REPRESENTATIVES Trakas, DePiero, Evans, Husted, Schmidt, Setzer, Sullivan, Sykes

To amend sections 1333.82, 1502.07, 3719.44, 4301.01,

1

4301.03, 4301.041, 4301.042, 4301.24, 4301.241,

2

4301.333, 4301.355, 4301.365, 4301.37, 4301.402,

3

4301.42, 4301.47, 4301.54, 4301.55, 4301.62,

4

4303.01, 4303.02, 4303.06, 4303.07, 4303.10,

5

4303.181, 4303.182, 4303.22, 4303.29, 4303.30,

6

4303.332, 4303.35, 4305.01, 4305.03, 4305.04,

7

4399.09, 4399.12, 4399.15, 5733.065, and 5739.02 of

8

the Revised Code to change the definition of beer

9

to explicitly include ale, porter, stout, sake, and

10

other fermented beverages brewed or produced from

11

malt or malt substitutes; to exempt the sale of

12

beer and intoxicating liquor at publicly owned golf

13

courses from the effects of local option elections

14

and to allow Sunday liquor sales at these golf

15

courses whether or not those sales have been

16

approved at local option elections; to forbid an

17

employee or a member of the immediate family of a

18

wholesale distributor from having any financial

19

interest in any retail dealer; to create the D-5k

20

permit to be issued to certain nonprofit

21

organizations that own or operate a botanical

22

garden; to make changes in the Open Container Law

23

and the law governing local option elections on

24

beer and liquor sales at a specific premises; and

25

to make other changes in the Liquor Control Law.

26

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

Section 1.  That sections 1333.82, 1502.07, 3719.44, 4301.01,	27
4301.03, 4301.041, 4301.042, 4301.24, 4301.241, 4301.333,	28
4301.355, 4301.365, 4301.37, 4301.402, 4301.42, 4301.47, 4301.54,	29
4301.55, 4301.62, 4303.01, 4303.02, 4303.06, 4303.07, 4303.10,	30
4303.181, 4303.182, 4303.22, 4303.29, 4303.30, 4303.332, 4303.35,	31
4305.01, 4305.03, 4305.04, 4399.09, 4399.12, 4399.15, 5733.065,	32
and 5739.02 of the Revised Code be amended to read as follows:	33

Sec. 1333.82.  As used in sections 1333.82 to 1333.87 of the	34
Revised Code:	35

(A) "Alcoholic beverages" means beer, malt beverages, and	36
wine as defined in section 4301.01 of the Revised Code.	37

(B) "Manufacturer" means a person, whether located in this	38
state or elsewhere, who manufactures or supplies alcoholic	39
beverages to distributors in this state.	40

(C) "Distributor" means a person who sells or distributes	41
alcoholic beverages to retail permit holders in the state, but	42
does not include the state or any of its political subdivisions.	43

(D) "Franchise" means a contract or any other legal device	44
used to establish a contractual relationship between a	45
manufacturer and a distributor.	46

(E) "Good faith" means the duty of any party to any	47
franchise, and all officers, employees, or agents of any party to	48
any franchise, to act in a fair and equitable manner toward each	49
other so as to guarantee each party freedom from coercion or	50
intimidation; except that recommendation, endorsement, exposition,	51
persuasion, urging, or argument shall not be considered to	52
constitute a lack of good faith or coercion.	53

(F) "Brand," as applied to wine, means a wine different from	54
any other wine in respect to type, brand, trade name, or container	55
size.	56

(G) "Sales area or territory" means an exclusive geographic	57
area or territory that is assigned to a particular A or B permit	58
holder and that either has one or more political subdivisions as	59
its boundaries or consists of an area of land with readily	60
identifiable geographic boundaries. "Sales area or territory" does	61
not include, however, any particular retail location in an	62
exclusive geographic area or territory that is assigned to another	63
A or B permit holder.	64

Sec. 1502.07.  No person, agency of the state, municipal	66
corporation, county, or township shall sell or offer for sale any	67
beer, malt beverage, or mixed beverages as defined in section	68
4301.01 of the Revised Code, or any soft drink as defined in	69
section 913.22 of the Revised Code, in a metal container that is	70
so designed that it may be opened by removing from the container a	71
part thereofof the container without using a separate opener.	72
However, nothing in this section prohibits the sale or offering	73
for sale of a container the only detachable part of which is a	74
piece of tape or other similar adhesive material.	75

Sec. 3719.44.  (A) Pursuant to this section, and by rule	76
adopted in accordance with Chapter 119. of the Revised Code, the	77
state board of pharmacy may do any of the following with respect	78
to schedules I, II, III, IV, and V established in section 3719.41	79
of the Revised Code:	80

(1) Add a previously unscheduled compound, mixture,	81
preparation, or substance to any schedule;	82

(2) Transfer a compound, mixture, preparation, or substance	83
from one schedule to another, provided the transfer does not have	84
the effect under Chapter 3719. of the Revised Codethis chapter of	85
providing less stringent control of the compound, mixture,	86
preparation, or substance than is provided under the federal drug	87
abuse control laws;	88

(3) Remove a compound, mixture, preparation, or substance	89
from the schedules where the board had previously added the	90
compound, mixture, preparation, or substance to the schedules,	91
provided that the removal shall not have the effect under Chapter	92
3719. of the Revised Codethis chapter of providing less stringent	93
control of the compound, mixture, preparation, or substance than	94
is provided under the federal drug abuse control laws.	95

(B) In making a determination to add, remove, or transfer	96
pursuant to division (A) of this section, the board shall consider	97
the following:	98

(1) The actual or relative potential for abuse;

99

(2) The scientific evidence of the pharmacological effect of	100
the substance, if known;	101

(3) The state of current scientific knowledge regarding the	102
substance;	103

(4) The history and current pattern of abuse;

104

(5) The scope, duration, and significance of abuse;

105

(6) The risk to the public health;

106

(7) The potential of the substance to produce psychic or	107
physiological dependence liability;	108

(8) Whether the substance is an immediate precursor.

109

(C) The board may add or transfer a compound, mixture,	110
preparation, or substance to schedule I when it appears that there	111
is a high potential for abuse, that it has no accepted medical use	112
in treatment in this state, or that it lacks accepted safety for	113
use in treatment under medical supervision.	114

(D) The board may add or transfer a compound, mixture,	115
preparation, or substance to schedule II when it appears that	116
there is a high potential for abuse, that it has a currently	117
accepted medical use in treatment in this state, or currently	118
accepted medical use in treatment with severe restrictions, and	119
that its abuse may lead to severe physical or severe psychological	120
dependence.	121

(E) The board may add or transfer a compound, mixture,	122
preparation, or substance to schedule III when it appears that	123
there is a potential for abuse less than the substances included	124
in schedules I and II, that it has a currently accepted medical	125
use in treatment in this state, and that its abuse may lead to	126
moderate or low physical or high psychological dependence.	127

(F) The board may add or transfer a compound, mixture,	128
preparation, or substance to schedule IV when it appears that it	129
has a low potential for abuse relative to substances included in	130
schedule III, and that it has a currently accepted medical use in	131
treatment in this state, and that its abuse may lead to limited	132
physical or psychological dependence relative to the substances	133
included in schedule III.	134

(G) The board may add or transfer a compound, mixture,	135
preparation, or substance to schedule V when it appears that it	136
has lower potential for abuse than substances included in schedule	137
IV, and that it has currently accepted medical use in treatment in	138
this state, and that its abuse may lead to limited physical or	139
psychological dependence relative to substances included in	140
schedule IV.	141

(H) Even though a compound, mixture, preparation, or	142
substance does not otherwise meet the criteria in this section for	143
adding or transferring it to a schedule, the board may	144
nevertheless add or transfer it to a schedule as an immediate	145
precursor when all of the following apply:	146

(1) It is the principal compound used, or produced primarily	147
for use, in the manufacture of a controlled substance;.	148

(2) It is an immediate chemical intermediary used or likely	149
to be used in the manufacture of such a controlled substance;.	150

(3) Its control is necessary to prevent, curtail, or limit	151
the manufacture of the scheduled compound, mixture, preparation,	152
or substance of which it is the immediate precursor.	153

(I) Authority to control under this section does not extend	154
to distilled spirits, wine, or malt beveragesbeer, as those terms	155
are defined or used in Chapter 4301. of the Revised Code.	156

(J) Authority to control under this section does not extend	157
to any nonnarcotic substance if suchthe substance may, under the	158
Federal Food, Drug, and Cosmetic Act and the laws of this state,	159
be lawfully sold over the counter without a prescription. Should	160
If a pattern of abuse developdevelops for any nonnarcotic drug	161
sold over the counter, the board may, by rule adopted in	162
accordance with Chapter 119. of the Revised Code, after a public	163
hearing and a documented study to determine that the substance	164
actually meets the criteria listed in division (B) of this	165
section, place suchthe abused substance on a controlled substance	166
schedule.	167

(K)(1) A drug product containing ephedrine that is known as	168
one of the following and is in the form specified shall not be	169
considered a schedule V controlled substance:	170

(a) Amesec capsules;

171

(b) Bronitin tablets;

172

(c) Bronkotabs;

173

(d) Bronkolixir;

174

(e) Bronkaid tablets;

175

(f) Efedron nasal jelly;

176

(g) Guiaphed elixir;

177

(h) Haysma;

178

(i) Pazo hemorrhoid ointment and suppositories;

179

(j) Primatene "M" formula tablets;

180

(k) Primatene "P" formula tablets;

181

(l) Tedrigen tablets;

182

(m) Tedral tablets, suspension and elixir;

183

(n) T.E.P.;

184

(o) Vatronol nose drops.

185

(2)(a) A product containing ephedrine shall not be	186
considered a controlled substance if the product is a food product	187
or dietary supplement that meets all of the following criteria:	188

(i) It contains, per dosage unit or serving, not more than	189
the lesser of twenty-five milligrams of ephedrine alkaloids or the	190
maximum amount of ephedrine alkaloids provided in applicable	191
regulations adopted by the United States food and drug	192
administration, and no other controlled substance.	193

(ii) It contains no hydrochloride or sulfate salts of	194
ephedrine alkaloids.	195

(iii) It is packaged with a prominent label securely affixed	196
to each package that states all of the following: the amount in	197
milligrams of ephedrine in a serving or dosage unit; the amount of	198
the food product or dietary supplement that constitutes a serving	199
or dosage unit; that the maximum recommended dosage of ephedrine	200
for a healthy adult human is the lesser of one hundred milligrams	201
in a twenty-four-hour period for not more than twelve weeks or the	202
maximum recommended dosage or period of use provided in applicable	203
regulations adopted by the United States food and drug	204
administration; and that improper use of the product may be	205
hazardous to a person's health.	206

(b)(i) Subject to division (K)(2)(b)(ii) of this section, no	207
person shall dispense, sell, or otherwise give a product described	208
in division (K)(2)(a) of this section to any individual under	209
eighteen years of age.	210

(ii) Division (K)(2)(b)(i) of this section does not apply to	211
a physician or pharmacist who dispenses, sells, or otherwise gives	212
a product described in division (K)(2)(a) of this section to an	213
individual under eighteen years of age, to a parent or guardian of	214
an individual under eighteen years of age who dispenses, sells, or	215
otherwise gives a product of that nature to the individual under	216
eighteen years of age, or to a person who, as authorized by the	217
individual's parent or legal guardian, dispenses, sells, or	218
otherwise gives a product of that nature to an individual under	219
eighteen years of age.	220

