| Sec. 4301.17. (A)(1) Subject to local option as provided in | 25 |
|
sections 4301.32 to 4301.40 of the Revised Code, five state
liquor | 26 |
|
stores or agencies may be established in each county. One | 27 |
additional store may be established in any county for each
thirty | 28 |
| twenty-five
thousand of population of
that county or major | 29 |
|
fraction
thereof
in
excess of the first forty thousand, according | 30 |
|
to the
last
preceding federal
decennial census
or according to the | 31 |
|
population estimates certified by the department of development | 32 |
|
between decennial censuses. A person engaged in a mercantile | 33 |
|
business may act as the agent for the division of
liquor
control | 34 |
|
for the sale of spirituous liquor in a municipal
corporation, in | 35 |
the unincorporated area
of a township
of not less than two | 36 |
thousand population, or in
an area designated and approved as a | 37 |
resort area under section
4303.262 of the Revised Code, provided | 38 |
that not more than one
agency contract shall be awarded in the | 39 |
unincorporated area of a
county for each fifty thousand population | 40 |
of the county. The
division shall
fix
the compensation for such | 41 |
|
an agent
in
the
manner
it
considers best, but
the compensation | 42 |
|
shall not
exceed
seven per cent of the gross
sales made by
the | 43 |
|
agent in any
one
year. | 44 |
|
(3) Except as otherwise provided in this section, no | 50 |
|
mercantile
business
that sells beer or intoxicating
liquor for | 51 |
|
consumption on
the premises under a permit issued by
the division | 52 |
shall operate
an agency store at
the premises
or
at any adjacent | 53 |
premises.
An
agency to which a D-1 permit has been
issued may | 54 |
|
offer for sale
tasting samples of beer, an agency
to which a
D-2 | 55 |
|
permit has been
issued may offer for sale tasting samples of wine | 56 |
|
and mixed
beverages, and an agency to which a D-5 permit
has been | 57 |
|
issued may
offer for sale tasting samples of beer, wine, and mixed | 58 |
|
beverages,
but not spirituous liquor. A tasting sample shall not | 59 |
|
be sold
for
the purpose of
general consumption. As used in this | 60 |
|
section,
"tasting sample" means a small
amount of beer, wine, or | 61 |
|
mixed
beverages that is provided in not more than
four servings of | 62 |
|
not
more than two ounces each to an authorized purchaser and
that | 63 |
|
allows the purchaser to determine, by tasting only, the quality | 64 |
|
and
character of the beverage. | 65 |
| (B) When an agency contract is proposed or when an existing | 66 |
|
agency
contract is assigned, before entering into any
contract or | 67 |
|
consenting to any assignment, the division shall
notify the | 68 |
|
legislative authority of the municipal corporation
in
which the | 69 |
|
agency store is to be located, or the
board
of county | 70 |
|
commissioners and the board of township trustees
of the
county and | 71 |
|
the township in which the agency store is to be
located
if the | 72 |
|
agency store is to be located outside the
corporate limits
of a | 73 |
|
municipal corporation, of the proposed
contract
or assignment, and | 74 |
|
an
opportunity shall be provided officials or
employees of the | 75 |
|
municipal corporation or county and township for
a complete | 76 |
|
hearing upon the advisability of entering into the
contract
or | 77 |
|
consenting to the assignment. When the division sends notice
to | 78 |
|
the
legislative
authority of the political subdivision, the | 79 |
departmentdivision shall
notify, by certified mail or by personal | 80 |
|
service,
the chief peace
officer of the political subdivision,
who | 81 |
|
may
appear and testify,
either in person or through a | 82 |
|
representative,
at any hearing held
on the advisability of | 83 |
|
entering into the
contract
or consenting to the assignment. | 84 |
| If
the proposed agency store
would
be located within five | 85 |
|
hundred
feet of a school, church,
library,
public playground, or | 86 |
|
township
park, the division shall
not enter
into an agency | 87 |
|
contract
until it has provided notice of
the
proposed contract to | 88 |
|
the
authorities in control of the school,
church, library, public | 89 |
|
playground, or township park and has
provided
those authorities | 90 |
|
with
an opportunity for
a complete hearing
upon the advisability | 91 |
|
of
entering into the
contract. If an agency
store so located is | 92 |
|
operating under an
agency contract,
the
division may consent to | 93 |
|
the assignment of
that
contract to operate
an agency store at the | 94 |
|
same location,
but the division
shall not consent to an | 95 |
|
assignment
until it has notified the
authorities in control of the | 96 |
|
school,
church, library, public
playground, or township park and | 97 |
|
has
provided
those authorities with
an opportunity for
a complete | 98 |
|
