Location: Ohio. I have a retail liquor permit in Ohio. There is currently a lease for the establishment and purchase agreement in place for the permit—neither give the authorization to operate. The purchaser immediately entered the space and began operating under the permit, even though they were told that a management agreement would need to be signed for operation.
The application for transfer has been filed but the lessee has refused to sign a management agreement stating that they are not required under Ohio law and that the permit transfer authorizes them to be in there operating during the transfer process. I have repeatedly asked that the lessee cease operations until the agreement is signed—the lessee acts like this is coercion, a threat, and interference of business.
The lessee is currently exposing us to liability under admin and law for various activities—including not reporting any sales tax. Additionally, I found out that two different dba entities are operating under the permit in the space, one is the dba on the permit transfer, the other is not.
This has essentially become a hostile takeover of the permit and short of filing a restraining order, eviction, or reporting to DOLC and facing administrative action I am at a loss on what to do. I am unsure if a restraining order or eviction would even be possible. Any advice would be helpful.