As Reported by House State Government Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 262 5
1999-2000 6
SENATORS GARDNER-WATTS-REPRESENTATIVE TRAKAS 8
_________________________________________________________________ 9
A B I L L
To amend sections 4301.333, 4301.351, 4301.354, 11
4301.355, 4301.361, 4301.364, 4301.365, 4301.37, 12
4301.40, 4301.402, 4301.62, 4303.181, and 13
4303.182 and to enact section 4303.184 of the 14
Revised Code to create the D-8 permit to be
issued to certain retail stores to allow the sale 15
of tasting samples of beer, wine, and mixed
beverages, to allow local option elections on the 18
Sunday sale of intoxicating liquor between the 19
hours of 10 a.m. and midnight, to change certain 20
of the requirements for the issuance and renewal 21
of the D-5i permit, to exempt the sale of beer 22
and intoxicating liquor at publicly owned golf 23
courses and at premises located in or at the Ohio 25
Historical Society area or the State Fairgrounds
from the effects of local option elections, to 27
allow Sunday liquor sales at publicly owned golf
courses, certain outdoor performing arts centers, 28
and at premises located in or at the Ohio 29
Historical Society area or the State Fairgrounds 31
whether or not those sales have been approved at
local option elections, and to make changes in 34
the law governing local option elections on beer
and liquor sales at a specific premises. 35
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 4301.333, 4301.351, 4301.354, 39
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4301.355, 4301.361, 4301.364, 4301.365, 4301.37, 4301.40, 40
4301.402, 4301.62, 4303.181, and 4303.182 be amended and section 43
4303.184 of the Revised Code be enacted to read as follows: 44
Sec. 4301.333. (A) The privilege of local option 54
conferred by section 4301.323 of the Revised Code may be 55
exercised if, not later than four p.m. of the seventy-fifth day 57
before the day of a general or primary election, a petition is 58
presented to the board of elections of the county in which the 59
precinct is situated by a petitioner who is one of the following: 60
(1) An applicant for the issuance or transfer of a liquor 62
permit at, or to, a particular location within the precinct; 64
(2) The holder of a liquor permit at a particular location 66
within the precinct; 67
(3) A person who operates or seeks to operate a liquor 69
agency store at a particular location within the precinct; 71
(4) The designated agent for an applicant, liquor permit 73
holder, or liquor agency store described in division (A)(1), (2), 74
or (3) of this section. 75
(B) The petition shall be signed by the electors of the 78
precinct equal in number to at least thirty-five per cent of the 79
total number of votes cast in the precinct for the office of 80
governor at the preceding general election of FOR that office and 81
shall contain all of the following: 82
(1) A notice that the petition is for the submission of 84
the question or questions set forth in section 4301.353 4301.355 86
of the Revised Code; 87
(2) The name of the applicant for the issuance or 89
transfer, or the holder, of the liquor permit or, if applicable, 90
the name of the liquor agency store, including any trade or 91
fictitious names under which the applicant or, holder, or liquor 93
agency store either intends to DO or does do business at the 94
particular location; 95
(3) If the petitioner is the designated agent of the 97
applicant, liquor holder, or liquor agency store, written 98
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evidence of the designation of the agent by the applicant, liquor 100
permit holder, or liquor agency store for the purpose of
petitioning for the local option election; 101
(4) The address and proposed use of the particular 103
location within the election precinct to which the results of the 105
question or questions specified in section 4301.355 of the
Revised Code shall apply. For purposes of this division, "use" 107
means all of the following:
(a) The type of each liquor permit applied for by the 109
applicant or held by the liquor permit holder as described in 110
sections 4303.11 to 4303.183 of the Revised Code, including a 112
description of the type of beer or intoxicating liquor sales 113
authorized by each permit as provided in those sections; 114
(b) If a liquor agency store, the fact that the business 116
operated as a liquor agency store authorized to operate by the 117
THIS state of Ohio; 119
(c) A description of the general nature of the business of 121
the applicant, liquor permit holder, or liquor agency store. 122
(5)(C)(1) AT THE TIME THE PETITIONER FILES THE PETITION 124
WITH THE BOARD OF ELECTIONS, THE PETITIONER SHALL PROVIDE TO THE 125
BOARD BOTH OF THE FOLLOWING: 126
(a) An affidavit THAT IS signed by the petitioner stating 129
AND THAT STATES the proposed use of the location following the 130
election held to authorize the sale of beer and OR intoxicating 131
liquor.
(C) AUTHORIZED BY EACH PERMIT AS PROVIDED IN SECTIONS 133
4303.11 TO 4303.183 OF THE REVISED CODE; 134
(b) WRITTEN EVIDENCE OF THE DESIGNATION OF AN AGENT BY THE 136
APPLICANT, LIQUOR PERMIT HOLDER, OR LIQUOR AGENCY STORE DESCRIBED 137
IN DIVISION (A)(1), (2), OR (3) OF THIS SECTION FOR THE PURPOSE 138
OF PETITIONING FOR THE LOCAL OPTION ELECTION, IF THE PETITIONER 139
IS THE DESIGNATED AGENT OF THE APPLICANT, LIQUOR PERMIT HOLDER, 140
OR LIQUOR AGENCY STORE.
(2) FAILURE TO SUPPLY THE AFFIDAVIT, OR THE WRITTEN 142
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EVIDENCE OF THE DESIGNATION OF THE AGENT IF THE PETITIONER FOR 143
THE LOCAL OPTION ELECTION IS THE AGENT OF THE APPLICANT, LIQUOR 144
PERMIT HOLDER, OR LIQUOR AGENCY STORE DESCRIBED IN DIVISION 145
(A)(1), (2), OR (3) OF THIS SECTION, AT THE TIME THE PETITION IS 146
FILED INVALIDATES THE ENTIRE PETITION.
(D) Not later than the sixty-sixth day before the day of 149
the next general or primary election, whichever occurs first, the 150
board shall examine and determine the sufficiency of the 151
signatures and the validity of the petition. If the board finds 152
that the petition contains sufficient signatures and in other 153
respects is valid, it shall order the holding of an election in 154
the precinct on the day of the next general or primary election, 155
whichever occurs first, for the submission of the question or 156
questions set forth in section 4301.355 of the Revised Code. 157
(D)(E) A petition filed with the board of elections under 160
this section shall be open to public inspection under rules 161
adopted by the board.
(E)(F) An elector who is eligible to vote on the question 164
or questions set forth in section 4301.355 of the Revised Code 166
may file, not later than four p.m. of the sixty-fourth day before 169
the day of the election at which the question or questions will 170
be submitted to the electors, a protest against a local option 171
petition circulated and filed pursuant to this section. The 172
protest shall be in writing and shall be filed with the election 173
officials with whom the petition was filed. Upon the filing of 174
the protest, the election officials with whom it is filed shall 175
promptly establish a time and place for hearing the protest and 176
shall mail notice of the time and place for the hearing to the 177
applicant for, or the holder of, the liquor permit who is 178
specified in the petition and to the elector who filed the 179
protest. At the time and place established in the notice, the 180
election officials shall hear the protest and determine the 181
validity of the petition. 182
Sec. 4301.351. (A) If a petition is for submission of the 191
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question of whether the sale of intoxicating liquor shall be 192
permitted on Sunday, a special election shall be held in the 193
precinct at the time fixed as provided in section 4301.33 of the 195
Revised Code. The expenses of holding the election shall be 196
charged to the municipal corporation or township of which the 197
precinct is a part.
(B) At the election, one or more of the following 199
questions, as designated in a valid petition OR AS SUBMITTED BY 201
THE LEGISLATIVE AUTHORITY OF A MUNICIPAL CORPORATION OR THE BOARD 202
OF TRUSTEES OF A TOWNSHIP, shall be submitted to the electors of 204
the precinct:
(A)(1) "Shall the sale of intoxicating liquor, of the same 206
types as may be legally sold in this precinct on other days of 208
the week, be permitted in this ........ for consumption on the 209
premises where sold, between the hours of one p.m. and midnight 210
on Sunday?"
(B)(2) "Shall the sale of intoxicating liquor, of the same 212
types as may be legally sold in this precinct on other days of 214
the week, be permitted in this ........ for consumption on the 215
premises where sold, between the hours of one p.m. and midnight 216
on Sunday, at licensed premises where the sale of food and other 217
goods and services exceeds fifty per cent of the total gross 218
receipts of the permit holder at the premises?"
(C)(3) "Shall the sale of wine and mixed beverages, of the 221
same types as may be legally sold in this precinct on other days 223
of the week, be permitted in this ........ for consumption off 224
the premises where sold, between the hours of one p.m. and 225
midnight on Sunday?"
