As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                              S. B. No. 200      5            

      1999-2000                                                    6            


                       SENATOR ARMBRUSTER                          8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 4301.639, 5733.98, and 5747.98 and  11           

                to enact sections 2927.021, 2927.022, 4301.61,     12           

                4301.611, 5733.50, and 5747.38 of the Revised      13           

                Code to grant liquor permit holders and sellers    14           

                of tobacco products, and their agents and                       

                employees, an affirmative defense against a        16           

                charge of selling cigarettes, other tobacco                     

                products, beer, intoxicating liquor, or            17           

                low-alcohol beverages to an underage person if a   18           

                transaction scan of the purchaser's driver's or                 

                commercial driver's license or Ohio                20           

                identification card indicates it is valid; to                   

                restrict the use of the information obtained       21           

                through a transaction scan; to require the         22           

                Registrar of Motor Vehicles to adopt rules                      

                relating to the use of transaction scan devices;   23           

                and to grant a credit against the corporate        24           

                franchise or personal income tax for the purchase  25           

                or lease of a transaction scan device.                          




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That sections 4301.639, 5733.98, and 5747.98 be  29           

amended and sections 2927.021, 2927.022, 4301.61, 4301.611,        30           

5733.50, and 5747.38 of the Revised Code be enacted to read as     31           

follows:                                                                        

      Sec. 2927.021.  (A)  AS USED IN THIS SECTION AND SECTION     33           

2927.022 OF THE REVISED CODE:                                      34           

                                                          2      


                                                                 
      (1)  "CARD HOLDER" MEANS ANY PERSON WHO PRESENTS A DRIVER'S  36           

OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD TO A      37           

SELLER OR AN AGENT OR EMPLOYEE OF A SELLER AS A CONDITION FOR      38           

PURCHASING, RECEIVING A GIFT OF, OR OTHERWISE BEING DISTRIBUTED    39           

CIGARETTES OR OTHER TOBACCO PRODUCTS FROM THE SELLER, AGENT, OR    40           

EMPLOYEE.                                                                       

      (2)  "IDENTIFICATION CARD" MEANS AN IDENTIFICATION CARD      42           

ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE.      43           

      (3)  "SELLER" MEANS A SELLER OF CIGARETTES OR OTHER TOBACCO  45           

PRODUCTS AND INCLUDES ANY PERSON WHOSE GIFT OF OR OTHER            46           

DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS IS SUBJECT    47           

TO THE PROHIBITIONS OF SECTION 2927.02 OF THE REVISED CODE.        48           

      (4)  "TRANSACTION SCAN" MEANS THE PROCESS BY WHICH A SELLER  50           

OR AN AGENT OR EMPLOYEE OF A SELLER CHECKS, BY MEANS OF A          51           

TRANSACTION SCAN DEVICE, THE VALIDITY OF A DRIVER'S OR COMMERCIAL  52           

DRIVER'S LICENSE OR OF AN IDENTIFICATION CARD THAT IS PRESENTED    53           

AS A CONDITION FOR PURCHASING, RECEIVING A GIFT OF, OR OTHERWISE   54           

BEING DISTRIBUTED CIGARETTES OR OTHER TOBACCO PRODUCTS.            55           

      (5)  "TRANSACTION SCAN DEVICE" MEANS ANY COMMERCIAL DEVICE   57           

OR COMBINATION OF DEVICES USED AT A POINT OF SALE OR ENTRY THAT    58           

IS CAPABLE OF DECIPHERING IN AN ELECTRONICALLY READABLE FORMAT     59           

THE INFORMATION ENCODED ON THE MAGNETIC STRIP OR BAR CODE OF A     60           

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION       61           

CARD.                                                                           

      (B)(1)(a)  A SELLER OR AN AGENT OR EMPLOYEE OF A SELLER MAY  64           

PERFORM A TRANSACTION SCAN BY MEANS OF A TRANSACTION SCAN DEVICE   65           

TO CHECK THE VALIDITY OF A DRIVER'S OR COMMERCIAL DRIVER'S         66           

LICENSE OR IDENTIFICATION CARD PRESENTED BY A CARD HOLDER AS A     67           

CONDITION FOR SELLING, GIVING AWAY, OR OTHERWISE DISTRIBUTING      68           

CIGARETTES OR OTHER TOBACCO PRODUCTS TO THE CARD HOLDER.           70           

      (b)  IF THE INFORMATION DECIPHERED BY THE TRANSACTION SCAN   72           

PERFORMED UNDER DIVISION (B)(1)(a) OF THIS SECTION FAILS TO MATCH  75           

THE INFORMATION PRINTED ON THE DRIVER'S OR COMMERCIAL DRIVER'S                  

LICENSE OR IDENTIFICATION CARD PRESENTED BY THE CARD HOLDER, OR    77           

                                                          3      


                                                                 
IF THE TRANSACTION SCAN INDICATES THAT THE INFORMATION SO PRINTED  78           

IS FALSE OR FRAUDULENT, NEITHER THE SELLER NOR ANY AGENT OR        79           

EMPLOYEE OF THE SELLER SHALL SELL, GIVE AWAY, OR OTHERWISE                      

DISTRIBUTE ANY CIGARETTES OR OTHER TOBACCO PRODUCTS TO THE CARD    81           

HOLDER.                                                                         

