As Passed by the House 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- 10
REPRESENTATIVES BUEHRER-TRAKAS-HEALY-GERBERRY-EVANS-MOTTLEY-
GOODMAN-WIDENER 11
_________________________________________________________________ 12
A B I L L
To amend sections 4301.62, 4301.639, 4303.182, and 14
4303.35 and to enact sections 2927.021, 2927.022, 15
4301.61, 4301.611, and 4303.203 of the Revised 16
Code to grant liquor permit holders and sellers 17
of tobacco products, and their agents and
employees, an affirmative defense against a 19
charge of selling or otherwise distributing
cigarettes or other tobacco products, or selling 20
beer, intoxicating liquor, or low-alcohol 21
beverages, to an underage person if a transaction 22
scan of the person's driver's or commercial 23
driver's license or Ohio identification card 24
indicates it is valid and the scan is reasonably
relied upon; to restrict the use of the 26
information obtained through a transaction scan;
to require the Registrar of Motor Vehicles to 27
adopt rules relating to the use of transaction 28
scan devices; to authorize the holder of a D-6 29
permit issued to a sports facility to make sales
between the hours of 11 a.m. and midnight on a 30
Sunday on which certain professional sports games 31
are being played at the sports facility; and to 32
create the F-3 permit to be issued to certain 33
nonprofit organizations to allow the serving of 34
beer, wine, or mixed beverages at a convention 35
2
facility or hotel for a period not to exceed five
consecutive days. 36
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
Section 1. That sections 4301.62, 4301.639, 4303.182, and 40
4303.35 be amended and sections 2927.021, 2927.022, 4301.61, 42
4301.611, and 4303.203 of the Revised Code be enacted to read as 43
follows:
Sec. 2927.021. (A) AS USED IN THIS SECTION AND SECTION 45
2927.022 OF THE REVISED CODE: 46
(1) "CARD HOLDER" MEANS ANY PERSON WHO PRESENTS A DRIVER'S 48
OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD TO A 49
SELLER, OR AN AGENT OR EMPLOYEE OF A SELLER, TO PURCHASE OR 51
RECEIVE CIGARETTES OR OTHER TOBACCO PRODUCTS FROM THE SELLER, 52
AGENT, OR EMPLOYEE.
(2) "IDENTIFICATION CARD" MEANS AN IDENTIFICATION CARD 54
ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE. 55
(3) "SELLER" MEANS A SELLER OF CIGARETTES OR OTHER TOBACCO 57
PRODUCTS AND INCLUDES ANY PERSON WHOSE GIFT OF OR OTHER 58
DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS IS SUBJECT 59
TO THE PROHIBITIONS OF SECTION 2927.02 OF THE REVISED CODE. 60
(4) "TRANSACTION SCAN" MEANS THE PROCESS BY WHICH A SELLER 62
OR AN AGENT OR EMPLOYEE OF A SELLER CHECKS, BY MEANS OF A 63
TRANSACTION SCAN DEVICE, THE VALIDITY OF A DRIVER'S OR COMMERCIAL 64
DRIVER'S LICENSE OR AN IDENTIFICATION CARD THAT IS PRESENTED AS A 65
CONDITION FOR PURCHASING OR RECEIVING CIGARETTES OR OTHER TOBACCO 67
PRODUCTS.
(5) "TRANSACTION SCAN DEVICE" MEANS ANY COMMERCIAL DEVICE 69
OR COMBINATION OF DEVICES USED AT A POINT OF SALE THAT IS CAPABLE 70
OF DECIPHERING IN AN ELECTRONICALLY READABLE FORMAT THE 71
INFORMATION ENCODED ON THE MAGNETIC STRIP OR BAR CODE OF A 72
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION 73
CARD.
3
(B)(1) A SELLER OR AN AGENT OR EMPLOYEE OF A SELLER MAY 76
PERFORM A TRANSACTION SCAN BY MEANS OF A TRANSACTION SCAN DEVICE 77
TO CHECK THE VALIDITY OF A DRIVER'S OR COMMERCIAL DRIVER'S 78
LICENSE OR IDENTIFICATION CARD PRESENTED BY A CARD HOLDER AS A 79
CONDITION FOR SELLING, GIVING AWAY, OR OTHERWISE DISTRIBUTING TO 80
THE CARD HOLDER CIGARETTES OR OTHER TOBACCO PRODUCTS. 82
(2) IF THE INFORMATION DECIPHERED BY THE TRANSACTION SCAN 84
PERFORMED UNDER DIVISION (B)(1) OF THIS SECTION FAILS TO MATCH 87
THE INFORMATION PRINTED ON THE DRIVER'S OR COMMERCIAL DRIVER'S
LICENSE OR IDENTIFICATION CARD PRESENTED BY THE CARD HOLDER, OR 89
IF THE TRANSACTION SCAN INDICATES THAT THE INFORMATION SO PRINTED 90
IS FALSE OR FRAUDULENT, NEITHER THE SELLER NOR ANY AGENT OR 91
EMPLOYEE OF THE SELLER SHALL SELL, GIVE AWAY, OR OTHERWISE
DISTRIBUTE ANY CIGARETTES OR OTHER TOBACCO PRODUCTS TO THE CARD 93
HOLDER.