hearing upon the advisability of
consenting to the
assignment. | 99 |
| Any hearing
provided for in this division shall be held in | 100 |
|
the
central office of the division,
except that upon
written | 101 |
|
request of the legislative authority of the municipal
corporation, | 102 |
the board of county commissioners,
orthe board of
township | 103 |
|
trustees,
or the authorities in control of the school, church, | 104 |
|
library, public playground, or township park,
the hearing shall be | 105 |
|
held in the county seat
of the county where
the proposed agency | 106 |
|
store is to be located. | 107 |
| (C) All agency contracts entered into by the division | 108 |
|
pursuant to this section shall be in writing and shall contain a | 109 |
|
clause providing for the termination of the contract at will by | 110 |
|
the division upon its giving ninety days' notice in writing to
| 111 |
|
the agent of its intention to do so. Any agency contract may | 112 |
|
include a clause requiring the agent to report to the appropriate | 113 |
|
law enforcement agency the name and address of any individual | 114 |
|
under twenty-one years of age who attempts to make an illegal | 115 |
|
purchase. | 116 |
| The division shall issue a C-1 and C-2 permit to each
agent | 120 |
|
who prior to
November 1, 1994, had not been issued both of these | 121 |
|
permits,
notwithstanding the population quota restrictions | 122 |
|
contained in section 4303.29
of the Revised Code or in any rule of | 123 |
|
the liquor control commission and
notwithstanding the requirements | 124 |
|
of section 4303.31 of the Revised Code. The
location of a C-1 or | 125 |
|
C-2 permit issued to such an agent shall not be
transferred. The | 126 |
|
division shall revoke any C-1 or C-2
permit issued to
an agent | 127 |
|
under this paragraph if the agent no longer operates an agency | 128 |
|
store. | 129 |
No person shall operate, or
have any interest, directly or | 130 |
indirectly, in more than
eight state
agencies in any one
county | 131 |
or
more than
sixteen state agencies in
the state for
the sale of | 132 |
spirituous liquor. For purposes of
this section, a
person has an | 133 |
interest in a state agency if the
person is a
partner, member, | 134 |
officer, or director of, or a
shareholder owning
ten per cent or | 135 |
more of the capital stock of,
any legal entity
with which the | 136 |
department has entered into an
agency contract. | 137 |
| (D) If the division closes a state liquor store and replaces | 143 |
|
that store with
an agency store, any employees of the division | 144 |
|
employed at that state liquor
store who lose their jobs at that | 145 |
|
store as a result shall be given
preference by the agent who | 146 |
|
operates the agency store in filling any vacancies that occur | 147 |
|
among the agent's employees, if
that preference does not
conflict | 148 |
|
with the agent's obligations pursuant to a collective
bargaining | 149 |
|
agreement. | 150 |
| If the division closes a state liquor store and replaces the | 151 |
|
store with an
agency store, any employees of the division employed | 152 |
|
at the state liquor store
who lose their jobs at that store as a | 153 |
|
result may displace other
employees as provided in sections | 154 |
|
124.321 to 124.328 of the Revised Code. If
an employee cannot | 155 |
|
displace other employees and is laid off, the employee
shall be | 156 |
|
reinstated in another job as provided in sections 124.321 to | 157 |
|
124.328
of the Revised Code, except that the employee's rights of | 158 |
|
reinstatement in a
job at a state liquor store shall continue for | 159 |
|
a period of two years after the
date of the employee's layoff and | 160 |
|
shall apply to jobs at state liquor stores
located in the | 161 |
|
employee's layoff jurisdiction and any layoff jurisdiction | 162 |
|
adjacent to the employee's layoff jurisdiction. | 163 |
| Sec. 4303.181. (A) Permit D-5a
may be issued either to the | 168 |
|
owner or operator of a hotel or motel that
is
required to be | 169 |
|
licensed under section 3731.03 of the Revised Code, that contains | 170 |
|
at least fifty rooms for
registered transient
guests,
and that | 171 |
|
qualifies under the other requirements of this
section,
or to the | 172 |
|
owner or operator of a restaurant specified under this
section, to | 173 |
|
sell beer and any intoxicating liquor at retail, only
by the | 174 |
|
individual drink in glass and from the container, for
consumption | 175 |
|
on the premises where sold, and to registered guests
in their | 176 |
|
rooms, which may be sold by means of a controlled access
alcohol | 177 |
|
and beverage cabinet in accordance with division (B) of
section | 178 |
|
4301.21 of the Revised Code; and to sell the same
products in the | 179 |
|
same manner and amounts not for consumption on
the premises as may | 180 |
|
be sold by holders of D-1 and D-2 permits.