      (2)  DIVISION (B)(1)(a) OF THIS SECTION DOES NOT PRECLUDE A  84           

SELLER OR AN AGENT OR EMPLOYEE OF A SELLER FROM USING A SCANNING   86           

DEVICE TO CHECK THE VALIDITY OF A DOCUMENT OTHER THAN A DRIVER'S   87           

OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD, IF THE   88           

DOCUMENT INCLUDES A BAR CODE OR MAGNETIC STRIP THAT MAY BE         89           

SCANNED BY THE SCANNING DEVICE, AS A CONDITION FOR SELLING,        90           

GIVING AWAY, OR OTHERWISE DISTRIBUTING CIGARETTES OR OTHER                      

TOBACCO PRODUCTS TO THE PERSON PRESENTING THE DOCUMENT.            91           

      (C)  THE RULES THAT THE REGISTRAR OF MOTOR VEHICLES ADOPTS   93           

UNDER DIVISION (C) OF SECTION 4301.61 OF THE REVISED CODE APPLY    95           

TO THE USE OF TRANSACTION SCAN DEVICES FOR PURPOSES OF THIS        96           

SECTION AND SECTION 2927.022 OF THE REVISED CODE.                  98           

      (D)(1)  NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL     100          

ELECTRONICALLY OR MECHANICALLY RECORD OR MAINTAIN ANY INFORMATION  101          

DERIVED FROM A TRANSACTION SCAN EXCEPT THE FOLLOWING:              103          

      (a)  THE NAME AND DATE OF BIRTH OF THE PERSON LISTED ON THE  105          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     106          

PRESENTED BY A CARD HOLDER;                                        107          

      (b)  THE EXPIRATION DATE AND IDENTIFICATION NUMBER OF THE    109          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     110          

PRESENTED BY A CARD HOLDER.                                        111          

      (2)  NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL USE    113          

THE INFORMATION THAT IS DERIVED FROM A TRANSACTION SCAN OR THAT    114          

IS PERMITTED TO BE RECORDED AND MAINTAINED UNDER DIVISION (D)(1)   115          

OF THIS SECTION EXCEPT FOR PURPOSES OF SECTION 2927.022 OF THE     116          

REVISED CODE.                                                      117          

      (3)  NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL USE A  119          

TRANSACTION SCAN DEVICE FOR A PURPOSE OTHER THAN THE PURPOSE       120          

SPECIFIED IN DIVISION (B)(1)(a) OF THIS SECTION.                   121          

                                                          4      


                                                                 
      (4)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF      123          

THIS SECTION, NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL     124          

SELL OR OTHERWISE DISSEMINATE THE INFORMATION DERIVED FROM A       125          

TRANSACTION SCAN TO ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED    126          

TO, SELLING OR OTHERWISE DISSEMINATING THAT INFORMATION FOR ANY    127          

MARKETING, ADVERTISING, OR PROMOTIONAL ACTIVITIES.  A SELLER OR    128          

AGENT OR EMPLOYEE OF A SELLER MAY RELEASE THAT INFORMATION         129          

PURSUANT TO A COURT ORDER OR AS SPECIFICALLY AUTHORIZED BY         130          

SECTION 2927.022 OR ANOTHER SECTION OF THE REVISED CODE.                        

      (E)  WHOEVER VIOLATES DIVISION (B)(1)(b) OR (D) OF THIS      133          

SECTION IS GUILTY OF ENGAGING IN ILLEGAL TOBACCO-RELATED           134          

TRANSACTION SCAN ACTIVITY, AND THE COURT MAY IMPOSE UPON THE       135          

OFFENDER A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS FOR EACH    136          

VIOLATION.  THE CLERK OF THE COURT SHALL PAY EACH COLLECTED CIVIL  137          

PENALTY TO THE COUNTY TREASURER FOR DEPOSIT INTO THE COUNTY                     

TREASURY.                                                          138          

      Sec. 2927.022.  (A)  A SELLER OR AN AGENT OR EMPLOYEE OF A   140          

SELLER MAY NOT BE FOUND GUILTY OF A CHARGE OF A VIOLATION OF       142          

SECTION 2927.02 OF THE REVISED CODE IN WHICH THE AGE OF THE        145          

PURCHASER OR OTHER RECIPIENT OF CIGARETTES OR OTHER TOBACCO        146          

PRODUCTS IS AN ELEMENT OF THE ALLEGED VIOLATION, IF THE SELLER,                 

AGENT, OR EMPLOYEE RAISES AND PROVES AS AN AFFIRMATIVE DEFENSE     147          

THAT ALL OF THE FOLLOWING OCCURRED:                                148          

      (1)  A CARD HOLDER ATTEMPTING TO MAKE A PURCHASE OF,         150          

RECEIVE A GIFT OF, OR OTHERWISE BE DISTRIBUTED CIGARETTES OR       152          

OTHER TOBACCO PRODUCTS PRESENTED A DRIVER'S OR COMMERCIAL                       

DRIVER'S LICENSE OR AN IDENTIFICATION CARD.                        153          

      (2)  A TRANSACTION SCAN OF THE DRIVER'S OR COMMERCIAL        155          

DRIVER'S LICENSE OR IDENTIFICATION CARD THAT THE CARD HOLDER       156          

PRESENTED INDICATED THAT THE LICENSE OR CARD WAS VALID.            157          

      (3)  THE CIGARETTES OR OTHER TOBACCO PRODUCTS WERE SOLD,     159          

GIVEN AWAY, OR OTHERWISE DISTRIBUTED TO THE CARD HOLDER IN         160          

REASONABLE RELIANCE UPON THE IDENTIFICATION PRESENTED AND THE      162          

COMPLETED TRANSACTION SCAN.                                                     

