Council discusses Sheetz D-1 liquor permit; city may seek hearing

Canal Winchester City Council on Sept. 15 discussed a notice from the Ohio Division of Liquor Control that a Sheetz location in Franklin applied for a D-1 liquor permit. Council asked staff and legal counsel about the grounds for objecting and whether the city should request a hearing.

Law Director Thad Boggs advised that objections to a permit may be sustained by the Division of Liquor Control only on limited statutory bases, including conviction records related to alcohol enforcement, an unfavorable enforcement record by the applicant, neighborhood saturation harming public welfare, or that the location would substantially and adversely interfere with public decency or the orderly conduct of a public institution. “Those are the bases on which if you requested a hearing, the hearing officer would be looking to see if the city could marshal evidence sustaining that objection,” Boggs said.

Council members asked for clarification about the intended scope of the permit. Development Director Lucas Hare said the permit materials did not identify a fenced patio and that a D-1 permit typically indicates on-premise consumption of malt beverages in an interior, contained area; if an exterior patio were added later, it would require a development plan amendment. A council member asked whether the D-1 could allow customers to carry beer into the parking lot; staff said the permit as submitted appeared interior-only because no patio was specified.

Sergeant Strong of the Fairfield County Sheriff's Office told council officers respond frequently to the Sheetz location for thefts of alcohol and some vehicle theft incidents. The sergeant said the department is regularly called to that site and noted enforcement activity there.

Council discussed possible next steps: asking Sheetz representatives to appear at the Oct. 6 council meeting to explain their plans, having staff gather contact information from the permit notice, and having the sheriff's office and counsel review local calls/enforcement history to determine whether statutory grounds for objection exist. Boggs said if council wished to object formally, it could request a hearing before a Division of Liquor Control hearing officer; that hearing would require the city to present evidence under the narrow statutory standards.

No formal objection was filed at the Sept. 15 meeting; staff and counsel were asked to follow up and return information to council ahead of the permit response deadline.

Notes: The city clerk read that the permit was for a D-1 license; staff discussed that Sheetz recently received a D-1 in Grandview Heights for malt-based drinks and that local contexts vary. Council asked staff to obtain contact information and to coordinate with the sheriff on enforcement records for possible use in any hearing request.