Bill Text: OH SB252 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To establish local entertainment districts in municipal corporations or unincorporated areas of counties of specified populations for the purpose of the issuance of D-1, D-2, and D-5 liquor permits under specified conditions.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-04-29 - To Agriculture [SB252 Detail]

Download: Ohio-2009-SB252-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 252

Senator Cafaro 

Cosponsors: Senators Wagoner, Schiavoni, Seitz 

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A BILL

To amend section 4303.29 and to enact section 4301.82

1

of the Revised Code to establish local

2

entertainment districts in municipal corporations

3

or unincorporated areas of counties of specified

4

populations for the purpose of the issuance of

5

D-1, D-2, and D-5 liquor permits under specified

6

conditions.

7

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4303.29 be amended and section	8
4301.82 of the Revised Code be enacted to read as follows:	9

Sec. 4301.82. (A) As used in this section:

10

(1) "Local entertainment district" means a bounded area that	11
includes or will include a combination of entertainment, retail,	12
educational, sporting, social, cultural, or arts establishments	13
within close proximity to some or all of the following types of	14
establishments within the district, or other types of	15
establishments similar to these:	16

(a) Hotels;

17

(b) Restaurants;

18

(c) Retail sales establishments;

19

(d) Enclosed shopping centers;

20

(e) Museums;

21

(f) Performing arts theaters;

22

(g) Motion picture theaters;

23

(h) Night clubs;

24

(i) Convention facilities;

25

(j) Sports facilities;

26

(k) Entertainment facilities or complexes;

27

(l) Any combination of the establishments described in	28
divisions (A)(1)(a) to (k) of this section that provide similar	29
services to the community.	30

(2) "Municipal corporation" means a municipal corporation	31
with a population of less than one hundred thousand.	32

(3) "County" means a county with a population of more than	33
one hundred twenty-five thousand.	34

(B) Any owner of property located in a municipal corporation	35
seeking to have that property, or that property and other	36
surrounding property, designated as a local entertainment district	37
shall file an application seeking this designation with the mayor	38
of the municipal corporation in which that property is located.	39
Any owner of property located in the unincorporated area of a	40
county seeking to have that property, or that property and other	41
surrounding property, designated as a local entertainment district	42
shall file an application seeking this designation with the board	43
of county commissioners of the county in whose unincorporated area	44
that property is located. An application to designate an area as a	45
local entertainment district shall contain all of the following:	46

(1) The applicant's name and address;

47

(2) A map or survey of the proposed local entertainment	48
district in sufficient detail to identify the boundaries of the	49
district and the property owned by the applicant;	50

(3) A general statement of the nature and types of	51
establishments described in division (A) of this section that are	52
or will be located within the proposed local entertainment	53
district and any other establishments located in the proposed	54
local entertainment district that are not described in division	55
(A) of this section;	56

(4) If some or all of the establishments within the proposed	57
local entertainment district have not yet been developed, the	58
proposed time frame for completing the development of these	59
establishments;	60

(5) Evidence that the uses of land within the proposed local	61
entertainment district are in accord with the municipal	62
corporation's or county's master zoning plan or map;	63

(6) A handling and processing fee to accompany the	64
application, payable to the applicable municipal corporation or	65
county, in an amount determined by that municipal corporation or	66
county.	67

(C) An application relating to an area located in a municipal	68
corporation shall be addressed and submitted to the mayor of the	69
municipal corporation in which the area described in the	70
application is located. The mayor, within thirty days after	71
receiving the application, shall submit the application with the	72
mayor's recommendation to the legislative authority of the	73
municipal corporation. An application relating to an area located	74
in the unincorporated area of a county shall be addressed and	75
submitted to the board of county commissioners of the county in	76
whose unincorporated area the area described in the application is	77
located. The application is a public record for purposes of	78
section 149.43 of the Revised Code upon its receipt by the mayor	79
or board of county commissioners.	80

Within thirty days after it receives the application and the	81
mayor's recommendations relating to the application, the	82
legislative authority of the municipal corporation, by notice	83
published once a week for two consecutive weeks in at least one	84
newspaper of general circulation in the municipal corporation,	85
shall notify the public that the application is on file in the	86
office of the clerk of the municipal corporation and is available	87
for inspection by the public during regular business hours. Within	88
thirty days after it receives the application, the board of county	89
commissioners, by notice published once a week for two consecutive	90
weeks in at least one newspaper of general circulation in the	91
county, shall notify the public that the application is on file in	92
the office of the county auditor and is available for inspection	93
by the public during regular business hours. The notice shall also	94
indicate the date and time of any public hearing by the municipal	95
legislative authority or board of county commissioners on the	96
application.	97

