As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 262 5
1999-2000 6
SENATOR GARDNER 8
_________________________________________________________________ 10
A B I L L
To amend sections 4301.17, 4301.333, 4301.351, 12
4301.354, 4301.355, 4301.361, 4301.364, 4301.365, 13
4301.37, 4301.62, 4303.07, 4303.10, 4303.11,
4303.12, 4303.182, 4303.30, 4303.35, and 4399.12, 14
and to enact section 4303.184 of the Revised Code 15
to allow C-1, C-2, and C-2x permit holders to 16
sell tasting samples of the alcoholic beverages
they are authorized to sell, to create the D-8 17
permit to be issued to certain retail stores to 18
allow the sale of tasting samples of beer, wine,
and mixed beverages, to allow agency stores to 19
sell spirituous liquor in 50 milliliter 20
containers under certain conditions, to allow 21
local option elections on the Sunday sale of
intoxicating liquor between the hours of 10 a.m. 22
and midnight, and to make changes in the law 23
governing local option elections on beer and
liquor sales at a specific premises. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 4301.17, 4301.333, 4301.351, 28
4301.354, 4301.355, 4301.361, 4301.364, 4301.365, 4301.37, 29
4301.62, 4303.07, 4303.10, 4303.11, 4303.12, 4303.182, 4303.30, 30
4303.35, and 4399.12 be amended and section 4303.184 of the 31
Revised Code be enacted to read as follows:
Sec. 4301.17. (A)(1) Subject to local option as provided 40
in sections 4301.32 to 4301.40 of the Revised Code, five state 41
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liquor stores or agencies may be established in each county. One 42
additional store may be established in any county for each thirty 43
thousand of population of such THAT county or major fraction 44
thereof in excess of the first forty thousand, according to the 46
last preceding federal census. A person engaged in a mercantile 47
business may act as the agent for the division of liquor control 50
for the sale of spirituous liquor in a municipal corporation, in 51
the unincorporated area of a township of not less than two 52
thousand population, or in an area designated and approved as a 53
resort area under section 4303.262 of the Revised Code, provided 54
that not more than one agency contract shall be awarded in the 55
unincorporated area of a county for each fifty thousand 56
population of the county. The division shall fix compensation 58
for such AN agent in such THE manner as it deems CONSIDERS best, 59
but such THAT compensation shall not exceed seven per cent of the 61
gross sales made by such THE agent in any one year. 63
(2) Except as otherwise provided in this section, no 65
mercantile business that sells beer or intoxicating liquor for 68
consumption on the premises under a permit issued by the division 69
shall operate an agency store at such THAT premises or at any 70
adjacent premises. An agency to which a D-1 permit has been
issued may offer for sale tasting samples of beer, an agency to 72
which a D-2 permit has been issued may offer for sale tasting 73
samples of wine and mixed beverages, and an agency to which a D-5 74
permit has been issued may offer for sale tasting samples of 75
beer, wine, and mixed beverages, but not spirituous liquor. A 76
tasting sample shall not be sold for the purpose of general 78
consumption. As used in this section, "tasting sample" means a
small amount of beer, wine, or mixed beverages that is provided 79
in not more than four servings of not more than two ounces each 80
to an authorized purchaser and that allows the purchaser to 81
determine, by tasting only, the quality and character of the 82
beverage.
(3) A STATE LIQUOR STORE OR AN AGENCY STORE MAY SELL 84
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SPIRITUOUS LIQUOR IN FIFTY MILLILITER CONTAINERS, BUT ONLY IF THE 85
CONTAINERS ARE IN SLEEVES, ARE NOT SOLD INDIVIDUALLY, AND ARE 86
ONLY SOLD FROM BEHIND A COUNTER. 87
(B)(1) When an agency contract is proposed or when an 89
existing agency is assigned, before entering into any such 90
contract or consenting to any assignment, the division shall 91
notify the legislative authority of the municipal corporation, or 92
the board of county commissioners and the board of township 93
trustees of the county and the township in which the agency store 94
is to be located if the agency store is to be located outside the 95
corporate limits of a municipal corporation, of the proposed 96
contract, and an opportunity shall be provided officials or 97
employees of the municipal corporation or county and township for 98
a complete hearing upon the advisability of entering into the 99
agency contract. When the division sends notice to the 100
legislative authority of the political subdivision, the 101
department DIVISION shall notify, by certified mail or by 102
personal service, the chief peace officer of the political 104
subdivision, who may appear and testify, either in person or 105
through a representative, at any hearing held on the advisability 106
of entering into the agency contract. 107
On or after July 21, 1986, if (2) IF the proposed agency 110
store would be located within five hundred feet of a school, 111
church, library, public playground, or township park, the 112
division shall not enter into an agency contract until it has 113
provided notice of the proposed contract to the authorities in 114
control of the school, church, library, public playground, or 115
township park and has provided such THOSE officials with an 116
opportunity for a complete hearing upon the advisability of
entering into the contract. If an agency store so located is 117
operating under an agency contract, the division may consent to 119
the assignment of that contract to operate an agency store at the 120
same location, provided that the division shall not consent to an 121
assignment until it has notified the authorities in control of 122
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the school, church, library, public playground, or township park 123
and has provided such THOSE officials with an opportunity for a 124
complete hearing upon the advisability of consenting to the 125
assignment.
(3) Any hearing provided for in this division (B)(1) OR 128
(2) OF THIS SECTION shall be held in the central office of the 130
division, except that upon written request of the legislative 133
authority of the municipal corporation, the board of county 134
commissioners, or THE board of township trustees, the hearing 135
shall be held in the county seat of the county where the proposed 136
agency store is to be located.
(C)(1) All agency contracts entered into by the division 138
pursuant to this section shall be in writing and shall contain a 139
clause providing for the termination of the contract at will by 140
the division upon its giving ninety days' notice in writing to 141
such THE agent of its intention to do so. Any agency contract 142
may include a clause requiring the agent to report to the 144
appropriate law enforcement agency the name and address of any 145
individual under twenty-one years of age who attempts to make an 146
illegal purchase. 147
(2) An agent may engage in the selling of beer, mixed 149
beverages, and wine pursuant to permits issued to the agent under 150
Chapter 4303. of the Revised Code. 151
(3) The division shall issue a C-1 and C-2 permit to each 153
agent who prior to November 1, 1994, had not been issued both of 155
these permits, notwithstanding the population quota restrictions 156
contained in section 4303.29 of the Revised Code or in any rule 157
of the liquor control commission and notwithstanding the 158
requirements of section 4303.31 of the Revised Code. The
location of a C-1 or C-2 permit issued to such an agent shall not 159
be transferred. The division shall revoke any C-1 or C-2 PERMIT 160
issued to an agent under DIVISION (C)(3) OF this paragraph 162
SECTION if the agent no longer operates an agency store. 163
(4) No person shall operate, or have any interest, 166
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directly or indirectly, in more than four state agencies in any 167
one county or more than eight state agencies in the state for the 168
sale of spirituous liquor. For purposes of this section, a 169
person has an interest in a state agency if the person is a 170
partner, member, officer, or director of, or a shareholder owning 171
ten per cent or more of the capital stock of, any legal entity 172
with which the department DIVISION has entered into an agency 174
contract.
(5) The division may enter into agreements with the 176
department of development to implement a minority loan program to 178
provide low-interest loans to minority business enterprises, as 179
defined in section 122.71 of the Revised Code, that are awarded 180
liquor agency contracts or assignments.
