As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                            Sub. S. B. No. 262   5            

      1999-2000                                                    6            


                     SENATORS GARDNER-WATTS                        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, 4301.40, 4301.402, 4301.62, 4303.181,                  

                4303.182, 4303.30, 4303.35, and 4399.12, and to    15           

                enact section 4303.184 of the Revised Code to      16           

                create the D-8 permit to be issued to certain                   

                retail stores to allow the sale of tasting         17           

                samples of beer, wine, and mixed beverages, to     18           

                allow agency stores to sell spirituous liquor in   19           

                50 milliliter containers under certain                          

                conditions, to allow local option elections on     20           

                the Sunday sale of intoxicating liquor between     21           

                the hours of 10 a.m. and midnight, to change       22           

                certain of the requirements for the issuance and   23           

                renewal of the D-5i permit, to exempt the sale of  24           

                beer and intoxicating liquor at publicly owned     25           

                golf courses and at premises located at the Ohio   26           

                Historical Society or the state fairgrounds from                

                the effects of local option elections, to allow    27           

                Sunday liquor sales at publicly owned golf                      

                courses and at premises located at the Ohio        28           

                Historical Society or the state fairgrounds        29           

                whether or not such sales have been approved at                 

                local option elections, and to make changes in     32           

                the law governing local option elections on beer                

                and liquor sales at a specific premises.           33           

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        35           

      Section 1.  That sections 4301.17, 4301.333, 4301.351,       37           

4301.354, 4301.355, 4301.361, 4301.364, 4301.365, 4301.37,         38           

4301.40, 4301.402, 4301.62, 4303.181, 4303.182, 4303.30, 4303.35,  40           

and 4399.12 be amended and section 4303.184 of the Revised Code    41           

be enacted to read as follows:                                                  

      Sec. 4301.17.  (A)(1)  Subject to local option as provided   50           

in sections 4301.32 to 4301.40 of the Revised Code, five state     51           

liquor stores or agencies may be established in each county.  One  52           

additional store may be established in any county for each thirty  53           

thousand of population of such THAT county or major fraction       54           

thereof in excess of the first forty thousand, according to the    56           

last preceding federal census.  A person engaged in a mercantile   57           

business may act as the agent for the division of liquor control   60           

for the sale of spirituous liquor in a municipal corporation, in   61           

the unincorporated area of a township of not less than two         62           

thousand population, or in an area designated and approved as a    63           

resort area under section 4303.262 of the Revised Code, provided   64           

that not more than one agency contract shall be awarded in the     65           

unincorporated area of a county for each fifty thousand            66           

population of the county.  The division shall fix compensation     68           

for such AN agent in such THE manner as it deems CONSIDERS best,   69           

but such THAT compensation shall not exceed seven per cent of the  71           

gross sales made by such THE agent in any one year.                73           

      (2)  Except as otherwise provided in this section, no        75           

mercantile business that sells beer or intoxicating liquor for     78           

consumption on the premises under a permit issued by the division  79           

shall operate an agency store at such THAT premises or at any      80           

adjacent premises.  An agency to which a D-1 permit has been                    

issued may offer for sale tasting samples of beer, an agency to    82           

which a D-2 permit has been issued may offer for sale tasting      83           

samples of wine and mixed beverages, and an agency to which a D-5  84           

permit has been issued may offer for sale tasting samples of       85           

beer, wine, and mixed beverages, but not spirituous liquor.  A     86           

                                                          3      


                                                                 
tasting sample shall not be sold for the purpose of general        88           

consumption.  As used in this section, "tasting sample" means a                 

small amount of beer, wine, or mixed beverages that is provided    89           

in not more than four servings of not more than two ounces each    90           

to an authorized purchaser and that allows the purchaser to        91           

determine, by tasting only, the quality and character of the       92           

beverage.                                                                       

      (3)  A STATE LIQUOR STORE OR AN AGENCY STORE MAY SELL        94           

SPIRITUOUS LIQUOR IN FIFTY MILLILITER CONTAINERS, BUT ONLY IF THE  95           

CONTAINERS ARE IN SLEEVES, ARE NOT SOLD INDIVIDUALLY, ARE SOLD AT  96           

RETAIL ONLY, AND ARE ONLY SOLD FROM BEHIND A COUNTER.              97           

      (B)(1)  When an agency contract is proposed or when an       99           

existing agency is assigned, before entering into any such         100          

contract or consenting to any assignment, the division shall       101          

notify the legislative authority of the municipal corporation, or  102          

the board of county commissioners and the board of township        103          

trustees of the county and the township in which the agency store  104          

is to be located if the agency store is to be located outside the  105          

corporate limits of a municipal corporation, of the proposed       106          

contract, and an opportunity shall be provided officials or        107          

employees of the municipal corporation or county and township for  108          

a complete hearing upon the advisability of entering into the      109          

agency contract.  When the division sends notice to the            110          

legislative authority of the political subdivision, the            111          

department DIVISION shall notify, by certified mail or by          112          

personal service, the chief peace officer of the political         114          

subdivision, who may appear and testify, either in person or       115          

through a representative, at any hearing held on the advisability  116          

of entering into the agency contract.                              117          

      On or after July 21, 1986, if (2)  IF the proposed agency    120          

store would be located within five hundred feet of a school,       121          

church, library, public playground, or township park, the          122          

division shall not enter into an agency contract until it has      123          

provided notice of the proposed contract to the authorities in     124          

                                                          4      


                                                                 
control of the school, church, library, public playground, or      125          

township park and has provided such THOSE officials with an        126          

opportunity for a complete hearing upon the advisability of                     

entering into the contract.  If an agency store so located is      127          

operating under an agency contract, the division may consent to    129          

the assignment of that contract to operate an agency store at the  130          

same location, provided that the division shall not consent to an  131          

assignment until it has notified the authorities in control of     132          

the school, church, library, public playground, or township park   133          

and has provided such THOSE officials with an opportunity for a    134          

complete hearing upon the advisability of consenting to the        135          

assignment.                                                                     

      (3)  Any hearing provided for in this division (B)(1) OR     138          

(2) OF THIS SECTION shall be held in the central office of the     140          

division, except that upon written request of the legislative      143          

authority of the municipal corporation, the board of county        144          

commissioners, or THE board of township trustees, the hearing      145          

shall be held in the county seat of the county where the proposed  146          

agency store is to be located.                                                  

      (C)(1)  All agency contracts entered into by the division    148          

pursuant to this section shall be in writing and shall contain a   149          

clause providing for the termination of the contract at will by    150          

the division upon its giving ninety days' notice in writing to     151          

such THE agent of its intention to do so.  Any agency contract     152          

may include a clause requiring the agent to report to the          154          

appropriate law enforcement agency the name and address of any     155          

individual under twenty-one years of age who attempts to make an   156          

illegal purchase.                                                  157          

      (2)  An agent may engage in the selling of beer, mixed       159          

beverages, and wine pursuant to permits issued to the agent under  160          

Chapter 4303. of the Revised Code.                                 161          

      (3)  The division shall issue a C-1 and C-2 permit to each   163          

agent who prior to November 1, 1994, had not been issued both of   165          

these permits, notwithstanding the population quota restrictions   166          

                                                          5      


                                                                 
contained in section 4303.29 of the Revised Code or in any rule    167          

of the liquor control commission and notwithstanding the           168          

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  169          

be transferred.  The division shall revoke any C-1 or C-2 PERMIT   170          

issued to an agent under DIVISION (C)(3) OF this paragraph         172          

SECTION if the agent no longer operates an agency store.           173          

      (4)  No person shall operate, or have any interest,          176          

directly or indirectly, in more than four state agencies in any    177          

one county or more than eight state agencies in the state for the  178          

sale of spirituous liquor.  For purposes of this section, a        179          

person has an interest in a state agency if the person is a        180          

partner, member, officer, or director of, or a shareholder owning  181          

ten per cent or more of the capital stock of, any legal entity     182          

with which the department DIVISION has entered into an agency      184          

contract.                                                                       

      (5)  The division may enter into agreements with the         186          

department of development to implement a minority loan program to  188          

provide low-interest loans to minority business enterprises, as    189          

defined in section 122.71 of the Revised Code, that are awarded    190          

liquor agency contracts or assignments.                                         

      (D)(1)  If the division closes a state liquor store and      192          

replaces that store with an agency store, any employees of the     194          

division employed at that state liquor store who lose their jobs   195          

at that store as a result shall be given preference by the agent   196          

who operates the agency store in filling any vacancies that occur  197          

among the agent's employees, if such THE preference does not       198          

conflict with the agent's obligations pursuant to a collective     200          

bargaining agreement.                                              201          

      (2)  If the division closes a state liquor store and         203          

replaces the store with an agency store, any employees of the      205          

division employed at the state liquor store who lose their jobs    206          

at that store as a result may displace other employees as          207          

provided in sections 124.321 to 124.328 of the Revised Code.  If                

                                                          6      


                                                                 
an employee cannot displace other employees and is laid off, the   208          

employee shall be reinstated in another job as provided in         209          

sections 124.321 to 124.328 of the Revised Code, except that the   210          

employee's rights of reinstatement in a job at a state liquor      211          

store shall continue for a period of two years after the date of   212          

the employee's layoff and shall apply to jobs at state liquor                   

stores located in the employee's layoff jurisdiction and any       213          

layoff jurisdiction adjacent to the employee's layoff              214          

jurisdiction.                                                                   