(c) No person in the course of selling, offering for sale,	221
or otherwise distributing a product described in division	222
(K)(2)(a) of this section shall advertise or represent in any	223
manner that the product causes euphoria, ecstasy, a "buzz" or	224
"high," or an altered mental state; heightens sexual performance;	225
or, because it contains ephedrine alkaloids, increased muscle	226
mass.	227

(3) A drug product that contains the isomer pseudoephedrine,	228
or any of its salts, optical isomers, or salts of optical isomers,	229
shall not be considered a controlled substance if the drug product	230
is labeled in a manner consistent with federal law or with the	231
product's over-the-counter tentative final monograph or final	232
monograph issued by the United States food and drug	233
administration.	234

(4) At the request of any person, the board may except any	235
product containing ephedrine not described in division (K)(1) or	236
(2) of this section or any class of products containing ephedrine	237
from being included as a schedule V controlled substance if it	238
determines that the product or class of products does not contain	239
any other controlled substance. The board shall make the	240
determination in accordance with this section and by rule adopted	241
in accordance with Chapter 119. of the Revised Code.	242

(L) As used in this section:

243

(1) "Food" has the same meaning as in section 3715.01 of the	244
Revised Code;.	245

(2) "Dietary supplement" has the same meaning givenas in the	246
"Federal Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21	247
U.S.C.A. 321 (ff), as amended.	248

(3) "Ephedrine alkaloids" means ephedrine, pseudoephedrine,	249
norephedrine, norpseudoephedrine, methylephedrine, and	250
methylpseudoephedrine.	251

Sec. 4301.01.  (A) As used in the Revised Code:

252

(1) "Intoxicating liquor" and "liquor" include all liquids	253
and compounds, other than beer, containing one-half of one per	254
cent or more of alcohol by volume which are fit to use for	255
beverage purposes, from whatever source and by whatever process	256
produced, by whatever name called, and whether the samethey are	257
medicated, proprietary, or patented. "Intoxicating liquor" and	258
"liquor" include wine even if it contains less than four per cent	259
of alcohol by volume, mixed beverages even if they contain less	260
than four per cent of alcohol by volume, cider, alcohol, and all	261
solids and confections which contain any alcohol.	262

(2) Except as used in sections 4301.01 to 4301.20, 4301.22	263
to 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of	264
the Revised Code, "sale" and "sell" include exchange, barter,	265
gift, offer for sale, sale, distribution and delivery of any kind,	266
and the transfer of title or possession of beer and intoxicating	267
liquor either by constructive or actual delivery by any means or	268
devices whatever, including the sale of beer or intoxicating	269
liquor by means of a controlled access alcohol and beverage	270
cabinet pursuant to section 4301.21 of the Revised Code. "Sale"	271
and "sell" do not include the mere solicitation of orders for beer	272
or intoxicating liquor from the holders of permits issued by the	273
division of liquor control authorizing the sale of the beer or	274
intoxicating liquor, but no solicitor shall solicit any such	275
orders until the solicitor has been registered with the division	276
pursuant to section 4303.25 of the Revised Code.	277

(3) "Vehicle" includes all means of transportation by land,	278
by water, or by air, and everything made use of in any way for	279
such transportation.	280

(B) As used in sections 4301.01 to 4301.74 of the Revised	281
Codethis chapter:	282

(1) "Alcohol" means ethyl alcohol, whether rectified or	283
diluted with water or not, whatever its origin may be, and	284
includes synthetic ethyl alcohol. "Alcohol" does not include	285
denatured alcohol and wood alcohol.	286

(2) "Beer," "malt liquor," or "malt beverages" includes all	287
brewed ormeans beer, ale, porter, stout, and other similar	288
fermented malt products containingbeverages, including sake or	289
similar products, of any name or description, that contain	290
one-half of one per cent or more of alcohol by volume but not more	291
than six per cent of alcohol by weightand that are brewed or	292
produced from malt, wholly or in part, or from any product used as	293
a substitute for malt.	294

(3) "Wine" includes all liquids fit to use for beverage	295
purposes containing not less than one-half of one per cent of	296
alcohol by volume and not more than twenty-one per cent of alcohol	297
by volume, which is made from the fermented juices of grapes,	298
fruits, or other agricultural products, except that as used in	299
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the	300
Revised Code, and, for purposes of determining the rate of the tax	301
that applies, division (B) of section 4301.43 of the Revised Code,	302
"wine" does not include cider.	303

(4) "Mixed beverages," such as bottled and prepared cordials,	304
cocktails, and highballs, are products obtained by mixing any type	305
of whiskey, neutral spirits, brandy, gin, or other distilled	306
spirits with, or over, carbonated or plain water, pure juices from	307
flowers and plants, and other flavoring materials. The completed	308
product shall contain not less than one-half of one per cent of	309
alcohol by volume and not more than twenty-one per cent of alcohol	310
by volume.	311

(5) "Spirituous liquor" includes all intoxicating liquors	312
containing more than twenty-one per cent of alcohol by volume.	313

(6) "Sealed container" means any container having a capacity	314
of not more than one hundred twenty-eight fluid ounces, the	315
opening of which is closed to prevent the entrance of air.	316

(7) "Person" includes firms and corporations.

317

(8) "Manufacture" includes all processes by which beer or	318
intoxicating liquor is produced, whether by distillation,	319
rectifying, fortifying, blending, fermentation, or brewing, or in	320
any other manner.	321

(9) "Manufacturer" means any person engaged in the business	322
of manufacturing beer or intoxicating liquor.	323

(10) "Wholesale distributor" and "distributor" means a person	324
engaged in the business of selling to retail dealers for purposes	325
of resale.	326

(11) "Hotel" has the same meaning as in section 3731.01 of	327
the Revised Code, subject to the exceptions mentioned in section	328
3731.03 of the Revised Code.	329

(12) "Restaurant" means a place located in a permanent	330
building provided with space and accommodations wherein, in	331
consideration of the payment of money, hot meals are habitually	332
prepared, sold, and served at noon and evening, as the principal	333
business of the place. "Restaurant" does not include pharmacies,	334
confectionery stores, lunch stands, night clubs, and filling	335
stations.	336

(13) "Club" means a corporation or association of individuals	337
organized in good faith for social, recreational, benevolent,	338
charitable, fraternal, political, patriotic, or athletic purposes,	339
which is the owner, lessor, or occupant of a permanent building or	340
part of a permanent building operated solely for those purposes,	341
membership in which entails the prepayment of regular dues, and	342
includes the place so operated.	343

(14) "Night club" means a place operated for profit, where	344
food is served for consumption on the premises and one or more	345
forms of amusement are provided or permitted for a consideration	346
that may be in the form of a cover charge or may be included in	347
the price of the food and beverages, or both, purchased by	348
patrons.	349

(15) "At retail" means for use or consumption by the	350
purchaser and not for resale.	351

(16) "Pharmacy" means an establishment, as defined in section	352
4729.01 of the Revised Code, that is under the management or	353
control of a licensed pharmacist in accordance with section	354
4729.27 of the Revised Code.	355

(17) "Enclosed shopping center" means a group of retail sales	356
and service business establishments that face into an enclosed	357
mall, share common ingress, egress, and parking facilities, and	358
are situated on a tract of land that contains an area of not less	359
than five hundred thousand square feet. "Enclosed shopping	360
center" also includes not more than one business establishment	361
that is located within a free-standing building on such a tract of	362
land, so long as the sale of beer and intoxicating liquor on the	363
tract of land was approved in an election held under former	364
section 4301.353 of the Revised Code.	365

(18) "Controlled access alcohol and beverage cabinet" means a	366
closed container, either refrigerated, in whole or in part, or	367
nonrefrigerated, access to the interior of which is restricted by	368
means of a device that requires the use of a key, magnetic card,	369
or similar device and from which beer, intoxicating liquor, other	370
beverages, or food may be sold.	371

(19) "Community facility" means either of the following:

372

(a) Any convention, sports, or entertainment facility or	373
complex, or any combination of these, that is used by or	374
accessible to the general public and that is owned or operated in	375
whole or in part by the state, a state agency, or a political	376
subdivision of the state or that is leased from, or located on	377
property owned by or leased from, the state, a state agency, a	378
political subdivision of the state, or a convention facilities	379
authority created pursuant to section 351.02 of the Revised Code;	380

(b) An area designated as a community entertainment district	381
pursuant to section 4301.80 of the Revised Code.	382

(20) "Low-alcohol beverage" means any brewed or fermented	383
malt product, or any product made from the fermented juices of	384
grapes, fruits, or other agricultural products, that contains	385
either no alcohol or less than one-half of one per cent of alcohol	386
by volume. The beverages described in division (B)(20) of this	387
section do not include a soft drink such as root beer, birch beer,	388
or ginger beer.	389

(21) "Cider" means all liquids fit to use for beverage	390
purposes that contain one-half of one per cent of alcohol by	391
volume, but not more than six per cent of alcohol by weight, and	392
that are made through the normal alcoholic fermentation of the	393
juice of sound, ripe apples, including, without limitation,	394
flavored, sparkling, or carbonated cider and cider made from pure	395
condensed apple must.	396

(22) "Sales area or territory" means an exclusive geographic	397
area or territory that is assigned to a particular A or B permit	398
holder and that either has one or more political subdivisions as	399
its boundaries or consists of an area of land with readily	400
identifiable geographic boundaries. "Sales area or territory" does	401
not include, however, any particular retail location in an	402
exclusive geographic area or territory that is assigned to another	403
A or B permit holder.	404

Sec. 4301.03.  The liquor control commission may adopt and	405
promulgate, repeal, rescind, and amend, in the manner required by	406
this section, rules, standards, requirements, and orders necessary	407
to carry out Chapters 4301.this chapter and Chapter 4303. of the	408
Revised Code, but all rules of the board of liquor control which	409
were in effect immediately prior to April 17, 1963, shall remain	410
in full force and effect as rules of the liquor control commission	411
until and unless amended or repealed by the liquor control	412
commission. The rules of the commission may include the	413
following:	414

(A) Rules with reference to applications for and the	415
issuance of permits for the manufacture, distribution,	416
transportation, and sale of beer and intoxicating liquor, and the	417
sale of alcohol; and rules governing the procedure of the division	418
of liquor control in the suspension, revocation, and cancellation	419
of suchthose permits;	420

(B) Rules and orders providing in detail for the conduct of	421
any retail business authorized under permits issued pursuant to	422
such chaptersthis chapter and Chapter 4303. of the Revised Code,	423
with a view to ensuring compliance with suchthose chapters and	424
laws relative theretoto them, and the maintenance of public	425
decency, sobriety, and good order in any place licensed under such	426
the permits. No rule or order shall prohibit the sale of lottery	427
tickets issued pursuant to Chapter 3770. of the Revised Code by	428
any retail business authorized under permits issued pursuant to	429
suchthat chapter.	430