The premises of the | 181 |
|
hotel or motel shall include a
retail food
establishment or a | 182 |
|
food service operation
licensed
pursuant to
Chapter 3717. of the | 183 |
|
Revised Code
that operates
as a restaurant for purposes of this | 184 |
|
chapter and that
is
affiliated with the hotel or motel and within | 185 |
|
or contiguous to
the
hotel or motel, and that serves food within | 186 |
|
the
hotel or motel,
but
the principal business of the owner or | 187 |
|
operator of the hotel
or
motel shall be the accommodation of | 188 |
|
transient guests. In
addition to the privileges authorized in | 189 |
|
this division,
the holder
of a
D-5a permit may exercise the same | 190 |
|
privileges as the holder of
a
D-5 permit. | 191 |
| The owner or operator of a hotel, motel, or restaurant who | 192 |
|
qualified for and
held a D-5a permit on
August 4, 1976, may, if | 193 |
|
the owner or operator held another
permit before holding a D-5a | 194 |
|
permit, either retain a D-5a permit or apply for
the permit | 195 |
|
formerly held, and the division of liquor
control shall issue the | 196 |
|
permit for which the owner or operator
applies and formerly held, | 197 |
|
notwithstanding any quota. | 198 |
| (B) Permit D-5b may be issued to
the owner, operator, | 204 |
|
tenant, lessee, or occupant of an enclosed
shopping center to sell | 205 |
|
beer and intoxicating liquor at retail,
only by the individual | 206 |
|
drink in glass and from the container, for
consumption on the | 207 |
|
premises where sold; and to sell the same
products in the same | 208 |
|
manner and amount not for consumption on the
premises as may be | 209 |
|
sold by holders of D-1 and D-2 permits. In
addition to the | 210 |
|
privileges authorized in this division,
the holder
of a D-5b | 211 |
|
permit may exercise the same privileges as a holder of
a D-5 | 212 |
|
permit. | 213 |
| Two D-5b permits may be issued at
an enclosed shopping center | 218 |
|
containing at least four hundred
thousand square feet of floor | 219 |
|
area. No more than one D-5b permit
may be issued at an enclosed | 220 |
|
shopping center for each additional
two hundred thousand square | 221 |
|
feet of floor area or fraction
of that floor area, up to a | 222 |
|
maximum of five D-5b permits
for each enclosed
shopping center. | 223 |
|
The number of D-5b permits that may be issued
at an enclosed | 224 |
|
shopping center shall be determined by subtracting
the number of | 225 |
|
D-3 and D-5 permits issued in the enclosed shopping
center from | 226 |
|
the number of D-5b permits that otherwise may be
issued at the | 227 |
|
enclosed shopping center under the formulas
provided in this | 228 |
|
division. Except as provided in this section,
no quota shall be | 229 |
|
placed on the number of D-5b permits that may
be issued. | 230 |
|
Notwithstanding any quota provided in this section,
the holder of | 231 |
|
any D-5b permit first issued in accordance with
this section is | 232 |
|
entitled to its renewal in accordance with
section 4303.271 of the | 233 |
|
Revised Code. | 234 |
| The holder of a D-5b permit
issued before April 4, 1984, | 235 |
|
whose tenancy is terminated for a
cause other than nonpayment of | 236 |
|
rent, may return the D-5b
permit
to the division of liquor | 237 |
|
control, and the
division shall
cancel that permit. Upon | 238 |
|
cancellation of that permit and upon
the permit holder's payment | 239 |
|
of taxes, contributions, premiums,
assessments, and other debts | 240 |
|
owing or accrued upon the date of
cancellation to this state and | 241 |
|
its political subdivisions and a
filing with the division of a | 242 |
|
certification
of that payment, the division shall issue to that | 243 |
|
person
either a D-5
permit, or a D-1, a D-2, and a D-3 permit, as | 244 |
|
that person
requests. The division shall issue the D-5 permit,
or | 245 |
|
the D-1,
D-2, and D-3 permits, even if the number of D-1, D-2, | 246 |
|
D-3, or D-5
permits currently issued in the municipal corporation | 247 |
|
or in the
unincorporated area of the township where that person's | 248 |
|
proposed
premises is located equals or exceeds the maximum number | 249 |
|
of such
permits that can be issued in that municipal corporation | 250 |
|
or in
the unincorporated area of that township under the | 251 |
|
population
