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RESOLUTION N0, 868 <br />Introduced by: Council as a Whole <br />A RESOLUTION REQUESTING THE LEGISLATURE OF THE STATE OF OHIO <br />TO AMEND CHAPTERS 4301 and 4303 OF THE OHIO REVISED CODE, MORE <br />SPECIFICALLY SECTION 4301.03(G), 4301.28 AND 4303.292('A)(2)(a), <br />OF THE OHIO REVISED CODE IN RELATION TO CERTAIN ASPECTS OF THE <br />LIQUOR CONTROL LAWS <br />WHEREAS, the Liquor Control Commission of the State of Ohio is authorized to <br />regulate the number of permits of any class within the State or within any political <br />subdivision thereof, and this Community is not afforded an opportunity to express <br />through its legislative body, or otherwise, its opinion as to the need or effect of <br />the number of permits authorized; and <br />WHEREAS, Ohio Revised Code Section 4301.28 establishes the appeal procedure <br />relative to liquor permits, and while it provides an aggrieved party a right of appeal <br />if refused the issuance of a permit, it does not afford the same r.ight of appeal, in <br />accordance with due process, to an objecting community acting•through its legislative <br />body, and <br />WHEREAS, Ohio Revised Code Section 4303.292(A)(2)(a) which in part provides <br />that the Department of Liquor Control may refuse to issue, transfer, or renew any <br />retail beer or liquor permit if it finds that the place for which th e permit is sought <br />does not conform to the building, safety, or health requirements of the governing body <br />of the municipality in which the place is located, it specifically states that this <br />section shall not be construed to include conformity to local zoning ordinances or <br />regulations; NOW, THEREFORE <br />BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF MAYFIELD, CUYAH4GA COUNTY, <br />OHIO, THATe <br />Section 1. This Council hereby requests the amendments of Sections 4301.03(G), <br />4301.28, and 4303.292(A)(2)(a) and other sections effected thereby so as to provide a <br />municipality an opportunity to establish the quota of liquor permits within its terri- <br />torial limits; to afford the municipality a right of appeal from an order granting a <br />liquor permit of the Liquor Control Commission in accordance with due process; and to <br />provide for compliance with local zoning ordinances by applicants for liquor permits, <br />respectively. <br />Section 2. The Clerk of Council is hereby authorized and instructed to for- <br />ward two copies of this resolution to the Legislature of the State of Ohio. <br />Passed this 18th day of November , 1974. <br />ATTEST: <br />(SE CLE K-TREASURER