No rule or order shall prohibit pari-mutuel wagering on	431
simulcast horse races at a satellite facility that has been issued	432
a D liquor permit under Chapter 4303. of the Revised Code. No	433
rule or order shall prohibit a charitable organization that holds	434
a D-4 permit from selling or serving beer or intoxicating liquor	435
under its permit in a portion of its premises merely because that	436
portion of its premises is used at other times for the conduct of	437
a charitable bingo game. However, such an organization shall not	438
sell or serve beer or intoxicating liquor or permit beer or	439
intoxicating liquor to be consumed or seen in the same location in	440
its premises where a charitable bingo game is being conducted	441
while the game is being conducted. As used in this division,	442
"charitable organization" has the same meaning as in division (H)	443
of section 2915.01 of the Revised Code, and "charitable bingo	444
game" has the same meaning as in division (R) of that section	445
2915.01 of the Revised Code. No rule or order pertaining to	446
visibility into the premises of a permit holder after the legal	447
hours of sale shall be adopted or maintained by the commission.	448

(C) Standards, not in conflict with those prescribed by any	449
law of this state or the United States, to secure the use of	450
proper ingredients and methods in the manufacture of beer, malt	451
liquor, mixed beverages, and wine to be sold within this state;	452

(D) Rules determining the nature, form, and capacity of all	453
packages and bottles to be used for containing beer or	454
intoxicating liquor except for spirituous liquor to be kept or	455
sold, governing the form of all seals and labels to be used	456
thereonon those packages and bottles, and requiring the label on	457
every package, bottle, and container to state the ingredients in	458
the contents and, except on malt beveragesbeer, the terms of	459
weight, volume, or proof spirits, and whether the same is beer,	460
wine, alcohol, or any intoxicating liquor except for spirituous	461
liquor;	462

(E) Uniform rules governing all advertising with reference	463
to the sale of beer and intoxicating liquor throughout the state	464
and advertising upon and in the premises licensed for the sale of	465
beer or intoxicating liquor;	466

(F) Rules restricting and placing conditions upon the	467
transfer of permits;	468

(G) Rules and orders limiting the number of permits of any	469
class within the state or within any political subdivision of the	470
state; and, for suchthat purpose, adopting reasonable	471
classifications of persons or establishments to which any	472
authorized class of permits may be issued within any such	473
political subdivision;	474

(H) Rules and orders with reference to sales of beer and	475
intoxicating liquor on Sundays and holidays and with reference to	476
the hours of the day during which and the persons to whom	477
intoxicating liquor of any class may be sold, and rules with	478
reference to the manner of sale;	479

(I) Rules requiring permit holders buying beer and malt	480
beverages to pay and permit holders selling beer and malt	481
beverages to collect minimum cash deposits for kegs, cases,	482
bottles, or other returnable containers of suchthe beer and malt	483
beverages; requiring the repayment, or credit therefor, of such	484
the minimum cash deposit charges upon the return of suchthe empty	485
containers,; and requiring the posting of such form of indemnity	486
or such other conditions with respect to the charging, collection,	487
and repayment of minimum cash deposit charges for returnable	488
containers of beer or malt beverages as are necessary to ensure	489
the return of suchthe empty containers or the repayment upon such	490
that return of the minimum cash deposits paid therefor.;	491

(J) Rules establishing the method by which alcohol products	492
may be imported for sale by wholesale distributors and the method	493
by which manufacturers and suppliers may sell alcohol products to	494
wholesale distributors.	495

Every rule, standard, requirement, or order of the	496
commission, and every repeal, amendment, or rescission thereofof	497
them shall be posted for public inspection in the principal office	498
of the commission and the principal office of the division of	499
liquor control, and a certified copy thereofof them shall be	500
filed in the office of the secretary of state. An order applying	501
only to persons named thereinin it shall be served on the persons	502
affected by personal delivery of a certified copy, or by mailing	503
sucha certified copy to each person affected thereby,by it or,	504
in the case of a corporation, to any officer or agent thereofof	505
the corporation upon whom a service of summons may be served in a	506
civil action. The posting and filing required by this section	507
constitutes sufficient notice to all persons affected by such rule	508
or order which is not required to be served. General rules of the	509
commission promulgated pursuant to this section shall be published	510
in such athe manner as the commission determines.	511

Sec. 4301.041.  The liquor control commission may determine	512
and fix by regulationrule the minimum percentage mark-up for	513
sales at retail of beer, lager beer, ale, stout, porter, or any	514
other brewed or malt liquor or malt beverages, whether in case lot	515
or less.	516

To determine the retail price of such productsbeer, the	517
minimum percentage mark-up may be applied to the wholesale price	518
of the manufacturer or wholesale distributor charged to the retail	519
permit holder. Such prices shall apply to sales made at retail by	520
a permit holder for off-premise consumption only.	521

Sec. 4301.042.  The liquor control commission may adopt,	522
repeal, and amend rules providing for and controlling pricing	523
practices and the manner and frequency with which any person sets	524
or changes prices at which beer and other malt beverages areis	525
sold to or by the holders of B-1 permits, but the commission shall	526
not set prices or markups between manufacturers or other suppliers	527
and the holders of B-1 permits.	528

Sec. 4301.24.  No manufacturer shall aid or assist the holder	529
of any permit for sale at wholesale, and no manufacturer or	530
wholesale distributor shall aid or assist the holder of any permit	531
for sale at retail, by gift or loan of any money or property of	532
any description or other valuable thing, or by giving premiums or	533
rebates. No holder of any such permit shall accept the same,	534
provided that the manufacturer or wholesale distributor may	535
furnish to a retail permittee the inside signs or advertising and	536
the tap signs or devices authorized by divisions (F) and (G) of	537
section 4301.22 of the Revised Code.	538

No manufacturer shall have any financial interest, directly	539
or indirectly, by stock ownership, or through interlocking	540
directors in a corporation, or otherwise, in the establishment,	541
maintenance, or promotion in the business of any wholesale	542
distributor. No retail permit holder shall have any interest,	543
directly or indirectly, in the operation of, or any ownership in,	544
the business of any wholesale distributor or manufacturer.	545

No manufacturer or wholesale distributor shall, except as	546
authorized by section 4303.021 of the Revised Code, have any	547
financial interest, directly or indirectly, by stock ownership, or	548
through interlocking directors in a corporation, or otherwise, in	549
the establishment, maintenance, or promotion of the business of	550
any retail dealer; nor shall any. No wholesale distributor, or	551
employee or member of the immediate family of a wholesale	552
distributor, shall have any financial interest, directly or	553
indirectly, by stock ownership, interlocking directors in a	554
corporation, or otherwise, in the establishment, maintenance, or	555
promotion of the business of any retail dealer. No manufacturer	556
or wholesale distributor or any stockholder of a manufacturer or	557
wholesale distributor shall acquire, by ownership in fee,	558
leasehold, mortgage, or otherwise, directly or indirectly, any	559
interest in the premises on which the business of any other	560
person engaged in the business of trafficking in beer or	561
intoxicating liquor is conducted. All contracts, covenants,	562
conditions, and limitations whereby any person engaged or	563
proposing to engage in the sale of beer or intoxicating liquors	564
promises to confine the person's sales of a particular kind or	565
quality of beer or intoxicating liquor to one or more products, or	566
the products of a specified manufacturer or wholesale distributor,	567
or to give preference to those products, shall to the extent of	568
that promise be void. The making of a promise in any such form	569
shall be cause for the revocation or suspension of any permit	570
issued to any party. This section does not prevent the holder of	571
an A permit from securing and holding a wholesale distributor's	572
permit or permits and operating as a wholesale distributor.	573

No manufacturer shall sell or offer to sell to any wholesale	574
distributor or retail permit holder, and no wholesale distributor	575
shall sell or offer to sell to any retail permit holder, and no	576
wholesale distributor or retail permit holder shall purchase or	577
receive from any manufacturer or wholesale distributor, any malt	578
orbeer, brewed beverages, or wine manufactured in the United	579
States except for cash. No right of action shall exist to collect	580
any claims for credit extended contrary to this section. This	581
section does not prohibit a licensee from crediting to a purchaser	582
the actual prices charged for packages or containers returned by	583
the original purchaser as a credit on any sale or from refunding	584
to any purchaser the amount paid by that purchaser for containers	585
or as a deposit on containers when title is retained by the	586
vendor, if those containers or packages have been returned to the	587
manufacturer or distributor. This section does not prohibit a	588
manufacturer from extending usual and customary credit for malt or	589
beer, brewed beverages, or wine manufactured in the United States	590
and sold to customers who live or maintain places of business	591
outside this state when the beverages so sold are actually	592
transported and delivered to points outside this state. No	593
wholesale or retail permit shall be issued to an applicant unless	594
the applicant has paid in full all accounts for beer and malt	595
beverages or wine, manufactured in the United States, outstanding	596
as of September 6, 1939. No beer or malt beverages or wine	597
manufactured in the United States shall be imported into the state	598
unless the beer or malt beverages or wine has been paid for in	599
cash, and no consent to import any such beer or malt beverages or	600
wine manufactured in the United States shall be issued by the	601
division of liquor control until the A-2, B-1, or B-5 permit	602
holder establishes to the satisfaction of the division that the	603
beer or malt beverages or wine has been paid for in cash.	604

This section does not prevent a manufacturer from securing	605
and holding any financial interest, directly or indirectly, by	606
stock ownership or through interlocking directors in a	607
corporation, or otherwise, in the establishment, maintenance, or	608
promotion of the business or premises of any C or D permit holder,	609
provided that the following conditions are met:	610

(A) Either the manufacturer or one of its parent companies	611
is listed on a national securities exchange.	612

(B) All purchases of alcoholic beverages by the C or D	613
permit holder are made from wholesale distributors in this state	614
or agency stores licensed by the division of liquor control.	615

(C) If the C or D permit holder sells brands of alcoholic	616
beverages that are produced or distributed by the manufacturer	617
that holds the financial interest, the C or D permit holder also	618
sells other competing brands of alcoholic beverages produced by	619
other manufacturers, no preference is given to the products of the	620
manufacturer, and there is no exclusion, in whole or in part, of	621
products sold or offered for sale by other manufacturers,	622
suppliers, or importers of alcoholic beverages that constitutes a	623
substantial impairment of commerce.	624

(D) The primary purpose of the C or D permit premises is a	625
purpose other than to sell alcoholic beverages, and the sale of	626
other goods and services exceeds fifty per cent of the total gross	627
receipts of the C or D permit holder at its premises.	628

This section does not prevent a manufacturer from giving	629
financial assistance to the holder of a B permit for the purpose	630
of the holder purchasing an ownership interest in the business,	631
existing inventory and equipment, or property of another B permit	632
holder, including, but not limited to, participation in a limited	633
liability partnership, limited liability company, or any other	634
legal entity authorized to do business in this state. This section	635
does not permit a manufacturer to give financial assistance to the	636
holder of a B permit to purchase inventory or equipment used in	637
the daily operation of a B permit holder.	638

Sec. 4301.241.  Notwithstanding section 4303.06 of the	639
Revised Code, each manufacturer and supplier of beer and malt	640
beverages shall assign to each of the manufacturer's or	641
supplier's B-1 distributors a sales area or territory within	642
which each such B-1 permit holder shall be the distributor of the	643
brand or brands of the manufacturer or supplier, provided that,	644
if the manufacturer or supplier manufactures or supplies more	645
than one brand of beer and malt beverage, the manufacturer or	646
supplier may assign sales areas or territories to additional B-1	647
distributors for the distribution and sale of the additional brand	648
or brands, so long as not more than one distributor distributes	649
the same brand or brands within the same sales area or territory.	650
No B-1 distributor shall distribute a specific brand of beer or	651
malt beverage in any area or territory other than the area or	652
territory assigned to the distributor.	653