                                                          5      


                                                                 
      (B)  IN DETERMINING WHETHER A SELLER OR AN AGENT OR          164          

EMPLOYEE OF A SELLER HAS PROVEN THE AFFIRMATIVE DEFENSE PROVIDED   165          

BY DIVISION (A) OF THIS SECTION, THE TRIER OF FACT IN THE ACTION   167          

FOR THE ALLEGED VIOLATION OF SECTION 2927.02 OF THE REVISED CODE   168          

SHALL CONSIDER ANY WRITTEN POLICY THAT THE SELLER HAS ADOPTED AND  169          

IMPLEMENTED AND THAT IS INTENDED TO PREVENT VIOLATIONS OF SECTION  170          

2927.02 OF THE REVISED CODE.  FOR PURPOSES OF DIVISION (A)(3) OF   171          

THIS SECTION, THE TRIER OF FACT SHALL CONSIDER THAT REASONABLE     172          

RELIANCE UPON THE IDENTIFICATION PRESENTED AND THE COMPLETED       173          

TRANSACTION SCAN MAY REQUIRE A SELLER OR AN AGENT OR EMPLOYEE OF                

A SELLER TO EXERCISE REASONABLE DILIGENCE TO DETERMINE, AND THAT   174          

THE USE OF A TRANSACTION SCAN DEVICE DOES NOT EXCUSE A SELLER OR   175          

AN AGENT OR EMPLOYEE OF A SELLER FROM EXERCISING REASONABLE        176          

DILIGENCE TO DETERMINE, THE FOLLOWING:                                          

      (1)  WHETHER A PERSON TO WHOM THE SELLER OR AGENT OR         178          

EMPLOYEE OF A SELLER SELLS, GIVES AWAY, OR OTHERWISE DISTRIBUTES   179          

CIGARETTES OR OTHER TOBACCO PRODUCTS IS EIGHTEEN YEARS OF AGE OR   181          

OLDER;                                                                          

      (2)  WHETHER THE DESCRIPTION AND PICTURE APPEARING ON THE    183          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     184          

PRESENTED BY A CARD HOLDER IS THAT OF THE CARD HOLDER.             185          

      (C)  THE AFFIRMATIVE DEFENSE PROVIDED BY DIVISION (A) OF     187          

THIS SECTION DOES NOT APPLY IN ANY CIVIL ACTION OR IN ANY          189          

CRIMINAL ACTION OTHER THAN ONE INVOLVING AN ALLEGED VIOLATION OF   190          

SECTION 2927.02 OF THE REVISED CODE.                                            

      (D)  IN ANY CRIMINAL ACTION IN WHICH THE AFFIRMATIVE         193          

DEFENSE PROVIDED BY DIVISION (A) OF THIS SECTION IS RAISED, THE    194          

REGISTRAR OF MOTOR VEHICLES OR A DEPUTY REGISTRAR WHO ISSUED AN    195          

IDENTIFICATION CARD UNDER SECTIONS 4507.50 TO 4507.52 OF THE       197          

REVISED CODE SHALL BE PERMITTED TO SUBMIT CERTIFIED COPIES OF THE  198          

RECORDS, IN THE REGISTRAR'S OR DEPUTY REGISTRAR'S POSSESSION, OF   199          

THAT ISSUANCE IN LIEU OF THE TESTIMONY OF THE PERSONNEL OF THE     200          

BUREAU OF MOTOR VEHICLES IN THE ACTION.                                         

      Sec. 4301.61.  (A)  AS USED IN THIS SECTION AND SECTION      202          

                                                          6      


                                                                 
4301.611 OF THE REVISED CODE:                                      203          

      (1)  "CARD HOLDER" MEANS ANY PERSON WHO PRESENTS A DRIVER'S  205          

OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD TO A      206          

PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER FOR       207          

EITHER OF THE PURPOSES LISTED IN DIVISION (A)(4)(a) OR (b) OF      209          

THIS SECTION.                                                                   

      (2)  "IDENTIFICATION CARD" MEANS AN IDENTIFICATION CARD      211          

ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE.      212          

      (3)  "PERMIT HOLDER" MEANS THE HOLDER OF A PERMIT ISSUED     214          

UNDER CHAPTER 4303. OF THE REVISED CODE.                           216          

      (4)  "TRANSACTION SCAN" MEANS THE PROCESS BY WHICH A PERMIT  218          

HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER CHECKS, BY       219          

MEANS OF A TRANSACTION SCAN DEVICE, THE VALIDITY OF A DRIVER'S OR  220          

COMMERCIAL DRIVER'S LICENSE OR OF AN IDENTIFICATION CARD THAT IS   221          

PRESENTED AS A CONDITION FOR DOING EITHER OF THE FOLLOWING:        222          

      (a)  PURCHASING ANY BEER, INTOXICATING LIQUOR, OR            224          

LOW-ALCOHOL BEVERAGE;                                              225          

      (b)  GAINING ADMISSION TO A PREMISES THAT HAS BEEN ISSUED A  227          

LIQUOR PERMIT AUTHORIZING THE SALE OF BEER OR INTOXICATING LIQUOR  229          

FOR CONSUMPTION ON THE PREMISES WHERE SOLD, AND WHERE ADMISSION    231          

IS RESTRICTED TO PERSONS TWENTY-ONE YEARS OF AGE OR OLDER.         232          

      (5)  "TRANSACTION SCAN DEVICE" MEANS ANY COMMERCIAL DEVICE   234          

OR COMBINATION OF DEVICES USED AT A POINT OF SALE OR ENTRY THAT    235          

IS CAPABLE OF DECIPHERING IN AN ELECTRONICALLY READABLE FORMAT     236          

THE INFORMATION ENCODED ON THE MAGNETIC STRIP OR BAR CODE OF A     237          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION       238          