(4) "SHALL THE SALE OF INTOXICATING LIQUOR, OF THE SAME 227
TYPES AS MAY BE LEGALLY SOLD IN THIS PRECINCT ON OTHER DAYS OF 228
THE WEEK, BE PERMITTED IN THIS ....... FOR CONSUMPTION ON THE 230
PREMISES WHERE SOLD, BETWEEN THE HOURS OF ONE p.m. AND MIDNIGHT 231
ON SUNDAY, AT OUTDOOR PERFORMING ARTS CENTERS, AS DEFINED IN 233
SECTION 4303.182 OF THE REVISED CODE, THAT HAVE BEEN ISSUED A D-6 235
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PERMIT?"
QUESTION (B)(4) SHALL BE PRESENTED TO THE ELECTORS OF A 237
PRECINCT IN WHICH AN OUTDOOR PERFORMING ARTS CENTER IS LOCATED 238
ONLY IF THE LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION IN 239
WHICH, OR THE BOARD OF TRUSTEES OF THE TOWNSHIP IN WHICH, THE 240
OUTDOOR PERFORMING ARTS CENTER IS LOCATED SUBMITS, NOT LATER THAN 241
FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF A PRIMARY OR 242
GENERAL ELECTION THAT OCCURS WITHIN TWO YEARS AFTER THE EFFECTIVE 243
DATE OF THIS AMENDMENT, TO THE BOARD OF ELECTIONS OF THE COUNTY 244
IN WHICH THE PRECINCT IS LOCATED, A COPY OF AN ORDINANCE OR 245
RESOLUTION REQUESTING THE SUBMISSION OF THAT QUESTION TO THE 246
ELECTORS OF THE PRECINCT. AN ELECTION ON QUESTION (B)(4) MAY NOT 247
BE SOUGHT BY A PETITION UNDER SECTION 4301.33 OF THE REVISED 248
CODE.
(C) AT THE ELECTION, ONE OR MORE OF THE FOLLOWING 250
QUESTIONS, AS DESIGNATED IN A VALID PETITION, SHALL BE SUBMITTED 251
TO THE ELECTORS OF THE PRECINCT: 252
(1) "SHALL THE SALE OF INTOXICATING LIQUOR, OF THE SAME 254
TYPES AS MAY BE LEGALLY SOLD IN THIS PRECINCT ON OTHER DAYS OF 256
THE WEEK, BE PERMITTED IN THIS ........ FOR CONSUMPTION ON THE 257
PREMISES WHERE SOLD, BETWEEN THE HOURS OF TEN a.m. AND MIDNIGHT 258
ON SUNDAY?"
(2) "SHALL THE SALE OF INTOXICATING LIQUOR, OF THE SAME 260
TYPES AS MAY BE LEGALLY SOLD IN THIS PRECINCT ON OTHER DAYS OF 262
THE WEEK, BE PERMITTED IN THIS ........ FOR CONSUMPTION ON THE 263
PREMISES WHERE SOLD, BETWEEN THE HOURS OF TEN a.m. AND MIDNIGHT 264
ON SUNDAY, AT LICENSED PREMISES WHERE THE SALE OF FOOD AND OTHER 267
GOODS AND SERVICES EXCEEDS FIFTY PER CENT OF THE TOTAL GROSS 268
RECEIPTS OF THE PERMIT HOLDER AT THE PREMISES?"
(3) "SHALL THE SALE OF WINE AND MIXED BEVERAGES, OF THE 270
SAME TYPES AS MAY BE LEGALLY SOLD IN THIS PRECINCT ON OTHER DAYS 272
OF THE WEEK, BE PERMITTED IN THIS ........ FOR CONSUMPTION OFF 273
THE PREMISES WHERE SOLD, BETWEEN THE HOURS OF TEN a.m. AND 274
MIDNIGHT ON SUNDAY?"
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(D) No C or D permit holder who first applied for such a 276
permit after April 15, 1982, shall sell beer on Sunday unless the 277
sale of intoxicating liquor is authorized in the precinct or 278
portion thereof OF THE PRECINCT at an election on question (A), 280
(B)(1), (B)(2), OR (B)(3) OF THIS SECTION, or ON QUESTION (C)(1), 282
(C)(2), OR (C)(3) of this section or at an election, on question 283
(A), (B)(1), (B)(2), OR (B)(3) OF SECTION 4301.354 OF THE REVISED 285
CODE, or ON QUESTION (C)(1), (C)(2), OR (C)(3) of section 287
4301.354 of the Revised Code, whichever question or questions are 289
appropriate OR ON QUESTION (B)(2) OF SECTION 4301.355 OF THE 290
REVISED CODE. No D-6 permit is required for the sale of beer on 292
Sunday.
The board of elections to which the petition is presented 294
shall furnish printed ballots at the election in accordance with 295
section 3505.06 of the Revised Code, and separate ballots shall 296
be used for the special election. One or more of the questions 297
prescribed by DIVISIONS (B) AND (C) OF this section, as 299
designated in the petition, shall be set forth on each ballot, 300
and the board shall insert in each question the name or an 301
accurate description of the precinct in which the election is to 302
be held. Votes shall be cast as provided in section 3505.06 of 303
the Revised Code.
Sec. 4301.354. (A) If a petition is filed under section 312
4301.332 of the Revised Code for the submission of the one or 315
more questions set forth in this section, a special election 317
shall be held in the precinct as ordered by the board of 318
elections under that section. The expense of holding the special
election shall be charged to the municipal corporation or 319
township of which the precinct is a part. 320
(B) At the election, one or more of the following 322
questions, as designated in a valid petition, shall be submitted 324
to the electors of the precinct concerning Sunday sales: 325
(A)(1) "Shall the sale of intoxicating liquor be permitted 327
in a portion of this precinct between the hours of one p.m. and 329
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midnight on Sunday for consumption on the premises where sold, 331
where the status of such Sunday sales as allowed or prohibited is 332
inconsistent with the status of such Sunday sales in the 333
remainder of the precinct?"
(B)(2) "Shall the sale of intoxicating liquor be permitted 336
in a portion of this precinct between the hours of one p.m. and 338
midnight on Sunday for consumption on the premises where sold at 339
licensed premises where the sale of food and other goods exceeds 340
fifty per cent of the total gross receipts of the permit holder 341
at the premises, where the status of such Sunday sales as allowed 343
or prohibited is inconsistent with the status of such Sunday 344
sales in the remainder of the precinct?"
(C)(3) "Shall the sale of wine and mixed beverages be 347
permitted in a portion of this precinct between the hours of one 348
p.m. and midnight on Sunday for consumption off the premises 350
where sold, where the status of such Sunday sales as allowed or 351
prohibited is inconsistent with the status of such Sunday sales 352
in the remainder of the precinct?"
(C) AT THE ELECTION, ONE OR MORE OF THE FOLLOWING 354
QUESTIONS, AS DESIGNATED IN A VALID PETITION, SHALL BE SUBMITTED 355
TO THE ELECTORS OF THE PRECINCT CONCERNING SUNDAY SALES: 356
(1) "SHALL THE SALE OF INTOXICATING LIQUOR BE PERMITTED IN 359
A PORTION OF THIS PRECINCT BETWEEN THE HOURS OF TEN a.m. AND 361
MIDNIGHT ON SUNDAY FOR CONSUMPTION ON THE PREMISES WHERE SOLD, 363
WHERE THE STATUS OF SUCH SUNDAY SALES AS ALLOWED OR PROHIBITED IS 364
INCONSISTENT WITH THE STATUS OF SUCH SUNDAY SALES IN THE 365
REMAINDER OF THE PRECINCT?"
(2) "SHALL THE SALE OF INTOXICATING LIQUOR BE PERMITTED IN 368
A PORTION OF THIS PRECINCT BETWEEN THE HOURS OF TEN a.m. AND 369
MIDNIGHT ON SUNDAY FOR CONSUMPTION ON THE PREMISES WHERE SOLD AT 370
LICENSED PREMISES WHERE THE SALE OF FOOD AND OTHER GOODS EXCEEDS 372
FIFTY PER CENT OF THE TOTAL GROSS RECEIPTS OF THE PERMIT HOLDER 373
AT THE PREMISES, WHERE THE STATUS OF SUCH SUNDAY SALES AS ALLOWED 374
OR PROHIBITED IS INCONSISTENT WITH THE STATUS OF SUCH SUNDAY 375
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SALES IN THE REMAINDER OF THE PRECINCT?" 376
(3) "SHALL THE SALE OF WINE AND MIXED BEVERAGES BE 378
PERMITTED IN A PORTION OT THIS PRECINCT BETWEEN THE HOURS OF TEN 379
a.m. AND MIDNIGHT ON SUNDAY FOR CONSUMPTION OFF THE PREMISES 382
WHERE SOLD, WHERE THE STATUS OF SUCH SUNDAY SALES AS ALLOWED OR 383
PROHIBITED IS INCONSISTENT WITH THE STATUS OF SUCH SUNDAY SALES 384
IN THE REMAINDER OF THE PRECINCT?"