      (E)  The division shall require every such agent to give     217          

bond with surety to the satisfaction of the division, in such THE  218          

amount as the division fixes, conditioned for the faithful         219          

performance of the agent's duties as prescribed by the division.   220          

      Sec. 4301.333.  (A)  The privilege of local option           230          

conferred by section 4301.323 of the Revised Code may be           231          

exercised if, not later than four p.m. of the seventy-fifth day    233          

before the day of a general or primary election, a petition is     234          

presented to the board of elections of the county in which the     235          

precinct is situated by a petitioner who is one of the following:  236          

      (1)  An applicant for the issuance or transfer of a liquor   238          

permit at, or to, a particular location within the precinct;       240          

      (2)  The holder of a liquor permit at a particular location  242          

within the precinct;                                               243          

      (3)  A person who operates or seeks to operate a liquor      245          

agency store at a particular location within the precinct;         247          

      (4)  The designated agent for an applicant, liquor permit    249          

holder, or liquor agency store described in division (A)(1), (2),  250          

or (3) of this section.                                            251          

      (B)  The petition shall be signed by the electors of the     254          

precinct equal in number to at least thirty-five per cent of the   255          

total number of votes cast in the precinct for the office of       256          

governor at the preceding general election of FOR that office and  257          

shall contain all of the following:                                258          

      (1)  A notice that the petition is for the submission of     260          

                                                          7      


                                                                 
the question or questions set forth in section 4301.353 4301.355   262          

of the Revised Code;                                               263          

      (2)  The name of the applicant for the issuance or           265          

transfer, or the holder, of the liquor permit or, if applicable,   266          

the name of the liquor agency store, including any trade or        267          

fictitious names under which the applicant or, holder, or liquor   269          

agency store either intends to DO or does do business at the       270          

particular location;                                               271          

      (3)  If the petitioner is the designated agent of the        273          

applicant, liquor holder, or liquor agency store, written          274          

evidence of the designation of the agent by the applicant, liquor  276          

permit holder, or liquor agency store for the purpose of                        

petitioning for the local option election;                         277          

      (4)  The address and proposed use of the particular          279          

location within the election precinct to which the results of the  281          

question or questions specified in section 4301.355 of the                      

Revised Code shall apply.  For purposes of this division, "use"    283          

means all of the following:                                                     

      (a)  The type of each liquor permit applied for by the       285          

applicant or held by the liquor permit holder as described in      286          

sections 4303.11 to 4303.183 of the Revised Code, including a      288          

description of the type of beer or intoxicating liquor sales       289          

authorized by each permit as provided in those sections;           290          

      (b)  If a liquor agency store, the fact that the business    292          

operated as a liquor agency store authorized to operate by the     293          

THIS state of Ohio;                                                295          

      (c)  A description of the general nature of the business of  297          

the applicant, liquor permit holder, or liquor agency store.       298          

      (5)(C)(1)  AT THE TIME THE PETITIONER FILES THE PETITION     300          

WITH THE BOARD OF ELECTIONS, THE PETITIONER SHALL PROVIDE TO THE   301          

BOARD BOTH OF THE FOLLOWING:                                       302          

      (a)  An affidavit THAT IS signed by the petitioner stating   305          

AND THAT STATES the proposed use of the location following the     306          

election held to authorize the sale of beer and OR intoxicating    307          

                                                          8      


                                                                 
liquor.                                                                         

      (C) AUTHORIZED BY EACH PERMIT AS PROVIDED IN SECTIONS        309          

4303.11 TO 4303.183 OF THE REVISED CODE;                           310          

      (b)  WRITTEN EVIDENCE OF THE DESIGNATION OF AN AGENT BY THE  312          

APPLICANT, LIQUOR PERMIT HOLDER, OR LIQUOR AGENCY STORE DESCRIBED  313          

IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION FOR THE PURPOSE    314          

OF PETITIONING FOR THE LOCAL OPTION ELECTION, IF THE PETITIONER    315          

IS THE DESIGNATED AGENT OF THE APPLICANT, LIQUOR PERMIT HOLDER,    316          

OR LIQUOR AGENCY STORE.                                                         

      (2)  FAILURE TO SUPPLY THE AFFIDAVIT, OR THE WRITTEN         318          

EVIDENCE OF THE DESIGNATION OF THE AGENT IF THE PETITIONER FOR     319          

THE LOCAL OPTION ELECTION IS THE AGENT OF THE APPLICANT, LIQUOR    320          

PERMIT HOLDER, OR LIQUOR AGENCY STORE DESCRIBED IN DIVISION        321          

(A)(1), (2), OR (3) OF THIS SECTION, AT THE TIME THE PETITION IS   322          

FILED INVALIDATES THE ENTIRE PETITION.                                          

      (D)  Not later than the sixty-sixth day before the day of    325          

the next general or primary election, whichever occurs first, the  326          

board shall examine and determine the sufficiency of the           327          

signatures and the validity of the petition.  If the board finds   328          

that the petition contains sufficient signatures and in other      329          

respects is valid, it shall order the holding of an election in    330          

the precinct on the day of the next general or primary election,   331          

whichever occurs first, for the submission of the question or      332          

questions set forth in section 4301.355 of the Revised Code.       333          

      (D)(E)  A petition filed with the board of elections under   336          

this section shall be open to public inspection under rules        337          

adopted by the board.                                                           

      (E)(F)  An elector who is eligible to vote on the question   340          

or questions set forth in section 4301.355 of the Revised Code     342          

may file, not later than four p.m. of the sixty-fourth day before  345          

the day of the election at which the question or questions will    346          

be submitted to the electors, a protest against a local option     347          

petition circulated and filed pursuant to this section.  The       348          

protest shall be in writing and shall be filed with the election   349          

                                                          9      


                                                                 
officials with whom the petition was filed.  Upon the filing of    350          

the protest, the election officials with whom it is filed shall    351          

promptly establish a time and place for hearing the protest and    352          

shall mail notice of the time and place for the hearing to the     353          

applicant for, or the holder of, the liquor permit who is          354          

specified in the petition and to the elector who filed the         355          

protest.  At the time and place established in the notice, the     356          

election officials shall hear the protest and determine the        357          

validity of the petition.                                          358          

      Sec. 4301.351.  (A)  If a petition is for submission of the  367          

question of whether the sale of intoxicating liquor shall be       368          

permitted on Sunday, a special election shall be held in the       369          

precinct at the time fixed as provided in section 4301.33 of the   371          

Revised Code.  The expenses of holding the election shall be       372          

charged to the municipal corporation or township of which the      373          

precinct is a part.                                                             

      (B)  At the election, one or more of the following           375          

questions, as designated in a valid petition, shall be submitted   377          

to the electors of the precinct:                                   378          

      (A)(1)  "Shall the sale of intoxicating liquor, of the same  380          

types as may be legally sold in this precinct on other days of     382          

the week, be permitted in this ........ for consumption on the     383          

premises where sold, between the hours of one p.m. and midnight    384          

on Sunday?"                                                                     

      (B)(2)  "Shall the sale of intoxicating liquor, of the same  386          

types as may be legally sold in this precinct on other days of     388          

the week, be permitted in this ........ for consumption on the     389          

premises where sold, between the hours of one p.m. and midnight    390          

on Sunday, at licensed premises where the sale of food and other   391          

goods and services exceeds fifty per cent of the total gross       392          

receipts of the permit holder at the premises?"                                 

      (C)(3)  "Shall the sale of wine and mixed beverages, of the  395          

same types as may be legally sold in this precinct on other days   397          

of the week, be permitted in this ........ for consumption off     398          

                                                          10     


                                                                 
the premises where sold, between the hours of one p.m. and         399          

midnight on Sunday?"                                                            

      (C)  AT THE ELECTION, ONE OR MORE OF THE FOLLOWING           401          

QUESTIONS, AS DESIGNATED IN A VALID PETITION, SHALL BE SUBMITTED   402          

TO THE ELECTORS OF THE PRECINCT:                                   403          

      (1)  "SHALL THE SALE OF INTOXICATING LIQUOR, OF THE SAME     405          

TYPES AS MAY BE LEGALLY SOLD IN THIS PRECINCT ON OTHER DAYS OF     407          

THE WEEK, BE PERMITTED IN THIS ........ FOR CONSUMPTION ON THE     408          

PREMISES WHERE SOLD, BETWEEN THE HOURS OF TEN a.m. AND MIDNIGHT    409          

ON SUNDAY?"                                                                     

      (2)  "SHALL THE SALE OF INTOXICATING LIQUOR, OF THE SAME     411          

TYPES AS MAY BE LEGALLY SOLD IN THIS PRECINCT ON OTHER DAYS OF     413          

THE WEEK, BE PERMITTED IN THIS ........ FOR CONSUMPTION ON THE     414          

PREMISES WHERE SOLD, BETWEEN THE HOURS OF TEN a.m. AND MIDNIGHT    415          

ON SUNDAY, AT LICENSED PREMISES WHERE THE SALE OF FOOD AND OTHER   418          

GOODS AND SERVICES EXCEEDS FIFTY PER CENT OF THE TOTAL GROSS       419          

RECEIPTS OF THE PERMIT HOLDER AT THE PREMISES?"                                 

      (3)  "SHALL THE SALE OF WINE AND MIXED BEVERAGES, OF THE     421          

SAME TYPES AS MAY BE LEGALLY SOLD IN THIS PRECINCT ON OTHER DAYS   423          

OF THE WEEK, BE PERMITTED IN THIS ........ FOR CONSUMPTION OFF     424          

THE PREMISES WHERE SOLD, BETWEEN THE HOURS OF TEN a.m. AND         425          

MIDNIGHT ON SUNDAY?"                                                            

      (D)  No C or D permit holder who first applied for such a    427          

permit after April 15, 1982, shall sell beer on Sunday unless the  428          

sale of intoxicating liquor is authorized in the precinct or       429          

portion thereof OF THE PRECINCT at an election on question (A),    431          

(B)(1), (B)(2), OR (B)(3) OF THIS SECTION, or ON QUESTION (C)(1),  433          

(C)(2), OR (C)(3) of this section or at an election, on question   434          

(A), (B)(1), (B)(2), OR (B)(3) OF SECTION 4301.354 OF THE REVISED  436          

CODE, or ON QUESTION (C)(1), (C)(2), OR (C)(3) of section          438          

4301.354 of the Revised Code, whichever question or questions are  440          

appropriate OR ON QUESTION (B)(2) OF SECTION 4301.355 OF THE       441          

REVISED CODE.  No D-6 permit is required for the sale of beer on   443          

Sunday.                                                                         

                                                          11     


                                                                 
      The board of elections to which the petition is presented    445          

shall furnish printed ballots at the election in accordance with   446          

section 3505.06 of the Revised Code, and separate ballots shall    447          

be used for the special election.  One or more of the questions    448          

prescribed by DIVISIONS (B) AND (C) OF this section, as            450          

designated in the petition, shall be set forth on each ballot,     451          

and the board shall insert in each question the name or an         452          

accurate description of the precinct in which the election is to   453          

be held.  Votes shall be cast as provided in section 3505.06 of    454          

the Revised Code.                                                               

