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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.