Ohio Administrative Code › Title 4301 - Division of Liquor Control › Chapter 4301-5 - Identification and Labeling of Distilled Spirits and Mixed Beverages › Section 4301-5-01 - State liquor stores and state liquor agencies

Current through all regulations passed and filed through July 1, 2024
(A) The division shall make the determination
			 to open a new state liquor store or state liquor agency based upon, but not
			 limited to, the following factors: new areas of growth in the state; a request
			 to review an area of the state for a potential new state liquor store or state
			 liquor agency submitted by a member of the public; the proximity of the
			 proposed area to existing state liquor stores or state liquor agencies; the
			 sales volume of existing state liquor stores or state liquor agencies; and the
			 potential effect on other existing state liquor stores or state liquor
			 agencies.
(B) When the division
			 determines that it would be beneficial to open a state liquor agency in a
			 particular area of the state, it will advertise in the newspaper with the
			 greatest circulation for that area of the state for a minimum of three days for
			 a daily newspaper, or one day in a weekly paper, for applicants interested in
			 becoming a state liquor agent. The advertisement shall include the minimum
			 requirements for: square footage in the sales and storage areas, lineal
			 shelving requirements, and sales and computer equipment.
(C) The division shall evaluate state liquor
			 agency applicants on a points system. Points will be awarded based upon the
			 following conditions:
(1) Environmental
			 conditions: location of the proposed state liquor agency in relation to the
			 area's retail business district; overall appearance of the proposed state
			 liquor agency exterior, including visible signage; handicapped accessible
			 entrance and exit and compliance with the federal Americans with Disabilities
			 Act of 1990, as amended; availability of
			 off-street parking, condition of parking area, and ease of ingress and egress
			 to the parking area; external lighting; overall condition of the interior of
			 the proposed state liquor agency including but not limited to flooring, walls,
			 cleanliness, and lighting; linear feet of shelving for the display of
			 spirituous liquor; full service or self-service display; security of the retail
			 sales area; square feet of storage for liquor inventory; security of the
			 storage area; accommodation of delivery areas; and proposed service plan for
			 wholesale customers.
(2) Business
			 financial and historical information: date started and length of time engaged
			 in this mercantile business; business credit rating; proposed partners,
			 shareholders, or investors and the extent of their interest in the business;
			 status with the Ohio secretary of state's office; previous mercantile business
			 experience; business stability or financial position; financial statement and
			 federal internal revenue service information; existing or proposed inventory;
			 capital and other expenses to set up and operate the business; verification of
			 sources of funds used to operate the business; proof of tenancy at the proposed
			 state liquor agency location; and types and percentages of products
			 sold.
(3) Personal history of
			 interested parties: alcoholic beverage work experience including businesses
			 owned holding division liquor permits or employment with liquor permit
			 businesses; liquor law violations and citation history; existing or
			 previously-held state liquor agency contracts; any criminal convictions;
			 previous or pending bankruptcy, receivership, or other insolvency proceeding by
			 or against the applicant; payment history of all federal, state, local, and
			 business taxes; pending litigation involving the applicant; outstanding debts;
			 and proof of liability insurance.