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Redbook LBO Analysis of Executive Budget Proposal — Liquor Control Commission (Ohio, February 2025)

Summary

A Redbook LBO Analysis of Executive Budget Proposal for the Liquor Control Commission, by Terry Steele, Senior Budget Analyst, dated February 2025. The quick look says the Commission consists of three members appointed by the Governor and six full-time staff, and is a quasi-judicial body that hears administrative cases against permit holders for alleged violations of Ohio's liquor laws. It says the executive recommended budget is $1,177,114 in FY 2026 and $1,241,735 in FY 2027. The Commission is funded through a portion of liquor permit fee revenue collected by the state.

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“Redbook LBO Analysis of Executive Budget Proposal — Liquor Control Commission (Ohio, February 2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-02-19-development-submission-liquorcontrolredbook-4551489384/, SHA-256 0fd7d65e0373055658947c0c4911aeec0cb9db9829df9361bb166d2ac1ac48e0.

Full text

                                                          Redbook
LBO Analysis of Executive Budget Proposal

                     Liquor Control Commission

                                   Terry Steele, Senior Budget Analyst
                                             February 2025


                                                  TABLE OF CONTENTS
Quick look... .......................................................................................................................... 1
Agency overview ................................................................................................................... 1
Analysis of FY 2026-FY 2027 budget proposal ......................................................................... 1
Liquor permit revenue distributions ............................................................................................... 2
Enforcement statistics and adjudications ....................................................................................... 3
   Adjudication hearings ................................................................................................................. 3
   Forfeitures .................................................................................................................................. 4
                                    LBO Redbook
              Liquor Control Commission
Quick look...
   The Liquor Control Commission consists of three members appointed by the Governor and six
    full-time staff.
   The Commission is a quasi-judicial body that hears administrative cases against permit holders for
    alleged violations of Ohio’s liquor laws and certain other matters related to these businesses.
    • Typically hears over 2,000 cases annually.
    • Approximately $1.8 million in fine revenue transferred to the GRF over the FY 2023-FY 2024
         period.
   The Commission is funded through a portion of liquor permit fee revenue collected by the state.
    FY 2022           FY 2023          FY 2024          FY 2025           FY 2026           FY 2027
     Actual            Actual           Actual          Estimate        Introduced        Introduced
 Fund 5LP0 ALI 970601, Commission Operating Expenses
     $1,000,890         $999,955        $1,042,399       $1,225,800        $1,177,114       $1,241,735
       % change             -0.1%             4.2%            17.6%             -4.0%             5.5%


Agency overview
        The Liquor Control Commission (LCO) is the rulemaking and adjudication agency that
oversees the alcohol beverage industry in Ohio and ensures compliance with Ohio’s liquor laws and
regulations. LCO works with the Department of Commerce’s Division of Liquor Control, which issues
liquor permits, as well as the Attorney General and Department of Public Safety, which are involved
with investigating and enforcing liquor violations. LCO’s responsibilities include (1) making and
interpreting rules regarding liquor production, sales, and advertising, (2) hearing cases regarding
alleged liquor permit violations, (3) hearing appeals of the Division of Liquor Control decisions on
liquor permit renewals and distribution, and (4) hearing appeals of liquor permit revocations and
nonrenewals based on tax delinquencies. The Commission consists of three members appointed by
the Governor for six-year terms and who, unlike many appointed boards and commissions, are paid
a salary. They are supported by six full-time employees, including the Executive Director.

Analysis of FY 2026-FY 2027 budget proposal
       The executive recommended budget for LCO is $1,177,114 in FY 2026 and $1,241,735 in
FY 2027. Chart 1 below shows that, over the FY 2026-FY 2027 biennium, slightly less than
$2.0 million (81.2%) of the executive budget is for personal services, including commissioner salaries
which are fixed by the Governor’s Office. After payroll, just over $400,000 (16.5%) of the budget
goes toward supplies and maintenance. The remaining amount of approximately $54,000 (2.2%) is
for purchased personal services, including costs for court-reporting services and transcripts, writs

Legislative Budget Office of the Legislative Service Commission                                Page 1
 Redbook                                                                       Liquor Control Commission


served, and witness reimbursements that tend to fluctuate from year to year depending on
Commission caseload.
                                Chart 1: LCO Budget by Expense Category
                                       FY 2026-FY 2027 Biennium




                                                                             Purchased
                                                                          Personal Services
                 Personal Services                                             2.2%
                      81.2%                   Biennial total:
                                               $2.4 million


                                                                          Supplies and
                                                                          Maintenance
                                                                             16.5%




        In FY 2021, the Commission took over the docketing of cases from the Attorney General’s
Office. LCO began the process of implementing this new system during the FY 2024-FY 2025
biennium. The proposed budget provides continuing funding for the development and
implementation of the case management system to accommodate changes in case hearing
processes, with the goal of streamlining case dispositions. The recommended funding also includes
funding for training, data conversion, and the $7,200 annual system license fee. LCO just recently
began using the new system internally for appeals and tax cases, and is working with partner
agencies for the development and implementation of the system for use in citation cases.