Within seventy-five days after the date the application is	98
filed with the mayor of a municipal corporation, the legislative	99
authority of the municipal corporation by ordinance or resolution	100
shall approve or disapprove the application based on whether the	101
proposed local entertainment district does or will substantially	102
contribute to entertainment, retail, educational, sporting,	103
social, cultural, or arts opportunities for the community. The	104
community considered shall at a minimum include the municipal	105
corporation in which the community is located. Any approval of an	106
application shall be by an affirmative majority vote of the	107
legislative authority. Not more than one local entertainment	108
district shall be designated within the municipal corporation.	109

Within seventy-five days after the date the application is	110
filed with a board of county commissioners, the board by	111
resolution shall approve or disapprove the application based on	112
whether the proposed local entertainment district does or will	113
substantially contribute to entertainment, retail, educational,	114
sporting, social, cultural, or arts opportunities for the	115
community. The community considered shall at a minimum include at	116
least a portion of the county in which the community is located.	117
Any approval of an application shall be by an affirmative majority	118
vote of the board of county commissioners. Not more than one local	119
entertainment district shall be designated within the	120
unincorporated area of the county.	121

If the municipal legislative authority or board of county	122
commissioners disapproves the application, the applicant may make	123
changes in the application to secure its approval by the	124
legislative authority or board of county commissioners. Any area	125
approved by the legislative authority or board of county	126
commissioners constitutes a local entertainment district.	127

(D) All or part of an area designated as a local	128
entertainment district may lose this designation as provided in	129
this division. The legislative authority of a municipal	130
corporation in which a local entertainment district is located, or	131
the board of county commissioners of the county in whose	132
unincorporated area a local entertainment district is located,	133
after giving notice of its proposed action by publication once a	134
week for two consecutive weeks in at least one newspaper of	135
general circulation in the municipal corporation or county, may	136
determine by ordinance or resolution in the case of the	137
legislative authority of a municipal corporation, or by resolution	138
in the case of a board of county commissioners of a county, that	139
all or part of the area fails to meet the standards described in	140
this section for designation of an area as a local entertainment	141
district. If the legislative authority or board so determines, the	142
area designated in the ordinance or resolution no longer	143
constitutes a local entertainment district.	144

Sec. 4303.29.  (A) No permit, other than an H permit, shall	145
be issued to a firm or partnership unless all the members of the	146
firm or partnership are citizens of the United States. No permit,	147
other than an H permit, shall be issued to an individual who is	148
not a citizen of the United States. No permit, other than an E or	149
H permit, shall be issued to any corporation organized under the	150
laws of any country, territory, or state other than this state	151
until it has furnished the division of liquor control with	152
evidence that it has complied with the laws of this state relating	153
to the transaction of business in this state.	154

The division may refuse to issue any permit to or refuse to	155
renew any permit of any person convicted of any felony that is	156
reasonably related to the person's fitness to operate a liquor	157
permit business in this state. No holder of a permit shall sell,	158
assign, transfer, or pledge the permit without the written consent	159
of the division.	160

(B)(1) No D-3 permit shall be issued to any club unless the	161
club has been continuously engaged in the activity specified in	162
section 4303.15 of the Revised Code, as a qualification for that	163
class of permit, for two years at the time the permit is issued.	164

(2)(a) Subject to division (B)(2)(b) of this section, upon	165
application by properly qualified persons, one C-1 and C-2 permit	166
shall be issued for each one thousand population or part of that	167
population, and one D-1 and D-2 permit shall be issued for each	168
two thousand population or part of that population, in each	169
municipal corporation and in the unincorporated area of each	170
township.	171

Subject to division (B)(2)(b) of this section, not more than	172
one D-3, D-4, or D-5 permit shall be issued for each two thousand	173
population or part of that population in any municipal corporation	174
and in the unincorporated area of any township, except that, in	175
any city of a population of fifty-five thousand or more, one D-3	176
permit may be issued for each fifteen hundred population or part	177
of that population.	178

