F.A.Q. : I just received a letter from the Division of Liquor Control, which says
that they are rejecting my new/transfer/renewal application. What does this mean
and what can I do?
The letter that you received is known as a "Rejection Order."
The Division is saying that, for the reason(s) stated in the Order, the Division
has determined that you are not qualified to hold a liquor permit, or that the issuance
of a liquor permit at the location where you are proposing to operate or have been
operating is detrimental to the area. You now have several options for proceeding.
Just remember that if your renewal application was rejected, YOU DO NOT HAVE PRIVILEGES
TO SELL ALCOHOLIC BEVERAGES AFTER THE EXPIRATION DATE OF THE PERMIT.
If you received a "Conditional Order," the letter will tell you what to do to resolve
whatever issue the Division has with your application. Typically, it will tell you
to provide specific documents or fees to the Division. The letter will also give
you a deadline to meet the conditions. If that date hasn't passed yet, the easiest
thing to do is MEET THE CONDITIONS!
If the deadline date has passed, the Division's Conditional Order rejecting your
application has gone into effect. At this point, the Division will not accept your
attempts to meet the conditions specified in the Order, and the Conditional Order
is the same as a regular Rejection Order.
Whether it is a Conditional Order or a regular Rejection Order, you may take the
steps outlined in the Order and appeal the rejection of your permit application
to the Ohio Liquor Control Commission (Commission). You have 30 days after the effective
date of a Conditional Order, or 30 days after the mailing date of a regular Rejection
Order, to file an appeal with the Commission. You can hire an attorney to file your
appeal with the Commission, or you can do it yourself. (Please note that a corporation
must be represented by legal counsel.)
The Commission is comprised of three members who are like judges in a court. They
decide cases involving liquor permit holders.
The Commission will notify you when it receives your appeal and set a date for a
hearing at its offices in Columbus, Ohio. You or your attorney should be prepared
to go to the hearing on the date that they specify. If you or your attorney cannot
appear on the date that the Commission selects, at least five days before the scheduled
hearing date, you can ask them to continue the matter to a later date.
At the hearing, a representative of the Ohio Attorney General's Office will present
the Division's case to the Commission members. The Assistant Attorney General will
present evidence and testimony. You or your attorney will then be given the chance
to present evidence and testimony as to why the permit application should be approved
or renewed. You will receive an Order from the Commission after the hearing telling
you whether your appeal was successful.
If your appeal was successful, the Commission will overrule the Division's Order
rejecting your permit application. The Division will then reconsider your application.
The Commission may also conditionally overrule the Division. That is the Commission's
way of giving you one last opportunity to correct whatever problems exist with regard
to your application. If you fail to correct the problems completely, or fail to
meet the deadline imposed by the Commission, the Division's original Rejection Order
is final and your application will be cancelled.
If you meet the conditions stated by the Commission, the Division will continue
processing your application.
If your appeal is not successful, the Commission will affirm the Division's Order
rejecting your application. Commission decisions are appealable. You have 21 days
from the mailing date of the Commission's Order to file an appeal with the Franklin
County Court of Common Pleas. If no appeal if filed, the Order of the Commission
The above information is not intended as legal advice, but rather as general guidance.
Each situation is unique and must be reviewed on a case by case basis. You may wish
to retain private legal counsel for comprehensive legal advice. Only legal counsel
who has reviewed the totality of the facts and circumstances affecting your liquor
permit can advise you in an accurate and comprehensive manner.