Economic Development (TREX) Transfer Form. This is a Ohio form and can be use in Department Of Commerce Statewide.
Tags: Economic Development (TREX) Transfer Form, DLC 4244, Ohio Statewide, Department Of Commerce
Department Of Commerce Division of Liquor Control WHAT IS AN ECONOMIC DEVELOPMENT TRANSFER (TREX)? The Economic Development Transfer ("TREX") was developed through Legislation to try to help those areas of the state that have an over-issuance of permits by TREX transferring them to another area of the state, meeting certain criteria. Therefore, if you are unable to obtain a New Liquor Permit through the Quota System as there are no permits available, or you are unable to do a regular transfer of ownership and location (not a TREX) of a class as there are no-openings or the number of applicants on file exceed the openings available, you have the option of then trying to TREX transfer the ownership and location of someone else's permit to you, as long as you meet the TREX requirements. Before beginning the TREX process, please note the following: The acquisition of someone else's liquor permit must be done pursuant to Ohio Administrative Code 4301:1-1-14. This rule states in part that a transfer must be in conjunction with a bona fide sale of the business or assets of such permit holder. Therefore, you need to be able to pay a purchase price established by the seller. The only quota requirement that must be met in order to TREX Transfer permit classes, is the location where the permit is being transferred to, must NOT have any available permits, or a quota of permits available with applicants on the waiting list exceeding the number of openings. You must be able to obtain approval under Section B of the TREX Form, or attach a letter from the City, Village or Township signed by the Mayor, a City Council member or someone of authority in which you are transferring the permit to that states they acknowledge the transfer will be to an Economic Development Project. You may be required by the Division of Liquor Control, City, Village or Township to provide further documentation to prove this will be an economic development project. If you are able to meet the requirements briefly outlined above, then you are ready to begin the process of trying to find a permit to TREX Transfer. We recommend that you consult private legal counsel before attempting to locate a permit to transfer. The only list of possible permits for sale that the Division of Liquor Control has available is the Division's safekeeping list that can be found on our website at www.com.ohio.gov/liqr. Once you have found a permit, the applicant will complete Section A of DLC Form 4244 TREX Form (page 2 of this document), and request Section B be completed by the Local Legislative Authority indicating their approval to the Economic Development TREX Transfer. The completed TREX form should then be returned to the applicant as they MUST file the TREX form with the appropriate Transfer Application: Transfer of Ownership and/or Location Application (DLC4120), or Transfer of Location ONLY Application (DLC4118) If you have any questions regarding the TREX process, feel free to contact the Transfer Processing Section at 614-644-3156. Revised 5/24/2016 PO Box 4005 6606 Tussing Road Reynoldsburg, OH 43068-9005 U.S.A. Fax 614 | 644 3156 614 | 644 3166 TTY/TDD 800 | 750 0750 An Equal Opportunity Employer and Service Provider www.com.ohio.gov American LegalNet, Inc. www.FormsWorkFlow.com Ohio Department of Commerce - Division of Liquor Control 6606 Tussing Road, P.O. Box 4005 Reynoldsburg, Ohio 43068-9005 http://www.com.ohio.gov/liqr Office hours - 8:00am to 5:00pm For Questions call (614) 644-3156 ECONOMIC DEVELOPMENT (TREX) TRANSFER FORM Ohio Revised Code 4303.29 allows for the transfer of location or the transfer of ownership and location of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from municipal corporation or the unincorporated area of a township to an economic development project located in another municipal corporation or the unincorporated area of another township in which no additional permits of that class may be issued to the applicant under the permit quota. However the transfer may occur only if the applicant notifies the municipal corporation or township to which the location of the permit will be transferred regarding the transfer and the municipal corporation or township acknowledges in Section B of this form OR in writing to the Division of Liquor Control, that the transfer will be to an economic development project. A permit may be transferred to a different owner at the same location, or to the same owner or a different owner at a different location in the same municipal corporation or in the unincorporated area of the same township. NOTE: The statute requires the applicant to provide the endorsement by the municipal corporation or township at the time the application for the transfer is filed with the division, therefore once Section B is completed return this form to the applicant so they may attach this information to their transfer application. Seller(s) -Current Permit Holder - (Individual, Corp., LLC or Partnership) Buyer(s) -Prospective Permit Holder - Name & address Individual, Corporation, LLC or Partnership) a Permit Number: CHECK Class(es) of Permit(s) Being TREX Transferred: C-1 C-2 C-2X D-1 D-2 D-2X D-3 D-3A D-5 D-6 SECTION A: (To be completed by the Applicant) NOTE: Section A is for you to provide information to the local legislative authority (City, Village or Township Office) in which this Economic Development Project (TREX) will be located. In addition to the below information, you may be required to provide a projected earnings statement (brand new business), or a profit and loss statement (existing business), and a copy of building plans/drawings outlining any construction plans. The Division will also use this information to determine if you qualify and meet the criteria outlined under Section 4303.29(B)(2)(b). 1. 2. 3 The total amount invested in this project is $ The total number of jobs that will be created by this economic development project is Existing or Estimated Tax Revenue generated by this project is: (Type or print on the lines provided the type of tax & amount, i.e., Sales Tax, Property Tax, Unemployment Tax, etc.) $ $ $ $ On behalf of the applicant as indicated above I am signing below and certifying that all the information provided with this application is complete and accurate to the best of my knowledge. ___________________________________________________ Print or Type Name ___________________________________________________ Date ______________________________________________ Si