Sec. 4301.333.  (A) The privilege of local option conferred	654
by section 4301.323 of the Revised Code may be exercised if, not	655
later than four p.m. of the seventy-fifth day before the day of a	656
general or primary election, a petition is presented to the board	657
of elections of the county in which the precinct is situated by a	658
petitioner who is one of the following:	659

(1) An applicant for the issuance or transfer of a liquor	660
permit at, or to, a particular location within the precinct;	661

(2) The holder of a liquor permit at a particular location	662
within the precinct;	663

(3) A person who operates or seeks to operate a liquor	664
agency store at a particular location within the precinct;	665

(4) The designated agent for an applicant, liquor permit	666
holder, or liquor agency store described in division (A)(1), (2),	667
or (3) of this section.	668

(B) The petition shall be signed by the electors of the	669
precinct equal in number to at least thirty-five per cent of the	670
total number of votes cast in the precinct for the office of	671
governor at the preceding general election for that office and	672
shall contain all of the following:	673

(1) A notice that the petition is for the submission of the	674
question or questions set forth in section 4301.355 of the	675
Revised Code;	676

(2) The name of the applicant for the issuance or transfer,	677
or the holder, of the liquor permit or, if applicable, the name of	678
the liquor agency store, including any trade or fictitious names	679
under which the applicant, holder, or liquor agency store either	680
intends to do or does business at the particular location;	681

(3) The address and proposed use of the particular location	682
within the election precinct to which the results of the question	683
or questions specified in section 4301.355 of the Revised Code	684
shall apply. For purposes of this division, "use" means all of	685
the following:	686

(a) The type of each liquor permit applied for by the	687
applicant or held by the liquor permit holder as described in	688
sections 4303.11 to 4303.183 of the Revised Code, including a	689
description of the type of beer or intoxicating liquor sales	690
authorized by each permit as provided in those sections;	691

(b) If a liquor agency store, the fact that the business	692
operated as a liquor agency store authorized to operate by this	693
state;	694

(c) A description of the general nature of the business of	695
the applicant, liquor permit holder, or liquor agency store.	696

(4) If the petition seeks approval of Sunday sales under	697
question (B)(2) as set forth in section 4301.355 of the Revised	698
Code, a statement indicating whether the hours of sale sought is	699
between ten a.m. and midnight or between one p.m. and midnight.	700

(C)(1) At the time the petitioner files the petition with	701
the board of elections, the petitioner shall provide to the board	702
both of the following:	703

(a) An affidavit that is signed by the petitioner and that	704
states the proposed use of the location following the election	705
held to authorize the sale of beer or intoxicating liquor	706
authorized by each permit as provided in sections 4303.11 to	707
4303.183 of the Revised Code;	708

(b) Written evidence of the designation of an agent by the	709
applicant, liquor permit holder, or liquor agency store described	710
in division (A)(1), (2), or (3) of this section for the purpose of	711
petitioning for the local option election, if the petitioner is	712
the designated agent of the applicant, liquor permit holder, or	713
liquor agency store.	714

(2) Failure to supply the affidavit, or the written evidence	715
of the designation of the agent if the petitioner for the local	716
option election is the agent of the applicant, liquor permit	717
holder, or liquor agency store described in division (A)(1), (2),	718
or (3) of this section, at the time the petition is filed	719
invalidates the entire petition.	720

(D) Not later than the sixty-sixth day before the day of the	721
next general or primary election, whichever occurs first, the	722
board shall examine and determine the sufficiency of the	723
signatures and the validity of the petition. If the board finds	724
that the petition contains sufficient signatures and in other	725
respects is valid, it shall order the holding of an election in	726
the precinct on the day of the next general or primary election,	727
whichever occurs first, for the submission of the question or	728
questions set forth in section 4301.355 of the Revised Code.	729

(E) A petition filed with the board of elections under this	730
section shall be open to public inspection under rules adopted by	731
the board.	732

(F) An elector who is eligible to vote on the question or	733
questions set forth in section 4301.355 of the Revised Code may	734
file, not later than four p.m. of the sixty-fourth day before the	735
day of the election at which the question or questions will be	736
submitted to the electors, a protest against a local option	737
petition circulated and filed pursuant to this section. The	738
protest shall be in writing and shall be filed with the election	739
officials with whom the petition was filed. Upon the filing of	740
the protest, the election officials with whom it is filed shall	741
promptly establish a time and place for hearing the protest and	742
shall mail notice of the time and place for the hearing to the	743
applicant for, or the holder of, the liquor permit who is	744
specified in the petition and to the elector who filed the	745
protest. At the time and place established in the notice, the	746
election officials shall hear the protest and determine the	747
validity of the petition.	748

Sec. 4301.355.  (A) If a petition is filed under section	749
4301.333 of the Revised Code for the submission of the question or	750
questions set forth in this section, it shall be held in the	751
precinct as ordered by the board of elections under that section.	752
The expense of holding the election shall be charged to the	753
municipal corporation or township of which the precinct is a part.	754

(B) At the election, one or more of the following questions,	755
as designated in a valid petition, shall be submitted to the	756
electors of the precinct:	757

(1) "Shall the sale of ........ (insert beer, wine and mixed	758
beverages, or intoxicating liquor) be permitted by.......(insert	759
name of applicant, liquor permit holder, or liquor agency store,	760
including trade or fictitious name under which applicant for, or	761
holder of, liquor permit or liquor agency store either intends to	762
do, or does, business at the particular location), an .........	763
(insert "applicant for" or "holder of" or "operator of") a	764
........(insert class name of liquor permit or permits followed by	765
the words "liquor permit(s)" or, if appropriate, the words "liquor	766
agency store for the State of Ohio"), who is engaged in the	767
business of .......(insert general nature of the business in which	768
applicant or liquor permit holder is engaged or will be engaged	769
in at the particular location, as described in the petition) at	770
............(insert address of the particular location within the	771
precinct as set forth in the petition) in this precinct?"	772

(2) "Shall the sale of ........ (insert beer, wine and mixed	773
beverages, or intoxicating liquor) be permitted for sale on Sunday	774
between the hours of ........ (insert "ten a.m. and midnight" or	775
"one p.m. and midnight") by ........ (insert name of applicant,	776
liquor permit holder, or liquor agency store, including trade or	777
fictitious name under which applicant for, or holder of, liquor	778
permit or liquor agency store either intends to do, or does,	779
business at the particular location), an ......(insert "applicant	780
for a D-6 liquor permit," "holder of a D-6 liquor permit,"	781
"applicant for or holder of an A-1-A, A-2, C-1, C-2x, D-1, D-2x,	782
D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f, D-5g, D-5h, D-5i,	783
D-5j, D-5k, or D-7 liquor permit," if only the approval of beer	784
sales is sought, or "liquor agency store") who is engaged in the	785
business of ...........(insert general nature of the business in	786
which applicant or liquor permit holder is engaged or will be	787
engaged in at the particular location, as described in the	788
petition) at......... (insert address of the particular location	789
within the precinct) in this precinct?"	790

(C) If the sale of beer, wine and mixed beverages, or	791
intoxicating liquor has been approved at a particular location	792
within the precinct at a previous election held under this	793
section, the ballot also shall include the following statement:	794

"At a previous election held under section 4301.355 of the	795
Revised Code, the electors approved the sale of ....... (insert	796
beer, wine and mixed beverages, or intoxicating liquor, as	797
appropriate) at ........(insert business name and address of the	798
particular location or locations within the precinct where such	799
that sale has been approved at a previous election under section	800
4301.355 of the Revised Code)."	801

(D) The board of elections shall furnish printed ballots at	802
the election as provided under section 3505.06 of the Revised	803
Code, except that a separate ballot shall be used for the election	804
under this section. The question and, if applicable, the	805
statement set forth in this section shall be printed on each	806
ballot, and the board shall insert in the question and statement	807
appropriate words to complete each. Votes shall be cast as	808
provided under section 3505.06 of the Revised Code.	809

Sec. 4301.365. (A) If a majority of the electors in a	810
precinct vote "yes" on questions (B)(1) and (2) as set forth in	811
section 4301.355 of the Revised Code, the sale of beer, wine and	812
mixed beverages, or intoxicating liquor, whichever was the subject	813
of the election, shall be allowed at the particular location and	814
for the use, and during the hours on Sunday, specified in the	815
questionquestions under each permit applied for by the petitioner	816
or at the address listed for the liquor agency store subject only	817
to Chapters 4301. and 4303. of the Revised Code. Failure to	818
continue to use the particular location for any proposed or stated	819
use set forth in the petition shall constitute good causeis	820
grounds for the denial of a renewal of the liquor permit under	821
division (A) of section 4303.271 of the Revised Code or causeis	822
grounds for the nonrenewal or cancellation of the liquor agency	823
store contract by the division of liquor control, except in the	824
case where the liquor permit holder or liquor agency store decides	825
to cease the sale of beer, wine and mixed beverages, or	826
intoxicating liquor, whichever was the subject of the election, on	827
Sundays.	828

(B) If a majority of the electors in a precinct vote "yes"	829
on question (B)(1) and "no" on question (B)(2) as set forth in	830
section 4301.355 of the Revised Code, the sale of beer, wine and	831
mixed beverages, or intoxicating liquor, whichever was the subject	832
of the election, shall be allowed at the particular location for	833
the use specified in question (B)(1) of section 4301.355 of the	834
Revised Code and under each permit applied for by the petitioner,	835
except for a D-6 permit, subject only to Chapters 4301. and 4303.	836
of the Revised Code.	837

(C) If a majority of the electors in a precinct vote "no" on	838
question (B)(1) as set forth in section 4301.355 of the Revised	839
Code, no sales of beer, wine and mixed beverages, or intoxicating	840
liquor, whichever was the subject of the election, shall be	841
allowed at the particular location for the use specified in the	842
petition during the period the election is in effect as defined in	843
section 4301.37 of the Revised Code.	844

(D) If a majority of the electors in a precinct vote only on	845
question (B)(2) as set forth in section 4301.355 of the Revised	846
Code and that vote results in a majority "yes" vote, sales of	847
beer, wine and mixed beverages, or intoxicating liquor, whichever	848
was the subject of the election, shall be allowed at the	849
particular location for the use and during the hours specified in	850
the petition on Sunday during the period the election is in effect	851
as defined in section 4301.37 of the Revised Code.	852

(E) If a majority of the electors in a precinct vote only on	853
question (B)(2) as set forth in section 4301.355 of the Revised	854
Code and that vote results in a majority "no" vote, no sales of	855
beer, wine and mixed beverages, or intoxicating liquor, whichever	856
was the subject of the election, shall be allowed at the	857
particular location for the use and during the hours specified in	858
the petition on Sunday during the period the election is in effect	859
as defined in section 4301.37 of the Revised Code.	860

(F) In case of elections in the same precinct for the	861
question or questions set forth in section 4301.355 of the Revised	862
Code and for a question or questions set forth in section 4301.35,	863
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised	864
Code, the results of the election held on the question or	865
questions set forth in section 4301.355 of the Revised Code shall	866
apply to the particular location notwithstanding the results of	867
the election held on the question or questions set forth in	868
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14	869
of the Revised Code.	870

(G) Sections 4301.32 to 4301.41 of the Revised Code do not	871
prohibit the transfer of ownership of a permit that was issued to	872
a particular location as the result of an election held on sales	873
of beer, wine and mixed beverages, or intoxicating liquor at that	874
particular location as long as the general nature of the business	875
at that particular location described in the petition for that	876
election remains the same after the transfer.	877

