Application For New D-7 Resort Area Permit Form. This is a Ohio form and can be use in Department Of Commerce Statewide.
Tags: Application For New D-7 Resort Area Permit, DLC 4124, Ohio Statewide, Department Of Commerce
For Questions call Ohio Department of Commerce Division of Liquor Control (614) 644-3155 Office Hours 8:00 a.m. - 5:00 p.m. 6606 Tussing Road, P.O. Box 4005 Reynoldsburg, Ohio 43068-9005 http://www.com.ohio.gov/liqr APPLICATION FOR NEW D-7 RESORT AREA PERMIT Beer and intoxicating liquor by glass or container, for consumption on premises only, until 2:30 a.m. during the resort season. Permit Fee: $2,814.00 ($469.00 month/ x 6 months) - Application Processing Fee: $100.00 Payment for entire resort season must accompany this application. § 4303.183 D-7 permit. Permit D-7 may be issued to the holder of any D-2 permit issued by the division of liquor control, or if there is an insufficient number of D-2 permit holders to fill the resort quota, to the operator of a retail food establishment or a food service operation required to be licensed under Chapter 3717. of the Revised Code that operates as a restaurant for purposes of this chapter and which qualifies under the other requirements of this section, to sell beer and any intoxicating liquor at retail, only by the individual drink in glass and from the container, for consumption on the premises where sold. Not less than fifty per cent of the business on the permit premises shall be preparing and serving meals for a consideration in order to qualify for and continue to hold such D-7 permit. The permit premises shall be located in a resort area. “Resort area” means a municipal corporation, township, county, or any combination thereof, which provides entertainment, recreation, and transient housing facilities specifically intended to provide leisure time activities for persons other than those whose permanent residence is within the “resort area” and who increase the population of the “resort area” on a seasonal basis, and which experiences seasonal peaks of employment and governmental services as a direct result of population increase generated by the transient, recreating public. A resort season shall begin on the first day of May and end on the last day of October. Notwithstanding section 4303.27 of the Revised Code, such permits may be issued for resort seasons without regard to the calendar year or permit year. Quota restrictions on the number of such permits shall take into consideration the transient population during the resort season, the custom and habits of visitors and tourists, and the promotion of the resort and tourist industry. The fee for this permit is four hundred sixty nine dollars per month. Any suspension of a D-7 permit shall be satisfied during the resort season in which such suspension becomes final. If such suspension becomes final during the off-season, or if the period of the suspension extends beyond the last day of October, the suspension or remainder thereof shall be satisfied during the next resort season. The ownership of a D-7 permit may be transferred from one permit holder to another. The holder of a D-7 permit may file an application to transfer such permit to a new location within the same resort area, provided that such permit holder shall be the owner or operator of a retail food establishment or a food service operation, required to be licensed under Chapter 3717. of the Revised Code, that operates as a restaurant for purposes of this chapter, at such new location. TYPE OR PRINT PLAINLY ALL QUESTIONS MUST BE ANSWERED SECTION A Applicant (Individual, Corporation, Limited Liability Co., or Partnership) DBA (doing business as) Business Address Township (if outside city or village limits) Telephone: Residence ( Business ( City Zip Code Mailing Address (if different from above) ) ____________________________ ) ____________________________ Attorney's Name County Address Telephone Number ( ) FOR DIVISION USE ONLY Coder: CLASS Taxing District: Trans. Code Permit Number RCPT# REMARKS: Proc. Fee Pd: YES REVIEWER ACTION: NO Bus. Type DLC 4124 EOE/ADA SERVICE PROVIDER BCI Fee Amount Paid: $ __________ Page 1 FOR TTY USERS DIAL ORS 1-800-750-0750 Rev. 9-08 American LegalNet, Inc. www.FormsWorkflow.com 1. In what resort area (as designated by the Liquor Control Commission for the State of Ohio in Ohio Administrative Code 4301:1-1-76), will the business be located? __________________________ 2a. Have you or any partner, office holder, managing member, 5% stockholder or member, spouse, or other person involved in this permit ever been convicted of a felony or misdemeanor, including any alcohol-related offenses? If YES, attach a written explanation. 