(3) DIVISION (B)(1) OF THIS SECTION DOES NOT PRECLUDE A 96
SELLER OR AN AGENT OR EMPLOYEE OF A SELLER FROM USING A 98
TRANSACTION SCAN DEVICE TO CHECK THE VALIDITY OF A DOCUMENT OTHER
THAN A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN 99
IDENTIFICATION CARD, IF THE DOCUMENT INCLUDES A BAR CODE OR 100
MAGNETIC STRIP THAT MAY BE SCANNED BY THE DEVICE, AS A CONDITION 101
FOR SELLING, GIVING AWAY, OR OTHERWISE DISTRIBUTING CIGARETTES OR 102
OTHER TOBACCO PRODUCTS TO THE PERSON PRESENTING THE DOCUMENT. 103
(C) RULES ADOPTED BY THE REGISTRAR OF MOTOR VEHICLES UNDER 105
DIVISION (C) OF SECTION 4301.61 OF THE REVISED CODE APPLY TO THE 107
USE OF TRANSACTION SCAN DEVICES FOR PURPOSES OF THIS SECTION AND 108
SECTION 2927.022 OF THE REVISED CODE. 110
(D)(1) NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL 112
ELECTRONICALLY OR MECHANICALLY RECORD OR MAINTAIN ANY INFORMATION 113
DERIVED FROM A TRANSACTION SCAN, EXCEPT THE FOLLOWING: 115
(a) THE NAME AND DATE OF BIRTH OF THE PERSON LISTED ON THE 117
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 118
PRESENTED BY A CARD HOLDER; 119
(b) THE EXPIRATION DATE AND IDENTIFICATION NUMBER OF THE 121
4
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 122
PRESENTED BY A CARD HOLDER. 123
(2) NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL USE 125
THE INFORMATION THAT IS DERIVED FROM A TRANSACTION SCAN OR THAT 126
IS PERMITTED TO BE RECORDED AND MAINTAINED UNDER DIVISION (D)(1) 127
OF THIS SECTION, EXCEPT FOR PURPOSES OF SECTION 2927.022 OF THE 128
REVISED CODE. 129
(3) NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL USE A 131
TRANSACTION SCAN DEVICE FOR A PURPOSE OTHER THAN THE PURPOSE 132
SPECIFIED IN DIVISION (B)(1) OF THIS SECTION. 133
(4) NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL SELL 135
OR OTHERWISE DISSEMINATE THE INFORMATION DERIVED FROM A 136
TRANSACTION SCAN TO ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED 137
TO, SELLING OR OTHERWISE DISSEMINATING THAT INFORMATION FOR ANY 138
MARKETING, ADVERTISING, OR PROMOTIONAL ACTIVITIES, BUT A SELLER 139
OR AGENT OR EMPLOYEE OF A SELLER MAY RELEASE THAT INFORMATION 140
PURSUANT TO A COURT ORDER OR AS SPECIFICALLY AUTHORIZED BY 141
SECTION 2927.022 OR ANOTHER SECTION OF THE REVISED CODE.
(E) NOTHING IN THIS SECTION OR SECTION 2927.022 OF THE 144
REVISED CODE RELIEVES A SELLER OR AN AGENT OR EMPLOYEE OF A
SELLER OF ANY RESPONSIBILITY TO COMPLY WITH ANY OTHER APPLICABLE 145
STATE OR FEDERAL LAWS OR RULES GOVERNING THE SALE, GIVING AWAY, 146
OR OTHER DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS. 148
(F) WHOEVER VIOLATES DIVISION (B)(2) OR (D) OF THIS 151
SECTION IS GUILTY OF ENGAGING IN AN ILLEGAL TOBACCO PRODUCT 152
TRANSACTION SCAN, AND THE COURT MAY IMPOSE UPON THE OFFENDER A 153
CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS FOR EACH VIOLATION. 154
THE CLERK OF THE COURT SHALL PAY EACH COLLECTED CIVIL PENALTY TO 155
THE COUNTY TREASURER FOR DEPOSIT INTO THE COUNTY TREASURY. 156
Sec. 2927.022. (A) A SELLER OR AN AGENT OR EMPLOYEE OF A 158
SELLER MAY NOT BE FOUND GUILTY OF A CHARGE OF A VIOLATION OF 160
SECTION 2927.02 OF THE REVISED CODE IN WHICH THE AGE OF THE 163
PURCHASER OR OTHER RECIPIENT OF CIGARETTES OR OTHER TOBACCO 164
PRODUCTS IS AN ELEMENT OF THE ALLEGED VIOLATION, IF THE SELLER,
5
AGENT, OR EMPLOYEE RAISES AND PROVES AS AN AFFIRMATIVE DEFENSE 165
THAT ALL OF THE FOLLOWING OCCURRED: 166
(1) A CARD HOLDER ATTEMPTING TO PURCHASE OR RECEIVE 168
CIGARETTES OR OTHER TOBACCO PRODUCTS PRESENTED A DRIVER'S OR 170
COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD. 171
(2) A TRANSACTION SCAN OF THE DRIVER'S OR COMMERCIAL 173
DRIVER'S LICENSE OR IDENTIFICATION CARD THAT THE CARD HOLDER 174
PRESENTED INDICATED THAT THE LICENSE OR CARD WAS VALID. 175
(3) THE CIGARETTES OR OTHER TOBACCO PRODUCTS WERE SOLD, 177
GIVEN AWAY, OR OTHERWISE DISTRIBUTED TO THE CARD HOLDER IN 178
REASONABLE RELIANCE UPON THE IDENTIFICATION PRESENTED AND THE 180
COMPLETED TRANSACTION SCAN.
