REPRESENTATIVES Trakas, DePiero, Evans, Husted, Schmidt, Setzer, Sullivan, Seitz, Young

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, 4301.402, 4301.42,

3

4301.47, 4301.54, 4301.55, 4301.62, 4303.01,

4

4303.02, 4303.06, 4303.07, 4303.10, 4303.181,

5

4303.182, 4303.22, 4303.29, 4303.30, 4303.332,

6

4303.35, 4305.01, 4305.03, 4305.04, 4399.09,

7

4399.12, 4399.15, 5733.065, and 5739.02 and to

8

enact section 4303.204 of the Revised Code to

9

change the definition of beer to explicitly include

10

ale, porter, stout, sake, and other fermented

11

beverages brewed or produced from malt or malt

12

substitutes; to exempt the sale of beer and

13

intoxicating liquor at publicly owned golf courses

14

from the effects of local option elections and to

15

allow Sunday liquor sales at these golf courses

16

whether or not those sales have been approved at

17

local option elections; to forbid an employee 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 create the F-4 permit to be issued for

23

certain events coordinated by nonprofit

24

associations and corporations; to make changes in

25

the Open Container Law and the law governing local

26

option elections on beer and liquor sales at a

27

specific premises; and to make other changes in the

28

Liquor Control Law.

29

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

Section 1.  That sections 1333.82, 1502.07, 3719.44, 4301.01,	30
4301.03, 4301.041, 4301.042, 4301.24, 4301.241, 4301.333,	31
4301.355, 4301.365, 4301.402, 4301.42, 4301.47, 4301.54, 4301.55,	32
4301.62, 4303.01, 4303.02, 4303.06, 4303.07, 4303.10, 4303.181,	33
4303.182, 4303.22, 4303.29, 4303.30, 4303.332, 4303.35, 4305.01,	34
4305.03, 4305.04, 4399.09, 4399.12, 4399.15, 5733.065, and 5739.02	35
be amended and section 4303.204 of the Revised Code be enacted to	36
read as follows:	37

Sec. 1333.82.  As used in sections 1333.82 to 1333.87 of the	38
Revised Code:	39

(A) "Alcoholic beverages" means beer, malt beverages, and	40
wine as defined in section 4301.01 of the Revised Code.	41

(B) "Manufacturer" means a person, whether located in this	42
state or elsewhere, who manufactures or supplies alcoholic	43
beverages to distributors in this state.	44

(C) "Distributor" means a person who sells or distributes	45
alcoholic beverages to retail permit holders in the state, but	46
does not include the state or any of its political subdivisions.	47

(D) "Franchise" means a contract or any other legal device	48
used to establish a contractual relationship between a	49
manufacturer and a distributor.	50

(E) "Good faith" means the duty of any party to any	51
franchise, and all officers, employees, or agents of any party to	52
any franchise, to act in a fair and equitable manner toward each	53
other so as to guarantee each party freedom from coercion or	54
intimidation; except that recommendation, endorsement, exposition,	55
persuasion, urging, or argument shall not be considered to	56
constitute a lack of good faith or coercion.	57

(F) "Brand," as applied to wine, means a wine different from	58
any other wine in respect to type, brand, trade name, or container	59
size.	60

(G) "Sales area or territory" means an exclusive geographic	61
area or territory that is assigned to a particular A or B permit	62
holder and that either has one or more political subdivisions as	63
its boundaries or consists of an area of land with readily	64
identifiable geographic boundaries. "Sales area or territory" does	65
not include, however, any particular retail location in an	66
exclusive geographic area or territory that is assigned to another	67
A or B permit holder.	68

Sec. 1502.07.  No person, agency of the state, municipal	70
corporation, county, or township shall sell or offer for sale any	71
beer, malt beverage, or mixed beverages as defined in section	72
4301.01 of the Revised Code, or any soft drink as defined in	73
section 913.22 of the Revised Code, in a metal container that is	74
so designed that it may be opened by removing from the container a	75
part thereofof the container without using a separate opener.	76
However, nothing in this section prohibits the sale or offering	77
for sale of a container the only detachable part of which is a	78
piece of tape or other similar adhesive material.	79

Sec. 3719.44.  (A) Pursuant to this section, and by rule	80
adopted in accordance with Chapter 119. of the Revised Code, the	81
state board of pharmacy may do any of the following with respect	82
to schedules I, II, III, IV, and V established in section 3719.41	83
of the Revised Code:	84

(1) Add a previously unscheduled compound, mixture,	85
preparation, or substance to any schedule;	86