(D)(1) If the division closes a state liquor store and 182
replaces that store with an agency store, any employees of the 184
division employed at that state liquor store who lose their jobs 185
at that store as a result shall be given preference by the agent 186
who operates the agency store in filling any vacancies that occur 187
among the agent's employees, if such THE preference does not 188
conflict with the agent's obligations pursuant to a collective 190
bargaining agreement. 191
(2) If the division closes a state liquor store and 193
replaces the store with an agency store, any employees of the 195
division employed at the state liquor store who lose their jobs 196
at that store as a result may displace other employees as 197
provided in sections 124.321 to 124.328 of the Revised Code. If
an employee cannot displace other employees and is laid off, the 198
employee shall be reinstated in another job as provided in 199
sections 124.321 to 124.328 of the Revised Code, except that the 200
employee's rights of reinstatement in a job at a state liquor 201
store shall continue for a period of two years after the date of 202
the employee's layoff and shall apply to jobs at state liquor
stores located in the employee's layoff jurisdiction and any 203
layoff jurisdiction adjacent to the employee's layoff 204
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jurisdiction.
(E) The division shall require every such agent to give 207
bond with surety to the satisfaction of the division, in such THE 208
amount as the division fixes, conditioned for the faithful 209
performance of the agent's duties as prescribed by the division. 210
Sec. 4301.333. (A) The privilege of local option 220
conferred by section 4301.323 of the Revised Code may be 221
exercised if, not later than four p.m. of the seventy-fifth day 223
before the day of a general or primary election, a petition is 224
presented to the board of elections of the county in which the 225
precinct is situated by a petitioner who is one of the following: 226
(1) An applicant for the issuance or transfer of a liquor 228
permit at, or to, a particular location within the precinct; 230
(2) The holder of a liquor permit at a particular location 232
within the precinct; 233
(3) A person who operates or seeks to operate a liquor 235
agency store at a particular location within the precinct; 237
(4) The designated agent for an applicant, liquor permit 239
holder, or liquor agency store described in division (A)(1), (2), 240
or (3) of this section. 241
(B) The petition shall be signed by the electors of the 244
precinct equal in number to at least thirty-five per cent of the 245
total number of votes cast in the precinct for the office of 246
governor at the preceding general election of FOR that office and 247
shall contain all of the following: 248
(1) A notice that the petition is for the submission of 250
the question or questions set forth in section 4301.353 4301.355 252
of the Revised Code; 253
(2) The name of the applicant for the issuance or 255
transfer, or the holder, of the liquor permit or, if applicable, 256
the name of the liquor agency store, including any trade or 257
fictitious names under which the applicant or, holder, or liquor 259
agency store either intends to DO or does do business at the 260
particular location; 261
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(3) If the petitioner is the designated agent of the 263
applicant, liquor holder, or liquor agency store, written 264
evidence of the designation of the agent by the applicant, liquor 266
permit holder, or liquor agency store for the purpose of
petitioning for the local option election; 267
(4) The address and proposed use of the particular 269
location within the election precinct to which the results of the 271
question or questions specified in section 4301.355 of the
Revised Code shall apply. For purposes of this division, "use" 273
means all of the following:
(a) The type of each liquor permit applied for by the 275
applicant or held by the liquor permit holder as described in 276
sections 4303.11 to 4303.183 of the Revised Code, including a 278
description of the type of beer or intoxicating liquor sales 279
authorized by each permit as provided in those sections; 280
(b) If a liquor agency store, the fact that the business 282
operated as a liquor agency store authorized to operate by the 283
THIS state of Ohio; 285
(c) A description of the general nature of the business of 287
the applicant, liquor permit holder, or liquor agency store. 288
(5)(C)(1) AT THE TIME THE PETITIONER FILES THE PETITION 290
WITH THE BOARD OF ELECTIONS, THE PETITIONER SHALL PROVIDE TO THE 291
BOARD BOTH OF THE FOLLOWING: 292
(a) An affidavit THAT IS signed by the petitioner stating 295
AND THAT STATES the proposed use of the location following the 296
election held to authorize the sale of beer and OR intoxicating 297
liquor.
(C) AUTHORIZED BY EACH PERMIT AS PROVIDED IN SECTIONS 299
4303.11 TO 4303.183 OF THE REVISED CODE; 300
(b) WRITTEN EVIDENCE OF THE DESIGNATION OF AN AGENT BY THE 302
APPLICANT, LIQUOR PERMIT HOLDER, OR LIQUOR AGENCY STORE DESCRIBED 303
IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION FOR THE PURPOSE 304
OF PETITIONING FOR THE LOCAL OPTION ELECTION, IF THE PETITIONER 305
IS THE DESIGNATED AGENT OF THE APPLICANT, LIQUOR PERMIT HOLDER, 306
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OR LIQUOR AGENCY STORE.
(2) FAILURE TO SUPPLY THE AFFIDAVIT, OR THE WRITTEN 308
EVIDENCE OF THE DESIGNATION OF THE AGENT IF THE PETITIONER FOR 309
THE LOCAL OPTION ELECTION IS THE AGENT OF THE APPLICANT, LIQUOR 310
PERMIT HOLDER, OR LIQUOR AGENCY STORE DESCRIBED IN DIVISION 311
(A)(1), (2), OR (3) OF THIS SECTION, AT THE TIME THE PETITION IS 312
FILED INVALIDATES THE ENTIRE PETITION.
(D) Not later than the sixty-sixth day before the day of 315
the next general or primary election, whichever occurs first, the 316
board shall examine and determine the sufficiency of the 317
signatures and the validity of the petition. If the board finds 318
that the petition contains sufficient signatures and in other 319
respects is valid, it shall order the holding of an election in 320
the precinct on the day of the next general or primary election, 321
whichever occurs first, for the submission of the question or 322
questions set forth in section 4301.355 of the Revised Code. 323
(D)(E) A petition filed with the board of elections under 326
this section shall be open to public inspection under rules 327
adopted by the board.
(E)(F) An elector who is eligible to vote on the question 330
or questions set forth in section 4301.355 of the Revised Code 332
may file, not later than four p.m. of the sixty-fourth day before 335
the day of the election at which the question or questions will 336
be submitted to the electors, a protest against a local option 337
petition circulated and filed pursuant to this section. The 338
protest shall be in writing and shall be filed with the election 339
officials with whom the petition was filed. Upon the filing of 340
the protest, the election officials with whom it is filed shall 341
promptly establish a time and place for hearing the protest and 342
shall mail notice of the time and place for the hearing to the 343
applicant for, or the holder of, the liquor permit who is 344
specified in the petition and to the elector who filed the 345
protest. At the time and place established in the notice, the 346
election officials shall hear the protest and determine the 347
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validity of the petition. 348
Sec. 4301.351. (A) If a petition is for submission of the 357
question of whether the sale of intoxicating liquor shall be 358
permitted on Sunday, a special election shall be held in the 359
precinct at the time fixed as provided in section 4301.33 of the 361
Revised Code. The expenses of holding the election shall be 362
charged to the municipal corporation or township of which the 363
precinct is a part.
(B) At the election, one or more of the following 365
questions, as designated in a valid petition, shall be submitted 367
to the electors of the precinct: 368
(A)(1) "Shall the sale of intoxicating liquor, of the same 370
types as may be legally sold in this precinct on other days of 372
the week, be permitted in this ........ for consumption on the 373
premises where sold, between the hours of one p.m. and midnight 374
on Sunday?"
