2014 Ohio 5047
Ohio Ct. App.2014Background
- Tres Amigos applied for a new Class D-1-2-3-3A-6 liquor permit for 29 E. Franklin St., Centerville, owned by E&E Properties.
- Mike & Lou, Inc. had operated a liquor-permitted business at the same location since 1991.
- Division notified Tres Amigos for a final inspection; the Division denied the permit on July 31, 2012 due to lack of ownership/operator status and tenancy, and failure to cooperate.
- Tres Amigos appealed to the Ohio Liquor Control Commission, which affirmed the Division’s decision on October 18, 2013.
- Tres Amigos appealed to Franklin County Court of Common Pleas under R.C. 119.12; the trial court affirmed the Commission’s order on March 18, 2014.
- The central issue is whether Tres Amigos could obtain a permit without exclusive, present possession as owner/operator of a restaurant at the location.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exclusive possession is required to obtain a permit | Tres Amigos asserts no exclusive possession is needed. | The Commission requires owner/operator status and tenancy/possession at the location. | No; ownership/operation and possession are prerequisites; denial affirmed. |
Key Cases Cited
- Our Place, Inc. v. Ohio Liquor Control Comm., 63 Ohio St.3d 570 (1992) (review standard for administrative orders; evidence reliability required)
- Colon v. Ohio Liquor Control Comm., 2009-Ohio-5550 (Ohio 10th Dist. 2009) (hybrid review; deference to agency findings but not conclusive)
- Duncan v. Ohio State Liquor Control Comm., 10th Dist. No. 08AP-242 (2008) (ownership/operation prerequisite for certain permits)
- Café Napoli Partnership v. Ohio State Liquor Control Comm., 10th Dist. No. 06AP-1055 (2007) (restaurant ownership/operation prerequisite for permits)
- Painesville Raceway, Inc. v. Dept. of Liquor Control, 70 Ohio App.2d 219 (1980) (horse-racing facility context; exclusivity issues distinguished)