As Reported by House State Government Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 200 5
1999-2000 6
SENATORS ARMBRUSTER-DRAKE-SPADA-WACHTMANN-OELSLAGER-BRADY- 8
LATELL-GARDNER-DiDONATO-WATTS-HAGAN-MUMPER- REPRESENTATIVES 10
BUEHRER-TRAKAS-HEALY-GERBERRY
_________________________________________________________________ 11
A B I L L
To amend sections 4301.62, 4301.639, 4303.182, and 13
4303.35 and to enact sections 2927.021, 2927.022, 14
4301.61, 4301.611, and 4303.203 of the Revised 15
Code to grant liquor permit holders and sellers 16
of tobacco products, and their agents and
employees, an affirmative defense against a 18
charge of selling or otherwise distributing
cigarettes or other tobacco products, or selling 19
beer, intoxicating liquor, or low-alcohol 20
beverages, to an underage person if a transaction 21
scan of the person's driver's or commercial 22
driver's license or Ohio identification card 23
indicates it is valid and the scan is reasonably
relied upon; to restrict the use of the 25
information obtained through a transaction scan;
to require the Registrar of Motor Vehicles to 26
adopt rules relating to the use of transaction 27
scan devices; to authorize the holder of a D-6 28
permit issued to a sports facility to make sales
between the hours of 11 a.m. and midnight on a 29
Sunday on which certain professional sports games 30
are being played at the sports facility; and to 31
create the F-3 permit to be issued to certain 32
nonprofit organizations to allow the serving of 33
beer, wine, or mixed beverages at a convention 34
facility or hotel for a period not to exceed five
2
consecutive days. 35
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 4301.62, 4301.639, 4303.182, and 39
4303.35 be amended and sections 2927.021, 2927.022, 4301.61, 41
4301.611, and 4303.203 of the Revised Code be enacted to read as 42
follows:
Sec. 2927.021. (A) AS USED IN THIS SECTION AND SECTION 44
2927.022 OF THE REVISED CODE: 45
(1) "CARD HOLDER" MEANS ANY PERSON WHO PRESENTS A DRIVER'S 47
OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD TO A 48
SELLER, OR AN AGENT OR EMPLOYEE OF A SELLER, TO PURCHASE OR 50
RECEIVE CIGARETTES OR OTHER TOBACCO PRODUCTS FROM THE SELLER, 51
AGENT, OR EMPLOYEE.
(2) "IDENTIFICATION CARD" MEANS AN IDENTIFICATION CARD 53
ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE. 54
(3) "SELLER" MEANS A SELLER OF CIGARETTES OR OTHER TOBACCO 56
PRODUCTS AND INCLUDES ANY PERSON WHOSE GIFT OF OR OTHER 57
DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS IS SUBJECT 58
TO THE PROHIBITIONS OF SECTION 2927.02 OF THE REVISED CODE. 59
(4) "TRANSACTION SCAN" MEANS THE PROCESS BY WHICH A SELLER 61
OR AN AGENT OR EMPLOYEE OF A SELLER CHECKS, BY MEANS OF A 62
TRANSACTION SCAN DEVICE, THE VALIDITY OF A DRIVER'S OR COMMERCIAL 63
DRIVER'S LICENSE OR AN IDENTIFICATION CARD THAT IS PRESENTED AS A 64
CONDITION FOR PURCHASING OR RECEIVING CIGARETTES OR OTHER TOBACCO 66
PRODUCTS.
(5) "TRANSACTION SCAN DEVICE" MEANS ANY COMMERCIAL DEVICE 68
OR COMBINATION OF DEVICES USED AT A POINT OF SALE THAT IS CAPABLE 69
OF DECIPHERING IN AN ELECTRONICALLY READABLE FORMAT THE 70
INFORMATION ENCODED ON THE MAGNETIC STRIP OR BAR CODE OF A 71
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION 72
CARD.
(B)(1) A SELLER OR AN AGENT OR EMPLOYEE OF A SELLER MAY 75
3
PERFORM A TRANSACTION SCAN BY MEANS OF A TRANSACTION SCAN DEVICE 76
TO CHECK THE VALIDITY OF A DRIVER'S OR COMMERCIAL DRIVER'S 77
LICENSE OR IDENTIFICATION CARD PRESENTED BY A CARD HOLDER AS A 78
CONDITION FOR SELLING, GIVING AWAY, OR OTHERWISE DISTRIBUTING TO 79
THE CARD HOLDER CIGARETTES OR OTHER TOBACCO PRODUCTS. 81
(2) IF THE INFORMATION DECIPHERED BY THE TRANSACTION SCAN 83
PERFORMED UNDER DIVISION (B)(1) OF THIS SECTION FAILS TO MATCH 86
THE INFORMATION PRINTED ON THE DRIVER'S OR COMMERCIAL DRIVER'S
LICENSE OR IDENTIFICATION CARD PRESENTED BY THE CARD HOLDER, OR 88
IF THE TRANSACTION SCAN INDICATES THAT THE INFORMATION SO PRINTED 89
IS FALSE OR FRAUDULENT, NEITHER THE SELLER NOR ANY AGENT OR 90
EMPLOYEE OF THE SELLER SHALL SELL, GIVE AWAY, OR OTHERWISE
DISTRIBUTE ANY CIGARETTES OR OTHER TOBACCO PRODUCTS TO THE CARD 92
HOLDER.