(B)(2) "Shall the sale of intoxicating liquor, of the same 376
types as may be legally sold in this precinct on other days of 378
the week, be permitted in this ........ for consumption on the 379
premises where sold, between the hours of one p.m. and midnight 380
on Sunday, at licensed premises where the sale of food and other 381
goods and services exceeds fifty per cent of the total gross 382
receipts of the permit holder at the premises?"
(C)(3) "Shall the sale of wine and mixed beverages, of the 385
same types as may be legally sold in this precinct on other days 387
of the week, be permitted in this ........ for consumption off 388
the premises where sold, between the hours of one p.m. and 389
midnight on Sunday?"
(C) AT THE ELECTION, ONE OR MORE OF THE FOLLOWING 391
QUESTIONS, AS DESIGNATED IN A VALID PETITION, SHALL BE SUBMITTED 392
TO THE ELECTORS OF THE PRECINCT: 393
(1) "SHALL THE SALE OF INTOXICATING LIQUOR, OF THE SAME 395
TYPES AS MAY BE LEGALLY SOLD IN THIS PRECINCT ON OTHER DAYS OF 397
THE WEEK, BE PERMITTED IN THIS ........ FOR CONSUMPTION ON THE 398
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PREMISES WHERE SOLD, BETWEEN THE HOURS OF TEN a.m. AND MIDNIGHT 399
ON SUNDAY?"
(2) "SHALL THE SALE OF INTOXICATING LIQUOR, OF THE SAME 401
TYPES AS MAY BE LEGALLY SOLD IN THIS PRECINCT ON OTHER DAYS OF 403
THE WEEK, BE PERMITTED IN THIS ........ FOR CONSUMPTION ON THE 404
PREMISES WHERE SOLD, BETWEEN THE HOURS OF TEN a.m. AND MIDNIGHT 405
ON SUNDAY, AT LICENSED PREMISES WHERE THE SALE OF FOOD AND OTHER 408
GOODS AND SERVICES EXCEEDS FIFTY PER CENT OF THE TOTAL GROSS 409
RECEIPTS OF THE PERMIT HOLDER AT THE PREMISES?"
(3) "SHALL THE SALE OF WINE AND MIXED BEVERAGES, OF THE 411
SAME TYPES AS MAY BE LEGALLY SOLD IN THIS PRECINCT ON OTHER DAYS 413
OF THE WEEK, BE PERMITTED IN THIS ........ FOR CONSUMPTION OFF 414
THE PREMISES WHERE SOLD, BETWEEN THE HOURS OF TEN a.m. AND 415
MIDNIGHT ON SUNDAY?"
(D) No C or D permit holder who first applied for such a 417
permit after April 15, 1982, shall sell beer on Sunday unless the 418
sale of intoxicating liquor is authorized in the precinct or 419
portion thereof OF THE PRECINCT at an election on question (A), 421
(B)(1), (B)(2), OR (B)(3) OF THIS SECTION, or ON QUESTION (C)(1), 423
(C)(2), OR (C)(3) of this section or at an election, on question 424
(A), (B)(1), (B)(2), OR (B)(3) OF SECTION 4301.354 OF THE REVISED 426
CODE, or ON QUESTION (C)(1), (C)(2), OR (C)(3) of section 428
4301.354 of the Revised Code, whichever question or questions are 430
appropriate OR ON QUESTION (B)(2) OF SECTION 4301.355 OF THE 431
REVISED CODE. No D-6 permit is required for the sale of beer on 433
Sunday.
The board of elections to which the petition is presented 435
shall furnish printed ballots at the election in accordance with 436
section 3505.06 of the Revised Code, and separate ballots shall 437
be used for the special election. One or more of the questions 438
prescribed by DIVISIONS (B) AND (C) OF this section, as 440
designated in the petition, shall be set forth on each ballot, 441
and the board shall insert in each question the name or an 442
accurate description of the precinct in which the election is to 443
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be held. Votes shall be cast as provided in section 3505.06 of 444
the Revised Code.
Sec. 4301.354. (A) If a petition is filed under section 453
4301.332 of the Revised Code for the submission of the one or 456
more questions set forth in this section, a special election 458
shall be held in the precinct as ordered by the board of 459
elections under that section. The expense of holding the special
election shall be charged to the municipal corporation or 460
township of which the precinct is a part. 461
(B) At the election, one or more of the following 463
questions, as designated in a valid petition, shall be submitted 465
to the electors of the precinct concerning Sunday sales: 466
(A)(1) "Shall the sale of intoxicating liquor be permitted 468
in a portion of this precinct between the hours of one p.m. and 470
midnight on Sunday for consumption on the premises where sold, 472
where the status of such Sunday sales as allowed or prohibited is 473
inconsistent with the status of such Sunday sales in the 474
remainder of the precinct?"
(B)(2) "Shall the sale of intoxicating liquor be permitted 477
in a portion of this precinct between the hours of one p.m. and 479
midnight on Sunday for consumption on the premises where sold at 480
licensed premises where the sale of food and other goods exceeds 481
fifty per cent of the total gross receipts of the permit holder 482
at the premises, where the status of such Sunday sales as allowed 484
or prohibited is inconsistent with the status of such Sunday 485
sales in the remainder of the precinct?"
(C)(3) "Shall the sale of wine and mixed beverages be 488
permitted in a portion of this precinct between the hours of one 489
p.m. and midnight on Sunday for consumption off the premises 491
where sold, where the status of such Sunday sales as allowed or 492
prohibited is inconsistent with the status of such Sunday sales 493
in the remainder of the precinct?"
(C) AT THE ELECTION, ONE OR MORE OF THE FOLLOWING 495
QUESTIONS, AS DESIGNATED IN A VALID PETITION, SHALL BE SUBMITTED 496
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TO THE ELECTORS OF THE PRECINCT CONCERNING SUNDAY SALES: 497
(1) "SHALL THE SALE OF INTOXICATING LIQUOR BE PERMITTED IN 500
A PORTION OF THIS PRECINCT BETWEEN THE HOURS OF TEN a.m. AND 502
MIDNIGHT ON SUNDAY FOR CONSUMPTION ON THE PREMISES WHERE SOLD, 504
WHERE THE STATUS OF SUCH SUNDAY SALES AS ALLOWED OR PROHIBITED IS 505
INCONSISTENT WITH THE STATUS OF SUCH SUNDAY SALES IN THE 506
REMAINDER OF THE PRECINCT?"
(2) "SHALL THE SALE OF INTOXICATING LIQUOR BE PERMITTED IN 509
A PORTION OF THIS PRECINCT BETWEEN THE HOURS OF TEN a.m. AND 510
MIDNIGHT ON SUNDAY FOR CONSUMPTION ON THE PREMISES WHERE SOLD AT 511
LICENSED PREMISES WHERE THE SALE OF FOOD AND OTHER GOODS EXCEEDS 513
FIFTY PER CENT OF THE TOTAL GROSS RECEIPTS OF THE PERMIT HOLDER 514
AT THE PREMISES, WHERE THE STATUS OF SUCH SUNDAY SALES AS ALLOWED 515
OR PROHIBITED IS INCONSISTENT WITH THE STATUS OF SUCH SUNDAY 516
SALES IN THE REMAINDER OF THE PRECINCT?" 517
(3) "SHALL THE SALE OF WINE AND MIXED BEVERAGES BE 519
PERMITTED IN A PORTION OT THIS PRECINCT BETWEEN THE HOURS OF TEN 520
a.m. AND MIDNIGHT ON SUNDAY FOR CONSUMPTION OFF THE PREMISES 523
WHERE SOLD, WHERE THE STATUS OF SUCH SUNDAY SALES AS ALLOWED OR 524
PROHIBITED IS INCONSISTENT WITH THE STATUS OF SUCH SUNDAY SALES 525
IN THE REMAINDER OF THE PRECINCT?"