CARD.                                                                           

      (B)(1)(a)  A PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A      241          

PERMIT HOLDER MAY PERFORM A TRANSACTION SCAN BY MEANS OF A         242          

TRANSACTION SCAN DEVICE TO CHECK THE VALIDITY OF A DRIVER'S OR     243          

COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD PRESENTED BY A  244          

CARD HOLDER FOR EITHER OF THE PURPOSES LISTED IN DIVISION          245          

(A)(4)(a) OR (b) OF THIS SECTION.                                  246          

      (b)  IF THE INFORMATION DECIPHERED BY THE TRANSACTION SCAN   248          

                                                          7      


                                                                 
PERFORMED UNDER DIVISION (B)(1)(a) OF THIS SECTION FAILS TO MATCH  251          

THE INFORMATION PRINTED ON THE DRIVER'S OR COMMERCIAL DRIVER'S                  

LICENSE OR IDENTIFICATION CARD PRESENTED BY THE CARD HOLDER, OR    253          

IF THE TRANSACTION SCAN INDICATES THAT THE INFORMATION SO PRINTED  254          

IS FALSE OR FRAUDULENT, NEITHER THE PERMIT HOLDER NOR ANY AGENT    255          

OR EMPLOYEE OF THE PERMIT HOLDER SHALL SELL ANY BEER,              256          

INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE TO THE CARD HOLDER.                

      (2)  DIVISION (B)(1)(a) OF THIS SECTION DOES NOT PRECLUDE A  259          

PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER FROM      260          

USING A SCANNING DEVICE TO CHECK THE VALIDITY OF A DOCUMENT OTHER  262          

THAN A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN               263          

IDENTIFICATION CARD, IF THE DOCUMENT INCLUDES A BAR CODE OR                     

MAGNETIC STRIP THAT MAY BE SCANNED BY THE SCANNING DEVICE, AS A    264          

CONDITION OF A SALE OF BEER, INTOXICATING LIQUOR, OR A             265          

LOW-ALCOHOL BEVERAGE OR OF GRANTING ADMISSION TO A PREMISES AS     266          

DESCRIBED IN DIVISION (A)(4) OF THIS SECTION.                      267          

      (C)  THE REGISTRAR OF MOTOR VEHICLES, WITH THE APPROVAL OF   269          

THE LIQUOR CONTROL COMMISSION, SHALL ADOPT, AND MAY AMEND OR       270          

RESCIND, RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED      271          

CODE THAT DO BOTH OF THE FOLLOWING:                                273          

      (1)  GOVERN THE RECORDING AND MAINTENANCE OF INFORMATION     275          

DESCRIBED IN DIVISIONS (D)(1)(a) AND (b) OF THIS SECTION AND       277          

DIVISIONS (D)(1)(a) AND (b) OF SECTION 2927.021 OF THE REVISED     279          

CODE;                                                                           

      (2)  ENSURE QUALITY CONTROL IN THE USE OF TRANSACTION SCAN   281          

DEVICES UNDER THIS SECTION AND SECTIONS 2927.021, 2927.022, AND    282          

4301.611 OF THE REVISED CODE.                                      283          

      (D)(1)  NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT    285          

HOLDER SHALL ELECTRONICALLY OR MECHANICALLY RECORD OR MAINTAIN     286          

ANY INFORMATION DERIVED FROM A TRANSACTION SCAN EXCEPT THE         288          

FOLLOWING:                                                                      

      (a)  THE NAME AND DATE OF BIRTH OF THE PERSON LISTED ON THE  290          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     291          

PRESENTED BY A CARD HOLDER;                                        292          

                                                          8      


                                                                 
      (b)  THE EXPIRATION DATE AND IDENTIFICATION NUMBER OF THE    294          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     296          

PRESENTED BY A CARD HOLDER.                                        297          

      (2)  NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT       299          

HOLDER SHALL USE THE INFORMATION THAT IS DERIVED FROM A            300          

TRANSACTION SCAN OR THAT IS PERMITTED TO BE RECORDED AND           301          

MAINTAINED BY DIVISION (D)(1) OF THIS SECTION EXCEPT FOR PURPOSES  302          

OF SECTION 4301.611 OF THE REVISED CODE.                           303          

      (3)  NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT       305          

HOLDER SHALL USE A TRANSACTION SCAN DEVICE FOR A PURPOSE OTHER     306          

THAN A PURPOSE LISTED IN DIVISION (A)(4)(a) OR (b) OF THIS         308          

SECTION.                                                                        

      (4)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF      310          

THIS SECTION, NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT    311          

HOLDER SHALL SELL OR OTHERWISE DISSEMINATE THE INFORMATION         312          

DERIVED FROM A TRANSACTION SCAN TO ANY THIRD PARTY, INCLUDING,     313          

BUT NOT LIMITED TO, SELLING OR OTHERWISE DISSEMINATING THAT        314          

INFORMATION FOR ANY MARKETING, ADVERTISING, OR PROMOTIONAL         315          

ACTIVITIES.  A PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT      316          

HOLDER MAY RELEASE THAT INFORMATION PURSUANT TO A COURT ORDER OR   317          

AS SPECIFICALLY AUTHORIZED BY SECTION 4301.611 OR ANOTHER SECTION  318          

OF THE REVISED CODE.                                                            