(D) The board of elections shall furnish printed ballots 386
at the special election as provided under section 3505.06 of the 388
Revised Code, except that a separate ballot shall be used for the 389
special election. The one or more questions set forth in 390
DIVISIONS (B) AND (C) OF this section shall be printed on each 391
ballot, and the board shall insert in the question and statement 392
appropriate words to complete each and a description of the 393
portion of the precinct that would be affected by the results of 395
the election.
The description of the portion of the precinct shall 398
include either the complete listing of street addresses in that
portion or a condensed text that accurately describes the 399
boundaries of the portion of the precinct by street name or by 400
another name generally known by the residents of the portion of 402
the precinct. If other than a full street listing is used, the 403
full street listing also shall be posted in each polling place in 404
a location that is easily accessible to all voters. Failure of 405
the board of elections to completely and accurately list all 406
street addresses in the affected area of the precinct does not 407
affect the validity of the election at which the failure occurred 408
and is not grounds for contesting an election under section 409
3515.08 of the Revised Code. Votes shall be cast as provided 410
under section 3505.06 of the Revised Code.
Sec. 4301.355. (A) If a petition is filed under section 420
4301.333 of the Revised Code for the submission of the question 422
or questions set forth in this section, it shall be held in the 423
precinct as ordered by the board of elections under that section. 424
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The expense of holding the election shall be charged to the 425
municipal corporation or township of which the precinct is a 426
part.
(B) At the election, one or more of the following 429
questions, as designated in a valid petition, shall be submitted 430
to the electors of the precinct: 431
(1) "Shall the sale of beer and any ........ (INSERT BEER, 434
WINE AND MIXED BEVERAGES, OR intoxicating liquor) be permitted 435
by.......(insert name of applicant, liquor permit holder, or 436
liquor agency store, including trade or fictitious name under 437
which applicant for, or holder of, liquor permit or liquor agency 438
store either intends to DO, or does, do business at the 440
particular location), an ......... (insert "applicant for" or
"holder of" or "operator of") a ........(insert class name of 441
liquor permit or permits followed by the words "liquor permit(s)" 442
or, if appropriate, the words "liquor agency store for the State 443
of Ohio"), who is engaged in the business of .......(insert 444
general nature of the business in which applicant or liquor 445
permit holder is engaged or to WILL be engaged IN at the 446
particular location, as described in the petition) at 448
............(insert address of the particular location within the 449
precinct as set forth in the petition) in this precinct?" 450
(2) "Shall the sale of beer and ........ (INSERT BEER, 453
WINE AND MIXED BEVERAGES, OR intoxicating liquor) be permitted 454
for sale on Sunday by ........ (insert name of applicant, liquor 455
permit holder, or liquor agency store, including trade or
fictitious name under which applicant for, or holder of, liquor 456
permit or liquor agency store either intends to DO, or does, do 457
business at the particular location), an ......(insert "applicant 459
for a D-6 liquor permit," "holder of a D-6 liquor permit," 462
"APPLICANT FOR OR HOLDER OF AN A-1-A, A-2, C-1, C-2x, D-1, D-2x, 465
D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f, D-5g, D-5h, D-5i, 468
D-5j, OR D-7 LIQUOR PERMIT," IF ONLY THE APPROVAL OF BEER SALES 470
IS SOUGHT, or "liquor agency store") who is engaged in the 471
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business of ...........(insert general nature of the business in 473
which applicant or liquor permit holder is engaged or to WILL be 474
engaged IN at the particular location, as described in the 476
petition) at......... (insert address of the particular location 477
within the precinct) in this precinct?" 478
If the sale of beer and, WINE AND MIXED BEVERAGES, OR 480
intoxicating liquor has been approved at a particular location 482
within the precinct at a previous election held under THIS 483
section 4301.355 of the Revised Code, the ballot also shall 485
include the following statement: 486
"At a previous election held under section 4301.355 of the 488
Revised Code, the electors approved the sale of beer and ....... 491
(INSERT BEER, WINE AND MIXED BEVERAGES, OR intoxicating liquor, 493
AS APPROPRIATE) at........(insert business name and address of 495
the particular location or locations within the precinct where 496
such sale has been approved at a previous election under section 497
4301.355 of the Revised Code)." 499
The board of elections shall furnish printed ballots at the 502
election as provided under section 3505.06 of the Revised Code, 504
except that a separate ballot shall be used for the election 505
under THIS section 4301.355 of the Revised Code. The question 507
and, if applicable, the statement set forth in this section shall 508
be printed on each ballot, and the board shall insert in the 509
question and statement appropriate words to complete each. Votes 510
shall be cast as provided under section 3505.06 of the Revised 512
Code. 513
Sec. 4301.361. If a majority of the electors voting on 522
questions set forth in section 4301.351 of the Revised Code in a 523
precinct vote "yes" on question (A)(B)(1) OR (C)(1), or, if both 526
questions (A)(B)(1) and (B)(2), OR QUESTIONS (C)(1) AND (C)(2), 527
are submitted, "yes" on both questions or "yes" on question 529
(A)(B)(1) OR (C)(1) but "no" on question (B)(2) OR (C)(2), sales 530
of intoxicating liquor shall be allowed in the manner and under 531
the conditions specified in question (A)(B)(1) OR (C)(1), under a 533
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D-6 permit, within the precinct concerned, during the period the 535
election is in effect as defined in section 4301.37 of the
Revised Code. 536
If only question (B)(2) OR (C)(2) is submitted to the 538
voters or if questions (B)(2) and (B)(3) OR (C)(2) AND (C)(3) are 541
submitted and a majority of the electors voting in a precinct 542
vote "yes" on question (B)(2) OR (C)(2) as set forth in section 543
4301.351 of the Revised Code, sales of intoxicating liquor shall 545
be allowed in the manner and under the conditions specified in 546
question (B)(2) OR (C)(2), under a D-6 permit, within the 548
precinct concerned, during the period the election is in effect 549
as defined in section 4301.37 of the Revised Code, even if 550
question (A)(B)(1) OR (C)(1) was also submitted and a majority of 552
the electors voting in the precinct voted "no." 553
If question (B)(3) OR (C)(3) is submitted and a majority of 556
electors voting on the question (B)(3) OR (C)(3) AS set forth in 558
section 4301.351 of the Revised Code in a precinct vote "yes," 559
sales of wine and mixed beverages shall be allowed in the manner 560
and under the conditions specified in question (B)(3) OR (C)(3), 562
under a D-6 permit, within the precinct concerned, during the 564
period the election is in effect as defined in section 4301.37 of 565
the Revised Code.
If questions (A)(B)(1), (B)(2), and (C)(B)(3), OR QUESTIONS 568
(C)(1), (C)(2), AND (C)(3), as set forth in section 4301.351 of 571
the Revised Code, are all submitted and a majority of the 572
electors voting in such precinct vote "no" on all three 573
questions, no sales of intoxicating liquor shall be made within 574
the precinct concerned after two-thirty a.m. on Sunday AS 575
SPECIFIED IN THE QUESTIONS SUBMITTED, during the period the 576
election is in effect as defined in section 4301.37 of the 577
Revised Code.
IF QUESTION (B)(4) AS SET FORTH IN SECTION 4301.351 OF THE 579
REVISED CODE IS SUBMITTED AND A MAJORITY OF THE ELECTORS VOTING 581
IN THE PRECINCT VOTE "YES," SALES OF INTOXICATING LIQUOR SHALL BE 582
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ALLOWED AT OUTDOOR PERFORMING ARTS CENTERS IN THE MANNER AND 583
UNDER THE CONDITIONS SPECIFIED IN QUESTION (B)(4) UNDER A D-6 585
PERMIT, WITHIN THE PRECINCT CONCERNED, DURING THE PERIOD THE 587
ELECTION IS IN EFFECT AS DEFINED IN SECTION 4301.37 OF THE 588
REVISED CODE. IF QUESTION (B)(4) AS SET FORTH IN SECTION 590
4301.351 OF THE REVISED CODE IS SUBMITTED AND A MAJORITY OF THE 592
ELECTORS VOTING IN THE PRECINCT VOTE "NO," NO SALES OF
INTOXICATING LIQUOR SHALL BE ALLOWED AT OUTDOOR PERFORMING ARTS 594
CENTERS IN THE PRECINCT CONCERNED UNDER A D-6 PERMIT, AFTER 2:30 595
a.m. ON SUNDAY, DURING THE PERIOD THE ELECTION IS IN EFFECT AS 597
DEFINED IN SECTION 4301.37 OF THE REVISED CODE.
Sec. 4301.364. (A) If a majority of the electors in a 606
precinct vote "yes" on question (A)(B)(1) OR (C)(1) as set forth 608
in section 4301.354 of the Revised Code, the sale of intoxicating 610
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 612
the precinct affected by the results of the election between the 613
hours of one p.m. and midnight on Sunday for consumption on the 616
premises where sold IN THE MANNER AND UNDER THE CONDITIONS 617
SPECIFIED IN THE QUESTION, subject only to Chapters 4301. and 618
4303. of the Revised Code.
