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Permanent Versus Temporary Expansions

Temporary Expansions at Your Liquor Permit Premises

A temporary expansion is NOT the same as a permanent expansion.

  • Permanent Expansions
  • A permanent expansion, pursuant to Ohio Admin 4301-1-02, requires:
    • A REQUEST be made to us; and
    • An inspection by our compliance agent to determine if the above rule requirements are met.
  • If the expanded area is approved, it will be
    • included in the official permit description; and
    • listed on the liquor permit.
  • For example, if a patio is permanently added to a permit premises, then “& Patio” will be included in the permit premises description and added to the address listed on the permit (i.e. 123 Main Street & Patio).
  • Temporary Expansions
  • A temporary expansion is just that, temporary.
  • It is not included in the liquor permit premises description.
  • We do not review or approve such expansions.
  • By law, all temporary expansions expire December 31, 2023.
  • See HB 669, pages 5-6, for more information regarding temporary expansions.
  • We are unable to offer legal advice regarding what HB 669, or the changes made in SB 102, means as applied to your situation. The below summary is offered as a guide and should not be considered legal advice.

Only a qualified permit holder can temporarily expand its liquor permit premises.

  • A qualified permit holder can expand its liquor permit premises to certain outdoor areas for on-premises consumption purposes without our approval.
  • A “qualified permit holder” is a business or person that holds an issued A-1, A-1-A, A-1c, A-2, A-2f, or a D (except a D-6 or D-8) class permit.

There are 3 areas where the premises can be temporarily expanded.

  • The outdoor areas where a temporary expansion can occur are:
  1. “any area of the qualified permit holder’s property in which sales are not currently authorized and that is outdoors, including the qualified permit holder’s parking area;”
  2. “any outdoor area of public property that is immediately adjacent to the qualified permit holder’s premises…;” or
  3. “any outdoor area of private property that is immediately adjacent to the qualified permit holder’s premises…”
  • In all three instances above,
  • the expanded area must be outdoors;
  • a permit holder must clearly identify the expanded area where personal consumers may consume the alcoholic beverages;
  • the permit holder's employees must be serving the alcohol in the expanded area; and
  • the permit holder must notify us and the Department of Public Safety Investigative Unit of the area where it intends to expand its permit premises and sell alcoholic beverages at least ten (10) days before the expanded sales start.
    • Permit holders can notify us and Public Safety by emailing notifydolc@com.ohio.gov. Please include your permit number, where you are expanding to (i.e., parking lot), and the start and end date for when the expanded sales will occur in your notification.

 

  • In option 2 or 3 above,
    • written consent must be obtained from either the specified local government official, if the expanded area is on public property, or the real property owner/landlord if the expanded area will be on private property; and
    • the expanded area must be immediately adjacent to the qualified permit holder’s premises.