      (E)  WHOEVER VIOLATES DIVISION (B)(1)(b) OR (D) OF THIS      321          

SECTION IS GUILTY OF ILLEGAL LIQUOR-RELATED TRANSACTION SCAN       322          

ACTIVITY, AND THE COURT MAY IMPOSE UPON THE OFFENDER A CIVIL       323          

PENALTY OF UP TO ONE THOUSAND DOLLARS FOR EACH VIOLATION.  THE     324          

CLERK OF THE COURT SHALL PAY EACH COLLECTED CIVIL PENALTY TO THE   325          

COUNTY TREASURER FOR DEPOSIT INTO THE COUNTY TREASURY.             326          

      Sec. 4301.611.  (A)  A PERMIT HOLDER OR AN AGENT OR          328          

EMPLOYEE OF A PERMIT HOLDER MAY NOT BE FOUND GUILTY OF A CHARGE    330          

OF A VIOLATION OF THIS CHAPTER OR ANY RULE OF THE LIQUOR CONTROL   332          

COMMISSION IN WHICH THE AGE OF A PURCHASER OF BEER, INTOXICATING   333          

LIQUOR, OR LOW-ALCOHOL BEVERAGE IS AN ELEMENT OF THE ALLEGED       334          

VIOLATION, IF THE PERMIT HOLDER, AGENT, OR EMPLOYEE RAISES AND                  

                                                          9      


                                                                 
PROVES AS AN AFFIRMATIVE DEFENSE THAT ALL OF THE FOLLOWING         335          

OCCURRED:                                                                       

      (1)  THE CARD HOLDER ATTEMPTING TO MAKE A PURCHASE OF BEER,  337          

INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE PRESENTED A DRIVER'S  338          

OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD.          340          

      (2)  A TRANSACTION SCAN OF THE DRIVER'S OR COMMERCIAL        342          

DRIVER'S LICENSE OR IDENTIFICATION CARD THAT THE CARD HOLDER       343          

PRESENTED INDICATED THAT THE LICENSE OR CARD WAS VALID.            344          

      (3)  THE BEER, INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE  346          

WAS SOLD TO THE CARD HOLDER IN REASONABLE RELIANCE UPON THE        347          

IDENTIFICATION PRESENTED AND THE COMPLETED TRANSACTION SCAN.       348          

      (B)  IN DETERMINING WHETHER A PERMIT HOLDER OR AN AGENT OR   350          

EMPLOYEE OF A PERMIT HOLDER HAS PROVEN THE AFFIRMATIVE DEFENSE     351          

PROVIDED BY DIVISION (A) OF THIS SECTION, THE COMMISSION OR THE    354          

TRIER OF FACT IN A COURT OF RECORD SHALL CONSIDER ANY WRITTEN      355          

POLICY THAT THE PERMIT HOLDER HAS ADOPTED AND IMPLEMENTED AND      356          

THAT IS INTENDED TO PREVENT VIOLATIONS OF DIVISION (A)(1) OR (2)   358          

OF SECTION 4301.22 AND OF SECTIONS 4301.63 TO 4301.636, 4301.69,   359          

AND 4301.691 OF THE REVISED CODE.  FOR PURPOSES OF DIVISION        361          

(A)(3) OF THIS SECTION, THE COMMISSION OR TRIER OF FACT SHALL                   

CONSIDER THAT REASONABLE RELIANCE UPON THE IDENTIFICATION          362          

PRESENTED AND THE COMPLETED TRANSACTION SCAN MAY REQUIRE A PERMIT  363          

HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER TO EXERCISE      364          

REASONABLE DILIGENCE TO DETERMINE, AND THAT THE USE OF A           365          

TRANSACTION SCAN DEVICE DOES NOT EXCUSE A PERMIT HOLDER OR AN      367          

AGENT OR EMPLOYEE OF A PERMIT HOLDER FROM EXERCISING REASONABLE    368          

DILIGENCE TO DETERMINE, THE FOLLOWING:                             369          

      (1)  WHETHER A PERSON TO WHOM THE PERMIT HOLDER OR AGENT OR  371          

EMPLOYEE OF A PERMIT HOLDER SELLS ANY BEER OR INTOXICATING LIQUOR  372          

IS TWENTY-ONE YEARS OF AGE OR OLDER OR SELLS ANY LOW-ALCOHOL       373          

BEVERAGE IS EIGHTEEN YEARS OF AGE OR OLDER;                        374          

      (2)  WHETHER THE DESCRIPTION AND PICTURE APPEARING ON THE    376          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     377          

