As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. S. B. No. 85 5
1997-1998 6
SENATORS OELSLAGER-SCHAFRATH-KEARNS-WATTS-CUPP-CARNES-LATTA- 8
GARDNER-GAETH 9
11
A B I L L
To amend sections 4301.62, 4511.762, and 5515.07 and 14
to enact section 5501.451 of the Revised Code to
correct an inadvertent omission from Sub. H.B. 15
210 of the 122nd General Assembly, as it was 16
reported by the Senate Highways & Transportation 17
Committee, of certain amendments adopted by the 18
Committee but not included in the bill when it
was assembled for the Committee report, including 19
a requirement for the district deputy directors 20
of the Department of Transportation to maintain a 21
coffee break program, an exception to the
prohibition against possession of an open 22
container granted to an F liquor permit holder 23
during an outdoor music festival, a requirement
for the Department to continue a program to lease 24
unneeded state property for billboards, and 26
allowing a church bus to be painted yellow if it 27
previously was registered as a school bus and 28
meets other requirements, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 4301.62, 4511.762, and 5515.07 be 33
amended and section 5501.451 of the Revised Code be enacted to 34
read as follows:
Sec. 4301.62. (A) As used in this section: 44
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(1) "Chauffered CHAUFFEURED limousine" means a vehicle 46
registered under section 4503.24 of the Revised Code. 47
(2) "Street," "highway," and "motor vehicle" have the same 49
meanings as in section 4511.01 of the Revised Code. 50
(B) No person shall have in his THE PERSON'S possession an 52
opened container of beer or intoxicating liquor in any of the 53
following circumstances: 54
(1) In a state liquor store; 56
(2) On EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 58
ON the premises of the holder of any permit issued by the 60
division of liquor control;
(3) In any other public place; 62
(4) Except as provided in division (D) of this section, 64
while operating or being a passenger in or on a motor vehicle on 66
any street, highway, or other public or private property open to 67
the public for purposes of vehicular travel or parking; 68
(5) Except as provided in division (D) of this section, 70
while being in or on a stationary motor vehicle on any street, 71
highway, or other public or private property open to the public 72
for purposes of vehicular travel or parking.
(C) This section does not apply to A PERSON MAY HAVE IN 74
THE PERSON'S POSSESSION AN OPENED CONTAINER OF beer or 75
intoxicating liquor which THAT has been lawfully purchased for 76
consumption on the premises where bought of a holder of an A-1-A, 77
A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, 78
D-5e, D-5f, D-5g, D-5h, D-5i, D-7, E, F, or F-2 permit, or to 79
beer or intoxicating liquor consumed on the premises of a 80
convention facility as provided in section 4303.201 of the 81
Revised Code.
A PERSON MAY HAVE IN THE PERSON'S POSSESSION ON AN F LIQUOR 84
PERMIT PREMISES AN OPENED CONTAINER OF BEER OR INTOXICATING 85
LIQUOR THAT WAS NOT PURCHASED FROM THE HOLDER OF THE F PERMIT IF 87
THE PREMISES FOR WHICH THE F PERMIT IS ISSUED IS A MUSIC FESTIVAL 89
AND THE HOLDER OF THE F PERMIT GRANTS PERMISSION FOR SUCH 91
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POSSESSION ON THE PREMISES DURING THE PERIOD FOR WHICH THE F 92
PERMIT IS ISSUED. AS USED IN THIS DIVISION, "MUSIC FESTIVAL" 93
MEANS A SERIES OF OUTDOOR LIVE MUSICAL PERFORMANCES, EXTENDING 94
FOR A PERIOD OF AT LEAST THREE CONSECUTIVE DAYS AND LOCATED ON AN 95
AREA OF LAND OF AT LEAST FORTY ACRES. 96
(D) This section does not apply to a person who pays all 98
or a portion of the fee imposed for the use of a chauffeured 100
limousine pursuant to a prearranged contract, or the guest of
such a person, when all of the following apply: 101
(1) The person or guest is a passenger in the limousine; 103
(2) The person or guest is located in the limousine, but is 105
not occupying a seat in the front compartment of the limousine 106
where the operator of the limousine is located; 107
(3) The limousine is located on any street, highway, or 109
other public or private property open to the public for purposes 110
of vehicular travel or parking. 111
Sec. 4511.762. No (A) EXCEPT AS PROVIDED IN DIVISION (B) 121
OF THIS SECTION, NO person who is the owner of a BUS THAT
PREVIOUSLY WAS REGISTERED AS A school bus which THAT is used or 123
is to be used exclusively for purposes other than the 124
transportation of children, shall operate such THE bus or permit 125
it to be operated within this state unless such THE bus has been 127
painted a color different from that prescribed for school busses 128
BUSES by section 4511.77 of the Revised Code and painted in such 129
a way that the letters WORDS "stop" and "school bus" are 130
obliterated.
