Lincoln Heights council objects to liquor‑permit renewal and adopts settlement resolution in unanimous votes
April 23, 2024 | Lincoln Heights Village, Hamilton County, Ohio
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The Village of Lincoln Heights council voted unanimously April 22 on two time‑sensitive resolutions and an objection concerning a liquor‑permit transfer.
Resolution 2024‑R‑32, read by title, objects to the renewal of a liquor permit for Group 3 Enterprises LLC doing business as Gallo Express. The council moved to suspend the three‑reading requirement, passed the resolution by roll call (5–0) and adopted an emergency clause (5–0). Following the vote, Village Solicitor Deepak Desai explained the administrative process: the resolution and a cover letter from the legal officer will be sent to the Ohio Department of Commerce, Division of Liquor Control (he said this should be done by May 2), which will forward the matter to the Ohio Liquor Commission to schedule a hearing and provide notice to the parties.
Separately, the council moved to add Resolution 2024‑R‑33 (approving a settlement agreement and administrative appeal action) to the agenda, suspended the three‑reading rule, received passage by roll call and adopted the emergency clause; recorded votes on these steps were unanimous (5–0).
Clerk reported a separate notification received April 16 from the Ohio Department of Commerce, Division of Liquor Control indicating an application to transfer a liquor permit from IMC Investments LLC d/b/a Yellow Express to Group 3 Enterprises LLC d/b/a Yellow Express and that the deadline for objections to that transfer is May 13. The council voted 5–0 to object to the transfer and directed staff to notify the Division of Liquor Control.
Solicitor Desai summarized the expected administrative sequence and said, according to his review of the Ohio Revised Code, he believed there were sufficient legal grounds to request a hearing before the state commission. The council took no further public testimony on the matter during the meeting.
Next steps: staff/legal will submit the objection materials to the Division of Liquor Control per counsel's instructions and prepare for any administrative hearing.
Resolution 2024‑R‑32, read by title, objects to the renewal of a liquor permit for Group 3 Enterprises LLC doing business as Gallo Express. The council moved to suspend the three‑reading requirement, passed the resolution by roll call (5–0) and adopted an emergency clause (5–0). Following the vote, Village Solicitor Deepak Desai explained the administrative process: the resolution and a cover letter from the legal officer will be sent to the Ohio Department of Commerce, Division of Liquor Control (he said this should be done by May 2), which will forward the matter to the Ohio Liquor Commission to schedule a hearing and provide notice to the parties.
Separately, the council moved to add Resolution 2024‑R‑33 (approving a settlement agreement and administrative appeal action) to the agenda, suspended the three‑reading rule, received passage by roll call and adopted the emergency clause; recorded votes on these steps were unanimous (5–0).
Clerk reported a separate notification received April 16 from the Ohio Department of Commerce, Division of Liquor Control indicating an application to transfer a liquor permit from IMC Investments LLC d/b/a Yellow Express to Group 3 Enterprises LLC d/b/a Yellow Express and that the deadline for objections to that transfer is May 13. The council voted 5–0 to object to the transfer and directed staff to notify the Division of Liquor Control.
Solicitor Desai summarized the expected administrative sequence and said, according to his review of the Ohio Revised Code, he believed there were sufficient legal grounds to request a hearing before the state commission. The council took no further public testimony on the matter during the meeting.
Next steps: staff/legal will submit the objection materials to the Division of Liquor Control per counsel's instructions and prepare for any administrative hearing.
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