(3) DIVISION (B)(1) OF THIS SECTION DOES NOT PRECLUDE A 95
SELLER OR AN AGENT OR EMPLOYEE OF A SELLER FROM USING A 97
TRANSACTION SCAN DEVICE TO CHECK THE VALIDITY OF A DOCUMENT OTHER
THAN A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN 98
IDENTIFICATION CARD, IF THE DOCUMENT INCLUDES A BAR CODE OR 99
MAGNETIC STRIP THAT MAY BE SCANNED BY THE DEVICE, AS A CONDITION 100
FOR SELLING, GIVING AWAY, OR OTHERWISE DISTRIBUTING CIGARETTES OR 101
OTHER TOBACCO PRODUCTS TO THE PERSON PRESENTING THE DOCUMENT. 102
(C) RULES ADOPTED BY THE REGISTRAR OF MOTOR VEHICLES UNDER 104
DIVISION (C) OF SECTION 4301.61 OF THE REVISED CODE APPLY TO THE 106
USE OF TRANSACTION SCAN DEVICES FOR PURPOSES OF THIS SECTION AND 107
SECTION 2927.022 OF THE REVISED CODE. 109
(D)(1) NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL 111
ELECTRONICALLY OR MECHANICALLY RECORD OR MAINTAIN ANY INFORMATION 112
DERIVED FROM A TRANSACTION SCAN, EXCEPT THE FOLLOWING: 114
(a) THE NAME AND DATE OF BIRTH OF THE PERSON LISTED ON THE 116
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 117
PRESENTED BY A CARD HOLDER; 118
(b) THE EXPIRATION DATE AND IDENTIFICATION NUMBER OF THE 120
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 121
4
PRESENTED BY A CARD HOLDER. 122
(2) NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL USE 124
THE INFORMATION THAT IS DERIVED FROM A TRANSACTION SCAN OR THAT 125
IS PERMITTED TO BE RECORDED AND MAINTAINED UNDER DIVISION (D)(1) 126
OF THIS SECTION, EXCEPT FOR PURPOSES OF SECTION 2927.022 OF THE 127
REVISED CODE. 128
(3) NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL USE A 130
TRANSACTION SCAN DEVICE FOR A PURPOSE OTHER THAN THE PURPOSE 131
SPECIFIED IN DIVISION (B)(1) OF THIS SECTION. 132
(4) NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL SELL 134
OR OTHERWISE DISSEMINATE THE INFORMATION DERIVED FROM A 135
TRANSACTION SCAN TO ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED 136
TO, SELLING OR OTHERWISE DISSEMINATING THAT INFORMATION FOR ANY 137
MARKETING, ADVERTISING, OR PROMOTIONAL ACTIVITIES, BUT A SELLER 138
OR AGENT OR EMPLOYEE OF A SELLER MAY RELEASE THAT INFORMATION 139
PURSUANT TO A COURT ORDER OR AS SPECIFICALLY AUTHORIZED BY 140
SECTION 2927.022 OR ANOTHER SECTION OF THE REVISED CODE.
(E) NOTHING IN THIS SECTION OR SECTION 2927.022 OF THE 143
REVISED CODE RELIEVES A SELLER OR AN AGENT OR EMPLOYEE OF A
SELLER OF ANY RESPONSIBILITY TO COMPLY WITH ANY OTHER APPLICABLE 144
STATE OR FEDERAL LAWS OR RULES GOVERNING THE SALE, GIVING AWAY, 145
OR OTHER DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS. 147
(F) WHOEVER VIOLATES DIVISION (B)(2) OR (D) OF THIS 150
SECTION IS GUILTY OF ENGAGING IN AN ILLEGAL TOBACCO PRODUCT 151
TRANSACTION SCAN, AND THE COURT MAY IMPOSE UPON THE OFFENDER A 152
CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS FOR EACH VIOLATION. 153
THE CLERK OF THE COURT SHALL PAY EACH COLLECTED CIVIL PENALTY TO 154
THE COUNTY TREASURER FOR DEPOSIT INTO THE COUNTY TREASURY. 155
Sec. 2927.022. (A) A SELLER OR AN AGENT OR EMPLOYEE OF A 157
SELLER MAY NOT BE FOUND GUILTY OF A CHARGE OF A VIOLATION OF 159
SECTION 2927.02 OF THE REVISED CODE IN WHICH THE AGE OF THE 162
PURCHASER OR OTHER RECIPIENT OF CIGARETTES OR OTHER TOBACCO 163
PRODUCTS IS AN ELEMENT OF THE ALLEGED VIOLATION, IF THE SELLER,
AGENT, OR EMPLOYEE RAISES AND PROVES AS AN AFFIRMATIVE DEFENSE 164
5
THAT ALL OF THE FOLLOWING OCCURRED: 165
(1) A CARD HOLDER ATTEMPTING TO PURCHASE OR RECEIVE 167
CIGARETTES OR OTHER TOBACCO PRODUCTS PRESENTED A DRIVER'S OR 169
COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD. 170
(2) A TRANSACTION SCAN OF THE DRIVER'S OR COMMERCIAL 172
DRIVER'S LICENSE OR IDENTIFICATION CARD THAT THE CARD HOLDER 173
PRESENTED INDICATED THAT THE LICENSE OR CARD WAS VALID. 174
(3) THE CIGARETTES OR OTHER TOBACCO PRODUCTS WERE SOLD, 176
GIVEN AWAY, OR OTHERWISE DISTRIBUTED TO THE CARD HOLDER IN 177
REASONABLE RELIANCE UPON THE IDENTIFICATION PRESENTED AND THE 179
COMPLETED TRANSACTION SCAN.