PRESENTED BY A CARD HOLDER IS THAT OF THE CARD HOLDER.             378          

                                                          10     


                                                                 
      (C)(1)  THE AFFIRMATIVE DEFENSE PROVIDED BY DIVISION (A) OF  381          

THIS SECTION IS IN ADDITION TO THE DEFENSE PROVIDED BY SECTION     382          

4301.639 OF THE REVISED CODE.                                      383          

      (2)  THE DEFENSE PROVIDED BY DIVISION (A) OF THIS SECTION    385          

DOES NOT APPLY IN ANY CIVIL ACTION OR IN ANY CRIMINAL ACTION       386          

OTHER THAN ONE REFERRED TO IN DIVISION (A) OF THIS SECTION.        387          

      (D)  IN ANY HEARING BEFORE THE COMMISSION AND IN ANY         389          

CRIMINAL ACTION IN WHICH THE AFFIRMATIVE DEFENSE PROVIDED BY       390          

DIVISION (A) OF THIS SECTION IS RAISED, THE REGISTRAR OF MOTOR     391          

VEHICLES OR A DEPUTY REGISTRAR WHO ISSUED AN IDENTIFICATION CARD   392          

UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE SHALL BE     395          

PERMITTED TO SUBMIT CERTIFIED COPIES OF THE RECORDS, IN THE        397          

REGISTRAR'S OR DEPUTY REGISTRAR'S POSSESSION, OF THAT ISSUANCE IN  398          

LIEU OF THE TESTIMONY OF THE PERSONNEL OF THE BUREAU OF MOTOR      399          

VEHICLES IN THE HEARING OR ACTION.                                              

      Sec. 4301.639.  (A)  No permit holder, his agent or          408          

employee OF A PERMIT HOLDER, or any other person may be found      410          

guilty of a violation of any section of this chapter or any rule   411          

of the liquor control commission in which age is an element of     413          

the offense, if the liquor control commission or any court of      414          

record finds all of the following:                                              

      (A)(1)  That the person buying, at the time of so doing,     416          

exhibited to the permit holder, his THE agent or employee OF THE   418          

PERMIT HOLDER, or the other person a driver's or commercial        420          

driver's license or an identification card issued under sections   421          

4507.50 to 4507.52 of the Revised Code showing that the person     422          

buying was then at least twenty-one years of age if he THE PERSON  423          

was buying beer as defined in section 4301.01 of the Revised Code  424          

or intoxicating liquor or that he THE PERSON was then at least     425          

eighteen years of age if he THE PERSON was buying any low-alcohol  426          

beverage;                                                                       

      (B)(2)  That the permit holder, his THE agent or employee    429          

OF THE PERMIT HOLDER, or the other person made a bona fide effort  431          

to ascertain the true age of the person buying by checking the     432          

                                                          11     


                                                                 
identification presented, at the time of the purchase, to          433          

ascertain that the description on the identification compared      434          

with the appearance of the buyer and that the identification       435          

presented had not been altered in any way;                                      

      (C)(3)  That the permit holder, his THE agent or employee    438          

OF THE PERMIT HOLDER, or the other person had reason to believe    440          

that the person buying was of legal age.                                        

      (B)  In any hearing before the liquor control commission     442          

and in any action or proceeding before a court of record in which  443          

a defense is raised under DIVISION (A) OF this section, the        444          

registrar of motor vehicles or his deputy REGISTRAR who issued an  446          

identification card under sections 4507.50 to 4507.52 of the       448          

Revised Code shall be permitted to submit certified copies of the  449          

records, in his THE REGISTRAR'S OR DEPUTY'S possession, of such    450          

THAT issuance in lieu of the testimony of the personnel of the     452          

bureau of motor vehicles at such THE hearing, action, or           454          

proceeding.                                                                     

      (C)  THE DEFENSE PROVIDED BY DIVISION (A) OF THIS SECTION    456          

IS IN ADDITION TO THE AFFIRMATIVE DEFENSE PROVIDED BY SECTION      457          

4301.611 OF THE REVISED CODE.                                                   

      Sec. 5733.50.  (A)  AS USED IN THIS SECTION, "TRANSACTION    459          

SCAN DEVICE" HAS THE SAME MEANING AS IN SECTION 4301.61 OF THE     460          

REVISED CODE.                                                      461          

      (B)  A NONREFUNDABLE CREDIT IS ALLOWED AGAINST THE TAX       463          

IMPOSED BY SECTION 5733.06 OF THE REVISED CODE FOR A TAXPAYER      464          

THAT, FOR TAXABLE YEAR 2000 OR THEREAFTER, PURCHASES OR LEASES A   465          

TRANSACTION SCAN DEVICE THAT THE TAXPAYER LOCATES AND USES IN      466          

THIS STATE FOR ANY OF THE PURPOSES DESCRIBED IN SECTION 2927.021,  467          

2927.022, 4301.61, OR 4301.611 OF THE REVISED CODE.  THE AMOUNT    469          

OF THE CREDIT EQUALS THE AMOUNT PAID BY THE TAXPAYER DURING THE    470          

TAXABLE YEAR TO PURCHASE OR LEASE A TRANSACTION SCAN DEVICE, NOT   472          

TO EXCEED THREE HUNDRED DOLLARS FOR EACH DEVICE.  THE CREDIT MAY   473          

BE CLAIMED ONLY FOR THE TAXABLE YEAR IN WHICH A TRANSACTION SCAN   474          

DEVICE IS PURCHASED OR FIRST LEASED.  A TAXPAYER SHALL CLAIM THE   475          

                                                          12     


                                                                 
CREDIT IN THE ORDER REQUIRED BY SECTION 5733.98 OF THE REVISED     477          

CODE.                                                                           

      (C)  THE TAX COMMISSIONER MAY REQUIRE A TAXPAYER TO FURNISH  479          

ANY INFORMATION NECESSARY TO SUPPORT A CLAIM FOR CREDIT UNDER      480          

THIS SECTION, AND NO CREDIT SHALL BE ALLOWED UNLESS THAT           481          

INFORMATION IS PROVIDED.                                           482          

      Sec. 5733.98.  (A)  To provide a uniform procedure for       491          

calculating the amount of tax imposed by section 5733.06 of the    492          

Revised Code that is due under this chapter, a taxpayer shall      494          

claim any credits to which it is entitled in the following order,               

except as otherwise provided in section 5733.058 of the Revised    495          

Code:                                                                           

