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.