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Legal Opinion 2002-06 To David Conway, Building Commissioner from James M. Dubelko, Director of I,aw Subject: Enforcement of Zoning Regulation Prohibiting Sale of Liquor in Commercial District. I)ated: 7anuary 25, 2002 (b) Is so constructed or arranged that law enforcement officers and duly authorized agents of the division are prevented from reasonable access to rooms within which beer or intoxicating liquor is to be sold or consumed. (c) Is so located with respect to the neighborhood that substantiai interference with public decency, sobriety, peace, or good order would result from the issuance, renewal, transfer of location, or transfer of ownership of the pernut and operation thereunder by the applicant. (d) Has been declared a nuisance pursuant to Chapter 3767. of the Revised Code since the time of the most recent issuance, renewal, or transfer of ownership or location of the liquor permit. (B) The division of liquor control may refuse to issue or transfer the ownership of, and shall refuse to transfer the location of any retail permit issued under this chapter if it finds: (1) That the place for which the permit is sought is so situated with respect to any school, church, library, public playground, or hospital that the operation ofthe liquor establishment will substantially and adversely affect or interfere with the normal, orderly conduct of the affairs of those facilities or institutions. (2) That the number of permits already existent in the neighborhood is such that the issuance or transfer of location of a permit would be detrimental to and substantially interfere with the morals, safety, or welfare of the public, and, in reaching a conclusion in this respect, the division shall consider, in light of the purposes of Chapters 4301., 4303., and 4399. ofthe Revised Code, the character and population of the neighborhood, the number and location of similar permits in the neighborhood, the nuanber and location of all other permits in the neighborhood, and the effect the issuance or transfer of location of a pernut would have on the neighborhood." It should be noted that the above-stated grounds for objection includes objections that the location for which the pernut is sought "is so situated to [a] school, church, library, public playground, or hospital that the operation of the liquor establishment will substantially and adversely affect or interfere with the normal, orderly conduct of the affairs of those facilities or institutions." Thus a legislative authority may object to the issuance of a retail liquor 3