      Sec. 4301.354.  (A)  If a petition is filed under section    463          

4301.332 of the Revised Code for the submission of the one or      466          

more questions set forth in this section, a special election       468          

shall be held in the precinct as ordered by the board of           469          

elections under that section.  The expense of holding the special               

election shall be charged to the municipal corporation or          470          

township of which the precinct is a part.                          471          

      (B)  At the election, one or more of the following           473          

questions, as designated in a valid petition, shall be submitted   475          

to the electors of the precinct concerning Sunday sales:           476          

      (A)(1)  "Shall the sale of intoxicating liquor be permitted  478          

in a portion of this precinct between the hours of one p.m. and    480          

midnight on Sunday for consumption on the premises where sold,     482          

where the status of such Sunday sales as allowed or prohibited is  483          

inconsistent with the status of such Sunday sales in the           484          

remainder of the precinct?"                                                     

      (B)(2)  "Shall the sale of intoxicating liquor be permitted  487          

in a portion of this precinct between the hours of one p.m. and    489          

midnight on Sunday for consumption on the premises where sold at   490          

licensed premises where the sale of food and other goods exceeds   491          

fifty per cent of the total gross receipts of the permit holder    492          

at the premises, where the status of such Sunday sales as allowed  494          

or prohibited is inconsistent with the status of such Sunday       495          

sales in the remainder of the precinct?"                                        

                                                          12     


                                                                 
      (C)(3)  "Shall the sale of wine and mixed beverages be       498          

permitted in a portion of this precinct between the hours of one   499          

p.m. and midnight on Sunday for consumption off the premises       501          

where sold, where the status of such Sunday sales as allowed or    502          

prohibited is inconsistent with the status of such Sunday sales    503          

in the remainder of the precinct?"                                              

      (C)  AT THE ELECTION, ONE OR MORE OF THE FOLLOWING           505          

QUESTIONS, AS DESIGNATED IN A VALID PETITION, SHALL BE SUBMITTED   506          

TO THE ELECTORS OF THE PRECINCT CONCERNING SUNDAY SALES:           507          

      (1)  "SHALL THE SALE OF INTOXICATING LIQUOR BE PERMITTED IN  510          

A PORTION OF THIS PRECINCT BETWEEN THE HOURS OF TEN a.m. AND       512          

MIDNIGHT ON SUNDAY FOR CONSUMPTION ON THE PREMISES WHERE SOLD,     514          

WHERE THE STATUS OF SUCH SUNDAY SALES AS ALLOWED OR PROHIBITED IS  515          

INCONSISTENT WITH THE STATUS OF SUCH SUNDAY SALES IN THE           516          

REMAINDER OF THE PRECINCT?"                                                     

      (2)  "SHALL THE SALE OF INTOXICATING LIQUOR BE PERMITTED IN  519          

A PORTION OF THIS PRECINCT BETWEEN THE HOURS OF TEN a.m. AND       520          

MIDNIGHT ON SUNDAY FOR CONSUMPTION ON THE PREMISES WHERE SOLD AT   521          

LICENSED PREMISES WHERE THE SALE OF FOOD AND OTHER GOODS EXCEEDS   523          

FIFTY PER CENT OF THE TOTAL GROSS RECEIPTS OF THE PERMIT HOLDER    524          

AT THE PREMISES, WHERE THE STATUS OF SUCH SUNDAY SALES AS ALLOWED  525          

OR PROHIBITED IS INCONSISTENT WITH THE STATUS OF SUCH SUNDAY       526          

SALES IN THE REMAINDER OF THE PRECINCT?"                           527          

      (3)  "SHALL THE SALE OF WINE AND MIXED BEVERAGES BE          529          

PERMITTED IN A PORTION OT THIS PRECINCT BETWEEN THE HOURS OF TEN   530          

a.m. AND MIDNIGHT ON SUNDAY FOR CONSUMPTION OFF THE PREMISES       533          

WHERE SOLD, WHERE THE STATUS OF SUCH SUNDAY SALES AS ALLOWED OR    534          

PROHIBITED IS INCONSISTENT WITH THE STATUS OF SUCH SUNDAY SALES    535          

IN THE REMAINDER OF THE PRECINCT?"                                              

      (D)  The board of elections shall furnish printed ballots    537          

at the special election as provided under section 3505.06 of the   539          

Revised Code, except that a separate ballot shall be used for the  540          

special election.  The one or more questions set forth in          541          

DIVISIONS (B) AND (C) OF this section shall be printed on each     542          

                                                          13     


                                                                 
ballot, and the board shall insert in the question and statement   543          

appropriate words to complete each and a description of the        544          

portion of the precinct that would be affected by the results of   546          

the election.                                                                   

      The description of the portion of the precinct shall         549          

include either the complete listing of street addresses in that                 

portion or a condensed text that accurately describes the          550          

boundaries of the portion of the precinct by street name or by     551          

another name generally known by the residents of the portion of    553          

the precinct.  If other than a full street listing is used, the    554          

full street listing also shall be posted in each polling place in  555          

a location that is easily accessible to all voters.  Failure of    556          

the board of elections to completely and accurately list all       557          

street addresses in the affected area of the precinct does not     558          

affect the validity of the election at which the failure occurred  559          

and is not grounds for contesting an election under section        560          

3515.08 of the Revised Code.  Votes shall be cast as provided      561          

under section 3505.06 of the Revised Code.                                      

      Sec. 4301.355.  (A)  If a petition is filed under section    571          

4301.333 of the Revised Code for the submission of the question    573          

or questions set forth in this section, it shall be held in the    574          

precinct as ordered by the board of elections under that section.  575          

The expense of holding the election shall be charged to the        576          

municipal corporation or township of which the precinct is a       577          

part.                                                                           

      (B)  At the election, one or more of the following           580          

questions, as designated in a valid petition, shall be submitted   581          

to the electors of the precinct:                                   582          

      (1)  "Shall the sale of beer and any ........ (INSERT BEER,  585          

WINE AND MIXED BEVERAGES, OR intoxicating liquor) be permitted     586          

by.......(insert name of applicant, liquor permit holder, or       587          

liquor agency store, including trade or fictitious name under      588          

which applicant for, or holder of, liquor permit or liquor agency  589          

store either intends to DO, or does, do business at the            591          

                                                          14     


                                                                 
particular location), an ......... (insert "applicant for" or                   

"holder of" or "operator of") a ........(insert class name of      592          

liquor permit or permits followed by the words "liquor permit(s)"  593          

or, if appropriate, the words "liquor agency store for the State   594          

of Ohio"), who is engaged in the business of .......(insert        595          

general nature of the business in which applicant or liquor        596          

permit holder is engaged or to WILL be engaged IN at the           597          

particular location, as described in the petition) at              599          

............(insert address of the particular location within the  600          

precinct as set forth in the petition) in this precinct?"          601          

      (2)  "Shall the sale of beer and ........ (INSERT BEER,      604          

WINE AND MIXED BEVERAGES, OR intoxicating liquor) be permitted     605          

for sale on Sunday by ........ (insert name of applicant, liquor   606          

permit holder, or liquor agency store, including trade or                       

fictitious name under which applicant for, or holder of, liquor    607          

permit or liquor agency store either intends to DO, or does, do    608          

business at the particular location), an ......(insert "applicant  610          

for a D-6 liquor permit," "holder of a D-6 liquor permit,"         613          

"APPLICANT FOR OR HOLDER OF AN A-1-A, A-2, C-1, C-2x, D-1, D-2x,   616          

D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f, D-5g, D-5h, D-5i,     619          

D-5j, D-7, OR D-8 LIQUOR PERMIT," IF ONLY THE APPROVAL OF BEER     621          

SALES IS SOUGHT, or "liquor agency store") who is engaged in the   622          

business of ...........(insert general nature of the business in   624          

which applicant or liquor permit holder is engaged or to WILL be   625          

engaged IN at the particular location, as described in the         627          

petition) at......... (insert address of the particular location   628          

within the precinct) in this precinct?"                            629          

      If the sale of beer and, WINE AND MIXED BEVERAGES, OR        631          

intoxicating liquor has been approved at a particular location     633          

within the precinct at a previous election held under section      634          

4301.355 of the Revised Code, the ballot also shall include the    637          

following statement:                                                            

      "At a previous election held under section 4301.355 of the   639          

Revised Code, the electors approved the sale of beer and .......   642          

                                                          15     


                                                                 
(INSERT BEER, WINE AND MIXED BEVERAGES, OR intoxicating liquor,    644          

AS APPROPRIATE) at........(insert business name and address of     646          

the particular location or locations within the precinct where     647          

such sale has been approved at a previous election under section   648          

4301.355 of the Revised Code)."                                    650          

      The board of elections shall furnish printed ballots at the  653          

election as provided under section 3505.06 of the Revised Code,    655          

except that a separate ballot shall be used for the election       656          

under section 4301.355 of the Revised Code.  The question and, if  659          

applicable, the statement set forth in this section shall be                    

printed on each ballot, and the board shall insert in the          660          

question and statement appropriate words to complete each.  Votes  661          

shall be cast as provided under section 3505.06 of the Revised     663          

Code.                                                              664          

      Sec. 4301.361.  If a majority of the electors voting on      673          

questions set forth in section 4301.351 of the Revised Code in a   674          

precinct vote "yes" on question (A)(B)(1) OR (C)(1), or, if both   677          

questions (A)(B)(1) and (B)(2), OR QUESTIONS (C)(1) AND (C)(2),    678          

are submitted, "yes" on both questions or "yes" on question        680          

(A)(B)(1) OR (C)(1) but "no" on question (B)(2) OR (C)(2), sales   681          

of intoxicating liquor shall be allowed in the manner and under    682          

the conditions specified in question (A)(B)(1) OR (C)(1), under a  684          

D-6 permit, within the precinct concerned, during the period the   686          

election is in effect as defined in section 4301.37 of the                      

Revised Code.                                                      687          

      If only question (B)(2) OR (C)(2) is submitted to the        689          

voters or if questions (B)(2) and (B)(3) OR (C)(2) AND (C)(3) are  692          

submitted and a majority of the electors voting in a precinct      693          

vote "yes" on question (B)(2) OR (C)(2) as set forth in section    694          

4301.351 of the Revised Code, sales of intoxicating liquor shall   696          

be allowed in the manner and under the conditions specified in     697          

question (B)(2) OR (C)(2), under a D-6 permit, within the          699          

precinct concerned, during the period the election is in effect    700          

as defined in section 4301.37 of the Revised Code, even if         701          

                                                          16     


                                                                 
question (A)(B)(1) OR (C)(1) was also submitted and a majority of  703          

the electors voting in the precinct voted "no."                    704          

      If question (B)(3) OR (C)(3) is submitted and a majority of  707          

electors voting on the question (B)(3) OR (C)(3) AS set forth in   709          

section 4301.351 of the Revised Code in a precinct vote "yes,"     710          

sales of wine and mixed beverages shall be allowed in the manner   711          

and under the conditions specified in question (B)(3) OR (C)(3),   713          

under a D-6 permit, within the precinct concerned, during the      715          

period the election is in effect as defined in section 4301.37 of  716          

the Revised Code.                                                               