(B) IN DETERMINING WHETHER A SELLER OR AN AGENT OR 182
EMPLOYEE OF A SELLER HAS PROVEN THE AFFIRMATIVE DEFENSE PROVIDED 183
BY DIVISION (A) OF THIS SECTION, THE TRIER OF FACT IN THE ACTION 185
FOR THE ALLEGED VIOLATION OF SECTION 2927.02 OF THE REVISED CODE 186
SHALL CONSIDER ANY WRITTEN POLICY THAT THE SELLER HAS ADOPTED AND 187
IMPLEMENTED AND THAT IS INTENDED TO PREVENT VIOLATIONS OF SECTION 188
2927.02 OF THE REVISED CODE. FOR PURPOSES OF DIVISION (A)(3) OF 189
THIS SECTION, THE TRIER OF FACT SHALL CONSIDER THAT REASONABLE 190
RELIANCE UPON THE IDENTIFICATION PRESENTED AND THE COMPLETED 191
TRANSACTION SCAN MAY REQUIRE A SELLER OR AN AGENT OR EMPLOYEE OF
A SELLER TO EXERCISE REASONABLE DILIGENCE TO DETERMINE, AND THAT 192
THE USE OF A TRANSACTION SCAN DEVICE DOES NOT EXCUSE A SELLER OR 193
AN AGENT OR EMPLOYEE OF A SELLER FROM EXERCISING REASONABLE 194
DILIGENCE TO DETERMINE, THE FOLLOWING:
(1) WHETHER A PERSON TO WHOM THE SELLER OR AGENT OR 196
EMPLOYEE OF A SELLER SELLS, GIVES AWAY, OR OTHERWISE DISTRIBUTES 197
CIGARETTES OR OTHER TOBACCO PRODUCTS IS EIGHTEEN YEARS OF AGE OR 199
OLDER;
(2) WHETHER THE DESCRIPTION AND PICTURE APPEARING ON THE 201
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 202
PRESENTED BY A CARD HOLDER IS THAT OF THE CARD HOLDER. 203
(C) IN ANY CRIMINAL ACTION IN WHICH THE AFFIRMATIVE 206
6
DEFENSE PROVIDED BY DIVISION (A) OF THIS SECTION IS RAISED, THE 207
REGISTRAR OF MOTOR VEHICLES OR A DEPUTY REGISTRAR WHO ISSUED AN 208
IDENTIFICATION CARD UNDER SECTIONS 4507.50 TO 4507.52 OF THE 210
REVISED CODE SHALL BE PERMITTED TO SUBMIT CERTIFIED COPIES OF THE 211
RECORDS OF THAT ISSUANCE IN LIEU OF THE TESTIMONY OF THE 213
PERSONNEL OF OR CONTRACTORS WITH THE BUREAU OF MOTOR VEHICLES IN 214
THE ACTION.
Sec. 4301.61. (A) AS USED IN THIS SECTION AND SECTION 216
4301.611 OF THE REVISED CODE: 217
(1) "CARD HOLDER" MEANS ANY PERSON WHO PRESENTS A DRIVER'S 219
OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD TO A 220
PERMIT HOLDER, OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER, FOR 221
EITHER OF THE PURPOSES LISTED IN DIVISION (A)(4)(a) OR (b) OF 223
THIS SECTION.
(2) "IDENTIFICATION CARD" MEANS AN IDENTIFICATION CARD 225
ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE. 226
(3) "PERMIT HOLDER" MEANS THE HOLDER OF A PERMIT ISSUED 228
UNDER CHAPTER 4303. OF THE REVISED CODE. 230
(4) "TRANSACTION SCAN" MEANS THE PROCESS BY WHICH A PERMIT 232
HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER CHECKS, BY 233
MEANS OF A TRANSACTION SCAN DEVICE, THE VALIDITY OF A DRIVER'S OR 234
COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD THAT IS 235
PRESENTED AS A CONDITION FOR DOING EITHER OF THE FOLLOWING: 236
(a) PURCHASING ANY BEER, INTOXICATING LIQUOR, OR 238
LOW-ALCOHOL BEVERAGE; 239
(b) GAINING ADMISSION TO A PREMISES THAT HAS BEEN ISSUED A 241
LIQUOR PERMIT AUTHORIZING THE SALE OF BEER OR INTOXICATING LIQUOR 243
FOR CONSUMPTION ON THE PREMISES WHERE SOLD, AND WHERE ADMISSION 245
IS RESTRICTED TO PERSONS TWENTY-ONE YEARS OF AGE OR OLDER. 246
(5) "TRANSACTION SCAN DEVICE" MEANS ANY COMMERCIAL DEVICE 248
OR COMBINATION OF DEVICES USED AT A POINT OF SALE THAT IS CAPABLE 249
OF DECIPHERING IN AN ELECTRONICALLY READABLE FORMAT THE 250
INFORMATION ENCODED ON THE MAGNETIC STRIP OR BAR CODE OF A 251
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION 252
7
CARD.
