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? <br />Legal Opinion 2002-06 <br />To David Conway, Building Commissioner <br />from 7ames M. Dubelko, Director of Law <br />Subject: Enforcement of Zoning Regulation Prohibiting Sa1e of Liquor in Commercial District. <br />Dated: 7anuary 25, 2002 <br />alcoholic beverages in Ohio is vested in the Ohio Department of Liquor Control and the Ohio Liquor <br />Control Commission: Syllabus paragraph two of the Court's decision, which represents the law in <br />Ohio on the issue, thus reads: "Where a business entity operating in a commercial or industrial district has been <br />issued a valid pernut for the sale of alcoholic beverages by the Ohio Department of <br />Liquor Control, a municipality is without authority to extinguish privileges arising <br />thereunder through the enforcement of zoning regulations." <br />Accordingly, North Olmsted may not enforce Section 1139.01(b)(3)(E) ofits Zoning Code to <br />prohibit a properry owner, who holds a valid permit from the State of Ohio authorizing the sale <br />and/or consumption of liquor on its premises, from selling liquor within five hundred feet of a lot <br />occupied by a church or school. <br />It should be noted that, while City zoning laws may not be applied to prohibit sales ofliquor at <br />particular locations in commercial or industrial districts of a City, Ohio law provides two procedures <br />which authorize local community input into the State permit process. <br />First, the electors of any election precinct within a City may exercise their "local option" <br />rights, in a precinct election, to prohibit the sale and/or consumption of liquor within that precinct. <br />See Ohio Revised Code Sections 4301.32 to 4301.40. <br />Secondly, the legislative authority of a municipal corporation, pursuant to R.C. Section <br />4303.26, may object to the issuance of liquor pernut for any of the reasons stated in R.C. Section <br />4303.292. This 5ection provides that, with respect to the proposed location of a retail liquor permit, <br />the Division of Liquor Control shall refuse to issue the permit if it finds: <br />"[A](2) That the place for which the permit is sought: <br />(a) Does not conform to the buildirig, safety, or health requirements of the <br />governing body of the county or municipality in which the place is located. As used in <br />division (A)(2)(a) of this section, "building, safety, or health requirements" does not include local zoning ordinances. The validity of local zoning regulations shall not be <br />affected by this section. _ <br />2