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Where are the Outdoor Refreshment Areas?

October 8, 2015 By Ohio Beer Counsel

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On April 30, 2015, Gov. John Kasich approved a new law which permits municipalities and townships with a population greater than 35,000 to create outdoor refreshment areas (“ORA”). Much press surrounded this new law as it was introduced in the Ohio House and signed into law less than three months later, an incredibly fast moving bill. Representatives from the Cincinnati area were pushing for the new law so an ORA could be established in time for the All Star Game on July 14, 2015. Many were intrigued about the possibility of “Bourbon Street” like atmospheres around the State as open container laws are relaxed within an ORA and passengers on a commercial quadricycle can drink (if certain standards are met). What’s not to love about this new law!?

ORA_KCC

Well, five months have passed since creation of the new law and we are not aware of any ORA established in Ohio (not even Cincinnati). Like any law, especially those involving alcohol, the devil is in the details. For starters, an application for an ORA must include the following:

 

  • A map/survey of the proposed ORA in sufficient detail to identify the boundaries, which shall not exceed 320 contiguous acres or one-half mile;

 

  • A general statement of the nature and types of establishments located within the ORA;

 

  • A statement that the proposed ORA will encompass no less than 4 “qualified permit holders” (think breweries, wineries, restaurants and/or night clubs);

 

  • Evidence that uses of land within the ORA are permitted by master zoning plan/map of municipality or township; and

 

  • Proposed requirements for the purpose of ensuring public health and safety within the ORA.

 

After public notice of the application and perhaps a public hearing, the municipality or township determines whether to approve the application. If approved, notice must be given to the Ohio Division of Liquor Control and the Ohio Department of Public Safety of the approval and description of the area provided in the application.

 

The Division of Liquor Control is then required to issue an ORA designation to each qualified permit holder located within the ORA at no cost. However, issuance of an ORA designation is not the end of the process as a municipality or township is also required to adopt an ordinance or resolution which establishes requirements “necessary to ensure public health and safety” within the ORA. Requirements necessary to ensure public health and safety must include all of the following:

 

  1. The specific boundaries of the area, including street addresses;

 

  1. The number, spacing, and type of signage designating the area;

 

  1. The hours of operation for the area;

 

  1. The number of personnel needed to ensure public safety in the area;

 

  1. A sanitation plan that will help maintain the appearance and public health of the area;

 

  1. The number of personnel needed to execute the sanitation plan; and

 

  1. Beer and liquor may only be served in plastic bottles or other plastic containers in the area.

 

The responsibility to comply with public health and safety requirements falls on each qualified permit holder within the ORA. Many of these requirements will result in additional cost and expense to permit holders, municipalities and townships. These additional “burdens” may cause many to question the benefit of an ORA and may be a major roadblock in the creation of any ORA.

 

Municipalities and townships are free to create more requirements than above to ensure public health and safety within the ORA. In fact, the City of Dayton passed a resolution on July 29, 2015 establishing the procedure for the designation of an ORA. While the entire resolution can be found here the City of Dayton’s procedure requires more than above.

 

For instance, petitions for an ORA are submitted to the Department of Planning and Community Development and require petitioners, among other things, to consult with police, fire, public works, neighborhood groups and the Downtown Dayton Partnership before submitting the petition. The ORA Petition Review Committee then makes a recommendation to the City Manager who then determines whether to submit an application to the City Commission for consideration.

 

BeerCounselThe question remains – will any Ohio city or township approve an ORA in the near future? It will require much planning, cooperation and patience. However, the City of Dayton has taken a proactive first-step for the establishment of an ORA. Hopefully it won’t be long before we’re all riding quadricycles!

 

Contact your friendly beer lawyers at www.OhioBeerCounsel.com or (937) 222-2424 with questions.

 

Cheers,

Adam and Kevin

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Filed Under: Dayton Dining, The Featured Articles Tagged With: Adam Armstrong, Kevin Connell, OhioBeerCounsel

About Ohio Beer Counsel

The attorneys of Freund, Freeze & Arnold’s Brewery & Distillery Practice Group are committed to providing Ohio’s breweries and distilleries the legal ingredients to assist with regulatory compliance, risk avoidance/mitigation, litigation and brand protection.

Our years of combined experience handling legal matters in other highly regulated industries and professions, provides us a solid foundation to advise and guide you through the complexities of the TTB and Ohio’s Division of Liquor Control.

You can reach us at our Dayton office at (937) 222-2424 or visit our blog at www.OhioBeerCounsel.com


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9:00 am - 12:00 pm Recurring

Downtown Troy Farmers’ Market

July 13 @ 9:00 am - 12:00 pm Recurring

Downtown Troy Farmers’ Market

Downtown Troy Farmers' Market will run Saturday mornings 9:00 am to 12:00 pm from June 22nd, 2013 through September 21st,...

11:00 am - 3:00 pm

Dayton Summer Wedding Expo

July 13 @ 11:00 am - 3:00 pm

Dayton Summer Wedding Expo

FREE ADMISSION, Reservations Required. Show only vendor discounts and specials Every couple receives a gift card for Free wedding rings....

Free
11:00 am - 6:00 pm

DAYTON MAC N’ CHEESE FEST 2025

July 13 @ 11:00 am - 6:00 pm

DAYTON MAC N’ CHEESE FEST 2025

Join us for a ton of incredible mac n' cheese and more all from some amazing food trucks at The...

Free
12:00 pm - 5:00 pm

Porsche and Packards

July 13 @ 12:00 pm - 5:00 pm

Porsche and Packards

Two great collector car icons meet! America's Packard Museum, for the very first time, is hosting Porsche and Packards sponsored...

Free
12:30 pm - 2:00 pm

Pencils and Prompts: Drawing Basics

July 13 @ 12:30 pm - 2:00 pm

Pencils and Prompts: Drawing Basics

Pencil and Prompts: Drawing Basics Sharpen up your sketching skills with a local artist providing you insights and inspirations into...

$30
1:00 pm - 2:30 pm

Tomato Workshop

July 13 @ 1:00 pm - 2:30 pm

Tomato Workshop

Watering, pruning, staking, pinching and fertilizing are all part of getting the perfect tomato crop. We'll discuss these and more...

$20
+ 7 More
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