Sm Am Inc. v. Liquor Control Comm., Unpublished Decision (5-22-2001)

OPINION

On January 26, 1999, SM AM, Inc. ("SM AM") filed an application for a new class C-1 liquor permit with the Ohio Department of Commerce, Division of Liquor Control ("division"). SM AM owns a Marathon gas station in Cleveland, Ohio and sought the C-1 permit in order to sell carry-out beer at the gas station. The Cleveland City Council filed an objection to issuance of the permit. After a hearing, the hearing officer recommended that the objection be sustained.

On June 17, 1999, the division rejected SM AM's application for a C-1 permit pursuant to R.C. 4303.292(A)(2)(c) and (B)(2). SM AM…