Sec. 4301.37.  (A) When a local option election, other than	878
an election under section 4301.351, 4301.352, 4301.353, 4301.354,	879
4301.355, or 4301.356 of the Revised Code, is held in any	880
precinct, except as provided in divisions (G) and (H) of section	881
4301.39 of the Revised Code, the result of the election shall be	882
effective in the precinct until another election is called and	883
held pursuant to sections 4301.32 to 4301.36 of the Revised Code,	884
but no such election shall be held in the precinct on the same	885
question more than once in each four years.	886

(B) When a local option election under section 4301.351 of	887
the Revised Code is held in any precinct, except as provided in	888
divisions (G) and (H) of section 4301.39 of the Revised Code, the	889
result of the election shall be effective in the precinct until	890
another election is called and held pursuant to sections 4301.32	891
to 4301.361 of the Revised Code, but no such election shall be	892
held under section 4301.351 of the Revised Code in the precinct on	893
the same question more than once in each four years.	894

(C) When a local option election is held in a precinct under	895
section 4301.352 of the Revised Code and a majority of the	896
electors voting on the question vote "yes," no subsequent local	897
option election shall be held in the precinct upon the sale of	898
beer or intoxicating liquor by the class C or D permit holder at	899
the specified premises for a period of at least four years from	900
the date of the most recent local option election, except that	901
this division shall not be construed to prohibit the holding or	902
affect the results of a local option election under section	903
4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the	904
Revised Code.	905

(D) When a local option election is held in a precinct under	906
section 4301.353 or 4301.354 of the Revised Code, except as	907
provided in divisions (G) and (H) of section 4301.39 of the	908
Revised Code, the results of the election shall be effective until	909
another election is held under that section on the same question,	910
but no such election shall be held in a precinct under that	911
section on the same question for a period of at least four years	912
from the date of the most recent election on that question. This	913
division shall not be construed to prohibit the future holding of,	914
or affect the future results of, a local option election held	915
under section 4301.35, 4301.351, 4301.355, 4303.29, or 4305.14 of	916
the Revised Code.	917

(E)(1) When a local option election is held in a precinct	918
under section 4301.355 of the Revised Code, the results of that	919
election shall be effective at the particular location designated	920
in the petition until another election is held pursuant to that	921
section 4301.355 of the Revised Code or until such time as an	922
election is held pursuant to section 4301.352 of the Revised	923
Code, but, except as provided in division (E)(2) of this section,	924
no election shall be held under section 4301.355 of the Revised	925
Code regarding the same use at that particular location for a	926
period of at least four years from the date of the most recent	927
election on that question. The	928

(2) A local option election may be held in a precinct under	929
section 4301.355 of the Revised Code for approval of the sale of	930
beer, wine and mixed beverages, or intoxicating liquor at a	931
particular location, on a date occurring less than four years from	932
the date of the most recent election under that section on any	933
such sale at that particular location, if the petitioner for the	934
new local option election under section 4301.333 of the Revised	935
Code is not the same applicant, liquor permit holder, or liquor	936
agency store that was the petitioner under that section for that	937
most recent election.	938

(3) The results of a local option election held in a precinct	939
under section 4301.355 of the Revised Code shall not prohibit the	940
holding of, and shallor be affected by the results of, a local	941
option election held under section 4301.35, 4301.351, 4301.353,	942
4301.354, 4303.29, or 4305.14 of the Revised Code.	943

(F) When a local option election is held in a municipal	944
corporation or unincorporated area of a township under section	945
4301.356 of the Revised Code, the results of the election shall be	946
effective at the community facility that was the subject of the	947
election until another such election is held regarding that	948
community facility, but no such election shall be held for a	949
period of at least four years from the date of the election. The	950
results of a local option election held in a municipal corporation	951
or unincorporated area of a township under section 4301.356 of the	952
Revised Code shall not prohibit the holding of, or affect or be	953
affected by the results of, a local option election held under	954
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14	955
of the Revised Code.	956

(G) If a community facility is located in an election	957
precinct in which a previous local option election in the precinct	958
resulted in approval of the sale of beer or intoxicating liquor in	959
the precinct, the community facility shall sell beer or	960
intoxicating liquor only to the extent permitted by the previous	961
local option election until an election is held pursuant to	962
section 4301.356 of the Revised Code.	963

(H) A community facility shall not be affected by a local	964
option election held on or after March 30, 1999, unless the	965
election is held under section 4301.356 of the Revised Code.	966

Sec. 4301.402.  Sections 4301.32 to 4301.391, 4301.41, and	967
4305.14 of the Revised Code and the provisions for local option	968
elections and the election on the question of the repeal of	969
Section 9 of Article XV, Ohio Constitution, in section 4303.29 of	970
the Revised Code, do not affect or prohibit the sale of beer or	971
intoxicating liquor at a golf course or at a hotel, motel, or	972
lodge required to be licensed under section 3731.03 of the Revised	973
Code that contains at least fifty rooms for registered transient	974
guests andif the golf course, hotel, motel, or lodge is owned by	975
the state or a political subdivision or conservancy district, park	976
district created under Chapter 1545. of the Revised Code, or other	977
political subdivision of the state, provided thatand the permit	978
holder for the golf course, hotel, motel, or lodge operates	979
pursuant tounder the authority of thea liquor permit issued	980
pursuant tounder Chapter 4303. of the Revised Code.	981

Sec. 4301.42.  For the purpose of providing revenue for the	982
support of the state, a tax is hereby levied on the sale of beer,	983
ale, porter, stout, and other malt liquor beverages in sealed	984
bottles and cans having twelve ounces or less of liquid content,	985
at the rate of fourteen one-hundredths of one cent on each ounce	986
of liquid content or fractional part thereofof each ounce of	987
liquid content, and on such containers in excess of twelve ounces,	988
at the rate of eighty-four one-hundredths of one cent on each six	989
ounces of liquid content or fractional part thereofof each six	990
ounces of liquid content. Sections 4307.01 to 4307.12 of the	991
Revised Code apply in the administration of saidthat tax.	992
Manufacturers, bottlers, and canners of and wholesale dealers in	993
beer, ale, porter, stout, and other malt liquor beverages have the	994
duty to pay the tax imposed by this section and are entitled to	995
the privileges in the manner provided in section 4303.33 of the	996
Revised Code.	997

Sec. 4301.47.  Every class A-1, A-2, and A-4 permit holder	998
and each class B permit holder shall maintain and keep for a	999
period of three years a record of the beer, wine, malt beverages,	1000
and mixed beverages purchased, distributed, or sold within this	1001
state by the permit holder, together with invoices, records,	1002
receipts, bills of lading, and other pertinent papers required by	1003
the tax commissioner and, upon demand by the tax commissioner,	1004
shall produce these records for a three-year period prior to the	1005
demand unless upon satisfactory proof it is shown that the	1006
non-productionnonproduction is due to causes beyond histhe	1007
permit holder's control.	1008

Sec. 4301.54.  If the laws of another state, territory, or	1009
nation, or the rules and regulations of an administrative body	1010
thereinin another state, territory, or nation, provide for the	1011
levy and collection of taxes, fees, and charges upon the products	1012
of Ohio manufacturers of wine or manufacturers or brewers of beer	1013
and other malt liquors when suchthose products are sold in,	1014
delivered, or shipped into suchthe other state, territory, or	1015
nation, in excess of the taxes, fees, and charges levied and	1016
collected on the products of manufacturesmanufacturers or brewers	1017
of saidthose states, territories, or nations, whether suchthose	1018
taxes, fees, and charges are in the nature of an excise, sales, or	1019
import tax, or by whatever name designated, the tax commissioner	1020
shall levy and collect additional taxes, fees, and charges on the	1021
products of manufacturers of wine or manufacturers and brewers of	1022
beer and other malt liquor of saidthat other state, territory, or	1023
nation when sold in, delivered, or shipped into this state.	1024

SuchThe additional taxes, fees, and charges shall be in	1025
excess of those provided for in other sections of this chapter or	1026
Chapters 4301., 4303. and 4307. and section 4305.13 of the Revised	1027
Code, in the same proportion or in the same amount as taxes, fees,	1028
and charges levied and collected in saidthe other state,	1029
territory, or nation upon the products of Ohio manufacturers of	1030
wine or manufacturers or brewers of beer and other malt liquor are	1031
in excess of those levied and collected on the products of	1032
manufacturers and brewers of saidthe other state,territory, or	1033
nation.	1034

If the laws of another state, territory, or nation, or the	1035
rules and regulations of thean administrative body thereinin	1036
another state, territory, or nation, provide for the levy and	1037
collection of taxes, fees, or charges against Ohio manufactures	1038
manufacturers of wine or manufacturesmanufacturers or brewers of	1039
beer and other malt liquor for the privilege of doing business	1040
thereinin that state, territory, or nation, like amounts shall be	1041
levied and collected on manufacturers or brewers of saidthat	1042
state, territory, or nation for the privilege of doing business in	1043
this state.	1044

Sec. 4301.55.  If the laws of another state, territory, or	1045
nation, or the rules and regulations of any administrative body	1046
thereinin another state, territory, or nation, authorize or	1047
impose any tax, fee, or charge upon the right to transport or	1048
import into suchthat state,territory, or nation any beer, malt	1049
liquor, or wine manufactured in this state; or authorize or impose	1050
any different warehousing requirements or higher warehousing or	1051
inspection fees upon any beer, malt liquor, or wine manufactured	1052
in this state and imported into or sold in suchthat state,	1053
territory, or nation than are imposed upon beer, malt liquor, and	1054
wine manufactured in suchthat state,territory, or nation; or	1055
impose any higher fee for the privilege of selling or handling	1056
beer, malt liquor, or wine manufactured in this state than is	1057
imposed for the privilege of handling or selling the same kind of	1058
beverages manufactured within suchthat state,territory, or	1059
nation or any other state,territory, or nation, the tax	1060
commissioner shall levy and collect similar taxes, fees, and	1061
charges from licensees or persons selling in Ohiothis state beer,	1062
malt liquor, and wine manufactured in suchthat other state,	1063
territory, or nation. SuchThe taxes, fees, and charges shall be	1064
in addition to the taxes, fees, and charges assessed and collected	1065
by the commissioner under section 4301.54 of the Revised Code.	1066

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

1067

(1) "Chauffeured limousine" means a vehicle registered under	1068
section 4503.24 of the Revised Code.	1069

(2) "Street," "highway," and "motor vehicle" have the same	1070
meanings as in section 4511.01 of the Revised Code.	1071

(B) No person shall have in the person's possession an	1072
opened container of beer or intoxicating liquor in any of the	1073
following circumstances:	1074

(1) In a state liquor store;

1075

(2) Except as provided in division (C) of this section, on	1076
the premises of the holder of any permit issued by the division of	1077
liquor control;	1078

(3) In any other public place;

1079

(4) Except as provided in division (D) of this section,	1080
while operating or being a passenger in or on a motor vehicle on	1081
any street, highway, or other public or private property open to	1082
the public for purposes of vehicular travel or parking;	1083

(5) Except as provided in division (D) of this section,	1084
while being in or on a stationary motor vehicle on any street,	1085
highway, or other public or private property open to the public	1086
for purposes of vehicular travel or parking.	1087

(C)(1) A person may have in the person's possession an	1088
opened container of any of the following:	1089