(B) If a majority of the electors in a precinct vote "yes" 620
on question (B)(2) OR (C)(2) as set forth in section 4301.354 of 623
the Revised Code, the sale of intoxicating liquor, of the same 624
types as may be legally sold in the precinct on other days of the 625
week, shall be permitted in the portion of the precinct affected 626
by the results of the election between the hours of one p.m. and 628
midnight on Sunday for consumption on the premises where sold at 629
licensed premises where the sale of food and other goods exceeds 630
fifty per cent of the total gross receipts of the permit holder 631
at the premises IN THE MANNER AND UNDER THE CONDITIONS SPECIFIED 632
IN THE QUESTION, subject only to Chapters 4301. and 4303. of the 633
Revised Code.
(C) If a majority of the electors in a precinct vote "yes" 635
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on question (B)(3) OR (C)(3) as set forth in section 4301.354 of 638
the Revised Code, the sale of wine and mixed beverages shall be 640
permitted in the portion of the precinct affected by the results 641
of the election between the hours of one p.m. and midnight on 642
Sunday for consumption off the premises where sold IN THE MANNER 643
AND UNDER THE CONDITIONS SPECIFIED IN THE QUESTION, subject only 644
to Chapters 4301. and 4303. of the Revised Code. 645
(D) If a majority of the electors in a precinct vote "no" 647
on question (A)(B)(1) OR (C)(1) as set forth in section 4301.354 649
of the Revised Code, no sale of intoxicating liquor shall be 651
permitted between the hours of one p.m. and midnight on Sunday 653
for consumption on the premises where sold IN THE MANNER AND 654
UNDER THE CONDITIONS SPECIFIED IN THE QUESTION in the portion of 655
the precinct affected by the results of the election. 656
(E) If a majority of the electors in a precinct vote "no" 658
on question (B)(2) OR (C)(2) as set forth in section 4301.354 of 661
the Revised Code, no sale of intoxicating liquor, shall be 663
permitted between the hours of one p.m. and midnight on Sunday 665
for consumption on the premises where sold at licensed premises 666
where the sale of food and other goods exceeds fifty per cent of 667
the total gross receipts of the permit holder at the premises, IN 668
THE MANNER AND UNDER THE CONDITIONS SPECIFIED IN THE QUESTION in 669
the portion of the precinct affected by the results of the 670
election.
(F) If a majority of the electors in a precinct vote "no" 672
on question (B)(3) OR (C)(3) as set forth in section 4301.354 of 675
the Revised Code, no sale of wine or mixed beverages shall be 676
permitted between the hours of one p.m. and midnight on Sunday 677
for consumption off the premises where sold IN THE MANNER AND 678
UNDER THE CONDITIONS SPECIFIED IN THE QUESTION in the portion of 679
the precinct affected by the results of the election. 680
Sec. 4301.365. (A) If a majority of the electors in a 690
precinct vote "yes" on questions (B)(1) and (2), as set forth in 691
section 4301.355 of the Revised Code, the sale of beer, WINE and 693
15
MIXED BEVERAGES, OR intoxicating liquor, WHICHEVER WAS THE 694
SUBJECT OF THE ELECTION, shall be allowed at the particular 696
location and for the use specified in the question under each 697
permit applied for by the petitioner or at the address listed for 698
the liquor agency store subject only to Chapters 4301. and 4303. 699
of the Revised Code. Failure to continue to use the particular 702
location for any proposed or stated use set forth in the petition 703
shall constitute good cause for the denial of a renewal of the 704
liquor permit under division (A) of section 4303.271 of the 705
Revised Code or cause for the nonrenewal or cancellation of the 708
liquor agency store contract by the division of liquor control, 709
except in the case where the liquor permit holder or liquor 710
agency store decides to cease the sale of beer, WINE AND MIXED 711
BEVERAGES, or intoxicating liquor, WHICHEVER WAS THE SUBJECT OF 712
THE ELECTION, on Sundays. 713
(B) If a majority of the electors in a precinct vote "yes" 716
on question (B)(1) and "no" on question (B)(2) as set forth in 718
section 4301.355 of the Revised Code, the sale of beer, WINE and 720
MIXED BEVERAGES, OR intoxicating liquor, WHICHEVER WAS THE 721
SUBJECT OF THE ELECTION, shall be allowed at the particular 722
location for the use specified in question (B)(1) of section 724
4301.355 of the Revised Code and under each permit applied for by 727
the petitioner, except for a D-6 permit, subject only to Chapters 729
4301. and 4303. of the Revised Code. 731
(C) If a majority of the electors in a precinct vote "no" 734
on question (B)(1) as set forth in section 4301.355 of the 736
Revised Code, no sales of beer, WINE AND MIXED BEVERAGES, or 737
intoxicating liquor, WHICHEVER WAS THE SUBJECT OF THE ELECTION, 739
shall be allowed at the particular location for the use specified 740
in the petition during the period the election is in effect as 741
defined in section 4301.37 of the Revised Code. 743
(D) If a majority of the electors in a precinct vote only 746
on question (B)(2) as set forth in section 4301.355 of the 748
Revised Code, and that vote results in a majority "yes" vote, 750
16
sales of beer, WINE AND MIXED BEVERAGES, or intoxicating liquor, 751
WHICHEVER WAS THE SUBJECT OF THE ELECTION, shall be allowed at 753
the particular location for the use specified in the petition on 754
Sunday during the period the election is in effect as defined in 756
section 4301.37 of the Revised Code. 758
(E) If a majority of the electors in a precinct vote only 761
on question (B)(2) as set forth in section 4301.355 of the 763
Revised Code, and that vote results in a majority "no" vote, no 765
sales of beer, WINE AND MIXED BEVERAGES, or intoxicating liquor, 766
WHICHEVER WAS THE SUBJECT OF THE ELECTION, shall be allowed at 768
the particular location for the use specified in the petition on 769
Sunday during the period the election is in effect as defined in 771
section 4301.37 of the Revised Code. 773
(F) In case of elections in the same precinct or 776
overlapping precincts for the question or questions set forth in 777
section 4301.355 of the Revised Code and for a question or 779
questions set forth in section 4301.35, 4301.351, 4301.353, 780
4301.354, 4303.29, or 4305.14 of the Revised Code, the results of 783
the election held on the question or questions set forth in 784
section 4301.355 of the Revised Code shall apply to the 786
particular location notwithstanding the results of the election 787
held on the question or questions set forth in section 4301.35, 788
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised 790
Code. 791
Sec. 4301.37. (A) When a local option election, other 800
than an election under section 4301.351, 4301.352, 4301.353, 801
4301.354, 4301.355, or 4301.356 of the Revised Code, is held in 803
any precinct, except as provided in divisions (G) and (H) of 805
section 4301.39 of the Revised Code, the result of the election 806
shall be effective in the precinct until another election is 808
called and held pursuant to sections 4301.32 to 4301.36 of the 809
Revised Code, but no such election shall be held in the precinct 810
on the same question more than once in each four years. 811
(B) When a local option election under section 4301.351 of 813
17
the Revised Code is held in any precinct, except as provided in 815
divisions (G) and (H) of section 4301.39 of the Revised Code, the 817
result of the election shall be effective in the precinct until
another election is called and held pursuant to sections 4301.32 819
to 4301.361 of the Revised Code, but no such election shall be 820
held under section 4301.351 of the Revised Code in the precinct 821
on the same question more than once in each four years. 822
(C) When a local option election is held in a precinct 824
under section 4301.352 of the Revised Code, and a majority of the 825
electors voting on the question vote "yes," no subsequent local 826
option election shall be held in the precinct upon the sale of 827
beer or intoxicating liquor by the class C or D permit holder at 828
the specified premises for a period of at least four calendar 829
years from the date of the most recent local option election, 830
except that this division shall not be construed to prohibit the 832
holding or affect the results of a local option election under 833
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 834
4305.14 of the Revised Code. 835
(D) When a local option election is held in a precinct 837
under section 4301.353 or 4301.354 of the Revised Code, except as 838
provided in divisions (G) and (H) of section 4301.39 of the 840
Revised Code, the results of the election shall be effective 841
until another election is held under that section on the same 842
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 845
years from the date of the most recent election on such THAT 846
question. This division shall not be construed to prohibit the 849
future holding of, or affect the future results of, a local
option election held under section 4301.35, 4301.351, 4301.355, 850
4303.29, or 4305.14 of the Revised Code. 852
(E) When a local option election is held in a precinct 854
under section 4301.355 of the Revised Code, the results of that 855
election shall be effective at the particular location designated 856
in the petition until another election is held pursuant to 857
18
section 4301.355 of the Revised Code, or until such time as an 858
election is held pursuant to section 4301.352 of the Revised 859
Code, but no election shall be held under section 4301.355 of the 860
Revised Code regarding the same use at that particular location 861
for a period of at least four calendar years from the date of the 862
most recent election on such THAT question. The results of a 865
local option election held in a precinct under section 4301.355 866
of the Revised Code shall not prohibit the holding of, and shall 867
OR be affected by the results of, a local option election held 868
under section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 870
4305.14 of the Revised Code. 871
(F) When a local option election is held in a municipal 873
corporation or unincorporated area of a township under section 875
4301.356 of the Revised Code, the results of the election shall 876
be effective at the community facility that was the subject of 877
the election until another such election is held regarding that 878
community facility, but no such election shall be held for a
period of at least four calendar years from the date of the 879
election. The results of a local option election held in a 881
municipal corporation or unincorporated area of a township under 882
section 4301.356 of the Revised Code shall not prohibit the 883
holding of, or affect or be affected by the results of, a local 884
option election held under section 4301.35, 4301.351, 4301.353, 886
4301.354, 4303.29, or 4305.14 of the Revised Code. 887
(G) If a community facility is located in an election 889
precinct in which a previous local option election in the 890
precinct resulted in approval of the sale of beer or intoxicating 891
liquor in the precinct, the community facility shall sell beer or 893
intoxicating liquor only to the extent permitted by the previous
local option election until an election is held pursuant to 894
section 4301.356 of the Revised Code. 895
(H) A community facility shall not be affected by a local 897
option election held on or after the effective date of this 898
amendment MARCH 30, 1999, unless the election is held under 900
19
section 4301.356 of the Revised Code.