(b)(i) Division (B)(2)(a) of this section does not prohibit	179
the transfer of location or the transfer of ownership and location	180
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal	181
corporation or the unincorporated area of a township in which the	182
number of permits of that class exceeds the number of such permits	183
authorized to be issued under division (B)(2)(a) of this section	184
to an economic development project located in another municipal	185
corporation or the unincorporated area of another township in	186
which no additional permits of that class may be issued to the	187
applicant under division (B)(2)(a) of this section, but the	188
transfer of location or transfer of ownership and location of the	189
permit may occur only if the applicant notifies the municipal	190
corporation or township to which the location of the permit will	191
be transferred regarding the transfer and that municipal	192
corporation or township acknowledges in writing to the division of	193
liquor control, at the time the application for the transfer of	194
location or transfer of ownership and location of the permit is	195
filed, that the transfer will be to an economic development	196
project. This acknowledgment by the municipal corporation or	197
township does not prohibit it from requesting a hearing under	198
section 4303.26 of the Revised Code. The applicant is eligible to	199
apply for and receive the transfer of location of the permit under	200
division (B)(2)(b) of this section if all permits of that class	201
that may be issued under division (B)(2)(a) of this section in the	202
applicable municipal corporation or unincorporated area of the	203
township have already been issued or if the number of applications	204
filed for permits of that class in that municipal corporation or	205
the unincorporated area of that township exceed the number of	206
permits of that class that may be issued there under division	207
(B)(2)(a) of this section.	208

A permit transferred under division (B)(2)(b) of this section	209
may be subsequently transferred to a different owner at the same	210
location, or to the same owner or a different owner at a different	211
location in the same municipal corporation or in the	212
unincorporated area of the same township, as long as the same or	213
new location meets the economic development project criteria set	214
forth in this section.	215

(ii) Factors that shall be used to determine the designation	216
of an economic development project include, but are not limited	217
to, architectural certification of the plans and the cost of the	218
project, the number of jobs that will be created by the project,	219
projected earnings of the project, projected tax revenues for the	220
political subdivisions in which the project will be located, and	221
the amount of financial investment in the project. The	222
superintendent of liquor control shall determine whether the	223
existing or proposed business that is seeking a permit described	224
in division (B)(2)(b) of this section qualifies as an economic	225
development project and, if the superintendent determines that it	226
so qualifies, shall designate the business as an economic	227
development project.	228

(3) Nothing in this section shall be construed to restrict	229
the issuance of a permit to a municipal corporation for use at a	230
municipally owned airport at which commercial airline companies	231
operate regularly scheduled flights on which space is available to	232
the public. A municipal corporation applying for a permit for such	233
a municipally owned airport is exempt, in regard to that	234
application, from the population restrictions contained in this	235
section and from population quota restrictions contained in any	236
rule of the liquor control commission. A municipal corporation	237
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a	238
municipally owned airport is subject to section 4303.31 of the	239
Revised Code.	240

(4) Nothing in this section shall be construed to prohibit	241
the issuance of a D permit to the board of trustees of a soldiers'	242
memorial for a premises located at a soldiers' memorial	243
established pursuant to Chapter 345. of the Revised Code. An	244
application for a D permit by the board for those premises is	245
exempt from the population restrictions contained in this section	246
and from the population quota restrictions contained in any rule	247
of the liquor control commission. The location of a D permit	248
issued to the board for those premises shall not be transferred. A	249
board of trustees of a soldiers' memorial applying for a D-1, D-2,	250
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to	251
section 4303.31 of the Revised Code.	252

(5) Nothing in this section shall be construed to restrict	253
the issuance of a permit for a premises located at a golf course	254
owned by a municipal corporation, township, or county, owned by a	255
park district created under Chapter 1545. of the Revised Code, or	256
owned by the state. The location of such a permit issued on or	257
after September 26, 1984, for a premises located at such a golf	258
course shall not be transferred. Any application for such a permit	259
is exempt from the population quota restrictions contained in this	260
section and from the population quota restrictions contained in	261
any rule of the liquor control commission. A municipal	262
corporation, township, county, park district, or state agency	263
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf	264
course is subject to section 4303.31 of the Revised Code.	265

(6) As used in division (B)(6) of this section, "fair" has	266
the same meaning as in section 991.01 of the Revised Code; "state	267
fairgrounds" means the property that is held by the state for the	268
purpose of conducting fairs, expositions, and exhibits and that is	269
maintained and managed by the Ohio expositions commission under	270
section 991.03 of the Revised Code; "capitol square" has the same	271
meaning as in section 105.41 of the Revised Code; and "Ohio	272
judicial center" means the site of the Ohio supreme court and its	273
grounds.	274

Nothing in this section shall be construed to restrict the	275
issuance of one or more D permits to one or more applicants for	276
all or a part of the state fairgrounds, capitol square, or the	277
Ohio judicial center. An application for a D permit for the state	278
fairgrounds, capitol square, or the Ohio judicial center is exempt	279
from the population quota restrictions contained in this section	280
and from the population quota restrictions contained in any rule	281
of the liquor control commission. The location of a D permit	282
issued for the state fairgrounds, capitol square, or the Ohio	283
judicial center shall not be transferred. An applicant for a D-1,	284
D-2, D-3, or D-5 permit for the state fairgrounds is not subject	285
to section 4303.31 of the Revised Code.	286