      If questions (A)(B)(1), (B)(2), and (C)(B)(3), OR QUESTIONS  719          

(C)(1), (C)(2), AND (C)(3), as set forth in section 4301.351 of    722          

the Revised Code, are all submitted and a majority of the          723          

electors voting in such precinct vote "no" on all three            724          

questions, no sales of intoxicating liquor shall be made within    725          

the precinct concerned after two-thirty a.m. on Sunday AS          726          

SPECIFIED IN THE QUESTIONS SUBMITTED, during the period the        727          

election is in effect as defined in section 4301.37 of the         728          

Revised Code.                                                                   

      Sec. 4301.364.  (A)  If a majority of the electors in a      737          

precinct vote "yes" on question (A)(B)(1) OR (C)(1) as set forth   739          

in section 4301.354 of the Revised Code, the sale of intoxicating  741          

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    743          

the precinct affected by the results of the election between the   744          

hours of one p.m. and midnight on Sunday for consumption on the    747          

premises where sold IN THE MANNER AND UNDER THE CONDITIONS         748          

SPECIFIED IN THE QUESTION, subject only to Chapters 4301. and      749          

4303. of the Revised Code.                                                      

      (B)  If a majority of the electors in a precinct vote "yes"  751          

on question (B)(2) OR (C)(2) as set forth in section 4301.354 of   754          

the Revised Code, the sale of intoxicating liquor, of the same     755          

types as may be legally sold in the precinct on other days of the  756          

week, shall be permitted in the portion of the precinct affected   757          

                                                          17     


                                                                 
by the results of the election between the hours of one p.m. and   759          

midnight on Sunday for consumption on the premises where sold at   760          

licensed premises where the sale of food and other goods exceeds   761          

fifty per cent of the total gross receipts of the permit holder    762          

at the premises IN THE MANNER AND UNDER THE CONDITIONS SPECIFIED   763          

IN THE QUESTION, subject only to Chapters 4301. and 4303. of the   764          

Revised Code.                                                                   

      (C)  If a majority of the electors in a precinct vote "yes"  766          

on question (B)(3) OR (C)(3) as set forth in section 4301.354 of   769          

the Revised Code, the sale of wine and mixed beverages shall be    771          

permitted in the portion of the precinct affected by the results   772          

of the election between the hours of one p.m. and midnight on      773          

Sunday for consumption off the premises where sold IN THE MANNER   774          

AND UNDER THE CONDITIONS SPECIFIED IN THE QUESTION, subject only   775          

to Chapters 4301. and 4303. of the Revised Code.                   776          

      (D)  If a majority of the electors in a precinct vote "no"   778          

on question (A)(B)(1) OR (C)(1) as set forth in section 4301.354   780          

of the Revised Code, no sale of intoxicating liquor shall be       782          

permitted between the hours of one p.m. and midnight on Sunday     784          

for consumption on the premises where sold IN THE MANNER AND       785          

UNDER THE CONDITIONS SPECIFIED IN THE QUESTION in the portion of   786          

the precinct affected by the results of the election.              787          

      (E)  If a majority of the electors in a precinct vote "no"   789          

on question (B)(2) OR (C)(2) as set forth in section 4301.354 of   792          

the Revised Code, no sale of intoxicating liquor, shall be         794          

permitted between the hours of one p.m. and midnight on Sunday     796          

for consumption on the premises where sold at licensed premises    797          

where the sale of food and other goods exceeds fifty per cent of   798          

the total gross receipts of the permit holder at the premises, IN  799          

THE MANNER AND UNDER THE CONDITIONS SPECIFIED IN THE QUESTION in   800          

the portion of the precinct affected by the results of the         801          

election.                                                                       

