Cleveland Law Library Weblog

Ward 14 Councilman Reviewing All Liquor Licenses

The Sun News reports that Local Ward 14 Councilman Joe Santiago is conducting a review of the licenses, certificates and zoning of all 74 liquor establishments within his ward. Click here to read and review Cleveland's liquor ordinances in Chapters 617 and 618. Click here to review Ohio's liquor laws. Santiago and his associate started with bars and other businesses on W25th between Bridge Ave. and I71 and the news reports that they claim to have already found 10% out of compliance with applicable laws. In an interesting twist, the Sun News reports that a Ward 14 resident is concerned that non-complying businesses could be legalized by overlaying an adult entertainment district like the City of Cleveland is working on for the Flats.

New City Registry for Liquor Permit Managers

Ord. No. 1287-06 creates a registry for liquor permit managers, via new C.C.O. 618.01-618.02, 618.99.  Liquor permit owners must file forms with the Clerk of Council providing the names of liquor permit managers.  A "liquor permit manager" is someone who runs the day to day operations of the liquor permit business and has a financial interest in the net profits of the business.  Liquor permit managers must also register.  Both the owner and manager must specify if the transfer of control is pursuant to a sale of the business.  Registration is required within 30 days after the effective date of the ordinance, which is November 27, 2006.  Failure to comply is a first degree misdemeanor, with each day of violation constituting a separate offense.  The purpose of the ordinance is to prevent creating structures to insulate the liquor permit owner or applicant for a permit transfer from liability.  See page 2181 (page 25 of the pdf document) in the City Record for November 29, 2006.  See also page 1464 (page 22 of the pdf document) in the City Record for August 16, 2006.

Changes to Ohio Liquor Laws

The Governor signed S.B. 131, making changes to liquor laws. See Governor Taft's News Release, June 20, 2006.  Some of the changes include:  (1) Prohibiting alcohol vaporizing devices; (2) Allowing open bottles of wine purchased at restaurants to be transported in vehicles; (3) Allows a person to possess an open or unopen bottle of wine on the premises of a D-2 Liquor Permit holder, if the permit holder is an outdoor performing arts center and the person is attending a performance; (4) Eliminates certain requirements for C and D liquor permits.  See LSC Analysis.

City of Cleveland Restricts Areas for Community Entertainment Districts

The City of Cleveland restricted community entertainment districts to certain areas of the city.  See Cleveland City Record, April 6, 2005, Ord. No. 286-05 at page 567 et seq. , modifying Codified Ordinance No. 699A.01, and creating new Codified Ordinance No. 699A.011. Retail food and food service establishments located in community entertainment districts may obtain low cost liquor permits.  See Ohio Revised Code 4301.80, 4303.181.  The procedures for becoming a community entertainment district are set out in Cleveland Codified Ordinances 699A.01 through 699A.06.  See the City Record, Dec. 22, 2004, Ord No. 1096-04, at page 2461, for the text of Codified Ordinances 699A.01 through 699A.06.  See also the City Record, Dec. 15, 2004, Ord. No. 2374-04, establishing Playhouse Square as a community entertainment district.

For an article on community entertainment districts, see Cities Find Liquor Permits No Cure: Many Hold Off on State Incentive, Toledo Blade, March 28, 2005 by Tom Troy.