(a) The Mayor may file an application with City Council to have property within the City of Lancaster designated as a designated outdoor refreshment area or to expand an existing designated outdoor refreshment area to include additional property within the City, in accordance with ORC §§ 4301.62 and 4301.82. The Mayor or his or her designee shall ensure that the application contains all of the following:
(1) A map or survey of the proposed designated outdoor refreshment area, which shall not exceed three hundred and twenty contiguous acres or one-half square mile, in sufficient detail to identify the boundaries of the area;
(2) A general statement of the nature and types of establishments that will be located within the proposed designated outdoor refreshment area;
(3) A statement that the proposed designated outdoor refreshment area will encompass not fewer than four qualified permit holders;
(4) Evidence that the uses of land within the proposed outdoor refreshment area is in accordance with the master zoning plan or map of the city; and
(5) Proposed requirements for the purpose of ensuring safety within the proposed designated outdoor refreshment area.
(b) Notice and time requirements.
(1) Within forty-five days after the date the application is filed with City Council, City Council shall publish public notice of the application once a week for two consecutive weeks in one newspaper of general circulation in the City of Lancaster or as provided in ORC § 7.16. City Council shall ensure that the notice states that the application is on file in the office of the Clerk of Council and is available for inspection by the public during regular business hours. City Council also shall indicate in the notice the date and time of any public hearing to be held regarding the application by City Council.
(2) Not earlier than thirty but not later than sixty days after the initial publication of notice, City Council shall approve or disapprove the application by ordinance. Approval of an application requires an affirmative vote of a majority of City Council.
(c) Upon approval of the application by City Council, the territory described in the application shall constitute a designated outdoor refreshment area. City Council shall provide to the Ohio division of liquor control notice of the approval of the application and a description of the area specified in the application. If City Council disapproves the application, the Mayor may make changes in the application to secure its approval by City Council.
(d) The number of designated outdoor refreshment areas is limited as provided in ORC § 4301.82 or any successor statute.
(e) As soon as possible after receiving notice that a designated outdoor refreshment area has been approved, the Ohio division of liquor control, for purposes of ORC § 4301.62, shall issue a designated outdoor refreshment area designation to each qualified permit holder located within the refreshment area that is in compliance with all applicable requirements under ORC Chapters 4301 and 4303. The division shall not charge any fee for the issuance of the designation. Any permit holder that receives such a designation shall comply with all laws, rules, and regulations that govern its license type and, if applicable, any safety requirements established for the designated outdoor refreshment area under division (f) of this section.
(f) Safety requirements and modification of existing designated outdoor refreshment areas.
(1) At the time of the creation of a designated outdoor refreshment area or any time thereafter, City Council may adopt an ordinance that establishes requirements City Council determines necessary to ensure safety within the area. City Council may, but is not required to, include in the ordinance any safety requirements proposed in an application under division (a) of this section to designate or expand the designated outdoor refreshment area. City Council may subsequently modify the safety requirements as it determines necessary.
(2) Prior to adopting an ordinance under this subsection, City Council shall give notice of its proposed action by publication once a week for two consecutive weeks in one newspaper of general circulation in the City of Lancaster or as provided in ORC § 7.16.
(3) City Council shall provide to the division of liquor control notice of any safety requirements established or modified under this subsection.
(g) ORC § 4399.18 applies to a liquor permit holder located within an outdoor refreshment area in the same manner as if the liquor permit holder were not located in a designated outdoor refreshment area.
(Ord. 18-21. Passed 6-14-21.)