      (F)  If a majority of the electors in a precinct vote "no"   803          

on question (B)(3) OR (C)(3) as set forth in section 4301.354 of   806          

                                                          18     


                                                                 
the Revised Code, no sale of wine or mixed beverages shall be      807          

permitted between the hours of one p.m. and midnight on Sunday     808          

for consumption off the premises where sold IN THE MANNER AND      809          

UNDER THE CONDITIONS SPECIFIED IN THE QUESTION in the portion of   810          

the precinct affected by the results of the election.              811          

      Sec. 4301.365. (A) If a majority of the electors in a        821          

precinct vote "yes" on questions (B)(1) and (2), as set forth in   822          

section 4301.355 of the Revised Code, the sale of beer, WINE and   824          

MIXED BEVERAGES, OR intoxicating liquor, WHICHEVER WAS THE         825          

SUBJECT OF THE ELECTION, shall be allowed at the particular        827          

location and for the use specified in the question under each      828          

permit applied for by the petitioner or at the address listed for  829          

the liquor agency store subject only to Chapters 4301. and 4303.   830          

of the Revised Code.  Failure to continue to use the particular    833          

location for any proposed or stated use set forth in the petition  834          

shall constitute good cause for the denial of a renewal of the     835          

liquor permit under division (A) of section 4303.271 of the        836          

Revised Code or cause for the nonrenewal or cancellation of the    839          

liquor agency store contract by the division of liquor control,    840          

except in the case where the liquor permit holder or liquor        841          

agency store decides to cease the sale of beer, WINE AND MIXED     842          

BEVERAGES, or intoxicating liquor, WHICHEVER WAS THE SUBJECT OF    843          

THE ELECTION, on Sundays.                                          844          

      (B)  If a majority of the electors in a precinct vote "yes"  847          

on question (B)(1) and "no" on question (B)(2) as set forth in     849          

section 4301.355 of the Revised Code, the sale of beer, WINE and   851          

MIXED BEVERAGES, OR intoxicating liquor, WHICHEVER WAS THE         852          

SUBJECT OF THE ELECTION, shall be allowed at the particular        853          

location for the use specified in question (B)(1) of section       855          

4301.355 of the Revised Code and under each permit applied for by  858          

the petitioner, except for a D-6 permit, subject only to Chapters  860          

4301. and 4303. of the Revised Code.                               862          

      (C)  If a majority of the electors in a precinct vote "no"   865          

on question (B)(1) as set forth in section 4301.355 of the         867          

                                                          19     


                                                                 
Revised Code, no sales of beer, WINE AND MIXED BEVERAGES, or       868          

intoxicating liquor, WHICHEVER WAS THE SUBJECT OF THE ELECTION,    870          

shall be allowed at the particular location for the use specified  871          

in the petition during the period the election is in effect as     872          

defined in section 4301.37 of the Revised Code.                    874          

      (D)  If a majority of the electors in a precinct vote only   877          

on question (B)(2) as set forth in section 4301.355 of the         879          

Revised  Code, and that vote results in a majority "yes" vote,     881          

sales of beer, WINE AND MIXED BEVERAGES, or intoxicating liquor,   882          

WHICHEVER WAS THE SUBJECT OF THE ELECTION, shall be allowed at     884          

the particular location for the use specified in the petition on   885          

Sunday during the period the election is in effect as defined in   887          

section 4301.37 of the Revised Code.                               889          

      (E)  If a majority of the electors in a precinct vote only   892          

on question (B)(2) as set forth in section 4301.355 of the         894          

Revised Code, and that vote results in a majority "no" vote, no    896          

sales of beer, WINE AND MIXED BEVERAGES, or intoxicating liquor,   897          

WHICHEVER WAS THE SUBJECT OF THE ELECTION, shall be allowed at     899          

the particular location for the use specified in the petition on   900          

Sunday during the period the election is in effect as defined in   902          

section 4301.37 of the Revised Code.                               904          

      (F)  In case of elections in the same precinct or            907          

overlapping precincts for the question or questions set forth in   908          

section 4301.355 of the Revised Code and for a question or         910          

questions set forth in section 4301.35, 4301.351, 4501.353,        911          

4501.354, 4303.29, or 4305.14 of the Revised Code, the results of  914          

the election held on the question or questions set forth in        915          

section 4301.355 of the Revised Code shall apply to the            917          

particular location notwithstanding the results of the election    918          

held on the question or questions set forth in section 4301.35,    919          

4301.351, 4301.353, 4501.354, 4303.29, or 4305.14 of the Revised   921          

Code.                                                              922          

      Sec. 4301.37.  (A)  When a local option election, other      931          

than an election under section 4301.351, 4301.352, 4301.353,       932          

                                                          20     


                                                                 
4301.354, 4301.355, or 4301.356 of the Revised Code, is held in    934          

any precinct, except as provided in divisions (G) and (H) of       936          

section 4301.39 of the Revised Code, the result of the election    937          

shall be effective in the precinct until another election is       939          

called and held pursuant to sections 4301.32 to 4301.36 of the     940          

Revised Code, but no such election shall be held in the precinct   941          

on the same question more than once in each four years.            942          

      (B)  When a local option election under section 4301.351 of  944          

the Revised Code is held in any precinct, except as provided in    946          

divisions (G) and (H) of section 4301.39 of the Revised Code, the  948          

result of the election shall be effective in the precinct until                 

another election is called and held pursuant to sections 4301.32   950          

to 4301.361 of the Revised Code, but no such election shall be     951          

held under section 4301.351 of the Revised Code in the precinct    952          

on the same question more than once in each four years.            953          

      (C)  When a local option election is held in a precinct      955          

under section 4301.352 of the Revised Code, and a majority of the  956          

electors voting on the question vote "yes," no subsequent local    957          

option election shall be held in the precinct upon the sale of     958          

beer or intoxicating liquor by the class C or D permit holder at   959          

the specified premises for a period of at least four calendar      960          

years from the date of the most recent local option election,      961          

except that this division shall not be construed to prohibit the   963          

holding or affect the results of a local option election under     964          

section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or         965          

4305.14 of the Revised Code.                                       966          

      (D)  When a local option election is held in a precinct      968          

under section 4301.353 or 4301.354 of the Revised Code, except as  969          

provided in divisions (G) and (H) of section 4301.39 of the        971          

Revised Code, the results of the election shall be effective       972          

until another election is held under that section on the same      973          

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    976          

years from the date of the most recent election on such question.  978          

                                                          21     


                                                                 
This division shall not be construed to prohibit the future        980          

holding of, or affect the future results of, a local option        981          

election held under section 4301.35, 4301.351, 4301.355, 4303.29,  982          

or 4305.14 of the Revised Code.                                    983          

      (E)  When a local option election is held in a precinct      985          

under section 4301.355 of the Revised Code, the results of that    986          

election shall be effective at the particular location designated  987          

in the petition until another election is held pursuant to         988          

section 4301.355 of the Revised Code, or until such time as an     989          

election is held pursuant to section 4301.352 of the Revised       990          

Code, but no election shall be held under section 4301.355 of the  991          

Revised Code regarding the same use at that particular location    992          

for a period of at least four calendar years from the date of the  993          

most recent election on such question.  The results of a local     995          

option election held in a precinct under section 4301.355 of the   996          

Revised Code shall not prohibit the holding of, and shall OR be    997          

affected by the results of, a local option election held under     999          

section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or         1,000        

4305.14 of the Revised Code.                                       1,001        

      (F)  When a local option election is held in a municipal     1,003        

corporation or unincorporated area of a township under section     1,005        

4301.356 of the Revised Code, the results of the election shall    1,006        

be effective at the community facility that was the subject of     1,007        

the election until another such election is held regarding that    1,008        

community facility, but no such election shall be held for a                    

period of at least four calendar years from the date of the        1,009        

election.  The results of a local option election held in a        1,011        

municipal corporation or unincorporated area of a township under   1,012        

section 4301.356 of the Revised Code shall not prohibit the        1,013        

holding of, or affect or be affected by the results of, a local    1,014        

option election held under section 4301.35, 4301.351, 4301.353,    1,016        

4301.354, 4303.29, or 4305.14 of the Revised Code.                 1,017        

      (G)  If a community facility is located in an election       1,019        

precinct in which a previous local option election in the          1,020        

                                                          22     


                                                                 
precinct resulted in approval of the sale of beer or intoxicating  1,021        

liquor in the precinct, the community facility shall sell beer or  1,023        

intoxicating liquor only to the extent permitted by the previous                

local option election until an election is held pursuant to        1,024        

section 4301.356 of the Revised Code.                              1,025        

      (H)  A community facility shall not be affected by a local   1,027        

option election held on or after the effective date of this        1,028        

amendment MARCH 30, 1999, unless the election is held under        1,030        

section 4301.356 of the Revised Code.                                           

      Sec. 4301.40.  (A)  No local option election held pursuant   1,039        

to sections 4301.32 to 4301.39 of the Revised Code shall affect    1,041        

or prohibit the following:                                                      

      (A)(1)  The transportation, possession, or consumption of    1,043        

intoxicating liquors within the precinct in which such election    1,045        

is held, nor sales in such precinct under B-3, E, or G permits;    1,048        

      (B)(2)  The sale of intoxicating liquors, at a permit        1,050        

premises located at any publicly owned airport, as defined in      1,052        

section 4563.01 of the Revised Code, at which commercial airline   1,053        

companies operate regularly scheduled flights on which space is    1,054        

available to the public, provided the permit holder operates                    

pursuant to the authority of a liquor permit issued pursuant to    1,055        

Chapter 4303. of the Revised Code.                                 1,056        

      (B)(1)  AS USED IN THIS DIVISION:                            1,058        

      (a)  "OHIO HISTORICAL SOCIETY AREA" MEANS THE OHIO           1,061        

HISTORICAL CENTER AND OHIO VILLAGE, BOTH LOCATED CONTIGUOUS TO     1,062        

THE STATE FAIRGROUNDS.                                             1,063        

      (b)  "STATE FAIRGROUNDS" MEANS THE PROPERTY THAT IS HELD BY  1,065        

THE STATE FOR THE PURPOSE OF CONDUCTING FAIRS, EXPOSITIONS, AND    1,067        

EXHIBITS AND ALL OTHER CONTIGUOUS PROPERTY THAT IS OWNED,          1,069        

MAINTAINED, OR MANAGED BY THE OHIO EXPOSITIONS COMMISSION UNDER    1,070        

SECTION 991.03 OF THE REVISED CODE.                                             

      (2)  NO LOCAL OPTION ELECTION HELD UNDER SECTIONS 4301.32    1,072        

TO 4301.39 OF THE REVISED CODE, WHETHER HELD BEFORE, ON, OR AFTER  1,073        

THE EFFECTIVE DATE OF THIS AMENDMENT, PROHIBITS OR OTHERWISE       1,074        

                                                          23     


                                                                 
AFFECTS THE SALE OF BEER OR INTOXICATING LIQUOR IN OR AT THE OHIO  1,076        

HISTORICAL SOCIETY AREA OR THE STATE FAIRGROUNDS UNDER A PERMIT    1,077        

ISSUED UNDER CHAPTER 4303. OF THE REVISED CODE.                    1,078        

      Sec. 4301.402.  Sections 4301.32 to 4301.391, 4301.41, and   1,087        

4305.14 of the Revised Code and the provisions for local option    1,089        

elections and the election on the question of the repeal of        1,091        

Section 9 of Article XV, Ohio Constitution, in section 4303.29 of  1,093        

the Revised Code, do not affect or prohibit the sale of beer or    1,095        

intoxicating liquor at a GOLF COURSE OR AT A hotel, motel, or                   

lodge required to be licensed under section 3731.03 of the         1,098        

Revised Code that contains at least fifty rooms for registered     1,100        

transient guests and IF THE GOLF COURSE, HOTEL, MOTEL, OR LODGE    1,101        

is owned by the state or a political subdivision or, conservancy   1,102        

district, OR PARK DISTRICT of the state, provided that AND the     1,103        

permit holder for the GOLF COURSE, hotel, motel, or lodge          1,104        

operates pursuant to the authority of the liquor permit issued     1,106        

pursuant to Chapter 4303. of the Revised Code.                                  

      Sec. 4301.62.  (A)  As used in this section:                 1,115        

      (1)  "Chauffeured limousine" means a vehicle registered      1,118        

under section 4503.24 of the Revised Code.                                      

      (2)  "Street," "highway," and "motor vehicle" have the same  1,120        

meanings as in section 4511.01 of the Revised Code.                1,121        

      (B)  No person shall have in the person's possession an      1,123        

opened container of beer or intoxicating liquor in any of the      1,124        

following circumstances:                                           1,125        

      (1)  In a state liquor store;                                1,127        

      (2)  Except as provided in division (C) of this section, on  1,130        

the premises of the holder of any permit issued by the division    1,131        

of liquor control;                                                              

      (3)  In any other public place;                              1,133        

      (4)  Except as provided in division (D) of this section,     1,135        

while operating or being a passenger in or on a motor vehicle on   1,137        

any street, highway, or other public or private property open to   1,138        

the public for purposes of vehicular travel or parking;            1,139        

                                                          24     


                                                                 
      (5)  Except as provided in division (D) of this section,     1,141        

while being in or on a stationary motor vehicle on any street,     1,142        

highway, or other public or private property open to the public    1,143        

for purposes of vehicular travel or parking.                                    

      (C)  A person may have in the person's possession an opened  1,146        

container of beer or intoxicating liquor that has been lawfully    1,147        

purchased for consumption on the premises where bought of a        1,148        

holder of an A-1-A, A-2, C-1, C-2, C-2x, D-1, D-2, D-3, D-3a,      1,150        

D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,    1,151        

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       1,153        

facility as provided in section 4303.201 of the Revised Code.      1,154        

      A person may have in the person's possession on an F liquor  1,157        

permit premises an opened container of beer or intoxicating        1,158        

liquor that was not purchased from the holder of the F permit if   1,160        

the premises for which the F permit is issued is a music festival  1,162        

and the holder of the F permit grants permission for such THAT     1,164        

possession on the premises during the period for which the F       1,165        

permit is issued.  As used in this division, "music festival"      1,166        

means a series of outdoor live musical performances, extending     1,167        

for a period of at least three consecutive days and located on an  1,168        

area of land of at least forty acres.                              1,169        

      (D)  This section does not apply to a person who pays all    1,171        

or a portion of the fee imposed for the use of a chauffeured       1,173        

limousine pursuant to a prearranged contract, or the guest of the  1,174        

person, when all of the following apply:                                        

      (1)  The person or guest is a passenger in the limousine.    1,176        

      (2) The person or guest is located in the limousine, but is  1,178        

not occupying a seat in the front compartment of the limousine     1,179        

where the operator of the limousine is located.                    1,180        

      (3)  The limousine is located on any street, highway, or     1,182        

other public or private property open to the public for purposes   1,183        

of vehicular travel or parking.                                    1,184        

      Sec. 4303.181.  (A)  Permit D-5a may be issued either to     1,194        

                                                          25     


                                                                 
the owner or operator of a hotel or motel THAT IS required to be   1,196        

licensed under section 3731.03 of the Revised Code containing,     1,197        

THAT CONTAINS at least fifty rooms for registered transient        1,198        

guests, and which THAT qualifies under the other requirements of   1,200        

this section, or to the owner or operator of a restaurant          1,202        

specified under this section, to sell beer and any intoxicating    1,203        

liquor at retail, only by the individual drink in glass and from   1,204        

the container, for consumption on the premises where sold, and to  1,205        

registered guests in their rooms, which may be sold by means of a  1,206        

controlled access alcohol and beverage cabinet in accordance with  1,207        

division (B) of section 4301.21 of the Revised Code; and to sell   1,208        

the same products in the same manner and amounts not for           1,209        

consumption on the premises as may be sold by holders of D-1 and   1,210        

D-2 permits.  The premises of the hotel or motel shall include a   1,211        

restaurant THAT IS licensed pursuant to section 3717.43 of the     1,212        

Revised Code, THAT IS affiliated with the hotel or motel and       1,214        

within or contiguous to the hotel or motel, serving AND THAT       1,215        

SERVES food within the hotel or motel, but the principal business  1,217        

of the owner or operator of the hotel or motel shall be the        1,218        

accommodation of transient guests.  In addition to the privileges  1,219        

authorized in this division, the holder of a D-5a permit may       1,221        

exercise the same privileges as the holder of a D-5 permit.        1,222        

      The owner or operator of a hotel, motel, or restaurant who   1,224        

qualified for and held a D-5a permit on August 4, 1976, may, if    1,226        

the owner or operator held another permit before holding a D-5a    1,227        

permit, either retain a D-5a permit or apply for the permit        1,228        

formerly held, and the division of liquor control shall issue the  1,229        

permit for which the owner or operator applies and formerly held,  1,230        

notwithstanding any quota.                                                      