(B) IN DETERMINING WHETHER A SELLER OR AN AGENT OR 181
EMPLOYEE OF A SELLER HAS PROVEN THE AFFIRMATIVE DEFENSE PROVIDED 182
BY DIVISION (A) OF THIS SECTION, THE TRIER OF FACT IN THE ACTION 184
FOR THE ALLEGED VIOLATION OF SECTION 2927.02 OF THE REVISED CODE 185
SHALL CONSIDER ANY WRITTEN POLICY THAT THE SELLER HAS ADOPTED AND 186
IMPLEMENTED AND THAT IS INTENDED TO PREVENT VIOLATIONS OF SECTION 187
2927.02 OF THE REVISED CODE. FOR PURPOSES OF DIVISION (A)(3) OF 188
THIS SECTION, THE TRIER OF FACT SHALL CONSIDER THAT REASONABLE 189
RELIANCE UPON THE IDENTIFICATION PRESENTED AND THE COMPLETED 190
TRANSACTION SCAN MAY REQUIRE A SELLER OR AN AGENT OR EMPLOYEE OF
A SELLER TO EXERCISE REASONABLE DILIGENCE TO DETERMINE, AND THAT 191
THE USE OF A TRANSACTION SCAN DEVICE DOES NOT EXCUSE A SELLER OR 192
AN AGENT OR EMPLOYEE OF A SELLER FROM EXERCISING REASONABLE 193
DILIGENCE TO DETERMINE, THE FOLLOWING:
(1) WHETHER A PERSON TO WHOM THE SELLER OR AGENT OR 195
EMPLOYEE OF A SELLER SELLS, GIVES AWAY, OR OTHERWISE DISTRIBUTES 196
CIGARETTES OR OTHER TOBACCO PRODUCTS IS EIGHTEEN YEARS OF AGE OR 198
OLDER;
(2) WHETHER THE DESCRIPTION AND PICTURE APPEARING ON THE 200
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 201
PRESENTED BY A CARD HOLDER IS THAT OF THE CARD HOLDER. 202
(C) IN ANY CRIMINAL ACTION IN WHICH THE AFFIRMATIVE 205
DEFENSE PROVIDED BY DIVISION (A) OF THIS SECTION IS RAISED, THE 206
6
REGISTRAR OF MOTOR VEHICLES OR A DEPUTY REGISTRAR WHO ISSUED AN 207
IDENTIFICATION CARD UNDER SECTIONS 4507.50 TO 4507.52 OF THE 209
REVISED CODE SHALL BE PERMITTED TO SUBMIT CERTIFIED COPIES OF THE 210
RECORDS OF THAT ISSUANCE IN LIEU OF THE TESTIMONY OF THE 212
PERSONNEL OF OR CONTRACTORS WITH THE BUREAU OF MOTOR VEHICLES IN 213
THE ACTION.
Sec. 4301.61. (A) AS USED IN THIS SECTION AND SECTION 215
4301.611 OF THE REVISED CODE: 216
(1) "CARD HOLDER" MEANS ANY PERSON WHO PRESENTS A DRIVER'S 218
OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD TO A 219
PERMIT HOLDER, OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER, FOR 220
EITHER OF THE PURPOSES LISTED IN DIVISION (A)(4)(a) OR (b) OF 222
THIS SECTION.
(2) "IDENTIFICATION CARD" MEANS AN IDENTIFICATION CARD 224
ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE. 225
(3) "PERMIT HOLDER" MEANS THE HOLDER OF A PERMIT ISSUED 227
UNDER CHAPTER 4303. OF THE REVISED CODE. 229
(4) "TRANSACTION SCAN" MEANS THE PROCESS BY WHICH A PERMIT 231
HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER CHECKS, BY 232
MEANS OF A TRANSACTION SCAN DEVICE, THE VALIDITY OF A DRIVER'S OR 233
COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD THAT IS 234
PRESENTED AS A CONDITION FOR DOING EITHER OF THE FOLLOWING: 235
(a) PURCHASING ANY BEER, INTOXICATING LIQUOR, OR 237
LOW-ALCOHOL BEVERAGE; 238
(b) GAINING ADMISSION TO A PREMISES THAT HAS BEEN ISSUED A 240
LIQUOR PERMIT AUTHORIZING THE SALE OF BEER OR INTOXICATING LIQUOR 242
FOR CONSUMPTION ON THE PREMISES WHERE SOLD, AND WHERE ADMISSION 244
IS RESTRICTED TO PERSONS TWENTY-ONE YEARS OF AGE OR OLDER. 245
(5) "TRANSACTION SCAN DEVICE" MEANS ANY COMMERCIAL DEVICE 247
OR COMBINATION OF DEVICES USED AT A POINT OF SALE THAT IS CAPABLE 248
OF DECIPHERING IN AN ELECTRONICALLY READABLE FORMAT THE 249
INFORMATION ENCODED ON THE MAGNETIC STRIP OR BAR CODE OF A 250
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION 251
CARD.