(B)(1) A PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT 255
HOLDER MAY PERFORM A TRANSACTION SCAN BY MEANS OF A TRANSACTION 256
SCAN DEVICE TO CHECK THE VALIDITY OF A DRIVER'S OR COMMERCIAL 257
DRIVER'S LICENSE OR IDENTIFICATION CARD PRESENTED BY A CARD 258
HOLDER FOR EITHER OF THE PURPOSES LISTED IN DIVISION (A)(4)(a) OR 260
(b) OF THIS SECTION.
(2) IF THE INFORMATION DECIPHERED BY THE TRANSACTION SCAN 262
PERFORMED UNDER DIVISION (B)(1) OF THIS SECTION FAILS TO MATCH 265
THE INFORMATION PRINTED ON THE DRIVER'S OR COMMERCIAL DRIVER'S
LICENSE OR IDENTIFICATION CARD PRESENTED BY THE CARD HOLDER, OR 267
IF THE TRANSACTION SCAN INDICATES THAT THE INFORMATION SO PRINTED 268
IS FALSE OR FRAUDULENT, NEITHER THE PERMIT HOLDER NOR ANY AGENT 269
OR EMPLOYEE OF THE PERMIT HOLDER SHALL SELL ANY BEER, 270
INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE TO THE CARD HOLDER.
(3) DIVISION (B)(1) OF THIS SECTION DOES NOT PRECLUDE A 273
PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER FROM 274
USING A TRANSACTION SCAN DEVICE TO CHECK THE VALIDITY OF A 275
DOCUMENT OTHER THAN A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR 276
AN IDENTIFICATION CARD, IF THE DOCUMENT INCLUDES A BAR CODE OR 277
MAGNETIC STRIP THAT MAY BE SCANNED BY THE DEVICE, AS A CONDITION 278
OF A SALE OF BEER, INTOXICATING LIQUOR, OR A LOW-ALCOHOL BEVERAGE 279
OR OF GRANTING ADMISSION TO A PREMISES DESCRIBED IN DIVISION 280
(A)(4) OF THIS SECTION. 281
(C) THE REGISTRAR OF MOTOR VEHICLES, WITH THE APPROVAL OF 283
THE LIQUOR CONTROL COMMISSION, SHALL ADOPT, AND MAY AMEND OR 284
RESCIND, RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 285
CODE THAT DO BOTH OF THE FOLLOWING: 287
(1) GOVERN THE RECORDING AND MAINTENANCE OF INFORMATION 289
DESCRIBED IN DIVISIONS (D)(1)(a) AND (b) OF THIS SECTION AND 291
DIVISIONS (D)(1)(a) AND (b) OF SECTION 2927.021 OF THE REVISED 293
CODE;
(2) ENSURE QUALITY CONTROL IN THE USE OF TRANSACTION SCAN 295
DEVICES UNDER THIS SECTION AND SECTIONS 2927.021, 2927.022, AND 296
8
4301.611 OF THE REVISED CODE. 297
(D)(1) NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT 299
HOLDER SHALL ELECTRONICALLY OR MECHANICALLY RECORD OR MAINTAIN 300
ANY INFORMATION DERIVED FROM A TRANSACTION SCAN, EXCEPT THE 302
FOLLOWING:
(a) THE NAME AND DATE OF BIRTH OF THE PERSON LISTED ON THE 304
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 305
PRESENTED BY A CARD HOLDER; 306
(b) THE EXPIRATION DATE AND IDENTIFICATION NUMBER OF THE 308
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 310
PRESENTED BY A CARD HOLDER. 311
(2) NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT 313
HOLDER SHALL USE THE INFORMATION THAT IS DERIVED FROM A 314
TRANSACTION SCAN OR THAT IS PERMITTED TO BE RECORDED AND 315
MAINTAINED BY DIVISION (D)(1) OF THIS SECTION, EXCEPT FOR 316
PURPOSES OF SECTION 4301.611 OF THE REVISED CODE. 317
(3) NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT 319
HOLDER SHALL USE A TRANSACTION SCAN DEVICE FOR A PURPOSE OTHER 320
THAN A PURPOSE LISTED IN DIVISION (A)(4)(a) OR (b) OF THIS 322
SECTION.
(4) NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT 324
HOLDER SHALL SELL OR OTHERWISE DISSEMINATE THE INFORMATION 325
DERIVED FROM A TRANSACTION SCAN TO ANY THIRD PARTY, INCLUDING, 326
BUT NOT LIMITED TO, SELLING OR OTHERWISE DISSEMINATING THAT 327
INFORMATION FOR ANY MARKETING, ADVERTISING, OR PROMOTIONAL 328
ACTIVITIES, BUT A PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT 329
HOLDER MAY RELEASE THAT INFORMATION PURSUANT TO A COURT ORDER OR 330
AS SPECIFICALLY AUTHORIZED BY SECTION 4301.611 OR ANOTHER SECTION 331
OF THE REVISED CODE.