(B) ANY CHURCH BUS THAT PREVIOUSLY WAS REGISTERED AS A 132
SCHOOL BUS AND IS REGISTERED UNDER SECTION 4503.07 OF THE REVISED 134
CODE MAY RETAIN THE PAINT COLOR PRESCRIBED FOR SCHOOL BUSES BY 135
SECTION 4511.77 OF THE REVISED CODE IF THE BUS COMPLIES WITH ALL 137
OF THE FOLLOWING: 138
(1) THE WORDS "SCHOOL BUS" REQUIRED BY SECTION 4511.77 OF 140
THE REVISED CODE ARE COVERED OR OBLITERATED AND THE BUS IS MARKED 142
ON THE FRONT AND REAR WITH THE WORDS "CHURCH BUS" PAINTED IN 143
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BLACK LETTERING NOT LESS THAN TEN INCHES IN HEIGHT; 144
(2) THE AUTOMATICALLY EXTENDED STOP WARNING SIGN REQUIRED 146
BY SECTION 4511.75 OF THE REVISED CODE IS REMOVED AND THE WORD 148
"STOP" REQUIRED BY SECTION 4511.77 OF THE REVISED CODE IS COVERED 150
OR OBLITERATED;
(3) THE FLASHING RED AND AMBER LIGHTS REQUIRED BY SECTION 152
4511.771 OF THE REVISED CODE ARE COVERED OR REMOVED; 154
(4) THE INSPECTION DECAL REQUIRED BY SECTION 4511.761 OF 156
THE REVISED CODE IS COVERED OR REMOVED; 158
(5) THE IDENTIFICATION NUMBER ASSIGNED UNDER SECTION 160
4511.764 OF THE REVISED CODE AND MARKED IN BLACK LETTERING ON THE 162
FRONT AND REAR OF THE BUS IS COVERED AND REMOVED. 163
Sec. 5501.451. IN ACCORDANCE WITH SECTION 5501.45 OF THE 165
REVISED CODE, THE DIRECTOR OF TRANSPORTATION SHALL IMPLEMENT A 167
PROGRAM ALLOWING, BY LEASE OR PERMIT, THE USE OF LANDS OWNED BY 168
THE STATE AND ACQUIRED OR USED FOR THE STATE HIGHWAY SYSTEM OR 169
FOR HIGHWAYS OR IN CONNECTION WITH HIGHWAYS OR AS INCIDENTAL TO 170
THE ACQUISITION OF LAND FOR HIGHWAYS BY PERSONS ERECTING 171
ADVERTISING DEVICES ON THE PROPERTY. THE PROGRAM SHALL BE 172
OPERATED IN ACCORDANCE WITH GUIDELINES IN EFFECT ON JANUARY 1, 173
1996.
NOTHING IN THIS SECTION SHALL PROHIBIT OR RESTRICT THE 175
DIRECTOR FROM DETERMINING THAT PROPERTY ON WHICH AN ADVERTISING 176
DEVICE IS LOCATED HAS BECOME NECESSARY FOR STATE HIGHWAY OR 177
RECREATION PURPOSES AND TERMINATING A LEASE OR PERMIT. NOTHING 178
IN THIS SECTION SHALL REQUIRE THE DIRECTOR TO MAINTAIN A LEASE OR 180
PERMIT AT A SPECIFIC LOCATION OR PROHIBIT THE DIRECTOR FROM
MODIFYING THE TERMS OF A SPECIFIC LEASE OR PERMIT. 181
AS USED IN THIS SECTION "ADVERTISING DEVICE" HAS THE SAME 183
MEANING AS IN SECTION 5516.01 OF THE REVISED CODE. 184
Sec. 5515.07. (A) The director of transportation, in 193
accordance with Chapter 119. of the Revised Code, shall adopt 194
rules consistent with the safety of the traveling public and 195
consistent with the national policy to govern the use and control 196
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of rest areas within the limits of the right-of-way of interstate 197
highways and other state highways and in other areas within the 198
limits of the right-of-way of interstate highways. 199
(B) Except as provided in division (C) of this section, no 201
person shall engage in selling or offering for sale or exhibiting 202
for purposes of sale, goods, products, merchandise, or services 203
within the bounds of rest areas within the limits of the 204
right-of-way of interstate highways and other state highways, or 205
in other areas within the limits of the right-of-way of 206
interstate highways, unless the director issues a permit in 207
accordance with section 5515.01 of the Revised Code. 208
NOTWITHSTANDING ANY RULES ADOPTED BY THE DIRECTOR TO THE CONTRARY 209
OR ANY OTHER POLICY CHANGES PROPOSED BY THE DIRECTOR, EACH 210
DISTRICT DEPUTY DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION 212
SHALL CONTINUE TO IMPLEMENT ANY PROGRAM ALLOWING ORGANIZATIONS TO 213
DISPENSE FREE COFFEE OR SIMILAR ITEMS AFTER OBTAINING A PERMIT 215
THAT OPERATED WITHIN THE DISTRICT PRIOR TO JANUARY 1, 1997. EACH 216
DISTRICT DEPUTY DIRECTOR SHALL OPERATE SUCH PROGRAM WITHIN THE 217
DISTRICT IN THE SAME MANNER AS THE PROGRAM WAS OPERATED PRIOR TO 218
THAT DATE.
(C) In accordance with rules adopted under division (A) of 220
this section, the director may cause vending machines to be 221
placed within each rest area that is able to accommodate the 222
machines. The vending machines shall dispense food, drink, and 223
other appropriate articles. 224
(D) This section does not apply to the sale of goods, 226
products, merchandise, or services required for the emergency 227
repair of motor vehicles or emergency medical treatment. 228
Section 2. That existing sections 4301.62, 4511.762, and 231
5515.07 of the Revised Code are hereby repealed.
Section 3. Section 4301.62 of the Revised Code is amended 234
by this act and also by Am. Sub. S.B. 162 of the 121st General 235
Assembly (effective July 1, 1997). The amendments of Am. Sub. 236
S.B. 162 are included in this act in lower case to confirm the 237
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intention to retain them, but are not intended to be effective 238
until July 1, 1997.
Section 4. This act is hereby declared to be an emergency 240
measure necessary for the immediate preservation of the public 241
peace, health, and safety. The reason for such necessity is that 243
the complete restoration of the amendments that were
inadvertently omitted from Am. Sub. H.B. 210 of the 122nd General 245
Assembly requires the greatest possible coordination of
respective effective dates between the two bills, and to 246
recognize the intended emergency nature of Sub. H.B. 210. 247
Therefore, this act shall go into immediate effect. 248