7
(B)(1) A PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT 254
HOLDER MAY PERFORM A TRANSACTION SCAN BY MEANS OF A TRANSACTION 255
SCAN DEVICE TO CHECK THE VALIDITY OF A DRIVER'S OR COMMERCIAL 256
DRIVER'S LICENSE OR IDENTIFICATION CARD PRESENTED BY A CARD 257
HOLDER FOR EITHER OF THE PURPOSES LISTED IN DIVISION (A)(4)(a) OR 259
(b) OF THIS SECTION.
(2) IF THE INFORMATION DECIPHERED BY THE TRANSACTION SCAN 261
PERFORMED UNDER DIVISION (B)(1) OF THIS SECTION FAILS TO MATCH 264
THE INFORMATION PRINTED ON THE DRIVER'S OR COMMERCIAL DRIVER'S
LICENSE OR IDENTIFICATION CARD PRESENTED BY THE CARD HOLDER, OR 266
IF THE TRANSACTION SCAN INDICATES THAT THE INFORMATION SO PRINTED 267
IS FALSE OR FRAUDULENT, NEITHER THE PERMIT HOLDER NOR ANY AGENT 268
OR EMPLOYEE OF THE PERMIT HOLDER SHALL SELL ANY BEER, 269
INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE TO THE CARD HOLDER.
(3) DIVISION (B)(1) OF THIS SECTION DOES NOT PRECLUDE A 272
PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER FROM 273
USING A TRANSACTION SCAN DEVICE TO CHECK THE VALIDITY OF A 274
DOCUMENT OTHER THAN A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR 275
AN IDENTIFICATION CARD, IF THE DOCUMENT INCLUDES A BAR CODE OR 276
MAGNETIC STRIP THAT MAY BE SCANNED BY THE DEVICE, AS A CONDITION 277
OF A SALE OF BEER, INTOXICATING LIQUOR, OR A LOW-ALCOHOL BEVERAGE 278
OR OF GRANTING ADMISSION TO A PREMISES DESCRIBED IN DIVISION 279
(A)(4) OF THIS SECTION. 280
(C) THE REGISTRAR OF MOTOR VEHICLES, WITH THE APPROVAL OF 282
THE LIQUOR CONTROL COMMISSION, SHALL ADOPT, AND MAY AMEND OR 283
RESCIND, RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 284
CODE THAT DO BOTH OF THE FOLLOWING: 286
(1) GOVERN THE RECORDING AND MAINTENANCE OF INFORMATION 288
DESCRIBED IN DIVISIONS (D)(1)(a) AND (b) OF THIS SECTION AND 290
DIVISIONS (D)(1)(a) AND (b) OF SECTION 2927.021 OF THE REVISED 292
CODE;
(2) ENSURE QUALITY CONTROL IN THE USE OF TRANSACTION SCAN 294
DEVICES UNDER THIS SECTION AND SECTIONS 2927.021, 2927.022, AND 295
4301.611 OF THE REVISED CODE. 296
8
(D)(1) NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT 298
HOLDER SHALL ELECTRONICALLY OR MECHANICALLY RECORD OR MAINTAIN 299
ANY INFORMATION DERIVED FROM A TRANSACTION SCAN, EXCEPT THE 301
FOLLOWING:
(a) THE NAME AND DATE OF BIRTH OF THE PERSON LISTED ON THE 303
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 304
PRESENTED BY A CARD HOLDER; 305
(b) THE EXPIRATION DATE AND IDENTIFICATION NUMBER OF THE 307
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 309
PRESENTED BY A CARD HOLDER. 310
(2) NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT 312
HOLDER SHALL USE THE INFORMATION THAT IS DERIVED FROM A 313
TRANSACTION SCAN OR THAT IS PERMITTED TO BE RECORDED AND 314
MAINTAINED BY DIVISION (D)(1) OF THIS SECTION, EXCEPT FOR 315
PURPOSES OF SECTION 4301.611 OF THE REVISED CODE. 316
(3) NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT 318
HOLDER SHALL USE A TRANSACTION SCAN DEVICE FOR A PURPOSE OTHER 319
THAN A PURPOSE LISTED IN DIVISION (A)(4)(a) OR (b) OF THIS 321
SECTION.
(4) NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT 323
HOLDER SHALL SELL OR OTHERWISE DISSEMINATE THE INFORMATION 324
DERIVED FROM A TRANSACTION SCAN TO ANY THIRD PARTY, INCLUDING, 325
BUT NOT LIMITED TO, SELLING OR OTHERWISE DISSEMINATING THAT 326
INFORMATION FOR ANY MARKETING, ADVERTISING, OR PROMOTIONAL 327
ACTIVITIES, BUT A PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT 328
HOLDER MAY RELEASE THAT INFORMATION PURSUANT TO A COURT ORDER OR 329
AS SPECIFICALLY AUTHORIZED BY SECTION 4301.611 OR ANOTHER SECTION 330
OF THE REVISED CODE.