(D) The board of elections shall furnish printed ballots 527
at the special election as provided under section 3505.06 of the 529
Revised Code, except that a separate ballot shall be used for the 530
special election. The one or more questions set forth in 531
DIVISIONS (B) AND (C) OF this section shall be printed on each 532
ballot, and the board shall insert in the question and statement 533
appropriate words to complete each and a description of the 534
portion of the precinct that would be affected by the results of 536
the election.
The description of the portion of the precinct shall 539
include either the complete listing of street addresses in that
portion or a condensed text that accurately describes the 540
boundaries of the portion of the precinct by street name or by 541
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another name generally known by the residents of the portion of 543
the precinct. If other than a full street listing is used, the 544
full street listing also shall be posted in each polling place in 545
a location that is easily accessible to all voters. Failure of 546
the board of elections to completely and accurately list all 547
street addresses in the affected area of the precinct does not 548
affect the validity of the election at which the failure occurred 549
and is not grounds for contesting an election under section 550
3515.08 of the Revised Code. Votes shall be cast as provided 551
under section 3505.06 of the Revised Code.
Sec. 4301.355. (A) If a petition is filed under section 561
4301.333 of the Revised Code for the submission of the question 563
or questions set forth in this section, it shall be held in the 564
precinct as ordered by the board of elections under that section. 565
The expense of holding the election shall be charged to the 566
municipal corporation or township of which the precinct is a 567
part.
(B) At the election, one or more of the following 570
questions, as designated in a valid petition, shall be submitted 571
to the electors of the precinct: 572
(1) "Shall the sale of beer and any ........ (INSERT BEER, 575
WINE AND MIXED BEVERAGES, OR intoxicating liquor) be permitted 576
by.......(insert name of applicant, liquor permit holder, or 577
liquor agency store, including trade or fictitious name under 578
which applicant for, or holder of, liquor permit or liquor agency 579
store either intends to DO, or does, do business at the 581
particular location), an ......... (insert "applicant for" or
"holder of" or "operator of") a ........(insert class name of 582
liquor permit or permits followed by the words "liquor permit(s)" 583
or, if appropriate, the words "liquor agency store for the State 584
of Ohio"), who is engaged in the business of .......(insert 585
general nature of the business in which applicant or liquor 586
permit holder is engaged or to WILL be engaged IN at the 587
particular location, as described in the petition) at 589
14
............(insert address of the particular location within the 590
precinct as set forth in the petition) in this precinct?" 591
(2) "Shall the sale of beer and ........ (INSERT BEER, 594
WINE AND MIXED BEVERAGES, OR intoxicating liquor) be permitted 595
for sale on Sunday by ........ (insert name of applicant, liquor 596
permit holder, or liquor agency store, including trade or
fictitious name under which applicant for, or holder of, liquor 597
permit or liquor agency store either intends to DO, or does, do 598
business at the particular location), an ......(insert "applicant 600
for a D-6 liquor permit," "holder of a D-6 liquor permit," 603
"APPLICANT FOR OR HOLDER OF AN A-1-A, A-2, C-1, C-2x, D-1, D-2x, 606
D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f, D-5g, D-5h, D-5i, 609
D-5j, D-7, OR D-8 LIQUOR PERMIT," IF ONLY THE APPROVAL OF BEER 611
SALES IS SOUGHT, or "liquor agency store") who is engaged in the 612
business of ...........(insert general nature of the business in 614
which applicant or liquor permit holder is engaged or to WILL be 615
engaged IN at the particular location, as described in the 617
petition) at......... (insert address of the particular location 618
within the precinct) in this precinct?" 619
If the sale of beer and, WINE AND MIXED BEVERAGES, OR 621
intoxicating liquor has been approved at a particular location 623
within the precinct at a previous election held under section 624
4301.355 of the Revised Code, the ballot also shall include the 627
following statement:
"At a previous election held under section 4301.355 of the 629
Revised Code, the electors approved the sale of beer and ....... 632
(INSERT BEER, WINE AND MIXED BEVERAGES, OR intoxicating liquor, 634
AS APPROPRIATE) at........(insert business name and address of 636
the particular location or locations within the precinct where 637
such sale has been approved at a previous election under section 638
4301.355 of the Revised Code)." 640
The board of elections shall furnish printed ballots at the 643
election as provided under section 3505.06 of the Revised Code, 645
except that a separate ballot shall be used for the election 646
15
under section 4301.355 of the Revised Code. The question and, if 649
applicable, the statement set forth in this section shall be
printed on each ballot, and the board shall insert in the 650
question and statement appropriate words to complete each. Votes 651
shall be cast as provided under section 3505.06 of the Revised 653
Code. 654
Sec. 4301.361. If a majority of the electors voting on 663
questions set forth in section 4301.351 of the Revised Code in a 664
precinct vote "yes" on question (A)(B)(1) OR (C)(1), or, if both 667
questions (A)(B)(1) and (B)(2), OR QUESTIONS (C)(1) AND (C)(2), 668
are submitted, "yes" on both questions or "yes" on question 670
(A)(B)(1) OR (C)(1) but "no" on question (B)(2) OR (C)(2), sales 671
of intoxicating liquor shall be allowed in the manner and under 672
the conditions specified in question (A)(B)(1) OR (C)(1), under a 674
D-6 permit, within the precinct concerned, during the period the 676
election is in effect as defined in section 4301.37 of the
Revised Code. 677
If only question (B)(2) OR (C)(2) is submitted to the 679
voters or if questions (B)(2) and (B)(3) OR (C)(2) AND (C)(3) are 682
submitted and a majority of the electors voting in a precinct 683
vote "yes" on question (B)(2) OR (C)(2) as set forth in section 684
4301.351 of the Revised Code, sales of intoxicating liquor shall 686
be allowed in the manner and under the conditions specified in 687
question (B)(2) OR (C)(2), under a D-6 permit, within the 689
precinct concerned, during the period the election is in effect 690
as defined in section 4301.37 of the Revised Code, even if 691
question (A)(B)(1) OR (C)(1) was also submitted and a majority of 693
the electors voting in the precinct voted "no." 694
If question (B)(3) OR (C)(3) is submitted and a majority of 697
electors voting on the question (B)(3) OR (C)(3) AS set forth in 699
section 4301.351 of the Revised Code in a precinct vote "yes," 700
sales of wine and mixed beverages shall be allowed in the manner 701
and under the conditions specified in question (B)(3) OR (C)(3), 703
under a D-6 permit, within the precinct concerned, during the 705
16
period the election is in effect as defined in section 4301.37 of 706
the Revised Code.
If questions (A)(B)(1), (B)(2), and (C)(B)(3), OR QUESTIONS 709
(C)(1), (C)(2), AND (C)(3), as set forth in section 4301.351 of 712
the Revised Code, are all submitted and a majority of the 713
electors voting in such precinct vote "no" on all three 714
questions, no sales of intoxicating liquor shall be made within 715
the precinct concerned after two-thirty a.m. on Sunday AS 716
SPECIFIED IN THE QUESTIONS SUBMITTED, during the period the 717
election is in effect as defined in section 4301.37 of the 718
Revised Code.
