May State Suspend Liquor Permit For Worker Felony When Worker Fired Prior To Conviction?
WCI, Inc., d.b.a. Cheeks v. Ohio Liquor Control Commission, Case no. 2006-1360 10 th District Court of Appeals (Franklin County) ISSUE: Is the Ohio Liquor Control Commission authorized to suspend the liquor license of a permit-holder on the basis that one of its employee was convicted of a felony for selling drugs on the permit-holder’s premises while she was employed there, despite the fact that the employee was no longer employed by the permit-holder on the date of her conviction? BACKGROUND: A provision of Ohio’s state liquor laws, R.C. 4301.25(A), allows the Ohio Liquor Control Commission (OLCC) to “suspend or revoke any permit” to sell liquor for “(c)onviction of the holder or the holder’s agent or employee… for a felony.” In this case the commission imposed a 30-day suspension of the liquor permit held by WCI, Inc., the operator of a Dayton-area “gentleman’s club” known as Cheeks. The basis for that suspension was the felony conviction of Brooke Orshoski, a dancer at the club,
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