(E) NOTHING IN THIS SECTION OR SECTION 4301.611 OF THE 332
REVISED CODE RELIEVES A PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF 333
A PERMIT HOLDER OF ANY RESPONSIBILITY TO COMPLY WITH ANY OTHER 334
APPLICABLE STATE OR FEDERAL LAWS OR RULES GOVERNING THE SALE OF 335
BEER, INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGES.
(F) WHOEVER VIOLATES DIVISION (B)(2) OR (D) OF THIS 338
9
SECTION IS GUILTY OF AN ILLEGAL LIQUOR TRANSACTION SCAN, AND THE 339
COURT MAY IMPOSE UPON THE OFFENDER A CIVIL PENALTY OF UP TO ONE 340
THOUSAND DOLLARS FOR EACH VIOLATION. THE CLERK OF THE COURT 341
SHALL PAY EACH COLLECTED CIVIL PENALTY TO THE COUNTY TREASURER 342
FOR DEPOSIT INTO THE COUNTY TREASURY. 343
Sec. 4301.611. (A) A PERMIT HOLDER OR AN AGENT OR 345
EMPLOYEE OF A PERMIT HOLDER MAY NOT BE FOUND GUILTY OF A CHARGE 347
OF A VIOLATION OF THIS CHAPTER OR ANY RULE OF THE LIQUOR CONTROL 349
COMMISSION IN WHICH THE AGE OF A PURCHASER OF ANY BEER, 350
INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE IS AN ELEMENT OF THE 352
ALLEGED VIOLATION, IF THE PERMIT HOLDER, AGENT, OR EMPLOYEE
RAISES AND PROVES AS AN AFFIRMATIVE DEFENSE THAT ALL OF THE 353
FOLLOWING OCCURRED:
(1) THE CARD HOLDER ATTEMPTING TO PURCHASE ANY BEER, 355
INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE PRESENTED A DRIVER'S 356
OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD. 358
(2) A TRANSACTION SCAN OF THE DRIVER'S OR COMMERCIAL 360
DRIVER'S LICENSE OR IDENTIFICATION CARD THAT THE CARD HOLDER 361
PRESENTED INDICATED THAT THE LICENSE OR CARD WAS VALID. 362
(3) THE BEER, INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE 364
WAS SOLD TO THE CARD HOLDER IN REASONABLE RELIANCE UPON THE 365
IDENTIFICATION PRESENTED AND THE COMPLETED TRANSACTION SCAN. 366
(B) IN DETERMINING WHETHER A PERMIT HOLDER OR AN AGENT OR 368
EMPLOYEE OF A PERMIT HOLDER HAS PROVEN THE AFFIRMATIVE DEFENSE 369
PROVIDED BY DIVISION (A) OF THIS SECTION, THE LIQUOR CONTROL 372
COMMISSION OR THE TRIER OF FACT IN A COURT OF RECORD SHALL 373
CONSIDER ANY WRITTEN POLICY THAT THE PERMIT HOLDER HAS ADOPTED 375
AND IMPLEMENTED AND THAT IS INTENDED TO PREVENT VIOLATIONS OF 377
DIVISION (A)(1) OR (2) OF SECTION 4301.22 AND OF SECTIONS 4301.63 378
TO 4301.636, 4301.69, AND 4301.691 OF THE REVISED CODE. FOR 379
PURPOSES OF DIVISION (A)(3) OF THIS SECTION, THE COMMISSION OR 380
TRIER OF FACT SHALL CONSIDER THAT REASONABLE RELIANCE UPON THE 381
IDENTIFICATION PRESENTED AND THE COMPLETED TRANSACTION SCAN MAY 382
REQUIRE A PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT 383
10
HOLDER TO EXERCISE REASONABLE DILIGENCE TO DETERMINE, AND THAT
THE USE OF A TRANSACTION SCAN DEVICE DOES NOT EXCUSE A PERMIT 386
HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER FROM EXERCISING 387
REASONABLE DILIGENCE TO DETERMINE, THE FOLLOWING: 388
(1) WHETHER A PERSON TO WHOM THE PERMIT HOLDER OR AGENT OR 390
EMPLOYEE OF A PERMIT HOLDER SELLS ANY BEER OR INTOXICATING LIQUOR 391
IS TWENTY-ONE YEARS OF AGE OR OLDER OR SELLS ANY LOW-ALCOHOL 392
BEVERAGE IS EIGHTEEN YEARS OF AGE OR OLDER; 393
(2) WHETHER THE DESCRIPTION AND PICTURE APPEARING ON THE 395
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 396
PRESENTED BY A CARD HOLDER IS THAT OF THE CARD HOLDER. 397
(C) THE AFFIRMATIVE DEFENSE PROVIDED BY DIVISION (A) OF 400
THIS SECTION IS IN ADDITION TO THE DEFENSE PROVIDED BY SECTION 401
4301.639 OF THE REVISED CODE. 402
(D) IN ANY HEARING BEFORE THE LIQUOR CONTROL COMMISSION 404
AND IN ANY CRIMINAL ACTION IN WHICH THE AFFIRMATIVE DEFENSE 406
PROVIDED BY DIVISION (A) OF THIS SECTION IS RAISED, THE REGISTRAR 407
OF MOTOR VEHICLES OR A DEPUTY REGISTRAR WHO ISSUED AN 408
IDENTIFICATION CARD UNDER SECTIONS 4507.50 TO 4507.52 OF THE 411
REVISED CODE SHALL BE PERMITTED TO SUBMIT CERTIFIED COPIES OF THE 413
RECORDS OF THAT ISSUANCE IN LIEU OF THE TESTIMONY OF THE 414
PERSONNEL OF OR CONTRACTORS WITH THE BUREAU OF MOTOR VEHICLES IN 415
THE HEARING OR ACTION. 416
Sec. 4301.62. (A) As used in this section: 425
(1) "Chauffeured limousine" means a vehicle registered 428
under section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same 431
meanings as in section 4511.01 of the Revised Code. 432
(B) No person shall have in the person's possession an 434
opened container of beer or intoxicating liquor in any of the 435
following circumstances: 436
(1) In a state liquor store; 438
(2) Except as provided in division (C) of this section, on 441
the premises of the holder of any permit issued by the division 442
11
of liquor control;
(3) In any other public place; 444
(4) Except as provided in division (D) of this section, 446
while operating or being a passenger in or on a motor vehicle on 448
any street, highway, or other public or private property open to 449
the public for purposes of vehicular travel or parking; 450
(5) Except as provided in division (D) of this section, 452
while being in or on a stationary motor vehicle on any street, 453
highway, or other public or private property open to the public 454
for purposes of vehicular travel or parking.
