Hamilton County Board of County Commissioners

Liquor Permit — County Notice and Objection Hearing (unincorporated premises)

Every liquor permit in Ohio is issued by the Division of Liquor Control in the Department of Commerce, and ORC 4303.26(A) gives the county a procedural role rather than a licensing one — but for a premises outside municipal limits it is a real step that can add two months to an opening. The statute provides that on an application for a new class C or D permit, or a transfer of ownership or location, no permit shall be issued 'until the division notifies the legislative authority of the municipal corporation if the business or event is or is to be located within the corporate limits of a municipal corporation, or the clerk of the board of county commissioners and the fiscal officer of the board of township trustees in the county in which the business or event is or is to be conducted if the business is or is to be located outside the corporate limits of a municipal corporation, and an opportunity is provided officials or employees of the municipal corporation or county and township... for a complete hearing upon the advisability of the issuance, transfer of ownership, or transfer of location of the permit.' So a restaurant in an unincorporated township deals with the Board of County Commissioners and the township trustees, while one inside a city or village deals with that municipality's legislative authority. The hearing must be requested within thirty days of the notification, extendable by thirty more for cause, and an objection may not rest on local zoning regulations prohibiting alcohol sales in an area zoned commercial or industrial. A separate 500-foot rule applies to any regular permit except F-2: where the premises is within 500 feet of a parcel containing a school, church, library, public playground or township park, those authorities are served with written notice and given the chance to be heard, and on written request the hearing is held in the county seat. The county charges no fee for the notice or the hearing; the $100 application processing fee that ORC 4303.26(A) mentions is payable to the Division of Liquor Control with the permit application, and the annual permit fee for each class is a state charge set in ORC Chapter 4303.