(a) Beer or intoxicating liquor that has been lawfully	1090
purchased for consumption on the premises where bought from the	1091
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5,	1092
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	1093
D-7, D-8, E, F, or F-2 permit;	1094

(b) Beer, wine, or mixed beverages served for consumption on	1095
the premises by the holder of an F-3 permit;	1096

(c) Beer or intoxicating liquor consumed on the premises of	1097
a convention facility as provided in section 4303.201 of the	1098
Revised Code;	1099

(d) Beer or intoxicating liquor to be consumed during	1100
tastings and samplings approved by rule of the liquor control	1101
commission.	1102

(2) A person may have in the person's possession on an F	1103
liquor permit premises an opened container of beer or intoxicating	1104
liquor that was not purchased from the holder of the F permit if	1105
the premises for which the F permit is issued is a music festival	1106
and the holder of the F permit grants permission for that	1107
possession on the premises during the period for which the F	1108
permit is issued. As used in this division, "music festival"	1109
means a series of outdoor live musical performances, extending for	1110
a period of at least three consecutive days and located on an area	1111
of land of at least forty acres.	1112

(D) This section does not apply to a person who pays all or	1113
a portion of the fee imposed for the use of a chauffeured	1114
limousine pursuant to a prearranged contract, or the guest of the	1115
person, when all of the following apply:	1116

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

1117

(2) The person or guest is located in the limousine, but is	1118
not occupying a seat in the front compartment of the limousine	1119
where the operator of the limousine is located.	1120

(3) The limousine is located on any street, highway, or	1121
other public or private property open to the public for purposes	1122
of vehicular travel or parking.	1123

Sec. 4303.01.  As used in sections 4303.01 to 4303.37 of the	1124
Revised Code, "intoxicating liquor," "liquor," "sale," "sell,"	1125
"vehicle," "alcohol," "beer," "malt liquor," "malt beverage,"	1126
"wine," "mixed beverages," "spirituous liquor," "sealed	1127
container," "person," "manufacture," "manufacturer," "wholesale	1128
distributor," "distributor," "hotel," "restaurant," "club," "night	1129
club," "at retail," "pharmacy," and "enclosed shopping center"	1130
have the same meanings as in section 4301.01 of the Revised Code.	1131

Sec. 4303.02.  Permit A-1 may be issued to a manufacturer to	1132
manufacture beer, ale, stout, and other malt liquor containing not	1133
more than six per cent of alcohol by weight and sell suchbeer	1134
products in bottles or containers for home use and to retail and	1135
wholesale permit holders under such rules as are promulgated by	1136
the division of liquor control. The fee for this permit is three	1137
thousand one hundred twenty-five dollars for each plant during the	1138
year covered by the permit.	1139

Sec. 4303.06.  Permit B-1 may be issued to a wholesale	1140
distributor of beer to purchase from the holders of A-1 permits	1141
and to import and distribute or sell beer, ale, lager, stout, and	1142
other malt liquors containing not more than six per cent of	1143
alcohol by weight for home use and to retail permit holders under	1144
such rules as are adopted by the division of liquor control. The	1145
fee for this permit is two thousand five hundred dollars for each	1146
distributing plant or warehouse during the year covered by the	1147
permit.	1148

Sec. 4303.07.  Permit B-2 may be issued to a wholesale	1149
distributor of wine to purchase from holders of A-2 and B-5	1150
permits and distribute or sell such product, in the original	1151
container in which it was placed by the B-5 permit holder or	1152
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,	1153
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	1154
D-5h, D-5i, D-5j, D-5k, and E permit holders, and for home use.	1155
The fee for this permit is two hundred fifty dollars for each	1156
distributing plant or warehouse. The initial fee shall be	1157
increased ten cents per wine barrel of fifty gallons for all wine	1158
distributed and sold in this state in excess of twelve hundred	1159
fifty such barrels during the year covered by the permit.	1160

Sec. 4303.10.  Permit B-5 may be issued to a wholesale	1161
distributor of wine to purchase wine from the holders of A-2	1162
permits, to purchase and import wine in bond or otherwise, in bulk	1163
or in containers of any size, and to bottle wine for distribution	1164
and sale to holders of A-1-A, B-2, B-3, B-5, C-2, D-2, D-3, D-4,	1165
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	1166
D-5j, D-5k, and E permits and for home use in sealed containers.	1167
No wine shall be bottled by a B-5 permit holder in containers	1168
supplied by any person who intends the wine for home use. The fee	1169
for this permit is one thousand two hundred fifty dollars.	1170

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	1171
owner or operator of a hotel or motel that is required to be	1172
licensed under section 3731.03 of the Revised Code, that contains	1173
at least fifty rooms for registered transient guests, and that	1174
qualifies under the other requirements of this section, or to the	1175
owner or operator of a restaurant specified under this section, to	1176
sell beer and any intoxicating liquor at retail, only by the	1177
individual drink in glass and from the container, for consumption	1178
on the premises where sold, and to registered guests in their	1179
rooms, which may be sold by means of a controlled access alcohol	1180
and beverage cabinet in accordance with division (B) of section	1181
4301.21 of the Revised Code; and to sell the same products in the	1182
same manner and amounts not for consumption on the premises as may	1183
be sold by holders of D-1 and D-2 permits. The premises of the	1184
hotel or motel shall include a restaurant that is licensed	1185
pursuant to section 3717.43 of the Revised Code, that is	1186
affiliated with the hotel or motel and within or contiguous to the	1187
hotel or motel, and that serves food within the hotel or motel,	1188
but the principal business of the owner or operator of the hotel	1189
or motel shall be the accommodation of transient guests. In	1190
addition to the privileges authorized in this division, the holder	1191
of a D-5a permit may exercise the same privileges as the holder of	1192
a D-5 permit.	1193

The owner or operator of a hotel, motel, or restaurant who	1194
qualified for and held a D-5a permit on August 4, 1976, may, if	1195
the owner or operator held another permit before holding a D-5a	1196
permit, either retain a D-5a permit or apply for the permit	1197
formerly held, and the division of liquor control shall issue the	1198
permit for which the owner or operator applies and formerly held,	1199
notwithstanding any quota.	1200

A D-5a permit shall not be transferred to another location.	1201
No quota restriction shall be placed on the number of such permits	1202
that may be issued.	1203

The fee for this permit is one thousand eight hundred	1204
seventy-five dollars.	1205

(B) Permit D-5b may be issued to the owner, operator,	1206
tenant, lessee, or occupant of an enclosed shopping center to sell	1207
beer and intoxicating liquor at retail, only by the individual	1208
drink in glass and from the container, for consumption on the	1209
premises where sold; and to sell the same products in the same	1210
manner and amount not for consumption on the premises as may be	1211
sold by holders of D-1 and D-2 permits. In addition to the	1212
privileges authorized in this division, the holder of a D-5b	1213
permit may exercise the same privileges as a holder of a D-5	1214
permit.	1215

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

1216

One D-5b permit may be issued at an enclosed shopping center	1217
containing at least two hundred twenty-five thousand, but less	1218
than four hundred thousand, square feet of floor area.	1219

Two D-5b permits may be issued at an enclosed shopping center	1220
containing at least four hundred thousand square feet of floor	1221
area. No more than one D-5b permit may be issued at an enclosed	1222
shopping center for each additional two hundred thousand square	1223
feet of floor area or fraction of that floor area, up to a	1224
maximum of five D-5b permits for each enclosed shopping center.	1225
The number of D-5b permits that may be issued at an enclosed	1226
shopping center shall be determined by subtracting the number of	1227
D-3 and D-5 permits issued in the enclosed shopping center from	1228
the number of D-5b permits that otherwise may be issued at the	1229
enclosed shopping center under the formulas provided in this	1230
division. Except as provided in this section, no quota shall be	1231
placed on the number of D-5b permits that may be issued.	1232
Notwithstanding any quota provided in this section, the holder of	1233
any D-5b permit first issued in accordance with this section is	1234
entitled to its renewal in accordance with section 4303.271 of the	1235
Revised Code.	1236

The holder of a D-5b permit issued before April 4, 1984,	1237
whose tenancy is terminated for a cause other than nonpayment of	1238
rent, may return the D-5b permit to the division of liquor	1239
control, and the division shall cancel that permit. Upon	1240
cancellation of that permit and upon the permit holder's payment	1241
of taxes, contributions, premiums, assessments, and other debts	1242
owing or accrued upon the date of cancellation to this state and	1243
its political subdivisions and a filing with the division of a	1244
certification of that payment, the division shall issue to that	1245
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	1246
that person requests. The division shall issue the D-5 permit, or	1247
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	1248
D-3, or D-5 permits currently issued in the municipal corporation	1249
or in the unincorporated area of the township where that person's	1250
proposed premises is located equals or exceeds the maximum number	1251
of such permits that can be issued in that municipal corporation	1252
or in the unincorporated area of that township under the	1253
population quota restrictions contained in section 4303.29 of the	1254
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall	1255
not be transferred to another location. If a D-5b permit is	1256
canceled under the provisions of this paragraph, the number of	1257
D-5b permits that may be issued at the enclosed shopping center	1258
for which the D-5b permit was issued, under the formula provided	1259
in this division, shall be reduced by one if the enclosed shopping	1260
center was entitled to more than one D-5b permit under the	1261
formula.	1262

The fee for this permit is one thousand eight hundred	1263
seventy-five dollars.	1264

(C) Permit D-5c may be issued either to the owner or	1265
operator of a restaurant that is licensed pursuant to section	1266
3717.43 of the Revised Code and that qualifies under the other	1267
requirements of this section to sell beer and any intoxicating	1268
liquor at retail, only by the individual drink in glass and from	1269
the container, for consumption on the premises where sold, and to	1270
sell the same products in the same manner and amounts not for	1271
consumption on the premises as may be sold by holders of D-1 and	1272
D-2 permits. In addition to the privileges authorized in this	1273
division, the holder of a D-5c permit may exercise the same	1274
privileges as the holder of a D-5 permit.	1275

To qualify for a D-5c permit, the owner or operator of a	1276
restaurant that is licensed pursuant to section 3717.43 of the	1277
Revised Code shall have operated the restaurant at the proposed	1278
premises for not less than twenty-four consecutive months	1279
immediately preceding the filing of the application for the	1280
permit, have applied for a D-5 permit no later than December 31,	1281
1988, and appear on the division's quota waiting list for not less	1282
than six months immediately preceding the filing of the	1283
application for the permit. In addition to these requirements,	1284
the proposed D-5c permit premises shall be located within a	1285
municipal corporation and further within an election precinct	1286
that, at the time of the application, has no more than	1287
twenty-five per cent of its total land area zoned for residential	1288
use.	1289

A D-5c permit shall not be transferred to another location.	1290
No quota restriction shall be placed on the number of such permits	1291
that may be issued.	1292

Any person who has held a D-5c permit for at least two years	1293
may apply for a D-5 permit, and the division of liquor control	1294
shall issue the D-5 permit notwithstanding the quota restrictions	1295
contained in section 4303.29 of the Revised Code or in any rule of	1296
the liquor control commission.	1297