Sec. 4301.364. (A) If a majority of the electors in a 727
precinct vote "yes" on question (A)(B)(1) OR (C)(1) as set forth 729
in section 4301.354 of the Revised Code, the sale of intoxicating 731
liquor, of the same types as may be legally sold in the precinct
on other days of the week, shall be permitted in the portion of 733
the precinct affected by the results of the election between the 734
hours of one p.m. and midnight on Sunday for consumption on the 737
premises where sold IN THE MANNER AND UNDER THE CONDITIONS 738
SPECIFIED IN THE QUESTION, subject only to Chapters 4301. and 739
4303. of the Revised Code.
(B) If a majority of the electors in a precinct vote "yes" 741
on question (B)(2) OR (C)(2) as set forth in section 4301.354 of 744
the Revised Code, the sale of intoxicating liquor, of the same 745
types as may be legally sold in the precinct on other days of the 746
week, shall be permitted in the portion of the precinct affected 747
by the results of the election between the hours of one p.m. and 749
midnight on Sunday for consumption on the premises where sold at 750
licensed premises where the sale of food and other goods exceeds 751
fifty per cent of the total gross receipts of the permit holder 752
at the premises IN THE MANNER AND UNDER THE CONDITIONS SPECIFIED 753
IN THE QUESTION, subject only to Chapters 4301. and 4303. of the 754
Revised Code.
(C) If a majority of the electors in a precinct vote "yes" 756
17
on question (B)(3) OR (C)(3) as set forth in section 4301.354 of 759
the Revised Code, the sale of wine and mixed beverages shall be 761
permitted in the portion of the precinct affected by the results 762
of the election between the hours of one p.m. and midnight on 763
Sunday for consumption off the premises where sold IN THE MANNER 764
AND UNDER THE CONDITIONS SPECIFIED IN THE QUESTION, subject only 765
to Chapters 4301. and 4303. of the Revised Code. 766
(D) If a majority of the electors in a precinct vote "no" 768
on question (A)(B)(1) OR (C)(1) as set forth in section 4301.354 770
of the Revised Code, no sale of intoxicating liquor shall be 772
permitted between the hours of one p.m. and midnight on Sunday 774
for consumption on the premises where sold IN THE MANNER AND 775
UNDER THE CONDITIONS SPECIFIED IN THE QUESTION in the portion of 776
the precinct affected by the results of the election. 777
(E) If a majority of the electors in a precinct vote "no" 779
on question (B)(2) OR (C)(2) as set forth in section 4301.354 of 782
the Revised Code, no sale of intoxicating liquor, shall be 784
permitted between the hours of one p.m. and midnight on Sunday 786
for consumption on the premises where sold at licensed premises 787
where the sale of food and other goods exceeds fifty per cent of 788
the total gross receipts of the permit holder at the premises, IN 789
THE MANNER AND UNDER THE CONDITIONS SPECIFIED IN THE QUESTION in 790
the portion of the precinct affected by the results of the 791
election.
(F) If a majority of the electors in a precinct vote "no" 793
on question (B)(3) OR (C)(3) as set forth in section 4301.354 of 796
the Revised Code, no sale of wine or mixed beverages shall be 797
permitted between the hours of one p.m. and midnight on Sunday 798
for consumption off the premises where sold IN THE MANNER AND 799
UNDER THE CONDITIONS SPECIFIED IN THE QUESTION in the portion of 800
the precinct affected by the results of the election. 801
Sec. 4301.365. (A) If a majority of the electors in a 811
precinct vote "yes" on questions (B)(1) and (2), as set forth in 812
section 4301.355 of the Revised Code, the sale of beer, WINE and 814
18
MIXED BEVERAGES, OR intoxicating liquor, WHICHEVER WAS THE 815
SUBJECT OF THE ELECTION, shall be allowed at the particular 817
location and for the use specified in the question under each 818
permit applied for by the petitioner or at the address listed for 819
the liquor agency store subject only to Chapters 4301. and 4303. 820
of the Revised Code. Failure to continue to use the particular 823
location for any proposed or stated use set forth in the petition 824
shall constitute good cause for the denial of a renewal of the 825
liquor permit under division (A) of section 4303.271 of the 826
Revised Code or cause for the nonrenewal or cancellation of the 829
liquor agency store contract by the division of liquor control, 830
except in the case where the liquor permit holder or liquor 831
agency store decides to cease the sale of beer, WINE AND MIXED 832
BEVERAGES, or intoxicating liquor, WHICHEVER WAS THE SUBJECT OF 833
THE ELECTION, on Sundays. 834
(B) If a majority of the electors in a precinct vote "yes" 837
on question (B)(1) and "no" on question (B)(2) as set forth in 839
section 4301.355 of the Revised Code, the sale of beer, WINE and 841
MIXED BEVERAGES, OR intoxicating liquor, WHICHEVER WAS THE 842
SUBJECT OF THE ELECTION, shall be allowed at the particular 843
location for the use specified in question (B)(1) of section 845
4301.355 of the Revised Code and under each permit applied for by 848
the petitioner, except for a D-6 permit, subject only to Chapters 850
4301. and 4303. of the Revised Code. 852
(C) If a majority of the electors in a precinct vote "no" 855
on question (B)(1) as set forth in section 4301.355 of the 857
Revised Code, no sales of beer, WINE AND MIXED BEVERAGES, or 858
intoxicating liquor, WHICHEVER WAS THE SUBJECT OF THE ELECTION, 860
shall be allowed at the particular location for the use specified 861
in the petition during the period the election is in effect as 862
defined in section 4301.37 of the Revised Code. 864
(D) If a majority of the electors in a precinct vote only 867
on question (B)(2) as set forth in section 4301.355 of the 869
Revised Code, and that vote results in a majority "yes" vote, 871
19
sales of beer, WINE AND MIXED BEVERAGES, or intoxicating liquor, 872
WHICHEVER WAS THE SUBJECT OF THE ELECTION, shall be allowed at 874
the particular location for the use specified in the petition on 875
Sunday during the period the election is in effect as defined in 877
section 4301.37 of the Revised Code. 879
(E) If a majority of the electors in a precinct vote only 882
on question (B)(2) as set forth in section 4301.355 of the 884
Revised Code, and that vote results in a majority "no" vote, no 886
sales of beer, WINE AND MIXED BEVERAGES, or intoxicating liquor, 887
WHICHEVER WAS THE SUBJECT OF THE ELECTION, shall be allowed at 889
the particular location for the use specified in the petition on 890
Sunday during the period the election is in effect as defined in 892
section 4301.37 of the Revised Code. 894
(F) In case of elections in the same precinct or 897
overlapping precincts for the question or questions set forth in 898
section 4301.355 of the Revised Code and for a question or 900
questions set forth in section 4301.35, 4301.351, 4501.353, 901
4501.354, 4303.29, or 4305.14 of the Revised Code, the results of 904
the election held on the question or questions set forth in 905
section 4301.355 of the Revised Code shall apply to the 907
particular location notwithstanding the results of the election 908
held on the question or questions set forth in section 4301.35, 909
4301.351, 4301.353, 4501.354, 4303.29, or 4305.14 of the Revised 911
Code. 912
Sec. 4301.37. (A) When a local option election, other 921
than an election under section 4301.351, 4301.352, 4301.353, 922
4301.354, 4301.355, or 4301.356 of the Revised Code, is held in 924
any precinct, except as provided in divisions (G) and (H) of 926
section 4301.39 of the Revised Code, the result of the election 927
shall be effective in the precinct until another election is 929
called and held pursuant to sections 4301.32 to 4301.36 of the 930
Revised Code, but no such election shall be held in the precinct 931
on the same question more than once in each four years. 932
(B) When a local option election under section 4301.351 of 934
20
the Revised Code is held in any precinct, except as provided in 936
divisions (G) and (H) of section 4301.39 of the Revised Code, the 938
result of the election shall be effective in the precinct until
another election is called and held pursuant to sections 4301.32 940
to 4301.361 of the Revised Code, but no such election shall be 941
held under section 4301.351 of the Revised Code in the precinct 942
on the same question more than once in each four years. 943
(C) When a local option election is held in a precinct 945
under section 4301.352 of the Revised Code, and a majority of the 946