2b. If applicant is a sole proprietor or partnership, will spouse work on the permit premises? If YES, indicate spouse's full name__________________________________________________ YES NO YES NO YES NO YES NO 5. Do you own the real estate on which the proposed business will be located? If NO, return a completed a signed and dated copy of your LEASE OR RENTAL CONTRACT, OR SUMMARY OF TENANCY RIGHTS form (DLC form 4085). YES NO 6. Will the applicant be the sole owner of the business and equipment? If NO, and the fixtures or equipment are rented, submit signed and dated copy of rental agreement. YES NO 7. Will any person, partnership, LLC, or corporation, excluding banks or building and loan associations, have ANY financial interest (such as money, loans, installment contracts, property or other interest) or share in the profits in your business or your property, real or personal? If YES, attach an affidavit with details. NOTE: Ohio Revised Code Section 4303.293 provides a criminal penalty for YES NO 8. If filing as an individual or partnership, is individual or all partners a U.S. citizen? YES NO 9. Do you or any partner, office holder, managing member, 5% stockholder or member, employee, spouse, or other person involved in this permit own any stock or have any interest in the business of a manufacturer or wholesale distributor of alcoholic beverages? If YES, attach a written explanation. YES NO 3. Do you or any partner, office holder, managing member, 5% stockholder or member, spouse, or other person involved in this permit hold or have any interest in another permit business? If YES, Give permit number & address on the line provided ______________________________________ _______________________________________________________________________________________ 4. Have you or any partner, office holder, managing member, 5% stockholder or member, spouse, or other person involved in this permit ever been refused a permit, denied a renewal, or had a permit revoked from another state, by this Division, or the Liquor Commission? If YES, attach a written explanation. failure to answer this question completely and correctly. DELIBERATE MISREPRESENTATION OF ANY OF THE INFORMATION ON THE APPLICATION CAN RESULT IN THE DIVISION'S REFUSING TO APPROVE THIS APPLICATION. THE FOLLOWING MUST BE COMPLETED BY THE APPLICANT(S): State of Ohio, ______________________________________________________________County, ss I, ____________________________________________________________________ being first duly sworn, according to law, depose and say (Please Print) that the statements and answers made in the foregoing application are true. ___________________________________________________________________________ _____________________ (Signature of Individual, Partner, Officer, Managing Member, or 5% or more Stockholder or Member) _____________________________________ (Residence Address) __________________ _____________ (City) (State) (Title) _______________ (Date) ___________ _______________________ (Zip Code) (Area Code & Telephone Number) (To be completed by Notary Public) Sworn to before me and subscribed in my presence this ______________day of _____________________________________, 20 _____________. ________________________________________ (Notary Public) _______________ (Notary Expiration) NOTE: ALL DOCUMENTS BECOME PART OF THE PERMIT FILE AND WILL NOT BE RETURNED PAGE 2 American LegalNet, Inc. www.FormsWorkflow.com GENERAL INSTRUCTION FOR FILING NEW D-7 RESORT AREA APPLICATION ATTENTION: See list of required documents on the reverse side. CAUTION: ALLOW 6 TO 8 WEEKS FOR PROCESSING TIME 1. Applications for D-7 permits can be accepted only for businesses located within resort areas as designated by the Liquor Control Commission for the State of Ohio in Ohio Administrative Code Section 4301:1-1-76. 