Sec. 4301.40. (A) No local option election held pursuant 909
to sections 4301.32 to 4301.39 of the Revised Code shall affect 911
or prohibit the following:
(A)(1) The transportation, possession, or consumption of 913
intoxicating liquors within the precinct in which such THE 915
election is held, nor OR sales in such THE precinct under B-3, E, 917
or G permits; 918
(B)(2) The sale of intoxicating liquors, at a permit 920
premises located at any publicly owned airport, as defined in 922
section 4563.01 of the Revised Code, at which commercial airline 923
companies operate regularly scheduled flights on which space is 924
available to the public, provided the permit holder operates
pursuant to the authority of a liquor permit issued pursuant to 925
Chapter 4303. of the Revised Code. 926
(B)(1) AS USED IN THIS DIVISION: 928
(a) "OHIO HISTORICAL SOCIETY AREA" MEANS THE OHIO 931
HISTORICAL CENTER AND OHIO VILLAGE, BOTH LOCATED CONTIGUOUS TO 932
THE STATE FAIRGROUNDS. 933
(b) "STATE FAIRGROUNDS" MEANS THE PROPERTY THAT IS HELD BY 935
THE STATE FOR THE PURPOSE OF CONDUCTING FAIRS, EXPOSITIONS, AND 937
EXHIBITS AND ALL OTHER CONTIGUOUS PROPERTY THAT IS OWNED, 939
MAINTAINED, OR MANAGED BY THE OHIO EXPOSITIONS COMMISSION UNDER 940
SECTION 991.03 OF THE REVISED CODE.
(2) NO LOCAL OPTION ELECTION HELD UNDER SECTIONS 4301.32 942
TO 4301.41 AND 4305.14 OF THE REVISED CODE, OR HELD UNDER THE 944
PROVISIONS FOR LOCAL OPTION ELECTIONS AND THE ELECTION ON THE 945
QUESTION OF THE REPEAL OF SECTION 9 OF ARTICLE XV, OHIO 947
CONSTITUTION, IN SECTION 4303.29 OF THE REVISED CODE, WHETHER 948
HELD BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, 949
PROHIBITS OR OTHERWISE AFFECTS THE SALE OF BEER OR INTOXICATING 951
LIQUOR IN OR AT THE OHIO HISTORICAL SOCIETY AREA OR THE STATE 952
FAIRGROUNDS UNDER A PERMIT ISSUED UNDER CHAPTER 4303. OF THE 953
REVISED CODE.
20
Sec. 4301.402. Sections 4301.32 to 4301.391, 4301.41, and 962
4305.14 of the Revised Code and the provisions for local option 964
elections and the election on the question of the repeal of 966
Section 9 of Article XV, Ohio Constitution, in section 4303.29 of 968
the Revised Code, do not affect or prohibit the sale of beer or 970
intoxicating liquor at a GOLF COURSE OR AT A hotel, motel, or
lodge required to be licensed under section 3731.03 of the 973
Revised Code that contains at least fifty rooms for registered 975
transient guests and IF THE GOLF COURSE, HOTEL, MOTEL, OR LODGE 976
is owned by the state or a political subdivision or conservancy 977
district, PARK DISTRICT CREATED UNDER CHAPTER 1545. OF THE 978
REVISED CODE, OR OTHER POLITICAL SUBDIVISION of the state, 979
provided that AND the permit holder for the GOLF COURSE, hotel, 981
motel, or lodge operates pursuant to the authority of the liquor 983
permit issued pursuant to Chapter 4303. of the Revised Code.
Sec. 4301.62. (A) As used in this section: 992
(1) "Chauffeured limousine" means a vehicle registered 995
under section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same 997
meanings as in section 4511.01 of the Revised Code. 998
(B) No person shall have in the person's possession an 1,000
opened container of beer or intoxicating liquor in any of the 1,001
following circumstances: 1,002
(1) In a state liquor store; 1,004
(2) Except as provided in division (C) of this section, on 1,007
the premises of the holder of any permit issued by the division 1,008
of liquor control;
(3) In any other public place; 1,010
(4) Except as provided in division (D) of this section, 1,012
while operating or being a passenger in or on a motor vehicle on 1,014
any street, highway, or other public or private property open to 1,015
the public for purposes of vehicular travel or parking; 1,016
(5) Except as provided in division (D) of this section, 1,018
while being in or on a stationary motor vehicle on any street, 1,019
21
highway, or other public or private property open to the public 1,020
for purposes of vehicular travel or parking.
(C) A person may have in the person's possession an opened 1,023
container of beer or intoxicating liquor that has been lawfully 1,024
purchased for consumption on the premises where bought of a 1,025
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, 1,027
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-7, 1,028
D-8, E, F, or F-2 permit, or beer or intoxicating liquor consumed 1,030
on the premises of a convention facility as provided in section 1,031
4303.201 of the Revised Code.
A person may have in the person's possession on an F liquor 1,034
permit premises an opened container of beer or intoxicating 1,035
liquor that was not purchased from the holder of the F permit if 1,037
the premises for which the F permit is issued is a music festival 1,039
and the holder of the F permit grants permission for such THAT 1,041
possession on the premises during the period for which the F 1,042
permit is issued. As used in this division, "music festival" 1,043
means a series of outdoor live musical performances, extending 1,044
for a period of at least three consecutive days and located on an 1,045
area of land of at least forty acres. 1,046
(D) This section does not apply to a person who pays all 1,048
or a portion of the fee imposed for the use of a chauffeured 1,050
limousine pursuant to a prearranged contract, or the guest of the 1,051
person, when all of the following apply:
(1) The person or guest is a passenger in the limousine. 1,053
(2) The person or guest is located in the limousine, but is 1,055
not occupying a seat in the front compartment of the limousine 1,056
where the operator of the limousine is located. 1,057
(3) The limousine is located on any street, highway, or 1,059
other public or private property open to the public for purposes 1,060
of vehicular travel or parking. 1,061
Sec. 4303.181. (A) Permit D-5a may be issued either to 1,071
the owner or operator of a hotel or motel THAT IS required to be 1,073
licensed under section 3731.03 of the Revised Code containing, 1,074
22
THAT CONTAINS at least fifty rooms for registered transient 1,075
guests, and which THAT qualifies under the other requirements of 1,077
this section, or to the owner or operator of a restaurant 1,079
specified under this section, to sell beer and any intoxicating 1,080
liquor at retail, only by the individual drink in glass and from 1,081
the container, for consumption on the premises where sold, and to 1,082
registered guests in their rooms, which may be sold by means of a 1,083
controlled access alcohol and beverage cabinet in accordance with 1,084
division (B) of section 4301.21 of the Revised Code; and to sell 1,085
the same products in the same manner and amounts not for 1,086
consumption on the premises as may be sold by holders of D-1 and 1,087
D-2 permits. The premises of the hotel or motel shall include a 1,088
restaurant THAT IS licensed pursuant to section 3717.43 of the 1,089
Revised Code, THAT IS affiliated with the hotel or motel and 1,091
within or contiguous to the hotel or motel, serving AND THAT 1,092
SERVES food within the hotel or motel, but the principal business 1,094
of the owner or operator of the hotel or motel shall be the 1,095
accommodation of transient guests. In addition to the privileges 1,096
authorized in this division, the holder of a D-5a permit may 1,098
exercise the same privileges as the holder of a D-5 permit. 1,099
The owner or operator of a hotel, motel, or restaurant who 1,101
qualified for and held a D-5a permit on August 4, 1976, may, if 1,103
the owner or operator held another permit before holding a D-5a 1,104
permit, either retain a D-5a permit or apply for the permit 1,105
formerly held, and the division of liquor control shall issue the 1,106
permit for which the owner or operator applies and formerly held, 1,107
notwithstanding any quota.