(E) NOTHING IN THIS SECTION OR SECTION 4301.611 OF THE 333
REVISED CODE RELIEVES A PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF 334
A PERMIT HOLDER OF ANY RESPONSIBILITY TO COMPLY WITH ANY OTHER 335
APPLICABLE STATE OR FEDERAL LAWS OR RULES GOVERNING THE SALE OF 336
BEER, INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGES.
9
(F) WHOEVER VIOLATES DIVISION (B)(2) OR (D) OF THIS 339
SECTION IS GUILTY OF AN ILLEGAL LIQUOR TRANSACTION SCAN, AND THE 340
COURT MAY IMPOSE UPON THE OFFENDER A CIVIL PENALTY OF UP TO ONE 341
THOUSAND DOLLARS FOR EACH VIOLATION. THE CLERK OF THE COURT 342
SHALL PAY EACH COLLECTED CIVIL PENALTY TO THE COUNTY TREASURER 343
FOR DEPOSIT INTO THE COUNTY TREASURY. 344
Sec. 4301.611. (A) A PERMIT HOLDER OR AN AGENT OR 346
EMPLOYEE OF A PERMIT HOLDER MAY NOT BE FOUND GUILTY OF A CHARGE 348
OF A VIOLATION OF THIS CHAPTER OR ANY RULE OF THE LIQUOR CONTROL 350
COMMISSION IN WHICH THE AGE OF A PURCHASER OF ANY BEER, 351
INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE IS AN ELEMENT OF THE 353
ALLEGED VIOLATION, IF THE PERMIT HOLDER, AGENT, OR EMPLOYEE
RAISES AND PROVES AS AN AFFIRMATIVE DEFENSE THAT ALL OF THE 354
FOLLOWING OCCURRED:
(1) THE CARD HOLDER ATTEMPTING TO PURCHASE ANY BEER, 356
INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE PRESENTED A DRIVER'S 357
OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD. 359
(2) A TRANSACTION SCAN OF THE DRIVER'S OR COMMERCIAL 361
DRIVER'S LICENSE OR IDENTIFICATION CARD THAT THE CARD HOLDER 362
PRESENTED INDICATED THAT THE LICENSE OR CARD WAS VALID. 363
(3) THE BEER, INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE 365
WAS SOLD TO THE CARD HOLDER IN REASONABLE RELIANCE UPON THE 366
IDENTIFICATION PRESENTED AND THE COMPLETED TRANSACTION SCAN. 367
(B) IN DETERMINING WHETHER A PERMIT HOLDER OR AN AGENT OR 369
EMPLOYEE OF A PERMIT HOLDER HAS PROVEN THE AFFIRMATIVE DEFENSE 370
PROVIDED BY DIVISION (A) OF THIS SECTION, THE LIQUOR CONTROL 373
COMMISSION OR THE TRIER OF FACT IN A COURT OF RECORD SHALL 374
CONSIDER ANY WRITTEN POLICY THAT THE PERMIT HOLDER HAS ADOPTED 376
AND IMPLEMENTED AND THAT IS INTENDED TO PREVENT VIOLATIONS OF 378
DIVISION (A)(1) OR (2) OF SECTION 4301.22 AND OF SECTIONS 4301.63 379
TO 4301.636, 4301.69, AND 4301.691 OF THE REVISED CODE. FOR 380
PURPOSES OF DIVISION (A)(3) OF THIS SECTION, THE COMMISSION OR 381
TRIER OF FACT SHALL CONSIDER THAT REASONABLE RELIANCE UPON THE 382
IDENTIFICATION PRESENTED AND THE COMPLETED TRANSACTION SCAN MAY 383
10
REQUIRE A PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT 384
HOLDER TO EXERCISE REASONABLE DILIGENCE TO DETERMINE, AND THAT
THE USE OF A TRANSACTION SCAN DEVICE DOES NOT EXCUSE A PERMIT 387
HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER FROM EXERCISING 388
REASONABLE DILIGENCE TO DETERMINE, THE FOLLOWING: 389
(1) WHETHER A PERSON TO WHOM THE PERMIT HOLDER OR AGENT OR 391
EMPLOYEE OF A PERMIT HOLDER SELLS ANY BEER OR INTOXICATING LIQUOR 392
IS TWENTY-ONE YEARS OF AGE OR OLDER OR SELLS ANY LOW-ALCOHOL 393
BEVERAGE IS EIGHTEEN YEARS OF AGE OR OLDER; 394
(2) WHETHER THE DESCRIPTION AND PICTURE APPEARING ON THE 396
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD 397
PRESENTED BY A CARD HOLDER IS THAT OF THE CARD HOLDER. 398
(C) THE AFFIRMATIVE DEFENSE PROVIDED BY DIVISION (A) OF 401
THIS SECTION IS IN ADDITION TO THE DEFENSE PROVIDED BY SECTION 402
4301.639 OF THE REVISED CODE. 403
(D) IN ANY HEARING BEFORE THE LIQUOR CONTROL COMMISSION 405
AND IN ANY CRIMINAL ACTION IN WHICH THE AFFIRMATIVE DEFENSE 407
PROVIDED BY DIVISION (A) OF THIS SECTION IS RAISED, THE REGISTRAR 408
OF MOTOR VEHICLES OR A DEPUTY REGISTRAR WHO ISSUED AN 409
IDENTIFICATION CARD UNDER SECTIONS 4507.50 TO 4507.52 OF THE 412
REVISED CODE SHALL BE PERMITTED TO SUBMIT CERTIFIED COPIES OF THE 414
RECORDS OF THAT ISSUANCE IN LIEU OF THE TESTIMONY OF THE 415
PERSONNEL OF OR CONTRACTORS WITH THE BUREAU OF MOTOR VEHICLES IN 416
THE HEARING OR ACTION. 417
Sec. 4301.62. (A) As used in this section: 426
(1) "Chauffeured limousine" means a vehicle registered 429
under section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same 432
meanings as in section 4511.01 of the Revised Code. 433
(B) No person shall have in the person's possession an 435
opened container of beer or intoxicating liquor in any of the 436
following circumstances: 437
(1) In a state liquor store; 439
(2) Except as provided in division (C) of this section, on 442
11
the premises of the holder of any permit issued by the division 443
of liquor control;
(3) In any other public place; 445
(4) Except as provided in division (D) of this section, 447
while operating or being a passenger in or on a motor vehicle on 449
any street, highway, or other public or private property open to 450
the public for purposes of vehicular travel or parking; 451
(5) Except as provided in division (D) of this section, 453
while being in or on a stationary motor vehicle on any street, 454
highway, or other public or private property open to the public 455
for purposes of vehicular travel or parking.