Liquor permit revenue distributions
       LCO’s operating expenses are paid from the State Liquor Regulatory Fund (Fund 5LP0), which
receives a portion of liquor permit fee revenue deposited into the Undivided Liquor Permit Fund
(Fund 7066). Overall, $42.9 million in permit fees were collected in FY 2023. That figure increased
to $44.7 million in FY 2024. The table below shows the distribution of permit revenues collected by
Fund 7066. Note that permit fee revenues may not be distributed in the same fiscal year in which
they are collected.
       From Fund 7066, 45% of the revenue is distributed to Fund 5LP0 for use by the Department
of Commerce’s Division of Liquor Control and the Liquor Control Commission. Of the portion
deposited into Fund 5LP0, transfers totaled nearly $5,700 during FY 2023 and FY 2024. Of the
remaining permit revenue deposited into Fund 7066, 35% goes to municipalities and townships and
20% goes to the Department of Behavioral Health (MHA).




Legislative Budget Office of the Legislative Service Commission                                 Page 2
 Redbook                                                                         Liquor Control Commission


        Liquor Permit Distributions from the Undivided Liquor Permit Fund to Receiving Entities

                                   Entity                                   FY 2023        FY 2024

       State Liquor Regulatory Fund (Fund 5LP0)                         $14,811,880      $30,369,557

       Municipalities and Townships                                     $18,166,775      $13,366,315

       Statewide Treatment and Prevention Fund (Fund 4750)               $6,582,469      $14,608,596

                                                              Total     $39,521,164      $58,344,468


Enforcement statistics and adjudications
   Adjudication hearings
       Although the Commission’s goal is to issue decisions within 45 days after the hearing date,
the Commission issues the vast majority of its decisions within two weeks. LCO hears both “citation”
and “noncitation” cases. Citation cases concern dissolute behavior such as illegal gambling, selling
drugs, underage drinking, and other sorts of prohibited activity at permit establishments.
Noncitation cases deal with tax payment deficiencies, overdue or unpaid workers’ compensation
premiums, and unemployment compensation delinquencies among permit holders.
        As Chart 2 below shows, the number of cases returned to, and has exceeded, the
pre-pandemic norm of about 2,000. The liquor license renewal deadline that was extended during
COVID-19 caused a corresponding increase in liquor permit cancelation notices during FY 2022, as
many permit holders failed to renew once the extension ended. The result was an increase in
appeals of those cancelations, as can be seen by the number of “Other” cases in FY 2022. As
establishments reopened and renewed liquor licenses after the pandemic-related lag, the
corresponding number of citation cases rose to pre-pandemic levels. This normalization, coupled
with LCO’s attempts to set cases more quickly, resulted in the increase in caseload seen in FY 2023-
FY 2024. Case activity for the past five fiscal years is shown in Chart 2 below.

                                      Chart 2: Cases Heard by Type, FY 2020-FY 2024
                           1,800
                           1,600
                           1,400
                           1,200
                           1,000
                             800
                             600
                             400
                             200
                               0
                                     FY 2020   FY 2021   FY 2022   FY 2023     FY 2024
                    Citation Cases     724       588       756        1,556     1,673
                    Other Cases        569       331      1,202       770       805
Legislative Budget Office of the Legislative Service Commission                                      Page 3
  Redbook                                                              Liquor Control Commission


     Forfeitures
        The Commission has the authority to revoke licenses or impose cash fines depending on the
circumstances of a case. These fines, referred to as forfeitures, are not retained by the Commission
and are instead deposited into the GRF. Forfeitures collected amounted to approximately $882,500
in FY 2023 and $921,300 in FY 2024. The total amount of forfeitures ordered or collected in any year
depends on the types of cases heard, and also the Commission’s judgment on the frequency and
severity of offenses which are being adjudicated.




LCO/lb


Legislative Budget Office of the Legislative Service Commission                           Page 4


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