electors voting on the question vote "yes," no subsequent local 947
option election shall be held in the precinct upon the sale of 948
beer or intoxicating liquor by the class C or D permit holder at 949
the specified premises for a period of at least four calendar 950
years from the date of the most recent local option election, 951
except that this division shall not be construed to prohibit the 953
holding or affect the results of a local option election under 954
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 955
4305.14 of the Revised Code. 956
(D) When a local option election is held in a precinct 958
under section 4301.353 or 4301.354 of the Revised Code, except as 959
provided in divisions (G) and (H) of section 4301.39 of the 961
Revised Code, the results of the election shall be effective 962
until another election is held under that section on the same 963
question, but no such election shall be held in a precinct under
that section on the same question for a period of at least four 966
years from the date of the most recent election on such question. 968
This division shall not be construed to prohibit the future 970
holding of, or affect the future results of, a local option 971
election held under section 4301.35, 4301.351, 4301.355, 4303.29, 972
or 4305.14 of the Revised Code. 973
(E) When a local option election is held in a precinct 975
under section 4301.355 of the Revised Code, the results of that 976
election shall be effective at the particular location designated 977
in the petition until another election is held pursuant to 978
21
section 4301.355 of the Revised Code, or until such time as an 979
election is held pursuant to section 4301.352 of the Revised 980
Code, but no election shall be held under section 4301.355 of the 981
Revised Code regarding the same use at that particular location 982
for a period of at least four calendar years from the date of the 983
most recent election on such question. The results of a local 985
option election held in a precinct under section 4301.355 of the 986
Revised Code shall not prohibit the holding of, and shall OR be 987
affected by the results of, a local option election held under 989
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 990
4305.14 of the Revised Code. 991
(F) When a local option election is held in a municipal 993
corporation or unincorporated area of a township under section 995
4301.356 of the Revised Code, the results of the election shall 996
be effective at the community facility that was the subject of 997
the election until another such election is held regarding that 998
community facility, but no such election shall be held for a
period of at least four calendar years from the date of the 999
election. The results of a local option election held in a 1,001
municipal corporation or unincorporated area of a township under 1,002
section 4301.356 of the Revised Code shall not prohibit the 1,003
holding of, or affect or be affected by the results of, a local 1,004
option election held under section 4301.35, 4301.351, 4301.353, 1,006
4301.354, 4303.29, or 4305.14 of the Revised Code. 1,007
(G) If a community facility is located in an election 1,009
precinct in which a previous local option election in the 1,010
precinct resulted in approval of the sale of beer or intoxicating 1,011
liquor in the precinct, the community facility shall sell beer or 1,013
intoxicating liquor only to the extent permitted by the previous
local option election until an election is held pursuant to 1,014
section 4301.356 of the Revised Code. 1,015
(H) A community facility shall not be affected by a local 1,017
option election held on or after the effective date of this 1,018
amendment MARCH 30, 1999, unless the election is held under 1,020
22
section 4301.356 of the Revised Code.
Sec. 4301.62. (A) As used in this section: 1,029
(1) "Chauffeured limousine" means a vehicle registered 1,032
under section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same 1,034
meanings as in section 4511.01 of the Revised Code. 1,035
(B) No person shall have in the person's possession an 1,037
opened container of beer or intoxicating liquor in any of the 1,038
following circumstances: 1,039
(1) In a state liquor store; 1,041
(2) Except as provided in division (C) of this section, on 1,044
the premises of the holder of any permit issued by the division 1,045
of liquor control;
(3) In any other public place; 1,047
(4) Except as provided in division (D) of this section, 1,049
while operating or being a passenger in or on a motor vehicle on 1,051
any street, highway, or other public or private property open to 1,052
the public for purposes of vehicular travel or parking; 1,053
(5) Except as provided in division (D) of this section, 1,055
while being in or on a stationary motor vehicle on any street, 1,056
highway, or other public or private property open to the public 1,057
for purposes of vehicular travel or parking.
(C) A person may have in the person's possession an opened 1,060
container of beer or intoxicating liquor that has been lawfully 1,061
purchased for consumption on the premises where bought of a 1,062
holder of an A-1-A, A-2, C-1, C-2, C-2x, D-1, D-2, D-3, D-3a, 1,064
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, 1,065
D-5i, D-5j, D-7, D-8, E, F, or F-2 permit, or beer or
intoxicating liquor consumed on the premises of a convention 1,067
facility as provided in section 4303.201 of the Revised Code. 1,068
A person may have in the person's possession on an F liquor 1,071
permit premises an opened container of beer or intoxicating 1,072
liquor that was not purchased from the holder of the F permit if 1,074
the premises for which the F permit is issued is a music festival 1,076
23
and the holder of the F permit grants permission for such THAT 1,078
possession on the premises during the period for which the F 1,079
permit is issued. As used in this division, "music festival" 1,080
means a series of outdoor live musical performances, extending 1,081
for a period of at least three consecutive days and located on an 1,082
area of land of at least forty acres. 1,083
(D) This section does not apply to a person who pays all 1,085
or a portion of the fee imposed for the use of a chauffeured 1,087
limousine pursuant to a prearranged contract, or the guest of the 1,088
person, when all of the following apply:
(1) The person or guest is a passenger in the limousine. 1,090
(2) The person or guest is located in the limousine, but is 1,092
not occupying a seat in the front compartment of the limousine 1,093
where the operator of the limousine is located. 1,094
(3) The limousine is located on any street, highway, or 1,096
other public or private property open to the public for purposes 1,097
of vehicular travel or parking. 1,098
Sec. 4303.07. Permit B-2 may be issued to a wholesale 1,107
distributor of wine to purchase from holders of A-2 and B-5 1,108
permits and distribute or sell such product, in the original 1,109
container in which it was placed by the B-5 permit holder or 1,110
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, 1,111
D-5h, D-5i, D-5j, D-8, and E permit holders, and for home use. 1,113
The fee for this permit is two hundred fifty dollars for each 1,114
distributing plant or warehouse. The initial fee shall be 1,115
increased ten cents per wine barrel of fifty gallons for all wine
distributed and sold in this state in excess of twelve hundred 1,116
fifty such barrels during the year covered by the permit. 1,117
Sec. 4303.10. Permit B-5 may be issued to a wholesale 1,126
distributor of wine to purchase wine from the holders of A-2 1,127
permits, to purchase and import wine in bond or otherwise, in 1,128
bulk or in containers of any size, and to bottle wine for 1,129
distribution and sale to holders of A-1-A, B-2, B-3, B-5, C-2,
24
D-2, D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 1,130
D-5g, D-5h, D-5i, D-5j, D-8, and E permits and for home use in 1,132
sealed containers. No wine shall be bottled by a B-5 permit 1,133
holder in containers supplied by any person who intends the wine
for home use. The fee for this permit is one thousand two 1,134
hundred fifty dollars. 1,135
Sec. 4303.11. (A) Permit C-1 may be issued to the owner 1,144
or operator of a retail store to sell beer in containers and not 1,146
for consumption on the premises where sold in original containers 1,147
having a capacity of not more than five and one-sixth gallons. 1,148
The fee for this permit is one hundred twenty-six dollars for 1,149
each location.