(C)(1) A person may have in the person's possession an 457
opened container of beer ANY OF THE FOLLOWING: 458
(a) BEER or intoxicating liquor that has been lawfully 461
purchased for consumption on the premises where bought of a FROM 462
THE holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, 464
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-7, 465
E, F, or F-2 permit, or beer;
(b) BEER, WINE, OR MIXED BEVERAGES SERVED FOR CONSUMPTION 467
ON THE PREMISES BY THE HOLDER OF AN F-3 PERMIT; 468
(c) BEER or intoxicating liquor consumed on the premises 472
of a convention facility as provided in section 4303.201 of the 473
Revised Code.
(2) A person may have in the person's possession on an F 476
liquor permit premises an opened container of beer or 477
intoxicating liquor that was not purchased from the holder of the 478
F permit if the premises for which the F permit is issued is a 481
music festival and the holder of the F permit grants permission 482
for such THAT possession on the premises during the period for 484
which the F permit is issued. As used in this division, "music 485
festival" means a series of outdoor live musical performances, 486
extending for a period of at least three consecutive days and 487
located on an area of land of at least forty acres. 488
(D) This section does not apply to a person who pays all 490
or a portion of the fee imposed for the use of a chauffeured 492
12
limousine pursuant to a prearranged contract, or the guest of the 493
person, when all of the following apply:
(1) The person or guest is a passenger in the limousine. 495
(2) The person or guest is located in the limousine, but is 497
not occupying a seat in the front compartment of the limousine 498
where the operator of the limousine is located. 499
(3) The limousine is located on any street, highway, or 501
other public or private property open to the public for purposes 502
of vehicular travel or parking. 503
Sec. 4301.639. (A) No permit holder, his agent or 512
employee OF A PERMIT HOLDER, or any other person may be found 514
guilty of a violation of any section of this chapter or any rule 515
of the liquor control commission in which age is an element of 517
the offense, if the liquor control commission or any court of 518
record finds all of the following:
(A)(1) That the person buying, at the time of so doing, 520
exhibited to the permit holder, his THE agent or employee OF THE 522
PERMIT HOLDER, or the other person a driver's or commercial 524
driver's license or an identification card issued under sections 525
4507.50 to 4507.52 of the Revised Code showing that the person 526
buying was then at least twenty-one years of age if he THE PERSON 527
was buying beer as defined in section 4301.01 of the Revised Code 528
or intoxicating liquor or that he THE PERSON was then at least 529
eighteen years of age if he THE PERSON was buying any low-alcohol 530
beverage;
(B)(2) That the permit holder, his THE agent or employee 533
OF THE PERMIT HOLDER, or the other person made a bona fide effort 535
to ascertain the true age of the person buying by checking the 536
identification presented, at the time of the purchase, to 537
ascertain that the description on the identification compared 538
with the appearance of the buyer and that the identification 539
presented had not been altered in any way;
(C)(3) That the permit holder, his THE agent or employee 542
OF THE PERMIT HOLDER, or the other person had reason to believe 544
13
that the person buying was of legal age.