(C)(1) A person may have in the person's possession an 458
opened container of beer ANY OF THE FOLLOWING: 459
(a) BEER or intoxicating liquor that has been lawfully 462
purchased for consumption on the premises where bought of a FROM 463
THE holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, 465
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-7, 466
E, F, or F-2 permit, or beer;
(b) BEER, WINE, OR MIXED BEVERAGES SERVED FOR CONSUMPTION 468
ON THE PREMISES BY THE HOLDER OF AN F-3 PERMIT; 469
(c) BEER or intoxicating liquor consumed on the premises 473
of a convention facility as provided in section 4303.201 of the 474
Revised Code.
(2) A person may have in the person's possession on an F 477
liquor permit premises an opened container of beer or 478
intoxicating liquor that was not purchased from the holder of the 479
F permit if the premises for which the F permit is issued is a 482
music festival and the holder of the F permit grants permission 483
for such THAT possession on the premises during the period for 485
which the F permit is issued. As used in this division, "music 486
festival" means a series of outdoor live musical performances, 487
extending for a period of at least three consecutive days and 488
located on an area of land of at least forty acres. 489
(D) This section does not apply to a person who pays all 491
12
or a portion of the fee imposed for the use of a chauffeured 493
limousine pursuant to a prearranged contract, or the guest of the 494
person, when all of the following apply:
(1) The person or guest is a passenger in the limousine. 496
(2) The person or guest is located in the limousine, but is 498
not occupying a seat in the front compartment of the limousine 499
where the operator of the limousine is located. 500
(3) The limousine is located on any street, highway, or 502
other public or private property open to the public for purposes 503
of vehicular travel or parking. 504
Sec. 4301.639. (A) No permit holder, his agent or 513
employee OF A PERMIT HOLDER, or any other person may be found 515
guilty of a violation of any section of this chapter or any rule 516
of the liquor control commission in which age is an element of 518
the offense, if the liquor control commission or any court of 519
record finds all of the following:
(A)(1) That the person buying, at the time of so doing, 521
exhibited to the permit holder, his THE agent or employee OF THE 523
PERMIT HOLDER, or the other person a driver's or commercial 525
driver's license or an identification card issued under sections 526
4507.50 to 4507.52 of the Revised Code showing that the person 527
buying was then at least twenty-one years of age if he THE PERSON 528
was buying beer as defined in section 4301.01 of the Revised Code 529
or intoxicating liquor or that he THE PERSON was then at least 530
eighteen years of age if he THE PERSON was buying any low-alcohol 531
beverage;
(B)(2) That the permit holder, his THE agent or employee 534
OF THE PERMIT HOLDER, or the other person made a bona fide effort 536
to ascertain the true age of the person buying by checking the 537
identification presented, at the time of the purchase, to 538
ascertain that the description on the identification compared 539
with the appearance of the buyer and that the identification 540
presented had not been altered in any way;
(C)(3) That the permit holder, his THE agent or employee 543
13
OF THE PERMIT HOLDER, or the other person had reason to believe 545
that the person buying was of legal age.
