4301:1-1-65 Procedure for hearings before the liquor control commission.

 

 

 

PUBLIC HEARING OF THE LIQUOR CONTROL COMMISSION

 

Thursday, June 22, 2006 at 1:30 p.m.

77 South High St, 19th Floor Columbus, Ohio 43215

 

The purpose of this public hearing of the Ohio Liquor Control Commission is to receive comments and testimony from interested parties with regard to the following rules of the Ohio Administrative Code.  In accordance with the provisions of section 119.03 and

119.032 of the Ohio Revised Code, the Liquor Control Commission intends to amend, create and/or rescind the following rules and offers the following synopses of the rules:

 

Rule Number 4301:1-1-60                  ("Off-limits" rule by military service)

The Commission is rescinding this rule as it appears to require permit holders to enforce military orders.

 

Rule Number 4301:1-1-61                  (Violation - identification and notification)

The proposed amendments to this rule will serve to clarify the procedure that is to be followed when a compliance officer or enforcement agent issues a citation to a permit holder.

 

Rule Number 4301:1-1-62                  (Inspection of permit premises - hindering or

assaulting forbidden)

The proposed amendments to this rule are mostly technical, but clarify that a permit holder's agent or employee is required to admit a compliance officer or enforcement agent to the premises.

 

Rule Number 4301:1-1-64                  (Population estimates)

The proposed amendments to this rule are merely technical or grammatical improvements.

 

Rule Number 4301:1-1-65                            (Procedure for hearings before the liquor control commission)

The proposed amendments to this rule clarify that an order from the Division of Liquor Control will be mailed via certified mail to the permit premises or to the last known address of the applicant.

Additionally, the amendments will enact the Commission's policy of requiring permit holders to attach a copy of an order from the Division of Liquor Control to an appeal of that order.

 

 

 

State of Ohio Liquor Control Commission

77 South High St., 18th Floor, Columbus, Ohio 43215 614-466-3132 Fax: [phone]

www.lcc.ohio.gov

- 1 -

 

Rule Number 4301:1-1-66                  (Advertising of proposed rules)

The proposed amendments would make consistent the requirements for comments submitted regarding Commission rules with the requirements for the filing of rules with the Joint Committee on Agency Rule Review.

Rule Number 4301:1-1-67                  (Sales reports of A-1 permit holders)

The proposed amendments to this rule include minimal technical changes.

Rule Number 4301:1-1-76                  (D-7 permit)

The proposed amendments to this rule clarify the requirements applicable to resort area permits, as well as the number of resort permits available in the state. The Commission is also deleting the language regarding the renewal of these permits, which will result in the resort area permits renewing concurrent with other permits in the state.

Rule Number 4301:1-1-77                  (Notice of meetings)

The proposed amendments to this rule are merely technical.

Rule Number 4301:1-1-78                  (Auctions by qualifying permit holders)

The proposed amendments to this rule make auctions by Class F-2 liquor permit holders applicable to beer and mixed beverages, as opposed to just wine.

Rule Number 4301:1-1-79                  (Restrictions on warrantless administrative

inspections)

The proposed amendments to this rule clarify that inspections can be done pursuant to Commission or Division rule.  Additionally, the amendments clarify that the Division rule, OAC 4301-1-02, controls for purposes of changes or alterations of the permit premises.

State of Ohio Liquor Control Commission

77 South High St., 18th Floor, Columbus, Ohio 43215 614-466-3132 Fax: [phone]

www.lcc.ohio.gov

- 2 -