A D-5a permit shall not be transferred to another location. 1,110
No quota restriction shall be placed on the number of such 1,111
permits which THAT may be issued.
The fee for this permit is one thousand eight hundred 1,114
seventy-five dollars.
(B) Permit D-5b may be issued to the owner, operator, 1,117
tenant, lessee, or occupant of an enclosed shopping center to 1,118
23
sell beer and intoxicating liquor at retail, only by the 1,119
individual drink in glass and from the container, for consumption 1,120
on the premises where sold; and to sell the same products in the 1,121
same manner and amount not for consumption on the premises as may 1,122
be sold by holders of D-1 and D-2 permits. In addition to the 1,123
privileges authorized in this division, the holder of a D-5b 1,125
permit may exercise the same privileges as a holder of a D-5 1,126
permit.
A D-5b permit shall not be transferred to another location. 1,129
One D-5b permit may be issued at an enclosed shopping 1,132
center containing at least two hundred twenty-five thousand, but 1,133
less than four hundred thousand, square feet of floor area. 1,134
Two D-5b permits may be issued at an enclosed shopping 1,137
center containing at least four hundred thousand square feet of 1,138
floor area. No more than one D-5b permit may be issued at an 1,139
enclosed shopping center for each additional two hundred thousand 1,140
square feet of floor area or fraction thereof OF THAT FLOOR AREA, 1,141
up to a maximum of five D-5b permits for each enclosed shopping 1,143
center. The number of D-5b permits that may be issued at an 1,144
enclosed shopping center shall be determined by subtracting the 1,145
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 1,146
issued at the enclosed shopping center under the formulas 1,147
provided in this division. Except as provided in this section, 1,148
no quota shall be placed on the number of D-5b permits that may 1,149
be issued. Notwithstanding any quota provided in this section, 1,150
the holder of any D-5b permit first issued in accordance with 1,151
this section is entitled to its renewal in accordance with 1,152
section 4303.271 of the Revised Code. 1,153
The holder of a D-5b permit issued before April 4, 1984, 1,156
whose tenancy is terminated for a cause other than nonpayment of 1,157
rent, may return the D-5b permit to the division of liquor 1,159
control, and the division shall cancel that permit. Upon 1,161
cancellation of that permit and upon the permit holder's payment 1,162
24
of taxes, contributions, premiums, assessments, and other debts 1,163
owing or accrued upon the date of cancellation to this state and 1,164
its political subdivisions and a filing with the division of a 1,165
certification thereof OF THAT PAYMENT, the division shall issue 1,167
to that person either a D-5 permit, or a D-1, a D-2, and a D-3 1,169
permit, as that person requests. The division shall issue the 1,170
D-5 permit, or the D-1, D-2, and D-3 permits, even if the number 1,172
of D-1, D-2, D-3, or D-5 permits currently issued in the 1,173
municipal corporation or in the unincorporated area of the 1,174
township where that person's proposed premises is located equals 1,175
or exceeds the maximum number of such permits that can be issued 1,176
in that municipal corporation or in the unincorporated area of 1,177
that township under the population quota restrictions contained 1,178
in section 4303.29 of the Revised Code. Any such D-1, D-2, D-3, 1,179
or D-5 permit so issued shall not be transferred to another 1,180
location. If a D-5b permit is canceled under the provisions of 1,181
this paragraph, the number of D-5b permits that may be issued at 1,182
the enclosed shopping center for which the D-5b permit was 1,183
issued, under the formula provided in this division, shall be 1,184
reduced by one if the enclosed shopping center was entitled to 1,185
more than one D-5b permit under the formula. 1,186
The fee for this permit is one thousand eight hundred 1,189
seventy-five dollars.
(C) Permit D-5c may be issued either to the owner or 1,192
operator of a restaurant THAT IS licensed pursuant to section 1,194
3717.43 of the Revised Code, and which THAT qualifies under the 1,196
other requirements of this section to sell beer and any
intoxicating liquor at retail, only by the individual drink in 1,197
glass and from the container, for consumption on the premises 1,198
where sold, and to sell the same products in the same manner and 1,199
amounts not for consumption on the premises as may be sold by 1,200
holders of D-1 and D-2 permits. In addition to the privileges 1,201
authorized in this division, the holder of a D-5c permit may 1,203
exercise the same privileges as the holder of a D-5 permit. 1,204
25
To qualify for a D-5c permit, the owner or operator of a 1,207
restaurant THAT IS licensed pursuant to section 3717.43 of the 1,208
Revised Code shall have operated the restaurant at the proposed 1,210
premises for not less than twenty-four consecutive months 1,211
immediately preceding the filing of an THE application for the 1,212
permit, have applied for a D-5 permit no later than December 31, 1,214
1988, and appear on the division's quota waiting list for not
less than six months immediately preceding the filing of an THE 1,217
application for the permit. In addition to these requirements, 1,219
the proposed D-5c permit premises shall be located within a 1,220
municipal corporation and further within an election precinct 1,222
which THAT, at the time of the applications APPLICATION, has no 1,224
more than twenty-five per cent of its total land area zoned for 1,225
residential use.
A D-5c permit shall not be transferred to another location. 1,228
No quota restriction shall be placed on the number of such 1,229
permits which THAT may be issued.
Any person who has held a D-5c permit for at least two 1,232
years may apply for a D-5 permit, and the division of liquor 1,233
control shall issue the D-5 permit notwithstanding the quota 1,234
restrictions contained in section 4303.29 of the Revised Code or 1,235
in any rule of the liquor control commission. 1,236
The fee for this permit is one thousand two hundred fifty 1,239
dollars.
(D) Permit D-5d may be issued to either the owner or 1,242
operator of a restaurant that is licensed pursuant to section 1,243
3717.43 of the Revised Code and located at an airport operated by 1,244
a board of county commissioners pursuant to section 307.20 of the 1,245
Revised Code or at an airport operated by a regional airport 1,246
authority pursuant to Chapter 308. of the Revised Code. Not more 1,247
than one D-5d permit shall be issued in each county. The holder 1,248
of a D-5d permit may sell beer and any intoxicating liquor at 1,249
retail, only by the individual drink in glass and from the 1,250
container, for consumption on the premises where sold, and may 1,251
26
sell the same products in the same manner and amounts not for 1,252
consumption on the premises where sold as may be sold by the 1,253
holders of D-1 and D-2 permits. In addition to the privileges 1,254
authorized in this division, the holder of a D-5d permit may 1,255
exercise the same privileges as the holder of a D-5 permit. 1,256
A D-5d permit shall not be transferred to another location. 1,259
Except as otherwise provided in this division, no quota 1,260
restrictions shall be placed on the number of such permits which 1,261
THAT may be issued.
The fee for this permit is one thousand eight hundred 1,264
seventy-five dollars.
(E) Permit D-5e may be issued to any nonprofit 1,267
organization that is exempt from federal income taxation under 1,268
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1,270
501(c)(3), as amended, or that is a charitable organization under 1,271
any chapter of the Revised Code, and that owns or operates a 1,272
riverboat which THAT meets all of the following:
(1) Is permanently docked at one location; 1,275
(2) Is designated as an historical riverboat by the Ohio 1,278
historical society;
(3) Contains not less than fifteen hundred square feet of 1,281
floor area;
(4) Has a seating capacity of fifty or more persons. 1,284
The holder of a D-5e permit may sell beer and intoxicating 1,287
liquor at retail, only by the individual drink in glass and from 1,288
the container, for consumption on the premises where sold. 1,289
A D-5e permit shall not be transferred to another location. 1,292
No quota restriction shall be placed on the number of such 1,293
permits which THAT may be issued. The population quota 1,295
restrictions contained in section 4303.29 of the Revised Code or 1,296
in any rule of the liquor control commission shall not apply to 1,297
this division, and the division shall issue a D-5e permit to any 1,299
applicant who meets the requirements of this division. However, 1,300
the division shall not issue a D-5e permit if the permit premises 1,302
27
or proposed permit premises are located within an area in which 1,303
the sale of spirituous liquor by the glass is prohibited. 1,304
The fee for this permit is nine hundred seventy-five 1,307
dollars.