(B) In any hearing before the liquor control commission 547
and in any action or proceeding before a court of record in which 548
a defense is raised under DIVISION (A) OF this section, the 549
registrar of motor vehicles or his deputy REGISTRAR who issued an 551
identification card under sections 4507.50 to 4507.52 of the 553
Revised Code shall be permitted to submit certified copies of the 554
records, in his THE REGISTRAR'S OR DEPUTY'S possession, of such 555
THAT issuance in lieu of the testimony of the personnel of OR 557
CONTRACTORS WITH the bureau of motor vehicles at such THE 559
hearing, action, or proceeding. 560
(C) THE DEFENSE PROVIDED BY DIVISION (A) OF THIS SECTION 562
IS IN ADDITION TO THE AFFIRMATIVE DEFENSE PROVIDED BY SECTION 563
4301.611 OF THE REVISED CODE.
Sec. 4303.182. (A) Except as otherwise provided in 573
DIVISIONS (B), (C), AND (D) OF this section, permit D-6 shall be 574
issued to the holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, 575
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 576
or D-7 permit to allow sale under such permit between the hours 577
of one p.m. and midnight on Sunday, if such THAT sale has been 578
authorized under section 4301.361 OR 4301.364 of the Revised Code 580
and under the restrictions of such THAT authorization. Permit 582
(B) PERMIT D-6 shall be issued to the holder of any 585
permit, including a D-4a and D-5d permit, authorizing the sale of 586
intoxicating liquor issued for a premises located at any publicly 587
owned airport, as defined in section 4563.01 of the Revised Code, 588
at which commercial airline companies operate regularly scheduled 589
flights on which space is available to the public, to allow sale 590
under such permit between the hours of one p.m. and midnight on 591
Sunday, whether or not such THAT sale has been authorized under 592
section 4301.361 OR 4301.364 of the Revised Code. Permit 593
(C) PERMIT D-6 shall be issued to the holder of a D-5a 595
permit, and to the holder of a D-3 or D-3a permit who is the 597
14
owner or operator of a hotel or motel THAT IS required to be 598
licensed under section 3731.03 of the Revised Code containing, 599
THAT CONTAINS at least fifty rooms for registered transient 601
guests, and which THAT has on its premises a restaurant licensed 603
pursuant to section 3717.43 of the Revised Code affiliated with 604
the hotel or motel and within or contiguous to the hotel or motel 605
and serving food within the hotel or motel, to allow sale under 606
such permit between the hours of one p.m. and midnight on Sunday, 607
whether or not such THAT sale has been authorized under section 608
4301.361 OR 4301.364 of the Revised Code. 609
(D) THE HOLDER OF A D-6 PERMIT THAT IS ISSUED TO A SPORTS 614
FACILITY MAY MAKE SALES UNDER THE PERMIT BETWEEN THE HOURS OF 615
ELEVEN a.m. AND MIDNIGHT ON ANY SUNDAY ON WHICH A PROFESSIONAL 616
BASEBALL, BASKETBALL, FOOTBALL, HOCKEY, OR SOCCER GAME IS BEING 617
PLAYED AT THE SPORTS FACILITY. AS USED IN THIS DIVISION, "SPORTS 618
FACILITY" MEANS A STADIUM OR ARENA THAT HAS A SEATING CAPACITY OF 619
AT LEAST FOUR THOUSAND AND THAT IS OWNED OR LEASED BY A 620
PROFESSIONAL BASEBALL, BASKETBALL, FOOTBALL, HOCKEY, OR SOCCER 622
FRANCHISE OR ANY COMBINATION OF THOSE FRANCHISES.
(E) If the restriction to licensed premises where the sale 625
of food and other goods and services exceeds fifty per cent of 626
the total gross receipts of the permit holder at the premises is 627
applicable, the division of liquor control may accept an 628
affidavit from the permit holder to show the proportion of the 629
permit holder's gross receipts derived from the sale of food and 630
other goods and services. If the liquor control commission 631
determines such THAT affidavit to have been false, it shall 632
revoke the permits of the permit holder at the premises 633
concerned. 634
(F) The fee for the D-6 permit is two hundred fifty 637
dollars when it is issued to the holder of an A-1-A, A-2, D-2, 638
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 639
D-5g, D-5h, D-5i, D-5j, or D-7 permit. The fee for the D-6 640
permit is two hundred dollars when it is issued to the holder of 641
15
a C-2 permit.
Sec. 4303.203. (A) AS USED IN THIS SECTION: 643
(1) "CONVENTION FACILITY" AND "NONPROFIT CORPORATION" HAVE 645
THE SAME MEANINGS AS IN SECTION 4303.201 OF THE REVISED CODE. 646
(2) "HOTEL" MEANS A HOTEL DESCRIBED IN SECTION 3731.01 OF 648
THE REVISED CODE THAT HAS AT LEAST FIFTY ROOMS FOR REGISTERED 649
TRANSIENT GUESTS AND THAT IS REQUIRED TO BE LICENSED PURSUANT TO 650
SECTION 3731.03 OF THE REVISED CODE. 651
(B) AN F-3 PERMIT MAY BE ISSUED TO AN ORGANIZATION WHOSE 653
PRIMARY PURPOSE IS TO SUPPORT, PROMOTE, AND EDUCATE MEMBERS OF 654
THE BEER, WINE, OR MIXED BEVERAGE INDUSTRIES, TO ALLOW THE 655
ORGANIZATION TO BRING BEER, WINE, OR MIXED BEVERAGES IN THEIR 656
ORIGINAL PACKAGES OR CONTAINERS INTO A CONVENTION FACILITY OR 657
HOTEL FOR CONSUMPTION IN THE FACILITY OR HOTEL, IF ALL OF THE 658
FOLLOWING REQUIREMENTS ARE MET:
(1) THE SUPERINTENDENT OF LIQUOR CONTROL IS SATISFIED THAT 660
THE ORGANIZATION IS A NONPROFIT ORGANIZATION AND THAT THE 662
ORGANIZATION'S MEMBERSHIP IS IN EXCESS OF TWO HUNDRED FIFTY 664
PERSONS.
