall not be issued any permit for a period of one year at that location following the effective date of the refusal to issue.

(2) The superintendent of the division of liquor control shall not issue or transfer any permit for a period of one year to a location where a previously-issued permit was revoked.

(3) The superintendent of the division of liquor control shall not issue or transfer any permit for a period of one year at a location where the division of liquor control refused to issue, transfer or renew a previously-issued permit pursuant to division (A)(2), (B)(1), (B)(2), or (D) of section 4303.292 of the Revised Code.

(C) Computation of time

(1) In determining the one-year period established under paragraph (A)(1) or (B)(2) of this rule, a revocation order shall be considered effective:

(a) Twenty-one days from the mailing date of the revocation order.

(b) Upon final determination by a court if appealed pursuant to section 119.12 of the Revised Code.

(c) If an appeal is filed with a court and a stay order is not granted, then the date of the revocation shall be considered effective as stated in the agency's order.

(2) In determining the one-year period established under paragraph (A)(2), (B)(1) or (B)(3) of this rule, an order shall be considered effective:

(a) On the mailing date of the superintendent of the division of liquor control's order denying the issuance, transfer, or renewal of any permit under division (A)(2), (B)(1), (B)(2), or (D) of section 4303.292 of the Revised Code.

(b) If an appeal is filed with the liquor control commission and a stay order is granted, on the mailing date of the liquor control commission's order.

(c) Upon final determination by a court if appealed pursuant to section 119.12 of the Revised Code.

(d) If an appeal is filed with the liquor control commission or a court and a stay order is not granted, then the effective date of the refusal to issue, transfer or renew any permit under division (A)(2), (B)(1), (B)(2) or (D) of section 4303.292 of the Revised Code shall become effective as stated in the agency's or court's order.

(D) Waiver by the commission

(1) If a permit is revoked or the superintendent of the division of liquor control refuses to issue, transfer, or renew any permit under division (A)(2), (B)(1), (B)(2) or (D) of section 4303.292 of the Revised Code, an applicant for a permit at that location may file an appeal with the liquor control commission as set forth in this chapter.

(2) The liquor control commission shall have the discretion to waive the enforcement of this rule when special circumstances are shown. Special circumstances may include but are not limited to:

(a) The relationship of the applicant to the permit that was revoked, or not issued, transferred or renewed under division (A)(2), (B)(1), (B)(2) or (D) of section 4303.292 of the Revised Code.

(b) The last date that permit privileges were exercised at the applied-for location.

(c) The circumstances surrounding the revocation of the previously-issued permit.

(d) The circumstances surrounding the refusal to issue, transfer or renew the previously-issued permit.

Replaces: 4301:1-1-08

Effective: 9/5/2015
Five Year Review (FYR) Dates: 09/05/2020
Promulgated Under: 119.03
Statutory Authority: 4301.03
Rule Amplifies: 4301.03(G)
Prior Effective Dates: 7/5/50, 7/1/81, 5/1/99, 01/01/2010