(F) Permit D-5f may be issued to either the owner or the 1,310
operator of a food service operation THAT IS licensed under 1,311
section 3717.43 of the Revised Code AND that meets all of the 1,312
following:
(1) Contains IT CONTAINS not less than twenty-five hundred 1,315
square feet of floor area;.
(2) Is IT IS located on or in, or immediately adjacent to, 1,318
the shoreline of, a navigable river;.
(3) Provides IT PROVIDES docking space for twenty-five 1,321
boats;.
(4) Provides IT PROVIDES entertainment and recreation, 1,324
provided that not less than fifty per cent of the business on the 1,325
permit premises shall be preparing and serving meals for a 1,326
consideration.
In addition, each application for a D-5f permit shall be 1,329
accompanied by a certification from the local legislative 1,330
authority that the issuance of the D-5f permit is not 1,331
inconsistent with that political subdivision's comprehensive 1,332
development plan or other economic development goal as officially 1,333
established by the local legislative authority.
The holder of a D-5f permit may sell beer and intoxicating 1,336
liquor at retail, only by the individual drink in glass and from 1,337
the container, for consumption on the premises where sold. 1,338
A D-5f permit shall not be transferred to another location. 1,341
No more than fifteen D-5f permits shall be issued by the division 1,342
of liquor control, and no more than two such permits shall be 1,344
issued in any county. However, the division shall not issue a 1,345
D-5f permit if the permit premises or proposed permit premises 1,347
are located within an area in which the sale of spirituous liquor 1,348
by the glass is prohibited. 1,349
28
A fee for this permit is one thousand eight hundred 1,352
seventy-five dollars.
As used in this division, "navigable river" means a river 1,355
which THAT is also a "navigable water" as defined in the "Federal 1,357
Power Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 1,359
(G) Permit D-5g may be issued to a nonprofit corporation 1,362
that is either the owner or the operator of a national 1,363
professional sports museum. The holder of a D-5g permit may sell 1,364
beer and any intoxicating liquor at retail, only by the 1,365
individual drink in glass and from the container, for consumption 1,366
on the premises where sold. The holder of a D-5g permit shall 1,367
sell no beer or intoxicating liquor for consumption on the 1,368
premises where sold after one a.m. A D-5g permit shall not be 1,369
transferred to another location. No quota restrictions shall be 1,370
placed on the number of D-5g permits that may be issued. The fee
for this permit is one thousand five hundred dollars. 1,371
(H) Permit D-5h may be issued to any nonprofit 1,373
organization that is exempt from federal income taxation under 1,374
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1,375
501(c)(3), as amended, that owns or operates a fine arts museum 1,376
and has no less than five thousand bona fide members possessing 1,377
full membership privileges. The holder of a D-5h permit may sell 1,378
beer and any intoxicating liquor at retail, only by the 1,379
individual drink in glass and from the container, for consumption 1,380
on the premises where sold. The holder of a D-5h permit shall 1,381
sell no beer or intoxicating liquor for consumption on the 1,382
premises where sold after one a.m. A D-5h permit shall not be 1,383
transferred to another location. No quota restrictions shall be 1,384
placed on the number of D-5h permits that may be issued. The fee 1,385
for this permit is one thousand five hundred dollars. 1,386
(I) Permit D-5i may be issued to either the owner or the 1,388
operator of a food service operation THAT IS licensed under 1,389
section 3717.43 of the Revised Code AND that meets all of the 1,390
following requirements: 1,391
29
(1) It is located in a municipal corporation or a township 1,393
with a population of fifty thousand or less. 1,394
(2) It has inside seating capacity for at least one 1,396
hundred forty persons. 1,397
(3) It has at least five FOUR thousand square feet of 1,399
floor area. 1,400
(4) It offers full-course meals, appetizers, and 1,402
sandwiches. 1,403
(5) Its receipts from beer and liquor sales do not exceed 1,405
twenty-five per cent of its total gross receipts. 1,406
(6) The value of its real and personal property exceeds 1,408
nine SEVEN hundred twenty-five thousand dollars. 1,410
The holder of a D-5i permit shall cause an independent 1,412
audit to be performed at the end of one full year of operation 1,413
following issuance of the permit in order to verify the 1,414
requirements of division (I)(5) of this section. The results of 1,415
the independent audit shall be transmitted to the division. Upon 1,417
determining that the receipts of the holder from beer and liquor 1,418
sales exceeded twenty-five per cent of its total gross receipts, 1,419
the division shall suspend the permit of the permit holder under 1,421
section 4301.25 of the Revised Code and may allow the permit 1,422
holder to elect a forfeiture under section 4301.252 of the 1,423
Revised Code.
The holder of a D-5i permit may sell beer and any 1,425
intoxicating liquor at retail, only by the individual drink in 1,426
glass and from the container, for consumption on the premises 1,427
where sold, and may sell the same products in the same manner and 1,428
amounts not for consumption on the premises where sold as may be 1,429
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 1,430
permit shall sell no beer or intoxicating liquor for consumption 1,431
on the premises where sold after two-thirty a.m. In addition to 1,432
the privileges authorized in this division, the holder of a D-5i 1,434
permit may exercise the same privileges as the holder of a D-5 1,435
permit.
30
A D-5i permit shall not be transferred to another location. 1,437
The division of liquor control shall not renew a D-5i permit 1,439
unless the food service operation for which it is issued 1,440
continues to meet the requirements described in divisions (I)(1) 1,441
to (6) of this section. No quota restrictions shall be placed on 1,442
the number of D-5i permits that may be issued. The fee for this 1,443
permit is one thousand eight hundred seventy-five dollars. 1,444
(J)(1) Permit D-5j may be issued to either the owner or 1,446
the operator of a food service operation THAT IS licensed under 1,447
section 3732.03 3717.43 of the Revised Code to sell beer and 1,450
intoxicating liquor at retail, only by the individual drink in 1,451
glass and from the container, for consumption on the premises 1,452
where sold and to sell beer and intoxicating liquor in the same 1,453
manner and amounts not for consumption on the premises where sold 1,455
as may be sold by the holders of D-1 and D-2 permits. The holder 1,456
of a D-5j permit may exercise the same privileges, and shall 1,458
observe the same hours of operation, as the holder of a D-5
permit. 1,459
(2) The D-5j permit shall be issued only within a 1,461
community entertainment district that is designated under section 1,462
4301.80 of the Revised Code and that is located in a municipal 1,464
corporation with a population of at least one hundred thousand. 1,465
(3) The location of a D-5j permit may be transferred only 1,468
within the geographic boundaries of the community entertainment 1,469
district in which it was issued and shall not be transferred 1,470
outside the geographic boundaries of that district. 1,471
(4) Not more than one D-5j permit shall be issued within 1,473
each community entertainment district for each five acres of land 1,474
located within the district. Not more than fifteen D-5j permits 1,476
may be issued within a single community entertainment district. 1,477
Except as otherwise provided in division (J)(4) of this section, 1,478
no quota restrictions shall be placed upon the number of D-5j 1,480
permits that may be issued.
(5) The fee for a D-5j permit is one thousand eight 1,483
31
hundred seventy-five dollars.
Sec. 4303.182. (A) Except as otherwise provided in 1,493
DIVISIONS (B) TO (F) OF this section, permit D-6 shall be issued 1,494
to the holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, 1,495
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or 1,496
D-7 permit to allow sale under such THAT permit between the hours 1,498
of TEN a.m. AND MIDNIGHT, OR BETWEEN THE HOURS OF one p.m. and 1,501
midnight, on Sunday, AS APPLICABLE, if such THAT sale has been 1,502
authorized under section 4301.361, 4301.364, 4301.365, OR 1,504
4301.366 of the Revised Code and under the restrictions of such 1,506
THAT authorization. Permit
(B) PERMIT D-6 shall be issued to the holder of any 1,510
permit, including a D-4a and D-5d permit, authorizing the sale of 1,511
intoxicating liquor issued for a premises located at any publicly 1,512
owned airport, as defined in section 4563.01 of the Revised Code, 1,513
at which commercial airline companies operate regularly scheduled 1,514
flights on which space is available to the public, to allow sale 1,515
under such permit between the hours of one p.m. TEN a.m. and 1,516
midnight on Sunday, whether or not such sale has been authorized 1,518
under section 4301.361, 4301.364, 4301.365, OR 4301.366 of the 1,520
Revised Code. Permit 1,521
(C) PERMIT D-6 shall be issued to the holder of a D-5a 1,523
permit, and to the holder of a D-3 or D-3a permit who is the 1,525
owner or operator of a hotel or motel THAT IS required to be 1,526
licensed under section 3731.03 of the Revised Code containing, 1,527
THAT CONTAINS at least fifty rooms for registered transient 1,529
guests, and which THAT has on its premises a restaurant licensed 1,531
pursuant to section 3717.43 of the Revised Code affiliated with 1,532
the hotel or motel and within or contiguous to the hotel or motel 1,533
and serving food within the hotel or motel, to allow sale under 1,534
such permit between the hours of one p.m. TEN a.m. and midnight 1,535
on Sunday, whether or not such THAT sale has been authorized 1,537
under section 4301.361, 4301.364, 4301.365, OR 4301.366 of the 1,538
Revised Code. 1,539
32
(D) PERMIT D-6 SHALL BE ISSUED TO THE HOLDER OF ANY PERMIT 1,543
THAT AUTHORIZES THE SALE OF BEER OR INTOXICATING LIQUOR AND THAT 1,544
IS ISSUED TO A GOLF COURSE OWNED BY THE STATE, A CONSERVANCY 1,545
DISTRICT, A PARK DISTRICT CREATED UNDER CHAPTER 1545. OF THE 1,546
REVISED CODE, OR ANOTHER POLITICAL SUBDIVISION TO ALLOW SALE 1,548
UNDER THAT PERMIT BETWEEN THE HOURS OF TEN a.m. AND MIDNIGHT ON 1,549
SUNDAY, WHETHER OR NOT THAT SALE HAS BEEN AUTHORIZED UNDER 1,550
SECTION 4301.361, 4301.364, 4301.365, OR 4301.366 OF THE REVISED 1,551
CODE.