2. The fee for this permit is $2,814.00 ($469.00 month/ x 6 months). Payment for the entire season must accompany the application form. The resort season begins on May 1 and ends on October 31 (six months). 3. At least fifty percent (50%) of the business of the permit location must come from the preparation and sale of meals (Ohio Revised Code Section 4303.183). 4. ISSUANCE OF PERMITS IS SUBJECT TO THE WET OR DRY STATUS OF LOCATION, AND MAY BE SUBJECT TO THE EXISTENCE OF AN OPENING UNDER THE QUOTA. 5. Return the application, all fees, and all required documents to: Ohio Department of Commerce Division of Liquor Control 6606 Tussing Road, P.O. Box 4005 Reynoldsburg, Ohio 43068-9005 WARNING: NO permit will be issued until the proposed business is ready for operation and meets Division regulations. ALL CONSTRUCTION OR REMODELING COSTS ARE AT THE APPLICANT'S RISK, AS THE DIVISION CANNOT GUARANTEE THE ISSUANCE OF A PERMIT. Page 3 American LegalNet, Inc. www.FormsWorkflow.com REQUIRED DOCUMENTS FOR ACCEPTANCE OF A D-7 PERMIT APPLICATION Please use the list below to check off all items as you complete them, to submit with the application packet. CAUTION: ALLOW 10 TO 12 WEEKS FOR PROCESSING. FAILURE TO SUBMIT THE FOLLOWING DOCUMENTS MAY RESULT IN THE RETURN OF YOUR APPLICATION, UNRECEIPTED, WITH THE POSSIBLE LOSS OF PRIORITY ON THE QUOTA LIST. Application: Application must be completed in full, all questions answered, signed, and notarized. Application Processing Fee: $100.00 - Check made payable to Division of Liquor Control. Background Check: PLEASE READ "BACKGROUND CHECK INFORMATION" DLC4191 Personal History Background Form: Must be completed in full for each individual for whom a background check (DLC4121) will be performed by the Ohio Bureau of Identification and Investigation (BCI&I) Lease or Tenancy Agreement: Financial Verification: This form (DLC4096) is to be completed in full, attaching supporting documentation if necessary. Copy of Food Service Operator OR Food Establishment License: Rental Agreement: Submit copy of signed and dated lease, tenacy agreement, or may submit DLC Form 4085 "Summary of Tenancy Rights" completed in full. Only if applying for Class A1A, D1, D2, D3, D5, D5A, D5C, D5D, D5F, D5I, D5J, D5K or D7 permit(s). If fixtures and equipment are rented. REQUIRED DOCUMENT TO BE FILED WITH NON PROFIT ENTITIES 4029 Form: To be filed with Governmental or Educational entities, or other non-profit businesses. Form must be completed in full. List the top five officer, including social security numbers. This form must be notarized. REQUIRED DOCUMENTS TO BE FILED WITH CORPORATIONS ONLY 4030 Form (Corporation): Form must be completed in full. List the top five officers, including social security numbers. Indicate all stock holders over 5% including social security numbers. Indicate total shares issued. Must be notarized. Certificate of Good Standing From the Secretary of State: If not incorporated in the State of Ohio, submit a copy of CERTIFICATE OF AUTHORITY TO DO BUSINESS IN OHIO, issued by the Ohio Secretary of State. If corporation is nonprofit, submit a Certificate of CONTINUED EXISTENCE from the Ohio Secretary of State. REQUIRED DOCUMENTS TO BE FILED WITH PARTNERSHIPS 4031 Form (Partnership) Form must be completed in full. Indicate all partners including social security or Tax ID numbers. Limited Partnerships need only indicate general partners. Must be notarized. Partnership Agreement (if general partnership) If name is different from and not including the names of all partners. Must be dated within one year of the filing of this application. Certificate of Fictitious Name from the Secretary of State REQUIRED DOCUMENTS TO BE FILED WITH LIMITED LIABILITY COMPANIES 4032 Form (LLC): Form must be completed in full, indicating all members with 5% or more membership or voting interest, all managing members, and officers, if applicable, including social security numbers. Must be notarized. Certificate of Organization from the Secretary of State Page 4 American LegalNet, Inc. www.FormsWorkflow.com