(2) THE GENERAL MANAGER OR THE EQUIVALENT OFFICER OF THE 666
CONVENTION FACILITY OR HOTEL PROVIDES A WRITTEN CONSENT FOR THE 668
USE OF A PORTION OF THE FACILITY OR HOTEL BY THE ORGANIZATION AND 670
A WRITTEN STATEMENT THAT THE FACILITY'S OR HOTEL'S PERMIT 671
PRIVILEGES WILL BE SUSPENDED IN THE PORTION OF THE FACILITY OR
HOTEL IN WHICH THE F-3 PERMIT IS IN FORCE. 672
(3) THE ORGANIZATION PROVIDES A WRITTEN DESCRIPTION THAT 674
CLEARLY SETS FORTH THE PORTION OF THE CONVENTION FACILITY OR 675
HOTEL IN WHICH THE F-3 PERMIT WILL BE USED. 676
(4) THE ORGANIZATION PROVIDES A WRITTEN STATEMENT AS TO 678
ITS PRIMARY PURPOSE AND THE PURPOSE OF ITS EVENT AT THE 679
CONVENTION FACILITY OR HOTEL.
(5) DIVISION (C) OF THIS SECTION DOES NOT APPLY. 681
(C) NO F-3 PERMIT SHALL BE ISSUED TO ANY NONPROFIT 683
ORGANIZATION THAT IS CREATED BY OR FOR A SPECIFIC MANUFACTURER, 684
16
SUPPLIER, DISTRIBUTOR, OR RETAILER OF BEER, WINE, OR MIXED 685
BEVERAGES.
(D) NOTWITHSTANDING DIVISION (E) OF SECTION 4301.22 OF THE 688
REVISED CODE, A HOLDER OF AN F-3 PERMIT MAY OBTAIN BY DONATION 689
BEER, WINE, OR MIXED BEVERAGES FROM ANY MANUFACTURER OR PRODUCER 690
OF BEER, WINE, OR MIXED BEVERAGES.
(E) NOTHING IN THIS CHAPTER PROHIBITS THE HOLDER OF AN F-3 693
PERMIT FROM BRINGING INTO THE PORTION OF THE CONVENTION FACILITY
OR HOTEL COVERED BY THE PERMIT BEER, WINE, OR MIXED BEVERAGES 694
OTHERWISE NOT APPROVED FOR SALE IN THIS STATE. 695
(F) NOTWITHSTANDING DIVISION (E) OF SECTION 4301.22 OF THE 698
REVISED CODE, NO HOLDER OF AN F-3 PERMIT SHALL MAKE ANY CHARGE 699
FOR ANY BEER, WINE, OR MIXED BEVERAGE SERVED BY THE DRINK, OR IN 700
ITS ORIGINAL PACKAGE OR CONTAINER, IN CONNECTION WITH THE USE OF
THE PORTION OF THE CONVENTION FACILITY OR HOTEL COVERED BY THE 701
PERMIT.
(G) THE DIVISION OF LIQUOR CONTROL SHALL PREPARE AND MAKE 703
AVAILABLE AN F-3 PERMIT APPLICATION FORM AND MAY REQUIRE 704
APPLICANTS FOR THE PERMIT TO PROVIDE INFORMATION, IN ADDITION TO 705
THAT REQUIRED BY THIS SECTION, THAT IS NECESSARY FOR THE 706
ADMINISTRATION OF THIS SECTION.
(H) AN F-3 PERMIT SHALL BE EFFECTIVE FOR A PERIOD NOT TO 708
EXCEED FIVE CONSECUTIVE DAYS. THE DIVISION OF LIQUOR CONTROL 709
SHALL NOT ISSUE MORE THAN THREE F-3 PERMITS PER CALENDAR YEAR TO 710
THE SAME NONPROFIT ORGANIZATION. THE FEE FOR AN F-3 PERMIT IS 711
ONE HUNDRED FIFTY DOLLARS. 712
Sec. 4303.35. No holders of A-1-A, C-1, C-2, D-1, D-2, 721
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 722
D-5g, D-5h, D-5i, D-5j, or F, OR F-3 permits shall purchase any 724
beer or malt beverage subject to the tax imposed by sections 726
4301.42 and 4305.01 of the Revised Code or any wine or mixed 727
beverage subject to the tax imposed by section 4301.43 of the 728
Revised Code for resale, except from holders of A or B permits. 729
No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, 731
17
D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, or D-5j permits shall 733
purchase spirituous liquor for resale except from the division of 734
liquor control, unless with the special consent of the division 735
under particular regulations and markup provisions prescribed by 737
the superintendent of liquor control.
Section 2. That existing sections 4301.62, 4301.639, 739
4303.182, and 4303.35 of the Revised Code are hereby repealed. 740
Section 3. Section 4303.182 of the Revised Code is 743
presented in this act as a composite of the section as amended by 744
both Sub. H.B. 223 and Am. Sub. H.B. 283 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 is 750
the resulting version in effect prior to the effective date of 751
this act.