(B)(1) THE HOLDER OF A C-1 OR C-2x PERMIT WHO HAS PAID THE 1,152
FEE DESCRIBED IN DIVISION (B)(2) OF THIS SECTION MAY OFFER FOR 1,153
SALE TASTING SAMPLES OF BEER IN AN AMOUNT NOT TO EXCEED TWO 1,154
OUNCES OR ANOTHER AMOUNT DESIGNATED BY RULE OF THE LIQUOR CONTROL
COMMISSION. A TASTING SAMPLE SHALL NOT BE SOLD FOR GENERAL 1,155
CONSUMPTION. EACH AUTHORIZED PURCHASER SHALL BE LIMITED TO FOUR 1,156
TASTING SAMPLES TO ALLOW THE PURCHASER TO DETERMINE, BY TASTING 1,157
ONLY, THE QUALITY AND CHARACTER OF THE BEER. 1,158
(2) THE COMMISSION BY RULE SHALL DETERMINE A FEE THAT THE 1,160
HOLDER OF A C-1 OR C-2x PERMIT SHALL PAY IN ORDER TO BE ALLOWED 1,162
TO OFFER FOR SALE TASTING SAMPLES UNDER DIVISION (B)(1) OF THIS 1,163
SECTION. THIS FEE SHALL BE ADDED TO THE APPLICATION OR RENEWAL
FEE THAT THE HOLDER OF THE PERMIT PAYS. 1,164
Sec. 4303.12. (A) Permit C-2 may be issued to the owner 1,173
or operator of a retail store to sell wine in sealed containers 1,175
only and not for consumption on the premises where sold in 1,176
original containers. The holder of such A permit may also sell 1,177
and distribute in original packages and not for consumption on 1,178
the premises where sold or for resale, prepared and bottled
highballs, cocktails, cordials, and other mixed beverages 1,180
manufactured and distributed by holders of A-4 and B-4 permits, 1,181
and containing not less than four per cent of alcohol by volume, 1,182
25
and not more than twenty-one per cent of alcohol by volume. The
fee for this permit is one hundred eighty-eight dollars for each 1,183
location.
(B)(1) THE HOLDER OF A C-2 PERMIT WHO HAS PAID THE FEE 1,185
DESCRIBED IN DIVISION (B)(2) OF THIS SECTION MAY OFFER FOR SALE 1,186
TASTING SAMPLES OF THE BEVERAGES LISTED IN DIVISION (A) OF THIS 1,187
SECTION IN AN AMOUNT NOT TO EXCEED TWO OUNCES OR ANOTHER AMOUNT 1,188
DESIGNATED BY RULE OF THE LIQUOR CONTROL COMMISSION. EACH 1,189
AUTHORIZED PURCHASER SHALL BE LIMITED TO FOUR TASTING SAMPLES TO 1,190
ALLOW THE PURCHASER TO DETERMINE, BY TASTING ONLY, THE QUALITY 1,191
AND CHARACTER OF THE BEVERAGE.
(2) THE COMMISSION BY RULE SHALL DETERMINE A FEE THAT THE 1,193
HOLDER OF A C-2 PERMIT SHALL PAY IN ORDER TO BE ALLOWED TO OFFER 1,194
FOR SALE TASTING SAMPLES UNDER DIVISION (B)(1) OF THIS SECTION. 1,195
THIS FEE SHALL BE ADDED TO THE APPLICATION FEE OR RENEWAL FEE 1,196
THAT THE HOLDER OF THE PERMIT PAYS. 1,197
Sec. 4303.182. (A) Except as otherwise provided in 1,207
DIVISIONS (B) AND (C) OF this section, permit D-6 shall be issued 1,208
to the holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, 1,209
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or 1,210
D-7, OR D-8 permit to allow sale under such THAT permit between 1,212
the hours of TEN a.m. AND MIDNIGHT, OR BETWEEN THE HOURS OF one 1,214
p.m. and midnight, on Sunday, AS APPLICABLE, if such THAT sale 1,216
has been authorized under section 4301.361 OR 4301.364 of the 1,217
Revised Code and under the restrictions of such THAT 1,219
authorization. Permit
(B) PERMIT D-6 shall be issued to the holder of any 1,223
permit, including a D-4a and D-5d permit, authorizing the sale of 1,224
intoxicating liquor issued for a premises located at any publicly 1,225
owned airport, as defined in section 4563.01 of the Revised Code, 1,226
at which commercial airline companies operate regularly scheduled 1,227
flights on which space is available to the public, to allow sale 1,228
under such permit between the hours of one p.m. TEN a.m. and 1,229
midnight on Sunday, whether or not such sale has been authorized 1,231
26
under section 4301.361 OR 4301.364 of the Revised Code. Permit 1,233
(C) PERMIT D-6 shall be issued to the holder of a D-5a 1,235
permit, and to the holder of a D-3 or D-3a permit who is the 1,237
owner or operator of a hotel or motel THAT IS required to be 1,238
licensed under section 3731.03 of the Revised Code containing, 1,239
THAT CONTAINS at least fifty rooms for registered transient 1,241
guests, and which THAT has on its premises a restaurant licensed 1,243
pursuant to section 3717.43 of the Revised Code affiliated with 1,244
the hotel or motel and within or contiguous to the hotel or motel 1,245
and serving food within the hotel or motel, to allow sale under 1,246
such permit between the hours of one p.m. TEN a.m. and midnight 1,247
on Sunday, whether or not such THAT sale has been authorized 1,249
under section 4301.361 OR 4301.364 of the Revised Code. 1,250
(D) If the restriction to licensed premises where the sale 1,253
of food and other goods and services exceeds fifty per cent of 1,254
the total gross receipts of the permit holder at the premises is 1,255
applicable, the division of liquor control may accept an 1,256
affidavit from the permit holder to show the proportion of the 1,257
permit holder's gross receipts derived from the sale of food and 1,258
other goods and services. If the liquor control commission 1,259
determines such THAT affidavit to have been false, it shall 1,260
revoke the permits of the permit holder at the premises 1,261
concerned. 1,262
(E) The fee for the D-6 permit is two hundred fifty 1,265
dollars when it is issued to the holder of an A-1-A, A-2, D-2, 1,266
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 1,267
D-5g, D-5h, D-5i, D-5j, or D-7, OR D-8 permit. The fee for the 1,269
D-6 permit is two hundred dollars when it is issued to the holder 1,270
of a C-2 permit.
Sec. 4303.184. (A) PERMIT D-8 MAY BE ISSUED TO THE OWNER 1,273
OR OPERATOR OF A RETAIL STORE THAT HAS EITHER OF THE FOLLOWING
CHARACTERISTICS: 1,274
(1) THE STORE HAS AT LEAST FIVE THOUSAND FIVE HUNDRED 1,276
SQUARE FEET OF FLOOR AREA, AND IT GENERATES MORE THAN SIXTY PER 1,277
27
CENT OF ITS SALES IN GENERAL MERCHANDISE ITEMS AND FOOD FOR 1,278
CONSUMPTION OFF THE PREMISES WHERE SOLD.