quota restrictions contained in section 4303.29 of the | 252 |
|
Revised
Code. Any D-1, D-2, D-3, or D-5 permit so issued shall | 253 |
|
not
be transferred to another location. If a D-5b permit is | 254 |
|
canceled
under the provisions of this paragraph, the number of | 255 |
|
D-5b
permits that may be issued at the enclosed shopping center | 256 |
|
for
which the D-5b permit was issued, under the formula provided | 257 |
|
in
this division, shall be reduced by one if the enclosed shopping | 258 |
|
center was entitled to more than one D-5b permit under the | 259 |
|
formula. | 260 |
| (C) Permit D-5c may be issued
to the owner or
operator of a
| 263 |
|
retail food establishment or a
food service operation licensed | 264 |
|
pursuant
to
Chapter 3717. of the Revised Code
that operates as a | 265 |
|
restaurant
for purposes of this chapter
and that
qualifies under | 266 |
|
the other
requirements of this section to sell beer and any | 267 |
|
intoxicating
liquor at retail, only by the individual drink in | 268 |
|
glass and from
the container, for consumption on the premises | 269 |
|
where sold, and to
sell the same products in the same manner and | 270 |
|
amounts not for
consumption on the premises as may be sold by | 271 |
|
holders of D-1 and
D-2 permits. In addition to the privileges | 272 |
|
authorized in this
division, the holder of a D-5c permit
may | 273 |
|
exercise the
same
privileges as the holder of a D-5 permit. | 274 |
| To qualify for a D-5c permit, the
owner or operator of a
| 275 |
|
retail food establishment or a food service
operation licensed | 276 |
|
pursuant to
Chapter 3717. of
the
Revised Code
that operates as a | 277 |
|
restaurant for purposes of
this chapter, shall have operated the | 278 |
|
restaurant at
the proposed
premises for not less than twenty-four | 279 |
|
consecutive
months
immediately preceding the filing of the | 280 |
|
application
for the
permit, have applied for a D-5 permit no later | 281 |
|
than
December 31,
1988, and appear on the division's quota waiting | 282 |
|
list for not
less
than six months
immediately preceding the filing | 283 |
|
of the
application for the
permit. In
addition to these | 284 |
|
requirements,
the proposed D-5c permit premises
shall be located | 285 |
|
within a
municipal corporation and further
within
an election | 286 |
|
precinct
that, at the time of the
application, has
no more than | 287 |
|
twenty-five per cent of its total land area zoned
for residential | 288 |
|
use. | 289 |
| (D) Permit D-5d may be issued to
the owner or
operator of a
| 300 |
|
retail food establishment or a
food service operation licensed | 301 |
|
pursuant to
Chapter 3717. of the Revised Code
that operates as a | 302 |
|
restaurant
for purposes of this chapter and
that is located at an | 303 |
|
airport
operated by
a board of county commissioners pursuant to | 304 |
|
section
307.20 of the
Revised Code, at an airport operated by a | 305 |
|
port authority pursuant to Chapter 4582. of the Revised Code, or | 306 |
|
at an airport operated by a
regional
airport
authority pursuant to | 307 |
Chapter 308. of the
Revised
Code.
Not more
than one D-5d permit | 308 |
shall be issued in
each
county. The
holder
of a D-5d permit may | 309 |
|
sell beer and any
intoxicating liquor
at
retail, only by the | 310 |
|
individual drink in
glass and from the
container, for consumption | 311 |
|
on the premises
where sold, and may
sell the same products in the | 312 |
|
same manner and
amounts not for
consumption on the premises where | 313 |
|
sold as may be
sold by the
holders of D-1 and D-2 permits. In | 314 |
|
addition to the
privileges
authorized in this division, the holder | 315 |
|
of a D-5d
permit may
exercise the same privileges as the holder of | 316 |
|
a D-5
permit. | 317 |
| (E) Permit D-5e may be issued to
any nonprofit organization | 324 |
|
that is exempt from federal income
taxation under the
"Internal | 325 |
|
Revenue Code of 1986,"
100 Stat.
2085, 26 U.S.C.A. 501(c)(3), as | 326 |
|
amended, or that is a charitable
organization under any chapter of | 327 |
|
the Revised Code, and that owns
or operates a riverboat that | 328 |
|
meets all of the following: | 329 |
| A D-5e permit shall not be
transferred to another location. | 339 |
|
No quota restriction shall be
placed on the number of such permits | 340 |
|
that may be issued.