The fee for this permit is one thousand two hundred fifty	1298
dollars.	1299

(D) Permit D-5d may be issued to either the owner or	1300
operator of a restaurant that is licensed pursuant to section	1301
3717.43 of the Revised Code and located at an airport operated by	1302
a board of county commissioners pursuant to section 307.20 of the	1303
Revised Code or at an airport operated by a regional airport	1304
authority pursuant to Chapter 308. of the Revised Code. Not more	1305
than one D-5d permit shall be issued in each county. The holder	1306
of a D-5d permit may sell beer and any intoxicating liquor at	1307
retail, only by the individual drink in glass and from the	1308
container, for consumption on the premises where sold, and may	1309
sell the same products in the same manner and amounts not for	1310
consumption on the premises where sold as may be sold by the	1311
holders of D-1 and D-2 permits. In addition to the privileges	1312
authorized in this division, the holder of a D-5d permit may	1313
exercise the same privileges as the holder of a D-5 permit.	1314

A D-5d permit shall not be transferred to another location.	1315
Except as otherwise provided in this division, no quota	1316
restrictions shall be placed on the number of such permits that	1317
may be issued.	1318

The fee for this permit is one thousand eight hundred	1319
seventy-five dollars.	1320

(E) Permit D-5e may be issued to any nonprofit organization	1321
that is exempt from federal income taxation under the "Internal	1322
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	1323
amended, or that is a charitable organization under any chapter of	1324
the Revised Code, and that owns or operates a riverboat that	1325
meets all of the following:	1326

(1) Is permanently docked at one location;

1327

(2) Is designated as an historical riverboat by the Ohio	1328
historical society;	1329

(3) Contains not less than fifteen hundred square feet of	1330
floor area;	1331

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

1332

The holder of a D-5e permit may sell beer and intoxicating	1333
liquor at retail, only by the individual drink in glass and from	1334
the container, for consumption on the premises where sold.	1335

A D-5e permit shall not be transferred to another location.	1336
No quota restriction shall be placed on the number of such permits	1337
that may be issued. The population quota restrictions contained	1338
in section 4303.29 of the Revised Code or in any rule of the	1339
liquor control commission shall not apply to this division, and	1340
the division shall issue a D-5e permit to any applicant who meets	1341
the requirements of this division. However, the division shall	1342
not issue a D-5e permit if the permit premises or proposed permit	1343
premises are located within an area in which the sale of	1344
spirituous liquor by the glass is prohibited.	1345

The fee for this permit is nine hundred seventy-five dollars.

1346

(F) Permit D-5f may be issued to either the owner or the	1347
operator of a food service operation that is licensed under	1348
section 3717.43 of the Revised Code and that meets all of the	1349
following:	1350

(1) It contains not less than twenty-five hundred square	1351
feet of floor area.	1352

(2) It is located on or in, or immediately adjacent to, the	1353
shoreline of, a navigable river.	1354

(3) It provides docking space for twenty-five boats.

1355

(4) It provides entertainment and recreation, provided that	1356
not less than fifty per cent of the business on the permit	1357
premises shall be preparing and serving meals for a consideration.	1358

In addition, each application for a D-5f permit shall be	1359
accompanied by a certification from the local legislative	1360
authority that the issuance of the D-5f permit is not inconsistent	1361
with that political subdivision's comprehensive development plan	1362
or other economic development goal as officially established by	1363
the local legislative authority.	1364

The holder of a D-5f permit may sell beer and intoxicating	1365
liquor at retail, only by the individual drink in glass and from	1366
the container, for consumption on the premises where sold.	1367

A D-5f permit shall not be transferred to another location.	1368
No more than fifteen D-5f permits shall be issued by the division	1369
of liquor control, and no more than two such permits shall be	1370
issued in any county. However, the division shall not issue a	1371
D-5f permit if the permit premises or proposed permit premises are	1372
located within an area in which the sale of spirituous liquor by	1373
the glass is prohibited.	1374

A fee for this permit is one thousand eight hundred	1375
seventy-five dollars.	1376

As used in this division, "navigable river" means a river	1377
that is also a "navigable water" as defined in the "Federal Power	1378
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	1379

(G) Permit D-5g may be issued to a nonprofit corporation	1380
that is either the owner or the operator of a national	1381
professional sports museum. The holder of a D-5g permit may sell	1382
beer and any intoxicating liquor at retail, only by the individual	1383
drink in glass and from the container, for consumption on the	1384
premises where sold. The holder of a D-5g permit shall sell no	1385
beer or intoxicating liquor for consumption on the premises where	1386
sold after one a.m. A D-5g permit shall not be transferred to	1387
another location. No quota restrictions shall be placed on the	1388
number of D-5g permits that may be issued. The fee for this	1389
permit is one thousand five hundred dollars.	1390

(H) Permit D-5h may be issued to any nonprofit organization	1391
that is exempt from federal income taxation under the "Internal	1392
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	1393
amended, that owns or operates a fine arts museum and has no less	1394
than five thousand bona fide members possessing full membership	1395
privileges. The holder of a D-5h permit may sell beer and any	1396
intoxicating liquor at retail, only by the individual drink in	1397
glass and from the container, for consumption on the premises	1398
where sold. The holder of a D-5h permit shall sell no beer or	1399
intoxicating liquor for consumption on the premises where sold	1400
after one a.m. A D-5h permit shall not be transferred to another	1401
location. No quota restrictions shall be placed on the number of	1402
D-5h permits that may be issued. The fee for this permit is one	1403
thousand five hundred dollars.	1404

(I) Permit D-5i may be issued to either the owner or the	1405
operator of a food service operation that is licensed under	1406
section 3717.43 of the Revised Code and that meets all of the	1407
following requirements:	1408

(1) It is located in a municipal corporation or a township	1409
with a population of fifty thousand or less.	1410

(2) It has inside seating capacity for at least one hundred	1411
forty persons.	1412

(3) It has at least four thousand square feet of floor	1413
area.	1414

(4) It offers full-course meals, appetizers, and sandwiches.

1415

(5) Its receipts from beer and liquor sales do not exceed	1416
twenty-five per cent of its total gross receipts.	1417

(6) The value of its real and personal property exceeds	1418
seven hundred twenty-five thousand dollars.	1419

The holder of a D-5i permit shall cause an independent audit	1420
to be performed at the end of one full year of operation following	1421
issuance of the permit in order to verify the requirements of	1422
division (I)(5) of this section. The results of the independent	1423
audit shall be transmitted to the division. Upon determining that	1424
the receipts of the holder from beer and liquor sales exceeded	1425
twenty-five per cent of its total gross receipts, the division	1426
shall suspend the permit of the permit holder under section	1427
4301.25 of the Revised Code and may allow the permit holder to	1428
elect a forfeiture under section 4301.252 of the Revised Code.	1429

The holder of a D-5i permit may sell beer and any	1430
intoxicating liquor at retail, only by the individual drink in	1431
glass and from the container, for consumption on the premises	1432
where sold, and may sell the same products in the same manner and	1433
amounts not for consumption on the premises where sold as may be	1434
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	1435
permit shall sell no beer or intoxicating liquor for consumption	1436
on the premises where sold after two-thirty a.m. In addition to	1437
the privileges authorized in this division, the holder of a D-5i	1438
permit may exercise the same privileges as the holder of a D-5	1439
permit.	1440

A D-5i permit shall not be transferred to another location.	1441
The division of liquor control shall not renew a D-5i permit	1442
unless the food service operation for which it is issued continues	1443
to meet the requirements described in divisions (I)(1) to (6) of	1444
this section. No quota restrictions shall be placed on the number	1445
of D-5i permits that may be issued. The fee for this permit is	1446
one thousand eight hundred seventy-five dollars.	1447

(J)(1) Permit D-5j may be issued to either the owner or the	1448
operator of a food service operation that is licensed under	1449
section 3717.43 of the Revised Code to sell beer and intoxicating	1450
liquor at retail, only by the individual drink in glass and from	1451
the container, for consumption on the premises where sold and to	1452
sell beer and intoxicating liquor in the same manner and amounts	1453
not for consumption on the premises where sold as may be sold by	1454
the holders of D-1 and D-2 permits. The holder of a D-5j permit	1455
may exercise the same privileges, and shall observe the same hours	1456
of operation, as the holder of a D-5 permit.	1457

(2) The D-5j permit shall be issued only within a community	1458
entertainment district that is designated under section 4301.80 of	1459
the Revised Code and that is located in a municipal corporation	1460
with a population of at least one hundred thousand.	1461

(3) The location of a D-5j permit may be transferred only	1462
within the geographic boundaries of the community entertainment	1463
district in which it was issued and shall not be transferred	1464
outside the geographic boundaries of that district.	1465

(4) Not more than one D-5j permit shall be issued within	1466
each community entertainment district for each five acres of land	1467
located within the district. Not more than fifteen D-5j permits	1468
may be issued within a single community entertainment district.	1469
Except as otherwise provided in division (J)(4) of this section,	1470
no quota restrictions shall be placed upon the number of D-5j	1471
permits that may be issued.	1472

(5) The fee for a D-5j permit is one thousand eight hundred	1473
seventy-five dollars.	1474

(K)(1) Permit D-5k may be issued to any nonprofit	1475
organization that is exempt from federal income taxation under the	1476
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1477
501(c)(3), as amended, that is the owner or operator of a	1478
botanical garden, and that has not less than twenty-five hundred	1479
bona fide members.	1480

(2) The holder of a D-5k permit and its food service	1481
provider may sell beer and any intoxicating liquor at retail, only	1482
by the individual drink in glass and from the container, on the	1483
premises where sold. The D-5k permit allows sales of beer and	1484
intoxicating liquor at all public buildings owned or operated by	1485
the botanical garden.	1486

(3) The holder of a D-5k permit shall sell no beer or	1487
intoxicating liquor for consumption on the premises where sold	1488
after one a.m.	1489

(4) A D-5k permit shall not be transferred to another	1490
location.	1491

(5) No quota restrictions shall be placed on the number of	1492
D-5k permits that may be issued.	1493

(6) The fee for the D-5k permit is one thousand five	1494
hundred dollars.	1495

Sec. 4303.182. (A) Except as otherwise provided in divisions	1496
(B) to (F)(G) of this section, permit D-6 shall be issued to the	1497
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a,	1498
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-7	1499
permit to allow sale under that permit between the hours of ten	1500
a.m. and midnight, or between the hours of one p.m. and midnight,	1501
on Sunday, as applicable, if that sale has been authorized under	1502
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	1503
Code and under the restrictions of that authorization.	1504

(B) Permit D-6 shall be issued to the holder of any permit,	1505
including a D-4a and D-5d permit, authorizing the sale of	1506
intoxicating liquor issued for a premises located at any publicly	1507
owned airport, as defined in section 4563.01 of the Revised Code,	1508
at which commercial airline companies operate regularly scheduled	1509
flights on which space is available to the public, to allow sale	1510
under such permit between the hours of ten a.m. and midnight on	1511
Sunday, whether or not that sale has been authorized under section	1512
4301.361, 4301.364, 4301.365, or, 4301.366 of the Revised Code.	1513

(C) Permit D-6 shall be issued to the holder of a D-5a	1514
permit, and to the holder of a D-3 or D-3a permit who is the owner	1515
or operator of a hotel or motel that is required to be licensed	1516
under section 3731.03 of the Revised Code, that contains at least	1517
fifty rooms for registered transient guests, and that has on its	1518
premises a restaurant licensed pursuant to section 3717.43 of the	1519
Revised Code affiliated with the hotel or motel and within or	1520
contiguous to the hotel or motel and serving food within the hotel	1521
or motel, to allow sale under such permit between the hours of ten	1522
a.m. and midnight on Sunday, whether or not that sale has been	1523
authorized under section 4301.361, 4301.364, 4301.365, or,	1524
4301.366 of the Revised Code.	1525

