Representative Upchurch introduced House Bill 465 in the 136th General Assembly to change renewal deadlines and procedures for liquor, cigarette and vapor-product licenses across Ohio.
The bill would amend sections 4303.271, 5743.15 and 5743.61 of the Ohio Revised Code to require that, when a renewal application meets statutory requirements and no valid objection or delinquency exists, the Division of Liquor Control, the tax commissioner or a county auditor issue renewals within forty-eight hours of filing.
H.B. 465 targets several permit and license categories. For liquor permits governed by Chapter 4303, the bill preserves existing objection and hearing rights for municipal, township and county legislative authorities but adds an explicit forty-eight-hour renewal timeline when there are no objections. The bill directs the tax commissioner to annually examine Department of Taxation records to identify permit holders who are delinquent in returns or payments for specified taxes and to notify the Division of Liquor Control of any delinquencies; the Division would withhold renewal until the tax issues are resolved or appealed. The bill also authorizes conditional renewals if the tax commissioner determines a delinquency has been conditionally resolved and allows the liquor control commission to suspend a permit for default on the conditional agreement.
For cigarette licenses under section 5743.15, H.B. 465 requires county auditors to issue retail cigarette-license renewals within forty-eight hours after a renewal application that meets requirements is filed. The bill sets annual application timing (on or before June 1) and specifies application fees and distributions: a $125 base retail application fee per physical place (pro-rated if filed after June 1), a $1,000 wholesale application fee per place, and formulas for distributing retail fees (30% to municipal/township treasury, 10% to county general fund, 60% to the cigarette tax enforcement fund). It also creates and sets rules for the cigarette tax enforcement fund and ties license issuance to the tax commissioner's awareness of outstanding returns or payments.
For distributors and vapor distributors under section 5743.61, the bill requires annual applications on or before Feb. 1 and sets application fees of $1,000 per place for distributors of tobacco products and vapor products, and $125 per place for licenses solely for vapor products. It directs the tax commissioner to verify filing and payment compliance before issuing or renewing licenses and requires renewals to be issued within forty-eight hours when all requirements are met. The bill allows a distributor license to be suspended for failure to file required forms or pay taxes for specified consecutive periods and provides penalties for unlicensed activity.
H.B. 465 preserves existing appeal processes: a permit or license holder notified of delinquency may protest or appeal to the liquor control commission or otherwise seek resolution through the tax commissioner; conditional renewals and reinstatements are described in the bill text. The measure also gives the tax commissioner and other agencies authority to adopt rules and includes multiple administrative provisions about duplicate licenses, license transfers, reduced fees for partial-year licensing, and enforcement remedies.
The bill text ends with a repeal clause stating that existing versions of sections 4303.271, 5743.15 and 5743.61 would be repealed if H.B. 465 is enacted. The document as provided is an introduced bill; it does not record committee referral, floor action, votes or enactment.
If enacted, H.B. 465 would change timelines and administrative duties for state and county officials involved in licensing and tax enforcement and would affect retailers, wholesalers, distributors, manufacturers and other permit holders statewide.