      (1)  The credit for taxes paid by a qualifying pass-through  497          

entity allowed under section 5733.0611 of the Revised Code;        498          

      (2)  The credit for qualifying affiliated groups under       500          

section 5733.068 of the Revised Code;                              501          

      (3)  The subsidiary corporation credit under section         503          

5733.067 of the Revised Code;                                      504          

      (4)  The savings and loan assessment credit under section    506          

5733.063 of the Revised Code;                                      507          

      (5)  The credit for recycling and litter prevention          509          

donations under section 5733.064 of the Revised Code;              511          

      (6)  The credit for employers that enter into agreements     514          

with child day-care centers under section 5733.36 of the Revised   515          

Code;                                                                           

      (7)  The credit for employers that reimburse employee child  517          

day-care expenses under section 5733.38 of the Revised Code;       519          

      (8)  THE CREDIT FOR TRANSACTION SCAN DEVICES UNDER SECTION   521          

5733.50 OF THE REVISED CODE;                                                    

      (9)  The credit for maintaining railroad active grade        523          

crossing warning devices under section 5733.43 of the Revised      525          

Code;                                                                           

      (9)(10)  The credit for manufacturing investments under      527          

section 5733.061 of the Revised Code;                              529          

                                                          13     


                                                                 
      (10)(11)  The credit for purchases of new manufacturing      531          

machinery and equipment under section 5733.31 or section 5733.311  532          

of the Revised Code;                                               533          

      (11)(12)  The second credit for purchases of new             535          

manufacturing machinery and equipment under section 5733.33 of     537          

the Revised Code;                                                               

      (12)(13)  The job training credit under section 5733.42 of   539          

the Revised Code;                                                  541          

      (13)(14)  The credit for qualified research expenses under   543          

section 5733.351 of the Revised Code;                              545          

      (14)(15)  The enterprise zone credit under section 5709.66   547          

of the Revised Code;                                               548          

      (15)(16)  The credit for the eligible costs associated with  550          

a voluntary action under section 5733.34 of the Revised Code;      552          

      (16)(17)  The credit for employers that establish on-site    554          

child day-care under section 5733.37 of the Revised Code;          556          

      (17)(18)  The credit for purchases of qualifying grape       558          

production property under section 5733.32 of the Revised Code;     559          

      (18)(19)  The export sales credit under section 5733.069 of  561          

the Revised Code;                                                  562          

      (19)(20)  The credit for research and development and        564          

technology transfer investors under section 5733.35 of the         565          

Revised Code;                                                                   

      (20)(21)  The enterprise zone credits under section 5709.65  567          

of the Revised Code;                                               568          

      (21)(22)  The credit for using Ohio coal under section       570          

5733.39 of the Revised Code;                                       572          

      (19)(23)  The refundable jobs creation credit under section  574          

5733.0610 of the Revised Code.                                     575          

      (B)  For any credit except the refundable jobs creation      577          

credit, the amount of the credit for a tax year shall not exceed   578          

the tax due after allowing for any other credit that precedes it   579          

in the order required under this section.  Any excess amount of a  580          

particular credit may be carried forward if authorized under the   581          

                                                          14     


                                                                 
section creating that credit.                                      582          

      Sec. 5747.38.  (A)  AS USED IN THIS SECTION, "TRANSACTION    584          

SCAN DEVICE" HAS THE SAME MEANING AS IN SECTION 4301.61 OF THE     585          

REVISED CODE.                                                      586          

      (B)  A NONREFUNDABLE CREDIT IS ALLOWED AGAINST THE TAX       588          

IMPOSED BY SECTION 5747.02 OF THE REVISED CODE FOR A TAXPAYER      589          

THAT, FOR TAXABLE YEAR 2000 OR THEREAFTER, PURCHASES OR LEASES A   590          

TRANSACTION SCAN DEVICE THAT THE TAXPAYER LOCATES AND USES IN      591          

THIS STATE FOR ANY OF THE PURPOSES DESCRIBED IN SECTION 2927.021,  592          

2927.022, 4301.61, OR 4301.611 OF THE REVISED CODE.  THE AMOUNT    594          

OF THE CREDIT EQUALS THE AMOUNT PAID BY THE TAXPAYER DURING THE    595          

TAXABLE YEAR TO PURCHASE OR LEASE A TRANSACTION SCAN DEVICE, NOT   597          

TO EXCEED THREE HUNDRED DOLLARS FOR EACH DEVICE.  THE CREDIT MAY   598          

BE CLAIMED ONLY FOR THE TAXABLE YEAR IN WHICH A TRANSACTION SCAN   599          

DEVICE IS PURCHASED OR FIRST LEASED.  A TAXPAYER SHALL CLAIM THE   600          

CREDIT IN THE ORDER REQUIRED BY SECTION 5747.98 OF THE REVISED     602          

CODE.                                                                           