(B) In any hearing before the liquor control commission 546
and in any action or proceeding before a court of record in which 547
a defense is raised under DIVISION (A) OF this section, the 548
registrar of motor vehicles or his deputy REGISTRAR who issued an 550
identification card under sections 4507.50 to 4507.52 of the 552
Revised Code shall be permitted to submit certified copies of the 553
records, in his THE REGISTRAR'S OR DEPUTY'S possession, of such 554
THAT issuance in lieu of the testimony of the personnel of OR 556
CONTRACTORS WITH the bureau of motor vehicles at such THE 558
hearing, action, or proceeding. 559
(C) THE DEFENSE PROVIDED BY DIVISION (A) OF THIS SECTION 561
IS IN ADDITION TO THE AFFIRMATIVE DEFENSE PROVIDED BY SECTION 562
4301.611 OF THE REVISED CODE.
Sec. 4303.182. (A) Except as otherwise provided in 572
DIVISIONS (B), (C), AND (D) OF this section, permit D-6 shall be 573
issued to the holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, 574
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 575
or D-7 permit to allow sale under such permit between the hours 576
of one p.m. and midnight on Sunday, if such THAT sale has been 577
authorized under section 4301.361 OR 4301.364 of the Revised Code 579
and under the restrictions of such THAT authorization. Permit 581
(B) PERMIT D-6 shall be issued to the holder of any 584
permit, including a D-4a and D-5d permit, authorizing the sale of 585
intoxicating liquor issued for a premises located at any publicly 586
owned airport, as defined in section 4563.01 of the Revised Code, 587
at which commercial airline companies operate regularly scheduled 588
flights on which space is available to the public, to allow sale 589
under such permit between the hours of one p.m. and midnight on 590
Sunday, whether or not such THAT sale has been authorized under 591
section 4301.361 OR 4301.364 of the Revised Code. Permit 592
(C) PERMIT D-6 shall be issued to the holder of a D-5a 594
permit, and to the holder of a D-3 or D-3a permit who is the 596
owner or operator of a hotel or motel THAT IS required to be 597
14
licensed under section 3731.03 of the Revised Code containing, 598
THAT CONTAINS at least fifty rooms for registered transient 600
guests, and which THAT has on its premises a restaurant licensed 602
pursuant to section 3717.43 of the Revised Code affiliated with 603
the hotel or motel and within or contiguous to the hotel or motel 604
and serving food within the hotel or motel, to allow sale under 605
such permit between the hours of one p.m. and midnight on Sunday, 606
whether or not such THAT sale has been authorized under section 607
4301.361 OR 4301.364 of the Revised Code. 608
(D) THE HOLDER OF A D-6 PERMIT THAT IS ISSUED TO A SPORTS 613
FACILITY MAY MAKE SALES UNDER THE PERMIT BETWEEN THE HOURS OF 614
ELEVEN a.m. AND MIDNIGHT ON ANY SUNDAY ON WHICH A PROFESSIONAL 615
BASEBALL, BASKETBALL, FOOTBALL, HOCKEY, OR SOCCER GAME IS BEING 616
PLAYED AT THE SPORTS FACILITY. AS USED IN THIS DIVISION, "SPORTS 617
FACILITY" MEANS A STADIUM OR ARENA THAT HAS A SEATING CAPACITY OF 618
AT LEAST FOUR THOUSAND AND THAT IS OWNED OR LEASED BY A 619
PROFESSIONAL BASEBALL, BASKETBALL, FOOTBALL, HOCKEY, OR SOCCER 621
FRANCHISE OR ANY COMBINATION OF THOSE FRANCHISES.
(E) If the restriction to licensed premises where the sale 624
of food and other goods and services exceeds fifty per cent of 625
the total gross receipts of the permit holder at the premises is 626
applicable, the division of liquor control may accept an 627
affidavit from the permit holder to show the proportion of the 628
permit holder's gross receipts derived from the sale of food and 629
other goods and services. If the liquor control commission 630
determines such THAT affidavit to have been false, it shall 631
revoke the permits of the permit holder at the premises 632
concerned. 633
(F) The fee for the D-6 permit is two hundred fifty 636
dollars when it is issued to the holder of an A-1-A, A-2, D-2, 637
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 638
D-5g, D-5h, D-5i, D-5j, or D-7 permit. The fee for the D-6 639
permit is two hundred dollars when it is issued to the holder of 640
a C-2 permit.
15
Sec. 4303.203. (A) AS USED IN THIS SECTION: 642
(1) "CONVENTION FACILITY" AND "NONPROFIT CORPORATION" HAVE 644
THE SAME MEANINGS AS IN SECTION 4303.201 OF THE REVISED CODE. 645
(2) "HOTEL" MEANS A HOTEL DESCRIBED IN SECTION 3731.01 OF 647
THE REVISED CODE THAT HAS AT LEAST FIFTY ROOMS FOR REGISTERED 648
TRANSIENT GUESTS AND THAT IS REQUIRED TO BE LICENSED PURSUANT TO 649
SECTION 3731.03 OF THE REVISED CODE. 650
(B) AN F-3 PERMIT MAY BE ISSUED TO AN ORGANIZATION WHOSE 652
PRIMARY PURPOSE IS TO SUPPORT, PROMOTE, AND EDUCATE MEMBERS OF 653
THE BEER, WINE, OR MIXED BEVERAGE INDUSTRIES, TO ALLOW THE 654
ORGANIZATION TO BRING BEER, WINE, OR MIXED BEVERAGES IN THEIR 655
ORIGINAL PACKAGES OR CONTAINERS INTO A CONVENTION FACILITY OR 656
HOTEL FOR CONSUMPTION IN THE FACILITY OR HOTEL, IF ALL OF THE 657
FOLLOWING REQUIREMENTS ARE MET:
(1) THE SUPERINTENDENT OF LIQUOR CONTROL IS SATISFIED THAT 659
THE ORGANIZATION IS A NONPROFIT ORGANIZATION AND THAT THE 661
ORGANIZATION'S MEMBERSHIP IS IN EXCESS OF TWO HUNDRED FIFTY 663
PERSONS.