(D) The holder of a D-6 permit that is issued to a sports	1526
facility may make sales under the permit between the hours of	1527
eleven a.m. and midnight on any Sunday on which a professional	1528
baseball, basketball, football, hockey, or soccer game is being	1529
played at the sports facility. As used in this division, "sports	1530
facility" means a stadium or arena that has a seating capacity of	1531
at least four thousand and that is owned or leased by a	1532
professional baseball, basketball, football, hockey, or soccer	1533
franchise or any combination of those franchises.	1534

(E) Permit D-6 shall be issued to the holder of any permit	1535
that authorizes the sale of beer or intoxicating liquor and that	1536
is issued to a premises located in or at the Ohio historical	1537
society area or the state fairgrounds, as defined in division (B)	1538
of section 4301.40 of the Revised Code, to allow sale under that	1539
permit between the hours of ten a.m. and midnight on Sunday,	1540
whether or not that sale has been authorized under section	1541
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	1542

(F) Permit D-6 shall be issued to the holder of any permit	1543
that authorizes the sale of intoxicating liquor and that is issued	1544
to an outdoor performing arts center to allow sale under that	1545
permit between the hours of one p.m. and midnight on Sunday,	1546
whether or not that sale has been authorized under section	1547
4301.361 of the Revised Code. A D-6 permit issued under this	1548
division is subject to the results of an election, held after the	1549
D-6 permit is issued, on question (B)(4) as set forth in section	1550
4301.351 of the Revised Code. Following the end of the period	1551
during which an election may be held on question (B)(4) as set	1552
forth in that section, sales of intoxicating liquor may continue	1553
at an outdoor performing arts center under a D-6 permit issued	1554
under this division, unless an election on that question is held	1555
during the permitted period and a majority of the voters voting in	1556
the precinct on that question vote "no."	1557

As used in this division, "outdoor performing arts center"	1558
means an outdoor performing arts center that is located on not	1559
less than eight hundred acres of land and that is open for	1560
performances from the first day of April to the last day of	1561
October of each year.	1562

(G) Permit D-6 shall be issued to the holder of any permit	1563
that authorizes the sale of beer or intoxicating liquor and that	1564
is issued to a golf course owned by the state, a conservancy	1565
district, a park district created under Chapter 1545. of the	1566
Revised Code, or another political subdivision to allow sale under	1567
that permit between the hours of ten a.m. and midnight on Sunday,	1568
whether or not that sale has been authorized under section	1569
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	1570

(H) If the restriction to licensed premises where the sale of	1571
food and other goods and services exceeds fifty per cent of the	1572
total gross receipts of the permit holder at the premises is	1573
applicable, the division of liquor control may accept an affidavit	1574
from the permit holder to show the proportion of the permit	1575
holder's gross receipts derived from the sale of food and other	1576
goods and services. If the liquor control commission determines	1577
that affidavit to have been false, it shall revoke the permits of	1578
the permit holder at the premises concerned.	1579

(H)(I) The fee for the D-6 permit is two hundred fifty	1580
dollars when it is issued to the holder of an A-1-A, A-2, D-2,	1581
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,	1582
D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6	1583
permit is two hundred dollars when it is issued to the holder of a	1584
C-2 permit.	1585

Sec. 4303.22.  Permit H may be issued for a fee of one	1586
hundred fifty dollars to a carrier by motor vehicle who also holds	1587
a license issued by the public utilities commission to transport	1588
beer, intoxicating liquor, and alcohol, or any of them, in this	1589
state for delivery or use in this state. This section does not	1590
prevent the division of liquor control from contracting with	1591
common or contract carriers for the delivery or transportation of	1592
liquor for the division, and any contract or common carrier so	1593
contracting with the division is eligible for an H permit.	1594
Manufacturers or wholesale distributors of beer or intoxicating	1595
liquor other than spirituous liquor who transport or deliver their	1596
own products to or from their premises licensed under Chapters	1597
this chapter and Chapter 4301. and 4303. of the Revised Code by	1598
their own trucks as an incident to the purchase or sale of such	1599
beverages need not obtain an H permit. Carriers by rail shall	1600
receive suchan H permit upon application thereforfor it.	1601

This section does not prevent the division from issuing, upon	1602
the payment of the permit fee, an H permit to any person,	1603
partnership, firm, or corporation, licensed by any other state to	1604
engage in the business of manufacturing and brewing or producing	1605
beer, malt liquor, wine, and mixed beverages or any person,	1606
partnership, firm, or corporation, licensed by the United States	1607
or any other state to engage in the business of importing beer,	1608
malt liquor, wine, and mixed beverages manufactured outside the	1609
United States. SuchThe manufacturer, brewer, or importer of	1610
products manufactured outside the United States, upon the issuance	1611
of an H permit, may transport, ship, and deliver only its own	1612
products to holders of B-1 or B-5 permits in Ohio in motor trucks	1613
and equipment owned and operated by such class H permit holder. No	1614
H permit shall be issued by the division to such applicant until	1615
the applicant files with the division a liability insurance	1616
certificate or policy satisfactory to the division, in a sum of	1617
not less than one thousand nor more than five thousand dollars for	1618
property damage and for not less than five thousand nor more than	1619
fifty thousand dollars for loss sustained by reason of injury or	1620
death and with such other terms as the division considers	1621
necessary to adequately protect the interest of the public, having	1622
due regard for the number of persons and amount of property	1623
affected. SuchThe certificate or policy shall insure the	1624
manufacturer, brewer, or importer of products manufactured outside	1625
the United States against loss sustained by reason of the death of	1626
or injury to persons, and for loss of or damage to property, from	1627
the negligence of such class H permit holder in the operation of	1628
its motor vehicles or equipment in this state.	1629

Sec. 4303.29.  (A) No permit, other than an H permit, shall	1630
be issued to a firm or partnership unless all the members of said	1631
the firm or partnership are citizens of the United States and a	1632
majority have resided in this state for one year prior to	1633
application for suchthe permit. No permit, other than an H	1634
permit, shall be issued to an individual who is not a citizen of	1635
the United States who has resided in this state for at least one	1636
year prior to application for suchthe permit. No permit, other	1637
than an E or H permit, shall be issued to any corporation	1638
organized under the laws of any country, territory, or state other	1639
than Ohiothis state until it has furnished the division of liquor	1640
control with evidence that it has complied with the laws of this	1641
state relating to the transaction of business in this state.	1642

The division may refuse to issue any permit to or refuse to	1643
renew any permit of any person convicted of any felony that is	1644
reasonably related to the person's fitness to operate a liquor	1645
permit business in this state. No holder of a permit shall sell,	1646
assign, transfer, or pledge suchthe permit, without the written	1647
consent of the division.	1648

(B)(1) No more than one of each type of C or D permits	1649
permit shall be issued to any one person, firm, or corporation in	1650
any county having a population of less than twenty-five thousand,	1651
and no more than one of each type of C or D permitspermit shall	1652
be issued to any one person, firm, or corporation for any	1653
additional twenty-five thousand or major fraction thereof in any	1654
county having a greater population than twenty-five thousand,	1655
provided that, in the case of D-3, D-3a, D-4, and D-5 permits, no	1656
more than one permit shall be issued to any one person, firm, or	1657
corporation in any county having a population of less than fifty	1658
thousand, and no more than one such permit shall be issued to any	1659
one person, firm, or corporation for any additional fifty thousand	1660
or major fraction thereof in any county having a greater	1661
population than fifty thousand.	1662

(2) No D-3 permit shall be issued to any club unless such	1663
the club has been continuously engaged in the activity specified	1664
in section 4303.15 of the Revised Code, as a qualification for	1665
suchthat class of permit, for two years at the time suchthe	1666
permit is issued.	1667

(3)(a) Subject to division (B)(3)(b) of this section, upon	1668
application by properly qualified persons, one C-1 and C-2 permit	1669
shall be issued for each one thousand population or part thereof	1670
of that population, and one D-1 and D-2 permit shall be issued for	1671
each two thousand population or part thereofof that population,	1672
in each municipal corporation and in the unincorporated area of	1673
each township.	1674

Subject to division (B)(3)(b) of this section, not more than	1675
one D-3, D-4, or D-5 permit shall be issued for each two thousand	1676
population, or part thereof,of that population in any municipal	1677
corporation and in the unincorporated area of any township, except	1678
that, in any city of a population of fifty-five thousand or more,	1679
one D-3 permit may be issued for each fifteen hundred population,	1680
or part thereofof that population.	1681

(b) Nothing in division(i) Division (B)(3)(a) of this	1682
section shall be construed todoes not prohibit the transfer of	1683
location or the transfer of ownership and location of a C-1, C-2,	1684
D-1, D-2, D-3, or D-5 permit from a municipal corporation or the	1685
unincorporated area of a township in which the number of permits	1686
of that class exceeds the number of such permits authorized to be	1687
issued under division (B)(3)(a) of this section to an economic	1688
development project located in another municipal corporation or	1689
the unincorporated area of another township in which no additional	1690
permits of that class may be issued to the applicant under	1691
division (B)(3)(a) of this section, but the transfer of location	1692
or transfer of ownership and location of the permit may occur only	1693
if the applicant notifies, in writing and at the time the	1694
application for the transfer of location of the permit is filed,	1695
the municipal corporation or township to which the location of the	1696
permit will be transferred regarding the transfer, and that	1697
municipal corporation or township acknowledges the notification in	1698
writing to the division of liquor control. The applicant is	1699
eligible to apply for and receive the transfer of location of the	1700
permit under division (B)(3)(b) of this section if all permits of	1701
that class that may be issued under division (B)(3)(a) of this	1702
section in the applicable municipal corporation or unincorporated	1703
area of the township have already been issued or if the number of	1704
applications filed for permits of that class in that municipal	1705
corporation or the unincorporated area of that township exceed the	1706
number of permits of that class that may be issued there under	1707
division (B)(3)(a) of this section.	1708

The ownership and location, or the location, of a permit	1709
transferred under division (B)(3)(b) of this section may be	1710
subsequently transferred to a different owner at the same	1711
location, or to a different location in the same municipal	1712
corporation or in the unincorporated area of the same township, as	1713
long as the new permit holder or new location meets the same	1714
economic development project criteria as did the original permit	1715
holder and location.	1716

(ii) Factors that shall be used to determine the designation	1717
of an economic development project include, but are not limited	1718
to, architectural certification of the plans and the cost of the	1719
project, the number of jobs that will be created by the project,	1720
projected earnings of the project, projected tax revenues for the	1721
political subdivisions in which the project will be located, and	1722
the amount of financial investment in the project. The	1723
superintendent of liquor control shall determine whether the	1724
existing or proposed business that is seeking a permit described	1725
in division (B)(3)(b) of this section qualifies as an economic	1726
development project and, if the superintendent determines that it	1727
so qualifies, shall designate the business as an economic	1728
development project.	1729

(4) Nothing in this section shall be construed to restrict	1730
the issuance of a permit to a municipal corporation for use at a	1731
municipally owned airport at which commercial airline companies	1732
operate regularly scheduled flights on which space is available to	1733
the public. A municipal corporation applying for a permit for	1734
such a municipally owned airport is exempt, in regard to that	1735
application, from the population restrictions contained in this	1736
section and from population quota restrictions contained in any	1737
rule of the liquor control commission. A municipal corporation	1738
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a