      A D-5a permit shall not be transferred to another location.  1,233        

No quota restriction shall be placed on the number of such         1,234        

permits which THAT may be issued.                                               

      The fee for this permit is one thousand eight hundred        1,237        

seventy-five dollars.                                                           

                                                          26     


                                                                 
      (B)  Permit D-5b may be issued to the owner, operator,       1,240        

tenant, lessee, or occupant of an enclosed shopping center to      1,241        

sell beer and intoxicating liquor at retail, only by the           1,242        

individual drink in glass and from the container, for consumption  1,243        

on the premises where sold; and to sell the same products in the   1,244        

same manner and amount not for consumption on the premises as may  1,245        

be sold by holders of D-1 and D-2 permits.  In addition to the     1,246        

privileges authorized in this division, the holder of a D-5b       1,248        

permit may exercise the same privileges as a holder of a D-5       1,249        

permit.                                                                         

      A D-5b permit shall not be transferred to another location.  1,252        

      One D-5b permit may be issued at an enclosed shopping        1,255        

center containing at least two hundred twenty-five thousand, but   1,256        

less than four hundred thousand, square feet of floor area.        1,257        

      Two D-5b permits may be issued at an enclosed shopping       1,260        

center containing at least four hundred thousand square feet of    1,261        

floor area.  No more than one D-5b permit may be issued at an      1,262        

enclosed shopping center for each additional two hundred thousand  1,263        

square feet of floor area or fraction thereof OF THAT FLOOR AREA,  1,264        

up to a maximum of five D-5b permits for each enclosed shopping    1,266        

center.  The number of D-5b permits that may be issued at an       1,267        

enclosed shopping center shall be determined by subtracting the    1,268        

number of D-3 and D-5 permits issued in the enclosed shopping                   

center from the number of D-5b permits that otherwise may be       1,269        

issued at the enclosed shopping center under the formulas          1,270        

provided in this division.  Except as provided in this section,    1,271        

no quota shall be placed on the number of D-5b permits that may    1,272        

be issued.  Notwithstanding any quota provided in this section,    1,273        

the holder of any D-5b permit first issued in accordance with      1,274        

this section is entitled to its renewal in accordance with         1,275        

section 4303.271 of the Revised Code.                              1,276        

      The holder of a D-5b permit issued before April 4, 1984,     1,279        

whose tenancy is terminated for a cause other than nonpayment of   1,280        

rent, may return the D-5b permit to the division of liquor         1,282        

                                                          27     


                                                                 
control, and the division shall cancel that permit.  Upon          1,284        

cancellation of that permit and upon the permit holder's payment   1,285        

of taxes, contributions, premiums, assessments, and other debts    1,286        

owing or accrued upon the date of cancellation to this state and   1,287        

its political subdivisions and a filing with the division of a     1,288        

certification thereof OF THAT PAYMENT, the division shall issue    1,290        

to that person either a D-5 permit, or a D-1, a D-2, and a D-3     1,292        

permit, as that person requests.  The division shall issue the     1,293        

D-5 permit, or the D-1, D-2, and D-3 permits, even if the number   1,295        

of D-1, D-2, D-3, or D-5 permits currently issued in the           1,296        

municipal corporation or in the unincorporated area of the         1,297        

township where that person's proposed premises is located equals   1,298        

or exceeds the maximum number of such permits that can be issued   1,299        

in that municipal corporation or in the unincorporated area of     1,300        

that township under the population quota restrictions contained    1,301        

in section 4303.29 of the Revised Code.  Any such D-1, D-2, D-3,   1,302        

or D-5 permit so issued shall not be transferred to another        1,303        

location.  If a D-5b permit is canceled under the provisions of    1,304        

this paragraph, the number of D-5b permits that may be issued at   1,305        

the enclosed shopping center for which the D-5b permit was         1,306        

issued, under the formula provided in this division, shall be      1,307        

reduced by one if the enclosed shopping center was entitled to     1,308        

more than one D-5b permit under the formula.                       1,309        

      The fee for this permit is one thousand eight hundred        1,312        

seventy-five dollars.                                                           

      (C)  Permit D-5c may be issued either to the owner or        1,315        

operator of a restaurant THAT IS licensed pursuant to section      1,317        

3717.43 of the Revised Code, and which THAT qualifies under the    1,319        

other requirements of this section to sell beer and any                         

intoxicating liquor at retail, only by the individual drink in     1,320        

glass and from the container, for consumption on the premises      1,321        

where sold, and to sell the same products in the same manner and   1,322        

amounts not for consumption on the premises as may be sold by      1,323        

holders of D-1 and D-2 permits.  In addition to the privileges     1,324        

                                                          28     


                                                                 
authorized in this division, the holder of a D-5c permit may       1,326        

exercise the same privileges as the holder of a D-5 permit.        1,327        

      To qualify for a D-5c permit, the owner or operator of a     1,330        

restaurant THAT IS licensed pursuant to section 3717.43 of the     1,331        

Revised Code shall have operated the restaurant at the proposed    1,333        

premises for not less than twenty-four consecutive months          1,334        

immediately preceding the filing of an THE application for the     1,335        

permit, have applied for a D-5 permit no later than December 31,   1,337        

1988, and appear on the division's quota waiting list for not                   

less than six months immediately preceding the filing of an THE    1,340        

application for the permit.  In addition to these requirements,    1,342        

the proposed D-5c permit premises shall be located within a        1,343        

municipal corporation and further within an election precinct      1,345        

which THAT, at the time of the applications APPLICATION, has no    1,347        

more than twenty-five per cent of its total land area zoned for    1,348        

residential use.                                                                

      A D-5c permit shall not be transferred to another location.  1,351        

No quota restriction shall be placed on the number of such         1,352        

permits which THAT may be issued.                                               

      Any person who has held a D-5c permit for at least two       1,355        

years may apply for a D-5 permit, and the division of liquor       1,356        

control shall issue the D-5 permit notwithstanding the quota       1,357        

restrictions contained in section 4303.29 of the Revised Code or   1,358        

in any rule of the liquor control commission.                      1,359        

      The fee for this permit is one thousand two hundred fifty    1,362        

dollars.                                                                        

      (D)  Permit D-5d may be issued to either the owner or        1,365        

operator of a restaurant that is licensed pursuant to section      1,366        

3717.43 of the Revised Code and located at an airport operated by  1,367        

a board of county commissioners pursuant to section 307.20 of the  1,368        

Revised Code or at an airport operated by a regional airport       1,369        

authority pursuant to Chapter 308. of the Revised Code.  Not more  1,370        

than one D-5d permit shall be issued in each county.  The holder   1,371        

of a D-5d permit may sell beer and any intoxicating liquor at      1,372        

                                                          29     


                                                                 
retail, only by the individual drink in glass and from the         1,373        

container, for consumption on the premises where sold, and may     1,374        

sell the same products in the same manner and amounts not for      1,375        

consumption on the premises where sold as may be sold by the       1,376        

holders of D-1 and D-2 permits.  In addition to the privileges     1,377        

authorized in this division, the holder of a D-5d permit may       1,378        

exercise the same privileges as the holder of a D-5 permit.        1,379        

      A D-5d permit shall not be transferred to another location.  1,382        

Except as otherwise provided in this division, no quota            1,383        

restrictions shall be placed on the number of such permits which   1,384        

THAT may be issued.                                                             

      The fee for this permit is one thousand eight hundred        1,387        

seventy-five dollars.                                                           

      (E)  Permit D-5e may be issued to any nonprofit              1,390        

organization that is exempt from federal income taxation under     1,391        

the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.   1,393        

501(c)(3), as amended, or that is a charitable organization under  1,394        

any chapter of the Revised Code, and that owns or operates a       1,395        

riverboat which THAT meets all of the following:                                

      (1)  Is permanently docked at one location;                  1,398        

      (2)  Is designated as an historical riverboat by the Ohio    1,401        

historical society;                                                             

      (3)  Contains not less than fifteen hundred square feet of   1,404        

floor area;                                                                     

      (4)  Has a seating capacity of fifty or more persons.        1,407        

      The holder of a D-5e permit may sell beer and intoxicating   1,410        

liquor at retail, only by the individual drink in glass and from   1,411        

the container, for consumption on the premises where sold.         1,412        

      A D-5e permit shall not be transferred to another location.  1,415        

No quota restriction shall be placed on the number of such         1,416        

permits which THAT may be issued.  The population quota            1,418        

restrictions contained in section 4303.29 of the Revised Code or   1,419        

in any rule of the liquor control commission shall not apply to    1,420        

this division, and the division shall issue a D-5e permit to any   1,422        

                                                          30     


                                                                 
applicant who meets the requirements of this division.  However,   1,423        

the division shall not issue a D-5e permit if the permit premises  1,425        

or proposed permit premises are located within an area in which    1,426        

the sale of spirituous liquor by the glass is prohibited.          1,427        

      The fee for this permit is nine hundred seventy-five         1,430        

dollars.                                                                        

      (F)  Permit D-5f may be issued to either the owner or the    1,433        

operator of a food service operation THAT IS licensed under        1,434        

section 3717.43 of the Revised Code AND that meets all of the      1,435        

following:                                                                      

      (1)  Contains IT CONTAINS not less than twenty-five hundred  1,438        

square feet of floor area;.                                                     

      (2)  Is IT IS located on or in, or immediately adjacent to,  1,441        

the shoreline of, a navigable river;.                                           

      (3)  Provides IT PROVIDES docking space for twenty-five      1,444        

boats;.                                                                         

      (4)  Provides IT PROVIDES entertainment and recreation,      1,447        

provided that not less than fifty per cent of the business on the  1,448        

permit premises shall be preparing and serving meals for a         1,449        

consideration.                                                                  

      In addition, each application for a D-5f permit shall be     1,452        

accompanied by a certification from the local legislative          1,453        

authority that the issuance of the D-5f permit is not              1,454        

inconsistent with that political subdivision's comprehensive       1,455        

development plan or other economic development goal as officially  1,456        

established by the local legislative authority.                                 