(2) THE GENERAL MANAGER OR THE EQUIVALENT OFFICER OF THE 665
CONVENTION FACILITY OR HOTEL PROVIDES A WRITTEN CONSENT FOR THE 667
USE OF A PORTION OF THE FACILITY OR HOTEL BY THE ORGANIZATION AND 669
A WRITTEN STATEMENT THAT THE FACILITY'S OR HOTEL'S PERMIT 670
PRIVILEGES WILL BE SUSPENDED IN THE PORTION OF THE FACILITY OR
HOTEL IN WHICH THE F-3 PERMIT IS IN FORCE. 671
(3) THE ORGANIZATION PROVIDES A WRITTEN DESCRIPTION THAT 673
CLEARLY SETS FORTH THE PORTION OF THE CONVENTION FACILITY OR 674
HOTEL IN WHICH THE F-3 PERMIT WILL BE USED. 675
(4) THE ORGANIZATION PROVIDES A WRITTEN STATEMENT AS TO 677
ITS PRIMARY PURPOSE AND THE PURPOSE OF ITS EVENT AT THE 678
CONVENTION FACILITY OR HOTEL.
(5) DIVISION (C) OF THIS SECTION DOES NOT APPLY. 680
(C) NO F-3 PERMIT SHALL BE ISSUED TO ANY NONPROFIT 682
ORGANIZATION THAT IS CREATED BY OR FOR A SPECIFIC MANUFACTURER, 683
SUPPLIER, DISTRIBUTOR, OR RETAILER OF BEER, WINE, OR MIXED 684
16
BEVERAGES.
(D) NOTWITHSTANDING DIVISION (E) OF SECTION 4301.22 OF THE 687
REVISED CODE, A HOLDER OF AN F-3 PERMIT MAY OBTAIN BY DONATION 688
BEER, WINE, OR MIXED BEVERAGES FROM ANY MANUFACTURER OR PRODUCER 689
OF BEER, WINE, OR MIXED BEVERAGES.
(E) NOTHING IN THIS CHAPTER PROHIBITS THE HOLDER OF AN F-3 692
PERMIT FROM BRINGING INTO THE PORTION OF THE CONVENTION FACILITY
OR HOTEL COVERED BY THE PERMIT BEER, WINE, OR MIXED BEVERAGES 693
OTHERWISE NOT APPROVED FOR SALE IN THIS STATE. 694
(F) NOTWITHSTANDING DIVISION (E) OF SECTION 4301.22 OF THE 697
REVISED CODE, NO HOLDER OF AN F-3 PERMIT SHALL MAKE ANY CHARGE 698
FOR ANY BEER, WINE, OR MIXED BEVERAGE SERVED BY THE DRINK, OR IN 699
ITS ORIGINAL PACKAGE OR CONTAINER, IN CONNECTION WITH THE USE OF
THE PORTION OF THE CONVENTION FACILITY OR HOTEL COVERED BY THE 700
PERMIT.
(G) THE DIVISION OF LIQUOR CONTROL SHALL PREPARE AND MAKE 702
AVAILABLE AN F-3 PERMIT APPLICATION FORM AND MAY REQUIRE 703
APPLICANTS FOR THE PERMIT TO PROVIDE INFORMATION, IN ADDITION TO 704
THAT REQUIRED BY THIS SECTION, THAT IS NECESSARY FOR THE 705
ADMINISTRATION OF THIS SECTION.
(H) AN F-3 PERMIT SHALL BE EFFECTIVE FOR A PERIOD NOT TO 707
EXCEED FIVE CONSECUTIVE DAYS. THE DIVISION OF LIQUOR CONTROL 708
SHALL NOT ISSUE MORE THAN THREE F-3 PERMITS PER CALENDAR YEAR TO 709
THE SAME NONPROFIT ORGANIZATION. THE FEE FOR AN F-3 PERMIT IS 710
ONE HUNDRED FIFTY DOLLARS. 711
Sec. 4303.35. No holders of A-1-A, C-1, C-2, D-1, D-2, 720
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 721
D-5g, D-5h, D-5i, D-5j, or F, OR F-3 permits shall purchase any 723
beer or malt beverage subject to the tax imposed by sections 725
4301.42 and 4305.01 of the Revised Code or any wine or mixed 726
beverage subject to the tax imposed by section 4301.43 of the 727
Revised Code for resale, except from holders of A or B permits. 728
No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, 730
D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, or D-5j permits shall 732
17
purchase spirituous liquor for resale except from the division of 733
liquor control, unless with the special consent of the division 734
under particular regulations and markup provisions prescribed by 736
the superintendent of liquor control.
Section 2. That existing sections 4301.62, 4301.639, 738
4303.182, and 4303.35 of the Revised Code are hereby repealed. 739
Section 3. Section 4303.182 of the Revised Code is 742
presented in this act as a composite of the section as amended by 743
both Sub. H.B. 223 and Am. Sub. H.B. 283 of the 123rd General 744
Assembly, with the new language of neither of the acts shown in 745
capital letters. This is in recognition of the principle stated 746
in division (B) of section 1.52 of the Revised Code that such 747
amendments are to be harmonized where not substantively 748
irreconcilable and constitutes a legislative finding that such is 749
the resulting version in effect prior to the effective date of 750
this act.