(E) PERMIT D-6 SHALL BE ISSUED TO THE HOLDER OF ANY PERMIT 1,554
THAT AUTHORIZES THE SALE OF BEER OR INTOXICATING LIQUOR AND THAT
IS ISSUED TO A PREMISES LOCATED IN OR AT THE OHIO HISTORICAL 1,555
SOCIETY AREA OR THE STATE FAIRGROUNDS, AS DEFINED IN DIVISION (B) 1,557
OF SECTION 4301.40 OF THE REVISED CODE, TO ALLOW SALE UNDER THAT 1,558
PERMIT BETWEEN THE HOURS OF TEN a.m. AND MIDNIGHT ON SUNDAY 1,559
WHETHER OR NOT THAT SALE HAS BEEN AUTHORIZED UNDER SECTION 1,560
4301.361, 4301.364, 4301.365, OR 4301.366 OF THE REVISED CODE. 1,561
(F) PERMIT D-6 SHALL BE ISSUED TO THE HOLDER OF ANY PERMIT 1,565
THAT AUTHORIZES THE SALE OF INTOXICATING LIQUOR AND THAT IS 1,566
ISSUED TO AN OUTDOOR PERFORMING ARTS CENTER TO ALLOW SALE UNDER
THAT PERMIT BETWEEN THE HOURS OF ONE p.m. AND MIDNIGHT ON SUNDAY, 1,568
WHETHER OR NOT THAT SALE HAS BEEN AUTHORIZED UNDER SECTION 1,569
4301.361 OF THE REVISED CODE. A D-6 PERMIT ISSUED UNDER THIS 1,570
DIVISION IS SUBJECT TO THE RESULTS OF AN ELECTION, HELD AFTER THE 1,572
D-6 PERMIT IS ISSUED, ON QUESTION (B)(4) AS SET FORTH IN SECTION 1,573
4301.351 OF THE REVISED CODE. 1,574
AS USED IN THIS DIVISION, "OUTDOOR PERFORMING ARTS CENTER" 1,576
MEANS AN OUTDOOR PERFORMING ARTS CENTER THAT IS LOCATED ON NOT 1,577
LESS THAN EIGHT HUNDRED ACRES OF LAND AND THAT IS OPEN FOR 1,578
PERFORMANCES FROM THE FIRST DAY OF APRIL TO THE LAST DAY OF 1,579
OCTOBER OF EACH YEAR. 1,580
(G) If the restriction to licensed premises where the sale 1,584
of food and other goods and services exceeds fifty per cent of 1,585
the total gross receipts of the permit holder at the premises is 1,586
33
applicable, the division of liquor control may accept an 1,587
affidavit from the permit holder to show the proportion of the 1,588
permit holder's gross receipts derived from the sale of food and 1,589
other goods and services. If the liquor control commission 1,590
determines such THAT affidavit to have been false, it shall 1,591
revoke the permits of the permit holder at the premises 1,592
concerned. 1,593
(H) The fee for the D-6 permit is two hundred fifty 1,596
dollars when it is issued to the holder of an A-1-A, A-2, D-2, 1,597
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, 1,598
D-5g, D-5h, D-5i, D-5j, or D-7 permit. The fee for the D-6 1,600
permit is two hundred dollars when it is issued to the holder of 1,601
a C-2 permit.
Sec. 4303.184. (A) PERMIT D-8 MAY BE ISSUED TO THE HOLDER 1,604
OF A C-1, C-2, OR C-2x PERMIT ISSUED TO A RETAIL STORE THAT HAS 1,605
EITHER OF THE FOLLOWING CHARACTERISTICS: 1,606
(1) THE STORE HAS AT LEAST FIVE THOUSAND FIVE HUNDRED 1,608
SQUARE FEET OF FLOOR AREA, AND IT GENERATES MORE THAN SIXTY PER 1,609
CENT OF ITS SALES IN GENERAL MERCHANDISE ITEMS AND FOOD FOR 1,610
CONSUMPTION OFF THE PREMISES WHERE SOLD.
(2) WINE CONSTITUTES AT LEAST SIXTY PER CENT OF THE VALUE 1,612
OF THE STORE'S INVENTORY. 1,613
(B) THE HOLDER OF A D-8 PERMIT MAY SELL TASTING SAMPLES OF 1,616
BEER, WINE, AND MIXED BEVERAGES, BUT NOT SPIRITUOUS LIQUOR, AT
RETAIL, FOR CONSUMPTION ON THE PREMISES WHERE SOLD IN AN AMOUNT 1,617
NOT TO EXCEED TWO OUNCES OR ANOTHER AMOUNT DESIGNATED BY RULE OF 1,618
THE LIQUOR CONTROL COMMISSION. A TASTING SAMPLE SHALL NOT BE 1,619
SOLD FOR GENERAL CONSUMPTION. NO D-8 PERMIT HOLDER SHALL ALLOW 1,620
ANY AUTHORIZED PURCHASER TO CONSUME MORE THAN FOUR TASTING 1,621
SAMPLES OF BEER, WINE, OR MIXED BEVERAGES, OR ANY COMBINATION OF
BEER, WINE, OR MIXED BEVERAGES, PER DAY. 1,622
(C) THE PRIVILEGES AUTHORIZED UNDER A D-8 PERMIT MAY ONLY 1,625
BE EXERCISED IN CONJUNCTION WITH AND DURING THE HOURS OF
OPERATION AUTHORIZED BY A C-1, C-2, C-2x OR D-6 PERMIT. 1,627
34
(D) A D-8 PERMIT SHALL NOT BE TRANSFERRED TO ANOTHER 1,629
LOCATION. 1,630
(E) THE FEE FOR THE D-8 PERMIT IS TWO HUNDRED FIFTY 1,633
DOLLARS.
(F) THE HOLDER OF A D-8 PERMIT SHALL CAUSE AN INDEPENDENT 1,636
AUDIT TO BE PERFORMED AT THE END OF THE FIRST FULL YEAR OF
OPERATION FOLLOWING ISSUANCE OF THE PERMIT, AND AT THE END OF 1,637
EACH SECOND YEAR THEREAFTER, IN ORDER TO VERIFY THAT THE PERMIT 1,638
HOLDER SATISFIES THE APPLICABLE REQUIREMENT OF DIVISION (A)(1) OR 1,639
(2) OF THIS SECTION. THE PERMIT HOLDER SHALL TRANSMIT THE 1,640
RESULTS OF THE INDEPENDENT AUDIT TO THE DIVISION OF LIQUOR 1,641
CONTROL. IF THE RESULTS OF THE AUDIT INDICATE NONCOMPLIANCE WITH 1,643
DIVISION (A) OF THIS SECTION, THE DIVISION SHALL NOT RENEW THE 1,644
D-8 PERMIT OF THE PERMIT HOLDER.
Section 2. That existing sections 4301.333, 4301.351, 1,646
4301.354, 4301.355, 4301.361, 4301.364, 4301.365, 4301.37, 1,647
4301.40, 4301.402, 4301.62, 4303.181, and 4303.182 of the Revised 1,649
Code are hereby repealed.
Section 3. Sections 4303.181 and 4303.182 of the Revised 1,651
Code are presented in this act as composites of those sections as 1,653
amended by both Sub. H.B. 223 and Am. Sub. H.B. 283 of the 123rd 1,655
General Assembly, with the new language of neither of the acts 1,656
shown in capital letters. This is in recognition of the 1,657
principle stated in division (B) of section 1.52 of the Revised 1,658
Code that such amendments are to be harmonized where not 1,659
substantively irreconcilable and constitutes a legislative 1,660
finding that such are the resulting versions of those sections in 1,661
effect prior to the effective date of this act.