The
population quota restrictions contained | 341 |
|
in section 4303.29 of the
Revised Code or in any rule of the | 342 |
|
liquor control commission
shall not apply to this division, and | 343 |
|
the division
shall issue a
D-5e permit to any applicant who meets | 344 |
|
the requirements of this
division. However, the division shall | 345 |
|
not issue a
D-5e permit
if the permit premises or proposed permit | 346 |
|
premises are located
within an area in which the sale of | 347 |
|
spirituous liquor by the
glass is prohibited. | 348 |
| (G) Permit D-5g may be issued to
a nonprofit corporation | 384 |
|
that is either the owner or the operator
of a national | 385 |
|
professional sports museum. The holder of a D-5g
permit may sell | 386 |
|
beer and any intoxicating liquor at retail, only
by the individual | 387 |
|
drink in glass and from the container, for
consumption on the | 388 |
|
premises where sold. The holder of a D-5g
permit shall sell no | 389 |
|
beer or intoxicating liquor for consumption
on the premises where | 390 |
|
sold after one a.m. A D-5g permit shall
not be transferred to | 391 |
|
another location. No quota restrictions
shall be placed on the | 392 |
|
number of D-5g permits that may be issued. The fee for
this | 393 |
|
permit is one thousand five hundred dollars. | 394 |
| (H) Permit D-5h may be issued to any nonprofit
organization | 395 |
|
that is exempt from federal income taxation under
the
"Internal | 396 |
|
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as | 397 |
|
amended, that owns or operates a fine arts museum
and has no less | 398 |
|
than five thousand bona fide members possessing
full membership | 399 |
|
privileges. The holder of a D-5h permit may sell
beer and any | 400 |
|
intoxicating liquor at retail, only by the
individual drink in | 401 |
|
glass and from the container, for consumption
on the premises | 402 |
|
where sold. The holder of a D-5h permit shall
sell no beer or | 403 |
|
intoxicating liquor for consumption on the
premises where sold | 404 |
|
after one a.m. A D-5h permit shall not be
transferred to another | 405 |
|
location. No quota restrictions shall be
placed on the number of | 406 |
|
D-5h permits that may be issued. The fee
for this permit is one | 407 |
|
thousand five hundred dollars. | 408 |
| The holder of a D-5i permit shall cause an independent
audit | 425 |
|
to be performed at the end of one full year of operation
following | 426 |
|
issuance of the permit in order to verify the
requirements of | 427 |
|
division (I)(5) of this section. The results of
the independent | 428 |
|
audit shall be transmitted to the
division. Upon determining that | 429 |
|
the receipts of the holder from beer
and liquor sales exceeded | 430 |
|
twenty-five per cent of its total gross
receipts, the division | 431 |
|
shall suspend the permit of
the permit
holder under section | 432 |
|
4301.25 of the Revised Code and may allow
the permit holder to | 433 |
|
elect a forfeiture under section 4301.252 of
the Revised Code. | 434 |
| The holder of a D-5i permit may sell beer and any | 435 |
|
intoxicating liquor at retail, only by the individual drink in | 436 |
|
glass and from the container, for consumption on the premises | 437 |
|
where sold, and may sell the same products in the same manner and | 438 |
|
amounts not for consumption on the premises where sold as may be | 439 |
|
sold by the holders of D-1 and D-2 permits. The holder of a D-5i | 440 |
|
permit shall sell no beer or intoxicating liquor for consumption | 441 |
|
on the premises where sold after two-thirty a.m. In addition to | 442 |
|
the
privileges authorized in this division, the holder
of a D-5i | 443 |
|
permit may exercise the same privileges as the holder
of a D-5 | 444 |
|
permit. | 445 |
| (J)(1) Permit D-5j may be issued to
the owner or the | 453 |
|
operator of a
retail food establishment or a
food service | 454 |
|
operation
licensed under
Chapter 3717.
of
the
Revised Code to | 455 |
|
sell beer and intoxicating
liquor
at retail,
only by the | 456 |
|
individual drink in glass and from
the container, for
consumption | 457 |
|
on the premises where sold
and to
sell beer and
intoxicating | 458 |
|
liquor in the same manner and amounts
not
for
consumption on the | 459 |
|
premises where
sold as may be sold by
the
holders of D-1 and D-2 | 460 |
|
permits.
The holder of a D-5j permit
may
exercise the same | 461 |
|
privileges, and
shall observe the same hours
of
operation, as the | 462 |
|
holder of a D-5
permit. | 463 |