Pursuant to section 1711.09 of the Revised Code, the holder	287
of a D permit issued for the state fairgrounds shall not deal in	288
spirituous liquor at the state fairgrounds during, or for one week	289
before or for three days after, any fair held at the state	290
fairgrounds.	291

(7) Nothing in this section shall be construed to prohibit	292
the issuance of a D permit for a premises located at a zoological	293
park at which sales have been approved in an election held under	294
former section 4301.356 of the Revised Code. An application for a	295
D permit for such a premises is exempt from the population	296
restrictions contained in this section, from the population quota	297
restrictions contained in any rule of the liquor control	298
commission, and from section 4303.31 of the Revised Code. The	299
location of a D permit issued for a premises at such a zoological	300
park shall not be transferred, and no quota or other restrictions	301
shall be placed on the number of D permits that may be issued for	302
a premises at such a zoological park.	303

(8) As used in division (B)(8) of this section, "local	304
entertainment district" has the same meaning as in section 4301.82	305
of the Revised Code.	306

Nothing in this section shall be construed to prohibit the	307
issuance of a D-1, D-2, or D-5 permit for a premises located in a	308
local entertainment district, provided that all of the following	309
apply:	310

(a) The applicant for the permit is the owner or operator of	311
a retail food establishment or a food service operation licensed	312
under Chapter 3717. of the Revised Code.	313

(b) The applicant for the permit has not been issued a D-1,	314
D-2, or D-5 permit in the six months prior to filing the	315
application for a D-1, D-2, or D-5 permit for a premises located	316
in a local entertainment district.	317

(c) The premises for which a permit is proposed to be issued	318
has gross annual receipts from the sale of food and meals for	319
consumption on the premises that constitute not less than	320
seventy-five per cent of its total gross annual receipts.	321

An application for a D-1, D-2, or D-5 permit for a premises	322
located in a local entertainment district is exempt from the	323
population restrictions established in this section, from the	324
population quota restrictions established in any rule of the	325
liquor control commission, and from section 4303.31 of the Revised	326
Code. Such a D-1, D-2, or D-5 permit shall not be transferred out	327
of the local entertainment district. Not more than one D-1, D-2,	328
or D-5 permit shall be issued within a local entertainment	329
district for each five acres of land located within the district.	330
Not more than ten D-1, D-2, or D-5 permits, or any combination of	331
those permits, may be issued within a single local entertainment	332
district.	333

(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in	334
any election precinct in any municipal corporation or in any	335
election precinct in the unincorporated area of any township, in	336
which at the November, 1933, election a majority of the electors	337
voting thereon in the municipal corporation or in the	338
unincorporated area of the township voted against the repeal of	339
Section 9 of Article XV, Ohio Constitution, unless the sale of	340
spirituous liquor by the glass is authorized by a majority vote of	341
the electors voting on the question in the precinct at an election	342
held pursuant to this section or by a majority vote of the	343
electors of the precinct voting on question (C) at a special local	344
option election held in the precinct pursuant to section 4301.35	345
of the Revised Code. Upon the request of an elector, the board of	346
elections of the county that encompasses the precinct shall	347
furnish the elector with a copy of the instructions prepared by	348
the secretary of state under division (P) of section 3501.05 of	349
the Revised Code and, within fifteen days after the request, a	350
certificate of the number of signatures required for a valid	351
petition under this section.	352

Upon the petition of thirty-five per cent of the total number	353
of voters voting in any such precinct for the office of governor	354
at the preceding general election, filed with the board of	355
elections of the county in which such precinct is located not	356
later than ninety days before a general election, the board shall	357
prepare ballots and hold an election at such general election upon	358
the question of allowing spirituous liquor to be sold by the glass	359
in such precinct. The ballots shall be approved in form by the	360
secretary of state. The results of the election shall be certified	361
by the board to the secretary of state, who shall certify the	362
results to the division.	363

(2) No holder of a class D-3 permit issued for a boat or	364
vessel shall sell spirituous liquor in any precinct, in which the	365
election provided for in this section may be held, unless the sale	366
of spirituous liquor by the drink has been authorized by vote of	367
the electors as provided in this section or in section 4301.35 of	368
the Revised Code.	369

(D) Any holder of a C or D permit whose permit premises were	370
purchased in 1986 or 1987 by the state or any state agency for	371
highway purposes shall be issued the same permit at another	372
location notwithstanding any quota restrictions contained in this	373
chapter or in any rule of the liquor control commission.	374

Section 2.  That existing section 4303.29 of the Revised Code	375
is hereby repealed.	376