      The holder of a D-5f permit may sell beer and intoxicating   1,459        

liquor at retail, only by the individual drink in glass and from   1,460        

the container, for consumption on the premises where sold.         1,461        

      A D-5f permit shall not be transferred to another location.  1,464        

No more than fifteen D-5f permits shall be issued by the division  1,465        

of liquor control, and no more than two such permits shall be      1,467        

issued in any county.  However, the division shall not issue a     1,468        

D-5f permit if the permit premises or proposed permit premises     1,470        

                                                          31     


                                                                 
are located within an area in which the sale of spirituous liquor  1,471        

by the glass is prohibited.                                        1,472        

      A fee for this permit is one thousand eight hundred          1,475        

seventy-five dollars.                                                           

      As used in this division, "navigable river" means a river    1,478        

which THAT is also a "navigable water" as defined in the "Federal  1,480        

Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796.                    1,482        

      (G)  Permit D-5g may be issued to a nonprofit corporation    1,485        

that is either the owner or the operator of a national             1,486        

professional sports museum.  The holder of a D-5g permit may sell  1,487        

beer and any intoxicating liquor at retail, only by the            1,488        

individual drink in glass and from the container, for consumption  1,489        

on the premises where sold.  The holder of a D-5g permit shall     1,490        

sell no beer or intoxicating liquor for consumption on the         1,491        

premises where sold after one a.m.  A D-5g permit shall not be     1,492        

transferred to another location.  No quota restrictions shall be   1,493        

placed on the number of D-5g permits that may be issued.  The fee               

for this permit is one thousand five hundred dollars.              1,494        

      (H)  Permit D-5h may be issued to any nonprofit              1,496        

organization that is exempt from federal income taxation under     1,497        

the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.   1,498        

501(c)(3), as amended, that owns or operates a fine arts museum    1,499        

and has no less than five thousand bona fide members possessing    1,500        

full membership privileges.  The holder of a D-5h permit may sell  1,501        

beer and any intoxicating liquor at retail, only by the            1,502        

individual drink in glass and from the container, for consumption  1,503        

on the premises where sold.  The holder of a D-5h permit shall     1,504        

sell no beer or intoxicating liquor for consumption on the         1,505        

premises where sold after one a.m.  A D-5h permit shall not be     1,506        

transferred to another location.  No quota restrictions shall be   1,507        

placed on the number of D-5h permits that may be issued.  The fee  1,508        

for this permit is one thousand five hundred dollars.              1,509        

      (I)  Permit D-5i may be issued to either the owner or the    1,511        

operator of a food service operation THAT IS licensed under        1,512        

                                                          32     


                                                                 
section 3717.43 of the Revised Code AND that meets all of the      1,513        

following requirements:                                            1,514        

      (1)  It is located in a municipal corporation or a township  1,516        

with a population of fifty thousand or less.                       1,517        

      (2)  It has inside seating capacity for at least one         1,519        

hundred forty persons.                                             1,520        

      (3)  It has at least five FOUR thousand square feet of       1,522        

floor area.                                                        1,523        

      (4)  It offers full-course meals, appetizers, and            1,525        

sandwiches.                                                        1,526        

      (5)  Its receipts from beer and liquor sales do not exceed   1,528        

twenty-five per cent of its total gross receipts.                  1,529        

      (6)  The value of its real and personal property exceeds     1,531        

nine SEVEN hundred twenty-five thousand dollars.                   1,533        

      The holder of a D-5i permit shall cause an independent       1,535        

audit to be performed at the end of one full year of operation     1,536        

following issuance of the permit in order to verify the            1,537        

requirements of division (I)(5) of this section.  The results of   1,538        

the independent audit shall be transmitted to the division.  Upon  1,540        

determining that the receipts of the holder from beer and liquor   1,541        

sales exceeded twenty-five per cent of its total gross receipts,   1,542        

the division shall suspend the permit of the permit holder under   1,544        

section 4301.25 of the Revised Code and may allow the permit       1,545        

holder to elect a forfeiture under section 4301.252 of the         1,546        

Revised Code.                                                                   

      The holder of a D-5i permit may sell beer and any            1,548        

intoxicating liquor at retail, only by the individual drink in     1,549        

glass and from the container, for consumption on the premises      1,550        

where sold, and may sell the same products in the same manner and  1,551        

amounts not for consumption on the premises where sold as may be   1,552        

sold by the holders of D-1 and D-2 permits.  The holder of a D-5i  1,553        

permit shall sell no beer or intoxicating liquor for consumption   1,554        

on the premises where sold after two-thirty a.m.  In addition to   1,555        

the privileges authorized in this division, the holder of a D-5i   1,557        

                                                          33     


                                                                 
permit may exercise the same privileges as the holder of a D-5     1,558        

permit.                                                                         

      A D-5i permit shall not be transferred to another location.  1,560        

The division of liquor control shall not renew a D-5i permit       1,562        

unless the food service operation for which it is issued           1,563        

continues to meet the requirements described in divisions (I)(1)   1,564        

to (6) of this section.  No quota restrictions shall be placed on  1,565        

the number of D-5i permits that may be issued.  The fee for this   1,566        

permit is one thousand eight hundred seventy-five dollars.         1,567        

      (J)(1)  Permit D-5j may be issued to either the owner or     1,569        

the operator of a food service operation THAT IS licensed under    1,570        

section 3732.03 3717.43 of the Revised Code to sell beer and       1,573        

intoxicating liquor at retail, only by the individual drink in     1,574        

glass and from the container, for consumption on the premises      1,575        

where sold and to sell beer and intoxicating liquor in the same    1,576        

manner and amounts not for consumption on the premises where sold  1,578        

as may be sold by the holders of D-1 and D-2 permits.  The holder  1,579        

of a D-5j permit may exercise the same privileges, and shall       1,581        

observe the same hours of operation, as the holder of a D-5                     

permit.                                                            1,582        

      (2)  The D-5j permit shall be issued only within a           1,584        

community entertainment district that is designated under section  1,585        

4301.80 of the Revised Code and that is located in a municipal     1,587        

corporation with a population of at least one hundred thousand.    1,588        

      (3)  The location of a D-5j permit may be transferred only   1,591        

within the geographic boundaries of the community entertainment    1,592        

district in which it was issued and shall not be transferred       1,593        

outside the geographic boundaries of that district.                1,594        

      (4)  Not more than one D-5j permit shall be issued within    1,596        

each community entertainment district for each five acres of land  1,597        

located within the district.  Not more than fifteen D-5j permits   1,599        

may be issued within a single community entertainment district.    1,600        

Except as otherwise provided in division (J)(4) of this section,   1,601        

no quota restrictions shall be placed upon the number of D-5j      1,603        

                                                          34     


                                                                 
permits that may be issued.                                                     

      (5)  The fee for a D-5j permit is one thousand eight         1,606        

hundred seventy-five dollars.                                                   

      Sec. 4303.182.  (A)  Except as otherwise provided in         1,616        

DIVISIONS (B) TO (E) OF this section, permit D-6 shall be issued   1,617        

to the holder of an A-1-A,  A-2, C-2, D-2, D-3, D-4, D-4a, D-5,    1,618        

D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or     1,619        

D-7, OR D-8 permit to allow sale under such THAT permit between    1,621        

the hours of TEN a.m. AND MIDNIGHT, OR BETWEEN THE HOURS OF one    1,623        

p.m. and midnight, on Sunday, AS APPLICABLE, if such THAT sale     1,625        

has been authorized under section 4301.361 OR 4301.364 of the      1,626        

Revised Code and under the restrictions of such THAT               1,628        

authorization.  Permit                                                          

      (B)  PERMIT D-6 shall be issued to the holder of any         1,632        

permit, including a D-4a and D-5d permit, authorizing the sale of  1,633        

intoxicating liquor issued for a premises located at any publicly  1,634        

owned airport, as defined in section 4563.01 of the Revised Code,  1,635        

at which commercial airline companies operate regularly scheduled  1,636        

flights on which space is available to the public, to allow sale   1,637        

under such permit between the hours of one p.m. TEN a.m. and       1,638        

midnight on Sunday, whether or not such sale has been authorized   1,640        

under section 4301.361 OR 4301.364 of the Revised Code.  Permit    1,642        

      (C)  PERMIT D-6 shall be issued to the holder of a D-5a      1,644        

permit, and to the holder of a D-3 or D-3a permit who is the       1,646        

owner or operator of a hotel or motel THAT IS required to be       1,647        

licensed under section 3731.03 of the Revised Code containing,     1,648        

THAT CONTAINS at least fifty rooms for registered transient        1,650        

guests, and which THAT has on its premises a restaurant licensed   1,652        

pursuant to section 3717.43 of the Revised Code affiliated with    1,653        

the hotel or motel and within or contiguous to the hotel or motel  1,654        

and serving food within the hotel or motel, to allow sale under    1,655        

such permit between the hours of one p.m. TEN a.m. and midnight    1,656        

on Sunday, whether or not such THAT sale has been authorized       1,658        

under section 4301.361 OR 4301.364 of the Revised Code.            1,659        

                                                          35     


                                                                 
      (D) PERMIT D-6 SHALL BE ISSUED TO THE HOLDER OF ANY PERMIT   1,663        

THAT AUTHORIZES THE SALE OF BEER OR INTOXICATING LIQUOR AND THAT   1,664        

IS ISSUED TO A GOLF COURSE OWNED BY THE STATE OR A POLITICAL       1,666        

SUBDIVISION TO ALLOW SALE UNDER THAT PERMIT BETWEEN THE HOURS OF                

TEN a.m. AND MIDNIGHT ON SUNDAY WHETHER OR NOT THAT SALE HAS BEEN  1,668        

AUTHORIZED UNDER SECTION 4303.361 OR 4303.364 OF THE REVISED                    

CODE.                                                                           

      (E)  PERMIT D-6 SHALL BE ISSUED TO THE HOLDER OF ANY PERMIT  1,671        

THAT AUTHORIZES THE SALE OF BEER OR INTOXICATING LIQUOR AND THAT                

IS ISSUED TO A PREMISES LOCATED IN THE OHIO HISTORICAL SOCIETY     1,672        

AREA OR AT THE STATE FAIRGROUNDS, AS THOSE TERMS ARE DEFINED IN    1,673        

DIVISION (B) OF SECTION 4301.40 OF THE REVISED CODE, TO ALLOW      1,674        

SALE UNDER THAT PERMIT BETWEEN THE HOURS OF TEN a.m. AND MIDNIGHT  1,675        

ON SUNDAY WHETHER OR NOT THAT SALE HAS BEEN AUTHORIZED UNDER       1,676        

SECTION 4303.361 OR 4303.364 OF THE REVISED CODE.                               