(2) WINE CONSTITUTES AT LEAST SIXTY PER CENT OF THE VALUE 1,280
OF THE STORE'S INVENTORY. 1,281
(B) THE HOLDER OF A D-8 PERMIT MAY SELL TASTING SAMPLES OF 1,284
BEER, WINE, AND MIXED BEVERAGES, BUT NOT SPIRITUOUS LIQUOR, AT
RETAIL, FOR CONSUMPTION ON THE PREMISES WHERE SOLD IN AN AMOUNT 1,285
NOT TO EXCEED TWO OUNCES OR ANOTHER AMOUNT DESIGNATED BY RULE OF 1,286
THE LIQUOR CONTROL COMMISSION. A TASTING SAMPLE SHALL NOT BE 1,287
SOLD FOR GENERAL CONSUMPTION. EACH AUTHORIZED PURCHASER SHALL BE 1,288
LIMITED TO FOUR TASTING SAMPLES TO ALLOW THE PURCHASER TO
DETERMINE, BY TASTING ONLY, THE QUALITY AND CHARACTER OF THE 1,289
BEER, WINE, OR MIXED BEVERAGE. IN ADDITION TO THE PRIVILEGES 1,290
AUTHORIZED IN THIS SECTION BUT SUBJECT TO THE LIMITATIONS ON THE 1,291
SALE OF BEER, WINE, AND MIXED BEVERAGES DESCRIBED IN THIS 1,292
DIVISION, THE HOLDER OF A D-8 PERMIT MAY EXERCISE THE SAME 1,293
PRIVILEGES AS THE HOLDER OF A D-5 PERMIT.
(C) THE HOLDER OF A D-8 PERMIT SHALL SELL NO BEER OR 1,295
INTOXICATING LIQUOR FOR CONSUMPTION ON THE PREMISES WHERE SOLD 1,296
AFTER TWO-THIRTY a.m. 1,297
(D) A D-8 PERMIT SHALL NOT BE TRANSFERRED TO ANOTHER 1,299
LOCATION. 1,300
(E) NO QUOTA RESTRICTIONS SHALL BE PLACED ON THE NUMBER OF 1,302
D-8 PERMITS THAT MAY BE ISSUED. 1,303
(F) THE FEE FOR THE D-8 PERMIT IS ONE THOUSAND EIGHT 1,305
HUNDRED SEVENTY-FIVE DOLLARS. 1,306
Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, 1,316
D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 1,317
or D-6, OR D-8 permit shall be exercised at not more than two 1,320
fixed counters, commonly known as bars, in rooms or places on the 1,321
permit premises, where malt beverages, mixed beverages, wine, or 1,322
spirituous liquor is sold to the public for consumption on the 1,323
premises. For each additional fixed counter on the permit 1,324
premises where those beverages are sold for consumption on the 1,325
28
premises, the permit holder shall obtain a duplicate D-2, D-3, 1,326
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, 1,327
D-5j, or D-6, OR D-8 permit.
The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, 1,330
D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-6, OR D-8 permit 1,332
shall be granted, upon application to the division of liquor 1,333
control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, 1,334
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-6, OR D-8 permit for 1,335
each additional fixed counter on the permit premises at which 1,336
beer, malt beverages, mixed beverages, wine, or spirituous liquor 1,337
is sold for consumption on the premises, provided the application 1,339
is made in the same manner as an application for an original 1,340
permit. The application shall be identified with DUPLICATE 1,342
printed on the permit application form furnished by the 1,343
department, in boldface type. The application shall identify by 1,345
name, or otherwise amply describe, the room or place on the 1,346
premises where the duplicate permit is to be operative. Each 1,348
duplicate permit shall be issued only to the same individual, 1,349
firm, or corporation as that of the original permit and shall be 1,350
an exact duplicate in size and word content as the original 1,351
permit, except that it shall show on it the name or other ample 1,353
identification of the room, or place, for which it is issued and 1,354
shall have DUPLICATE printed on it in boldface type. A duplicate 1,357
permit shall bear the same number as the original permit. The 1,358
fee for a duplicate permit is: D-1, one hundred dollars; D-2, 1,360
one hundred dollars; D-3, four hundred dollars; D-3a, four 1,361
hundred dollars; D-4, two hundred dollars; D-5, one thousand 1,362
dollars; D-5a, one thousand dollars; D-5b, one thousand dollars; 1,363
D-5c, four hundred dollars; D-5e, six hundred fifty dollars; 1,364
D-5f, one thousand dollars; D-6, one hundred dollars when issued 1,365
to the holder of a D-4a permit; and in all other cases one 1,366
hundred dollars or an amount which THAT is twenty per cent of the 1,368
fees payable for the A-1-A, D-2, D-3, D-3a, D-4, D-5, D-5a, D-5b, 1,369
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, and D-6, AND D-8 permits 1,370
29
issued to the same premises, whichever is higher. Application 1,371
for a duplicate permit may be filed any time during the life of 1,372
an original permit. The fee for each duplicate D-2, D-3, D-3a, 1,373
D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 1,374
or D-6, OR D-8 permit shall accompany the application for each 1,376
such duplicate permit. 1,377
Sec. 4303.35. No holders of A-1-A, C-1, C-2, D-1, D-2, 1,386
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 1,387
D-5g, D-5h, D-5i, D-5j, D-8, or F permits shall purchase any beer 1,388
or malt beverage subject to the tax imposed by sections 4301.42 1,390
and 4305.01 of the Revised Code or any wine or mixed beverage 1,391
subject to the tax imposed by section 4301.43 of the Revised Code 1,392
for resale, except from holders of A or B permits. 1,393
No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, 1,395
D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j permits shall 1,396
purchase spirituous liquor for resale except from the division of 1,397
liquor control, unless with the special consent of the division 1,398
under particular regulations and markup provisions prescribed by 1,400
the superintendent of liquor control.
Sec. 4399.12. No provision contained in Title XLIII of the 1,409
Revised Code that prohibits the sale of intoxicating liquors in 1,410
any of the circumstances described in section 4399.11 of the 1,411
Revised Code extends to or prevents the holder of an A, B, C-2, 1,412
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, 1,413
D-5h, D-5i, D-5j, D-8, G, or I permit issued by the division of 1,415
liquor control from distributing or selling intoxicating liquor 1,416
at the place of business described in the permit of the holder. 1,417
Section 2. That existing sections 4301.17, 4301.333, 1,419
4301.351, 4301.354, 4301.355, 4301.361, 4301.364, 4301.365, 1,420
4301.37, 4301.62, 4303.07, 4303.10, 4303.11, 4303.12, 4303.182, 1,421
4303.30, 4303.35, and 4399.12 of the Revised Code are hereby 1,422
repealed.
Section 3. Section 4303.182 of the Revised Code is 1,424
presented in this act as a composite of the section as amended by 1,425
30
both Sub. H.B. 223 and Am. Sub. H.B. 283 of the 123rd General 1,426
Assembly, with the new language of neither of the acts shown in 1,427
capital letters. This is in recognition of the principle stated 1,428
in division (B) of section 1.52 of the Revised Code that such 1,429
amendments are to be harmonized where not substantively 1,430
irreconcilable and constitutes a legislative finding that such is 1,431
the resulting version in effect prior to the effective date of 1,432
this act.