      (C)  THE TAX COMMISSIONER MAY REQUIRE A TAXPAYER TO FURNISH  604          

ANY INFORMATION NECESSARY TO SUPPORT A CLAIM FOR CREDIT UNDER      605          

THIS SECTION, AND NO CREDIT SHALL BE ALLOWED UNLESS THAT           606          

INFORMATION IS PROVIDED.                                           607          

      Sec. 5747.98.  (A)  To provide a uniform procedure for       616          

calculating the amount of tax due under section 5747.02 of the     617          

Revised Code, a taxpayer shall claim any credits to which the      618          

taxpayer is entitled in the following order:                       620          

      (1)  The retirement income credit under division (B) of      622          

section 5747.055 of the Revised Code;                              623          

      (2)  The senior citizen credit under division (C) of         625          

section 5747.05 of the Revised Code;                               626          

      (3)  The lump sum distribution credit under division (D) of  628          

section 5747.05 of the Revised Code;                               629          

      (4)  The dependent care credit under section 5747.054 of     631          

the Revised Code;                                                  632          

      (5)  The lump sum retirement income credit under division    634          

                                                          15     


                                                                 
(C) of section 5747.055 of the Revised Code;                       635          

      (6)  The lump sum retirement income credit under division    637          

(D) of section 5747.055 of the Revised Code;                       638          

      (7)  The lump sum retirement income credit under division    640          

(E) of section 5747.055 of the Revised Code;                       641          

      (8)  The credit for displaced workers who pay for job        643          

training under section 5747.27 of the Revised Code;                644          

      (9)  The campaign contribution credit under section 5747.29  647          

of the Revised Code;                                               649          

      (10)  The twenty-dollar personal exemption credit under      651          

section 5747.022 of the Revised Code;                              652          

      (11)  The joint filing credit under division (G) of section  655          

5747.05 of the Revised Code;                                                    

      (12)  The nonresident credit under division (A) of section   658          

5747.05 of the Revised Code;                                                    

      (13)  The credit for a resident's out-of-state income under  661          

division (B) of section 5747.05 of the Revised Code;                            

      (14)  The credit for employers that enter into agreements    664          

with child day-care centers under section 5747.34 of the Revised   665          

Code;                                                                           

      (15)  The credit for employers that reimburse employee       667          

child day-care expenses under section 5747.36 of the Revised       669          

Code;                                                                           

      (16)  The credit for adoption of a minor child under         671          

section 5747.37 of the Revised Code;                               672          

      (17)  THE CREDIT FOR TRANSACTION SCAN DEVICES UNDER SECTION  674          

5747.38 OF THE REVISED CODE;                                                    

      (18)  The credit for manufacturing investments under         676          

section 5747.051 of the Revised Code;                              677          

      (18)(19)  The credit for purchases of new manufacturing      679          

machinery and equipment under section 5747.26 or section 5747.261  681          

of the Revised Code;                                                            

      (19)(20)  The second credit for purchases of new             683          

manufacturing machinery and equipment and the credit for using     685          

                                                          16     


                                                                 
Ohio coal under section 5747.31 of the Revised Code;               686          

      (20)(21)  The enterprise zone credit under section 5709.66   688          

of the Revised Code;                                               689          

      (21)(22)  The credit for the eligible costs associated with  691          

a voluntary action under section 5747.32 of the Revised Code;      693          

      (22)(23)  The credit for employers that establish on-site    696          

child day-care centers under section 5747.35 of the Revised Code;  697          

      (23)(24)  The credit for purchases of qualifying grape       699          

production property under section 5747.28 of the Revised Code;     700          

      (24)(25)  The export sales credit under section 5747.057 of  702          

the Revised Code;                                                  703          

      (25)(26)  The credit for research and development and        705          

technology transfer investors under section 5747.33 of the         706          

Revised Code;                                                                   

      (26)(27)  The enterprise zone credits under section 5709.65  709          

of the Revised Code;                                                            

      (27)(28)  The refundable jobs creation credit under section  712          

5747.058 of the Revised Code;                                                   

      (28)(29)  The refundable credit for taxes paid by a          714          

qualifying entity granted under section 5747.059 of the Revised    715          

Code;                                                                           

      (29)(30)  The refundable credits for taxes paid by a         717          

qualifying pass-through entity granted under division (J) of       720          

section 5747.08 of the Revised Code.                                            

      (B)  For any credit, except the refundable credits           722          

enumerated in divisions (A)(27), (28), and (29), AND (30) of this  724          

section and the credit granted under division (I) of section       726          

5747.08 of the Revised Code, the amount of the credit for a        728          

taxable year shall not exceed the tax due after allowing for any   729          

other credit that precedes it in the order required under this     730          

section.  Any excess amount of a particular credit may be carried  731          

forward if authorized under the section creating that credit.      732          

Nothing in this chapter shall be construed to allow a taxpayer to  733          

claim, directly or indirectly, a credit more than once for a       734          

                                                          17     


                                                                 
taxable year.                                                                   

      Section 2.  That existing sections 4301.639, 5733.98, and    736          

5747.98 of the Revised Code are hereby repealed.                   737          

      Section 3.  Section 5733.98 of the Revised Code is           739          

presented in this act as a composite of the section as amended by  740          

both Am. Sub. H.B. 283 and Am. Sub. S.B. 3 of the 123rd General    741          

Assembly, with the new language of neither of the acts shown in    742          

capital letters.  Section 5747.98 of the Revised Code is                        

presented in this act as a composite of the section as amended by  744          

both Am. Sub. S.B. 3 and Am. S.B. 4 of the 123rd General           745          

Assembly, with the new language of neither of the acts shown in    746          

capital letters.  This is in recognition of the principle stated   747          

in division (B) of section 1.52 of the Revised Code that such      748          

amendments are to be harmonized where not substantively            749          

irreconcilable and constitutes a legislative finding that such     750          

are the resulting versions in effect prior to the effective date   751          

of this act.