      (F)  If the restriction to licensed premises where the sale  1,679        

of food and other goods and services exceeds fifty per cent of     1,680        

the total gross receipts of the permit holder at the premises is   1,681        

applicable, the division of liquor control may accept an           1,682        

affidavit from the permit holder to show the proportion of the     1,683        

permit holder's gross receipts derived from the sale of food and   1,684        

other goods and services.  If the liquor control commission        1,685        

determines such THAT affidavit to have been false, it shall        1,686        

revoke the permits of the permit holder at the premises            1,687        

concerned.                                                         1,688        

      (G)  The fee for the D-6 permit is two hundred fifty         1,691        

dollars when it is issued to the holder of an A-1-A, A-2, D-2,     1,692        

D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,     1,693        

D-5g, D-5h, D-5i, D-5j, or D-7, OR D-8 permit.  The fee for the    1,695        

D-6 permit is two hundred dollars when it is issued to the holder  1,696        

of a C-2 permit.                                                                

      Sec. 4303.184.  (A)  PERMIT D-8 MAY BE ISSUED TO THE HOLDER  1,699        

OF A C-1, C-2, OR C-2x PERMIT ISSUED TO A RETAIL STORE THAT HAS    1,700        

EITHER OF THE FOLLOWING CHARACTERISTICS:                           1,701        

                                                          36     


                                                                 
      (1)  THE STORE HAS AT LEAST FIVE THOUSAND FIVE HUNDRED       1,703        

SQUARE FEET OF FLOOR AREA, AND IT GENERATES MORE THAN SIXTY PER    1,704        

CENT OF ITS SALES IN GENERAL MERCHANDISE ITEMS AND FOOD FOR        1,705        

CONSUMPTION OFF THE PREMISES WHERE SOLD.                                        

      (2)  WINE CONSTITUTES AT LEAST SIXTY PER CENT OF THE VALUE   1,707        

OF THE STORE'S INVENTORY.                                          1,708        

      (B)  THE HOLDER OF A D-8 PERMIT MAY SELL TASTING SAMPLES OF  1,711        

BEER, WINE, AND MIXED BEVERAGES, BUT NOT SPIRITUOUS LIQUOR, AT                  

RETAIL, FOR CONSUMPTION ON THE PREMISES WHERE SOLD IN AN AMOUNT    1,712        

NOT TO EXCEED TWO OUNCES OR ANOTHER AMOUNT DESIGNATED BY RULE OF   1,713        

THE LIQUOR CONTROL COMMISSION.  A TASTING SAMPLE SHALL NOT BE      1,714        

SOLD FOR GENERAL CONSUMPTION.  NO D-8 PERMIT HOLDER SHALL ALLOW    1,715        

ANY AUTHORIZED PURCHASER TO CONSUME MORE THAN FOUR TASTING         1,716        

SAMPLES OF BEER, WINE, OR MIXED BEVERAGES, OR ANY COMBINATION OF                

BEER, WINE, OR MIXED BEVERAGES, PER DAY.                           1,717        

      (C)  THE PRIVILEGES AUTHORIZED UNDER A D-8 PERMIT MAY ONLY   1,720        

BE EXERCISED IN CONJUNCTION WITH AND DURING THE HOURS OF                        

OPERATION AUTHORIZED BY, A C-1, C-2, C-2x  OR D-6 PERMIT.          1,722        

      (D)  A D-8 PERMIT SHALL NOT BE TRANSFERRED TO ANOTHER        1,724        

LOCATION.                                                          1,725        

      (E)  THE FEE FOR THE D-8 PERMIT IS TWO HUNDRED FIFTY         1,728        

DOLLARS.                                                                        

      (F)  THE HOLDER OF A D-8 PERMIT SHALL CAUSE AN INDEPENDENT   1,731        

AUDIT TO BE PERFORMED AT THE END OF THE FIRST FULL YEAR OF                      

OPERATION FOLLOWING ISSUANCE OF THE PERMIT IN ORDER TO VERIFY      1,732        

THAT THE PERMIT HOLDER SATISFIES THE APPLICABLE REQUIREMENT OF     1,733        

DIVISION (A)(1) OR (2) OF THIS SECTION.  THE PERMIT HOLDER SHALL   1,734        

TRANSMIT THE RESULTS OF THE INDEPENDENT AUDIT TO THE LIQUOR        1,735        

CONTROL DIVISION.  IF THE RESULTS OF THE AUDIT INDICATE            1,736        

NONCOMPLIANCE WITH DIVISION (A) OF THIS SECTION, THE DIVISION      1,737        

SHALL SUSPEND THE D-8 PERMIT OF THE PERMIT HOLDER UNDER SECTION    1,738        

4301.25 OF THE REVISED CODE AND MAY ALLOW THE PERMIT HOLDER TO                  

ELECT A FORFEITURE UNDER SECTION 4301.252 OF THE REVISED CODE.     1,739        

      Sec. 4303.30.  The rights granted by any D-2, D-3, D-3a,     1,749        

                                                          37     


                                                                 
D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,    1,750        

or D-6, OR D-8 permit shall be exercised at not more than two      1,753        

fixed counters, commonly known as bars, in rooms or places on the  1,754        

permit premises, where malt beverages, mixed beverages, wine, or   1,755        

spirituous liquor is sold to the public for consumption on the     1,756        

premises.  For each additional fixed counter on the permit         1,757        

premises where those beverages are sold for consumption on the     1,758        

premises, the permit holder shall obtain a duplicate D-2, D-3,     1,759        

D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i,    1,760        

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,      1,763        

D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-6, OR D-8 permit    1,765        

shall be granted, upon application to the division of liquor       1,766        

control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,   1,767        

D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-6, OR D-8 permit for      1,768        

each additional fixed counter on the permit premises at which      1,769        

beer, malt beverages, mixed beverages, wine, or spirituous liquor  1,770        

is sold for consumption on the premises, provided the application  1,772        

is made in the same manner as an application for an original       1,773        

permit.  The application shall be identified with DUPLICATE        1,775        

printed on the permit application form furnished by the            1,776        

department, in boldface type.  The application shall identify by   1,778        

name, or otherwise amply describe, the room or place on the        1,779        

premises where the duplicate permit is to be operative.  Each      1,781        

duplicate permit shall be issued only to the same individual,      1,782        

firm, or corporation as that of the original permit and shall be   1,783        

an exact duplicate in size and word content as the original        1,784        

permit, except that it shall show on it the name or other ample    1,786        

identification of the room, or place, for which it is issued and   1,787        

shall have DUPLICATE printed on it in boldface type.  A duplicate  1,790        

permit shall bear the same number as the original permit.  The     1,791        

fee for a duplicate permit is:  D-1, one hundred dollars; D-2,     1,793        

one hundred dollars; D-3, four hundred dollars; D-3a, four         1,794        

hundred dollars; D-4, two hundred dollars; D-5, one thousand       1,795        

                                                          38     


                                                                 
dollars; D-5a, one thousand dollars; D-5b, one thousand dollars;   1,796        

D-5c, four hundred dollars; D-5e, six hundred fifty dollars;       1,797        

D-5f, one thousand dollars; D-6, one hundred dollars when issued   1,798        

to the holder of a D-4a permit; and in all other cases one         1,799        

hundred dollars or an amount which THAT is twenty per cent of the  1,801        

fees payable for the A-1-A, D-2, D-3, D-3a, D-4, D-5, D-5a, D-5b,  1,802        

D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, and D-6, AND D-8 permits       1,803        

issued to the same premises, whichever is higher.  Application     1,804        

for a duplicate permit may be filed any time during the life of    1,805        

an original permit.  The fee for each duplicate D-2, D-3, D-3a,    1,806        

D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,    1,807        

or D-6, OR D-8 permit shall accompany the application for each     1,809        

such duplicate permit.                                             1,810        

      Sec. 4303.35.  No holders of A-1-A, C-1, C-2, D-1, D-2,      1,819        

D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,     1,820        

D-5g, D-5h, D-5i, D-5j, D-8, or F permits shall purchase any beer  1,821        

or malt beverage subject to the tax imposed by sections 4301.42    1,823        

and 4305.01 of the Revised Code or any wine or mixed beverage      1,824        

subject to the tax imposed by section 4301.43 of the Revised Code  1,825        

for resale, except from holders of A or B permits.                 1,826        

      No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,  1,828        

D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j permits shall       1,829        

purchase spirituous liquor for resale except from the division of  1,830        

liquor control, unless with the special consent of the division    1,831        

under particular regulations and markup provisions prescribed by   1,833        

the superintendent of liquor control.                                           

      Sec. 4399.12.  No provision contained in Title XLIII of the  1,842        

Revised Code that prohibits the sale of intoxicating liquors in    1,843        

any of the circumstances described in section 4399.11 of the       1,844        

Revised Code extends to or prevents the holder of an A, B, C-2,    1,845        

D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g,      1,846        

D-5h, D-5i, D-5j, D-8, G, or I permit issued by the division of    1,848        

liquor control from distributing or selling intoxicating liquor    1,849        

at the place of business described in the permit of the holder.    1,850        

                                                          39     


                                                                 
      Section 2.  That existing sections 4301.17, 4301.333,        1,852        

4301.351, 4301.354, 4301.355, 4301.361, 4301.364, 4301.365,        1,853        

4301.37, 4301.40, 4301.402, 4301.62, 4303.181, 4303.182, 4303.30,  1,854        

4303.35, and 4399.12 of the Revised Code are hereby repealed.      1,855        

      Section 3.  Section 4303.181 of the Revised Code is          1,857        

presented in this act as a composite of the section as amended by  1,858        

both Sub. H.B. 223 and Am. Sub. H.B. 283 of the 123rd General      1,859        

Assembly, with the new language of neither of the acts shown in    1,860        

capital letters.  Section 4303.182 of the Revised Code is                       

presented in this act as a composite of the section as amended by  1,862        

both Sub. H.B. 223 and Am. Sub. H.B. 283 of the 123rd General      1,863        

Assembly, with the new language of neither of the acts shown in    1,864        

capital letters.  This is in recognition of the principle stated   1,865        

in division (B) of section 1.52 of the Revised Code that such      1,866        

amendments are to be harmonized where not substantively            1,867        

irreconcilable and constitutes a legislative finding that such     1,868        

are the resulting versions in effect prior to the effective date   1,869        

of this act.