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- ~ Regular Council Meeting <br />9-23-02 <br />Page 4 <br />Ohio. Municipalities can not legislate through their Zoning Ordinances controls on how <br />liquor is sold. That is something that is regulated by the State of Ohio. About the most <br />effective thing a community can do is usually vote a precinct dry, which is a pretty <br />cumbersome procedure to follow. Otherwise, there are very specific exceptions to <br />transfer of a liquor license which again those are controlled by the State. Those are the <br />issues that we are asking our Law Director to look into. <br />Mr. Diemert said the Mayor has stated that accurately, the Department of Liquor Control <br />has total authority over subject matter such as this. Our only authority is to request a <br />public hearing on it. That is what I was going to recommend to Council, that they <br />authorize us to file a form with the State Department of Liquor Control merely requesting <br />a hearing on the advisability of issuing the permit and request that the hearing be held <br />here in this county. Once we make that request, they will honor it, and they will have a <br />hearing here and then we'll examine those issues about proximity to Schools and to <br />Churches and so on, to see whether or not they qualify. The end result will be the <br />decision of the Department of Liquor Control. We control variances and things of that <br />nature but that's really irrelevant as far as the Liquor Board is concerned with the permit <br />transfer. <br />-~ Council President Buckholtz asked are you suggesting we would make that <br />authorization? <br />Mr. Diemert said yes a motion authorizing the administration and myself to file the <br />request for a hearing. It's merely not objecting, it's just saying that we request a hearing <br />on the advisability of the permit. That is the form they sent to Council from JDKK, Inc, <br />which may have been the registered property owner that is showing up. <br />Dr. Parker asked, is that a hearing that would allow residents or no? <br />Mr. Diemert said it's totally up to the Bureau. When they get here, they may restrict it to <br />whoever they want to have. Normally, they open it up for comments from everyone. <br />Dr. Parker said I know we were advised by the Commission, do you know whether the <br />Church or the Board of Education was? <br />Mr. Diemert said, yes I believe they were. <br />Mrs. Mills asked, Mr. Diemert, would that be here in Mayfield Village? Where is the <br />hearing? <br />~ Mr. Diemert said, no it would probably be somewhere in the County, likely Downtown <br />