(2) Transfer a compound, mixture, preparation, or substance	87
from one schedule to another, provided the transfer does not have	88
the effect under Chapter 3719. of the Revised Codethis chapter of	89
providing less stringent control of the compound, mixture,	90
preparation, or substance than is provided under the federal drug	91
abuse control laws;	92

(3) Remove a compound, mixture, preparation, or substance	93
from the schedules where the board had previously added the	94
compound, mixture, preparation, or substance to the schedules,	95
provided that the removal shall not have the effect under Chapter	96
3719. of the Revised Codethis chapter of providing less stringent	97
control of the compound, mixture, preparation, or substance than	98
is provided under the federal drug abuse control laws.	99

(B) In making a determination to add, remove, or transfer	100
pursuant to division (A) of this section, the board shall consider	101
the following:	102

(1) The actual or relative potential for abuse;

103

(2) The scientific evidence of the pharmacological effect of	104
the substance, if known;	105

(3) The state of current scientific knowledge regarding the	106
substance;	107

(4) The history and current pattern of abuse;

108

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

109

(6) The risk to the public health;

110

(7) The potential of the substance to produce psychic or	111
physiological dependence liability;	112

(8) Whether the substance is an immediate precursor.

113

(C) The board may add or transfer a compound, mixture,	114
preparation, or substance to schedule I when it appears that there	115
is a high potential for abuse, that it has no accepted medical use	116
in treatment in this state, or that it lacks accepted safety for	117
use in treatment under medical supervision.	118

(D) The board may add or transfer a compound, mixture,	119
preparation, or substance to schedule II when it appears that	120
there is a high potential for abuse, that it has a currently	121
accepted medical use in treatment in this state, or currently	122
accepted medical use in treatment with severe restrictions, and	123
that its abuse may lead to severe physical or severe psychological	124
dependence.	125

(E) The board may add or transfer a compound, mixture,	126
preparation, or substance to schedule III when it appears that	127
there is a potential for abuse less than the substances included	128
in schedules I and II, that it has a currently accepted medical	129
use in treatment in this state, and that its abuse may lead to	130
moderate or low physical or high psychological dependence.	131

(F) The board may add or transfer a compound, mixture,	132
preparation, or substance to schedule IV when it appears that it	133
has a low potential for abuse relative to substances included in	134
schedule III, and that it has a currently accepted medical use in	135
treatment in this state, and that its abuse may lead to limited	136
physical or psychological dependence relative to the substances	137
included in schedule III.	138

(G) The board may add or transfer a compound, mixture,	139
preparation, or substance to schedule V when it appears that it	140
has lower potential for abuse than substances included in schedule	141
IV, and that it has currently accepted medical use in treatment in	142
this state, and that its abuse may lead to limited physical or	143
psychological dependence relative to substances included in	144
schedule IV.	145

(H) Even though a compound, mixture, preparation, or	146
substance does not otherwise meet the criteria in this section for	147
adding or transferring it to a schedule, the board may	148
nevertheless add or transfer it to a schedule as an immediate	149
precursor when all of the following apply:	150

(1) It is the principal compound used, or produced primarily	151
for use, in the manufacture of a controlled substance;.	152

(2) It is an immediate chemical intermediary used or likely	153
to be used in the manufacture of such a controlled substance;.	154

(3) Its control is necessary to prevent, curtail, or limit	155
the manufacture of the scheduled compound, mixture, preparation,	156
or substance of which it is the immediate precursor.	157

(I) Authority to control under this section does not extend	158
to distilled spirits, wine, or malt beveragesbeer, as those terms	159
are defined or used in Chapter 4301. of the Revised Code.	160

(J) Authority to control under this section does not extend	161
to any nonnarcotic substance if suchthe substance may, under the	162
Federal Food, Drug, and Cosmetic Act and the laws of this state,	163
be lawfully sold over the counter without a prescription. Should	164
If a pattern of abuse developdevelops for any nonnarcotic drug	165
sold over the counter, the board may, by rule adopted in	166
accordance with Chapter 119. of the Revised Code, after a public	167
hearing and a documented study to determine that the substance	168
actually meets the criteria listed in division (B) of this	169
section, place suchthe abused substance on a controlled substance	170
schedule.	171

(K)(1) A drug product containing ephedrine that is known as	172
one of the following and is in the form specified shall not be	173
considered a schedule V controlled substance:	174

(a) Amesec capsules;

175

(b) Bronitin tablets;

176

(c) Bronkotabs;

177

(d) Bronkolixir;

178

(e) Bronkaid tablets;

179

(f) Efedron nasal jelly;

180

(g) Guiaphed elixir;

181

(h) Haysma;

182

(i) Pazo hemorrhoid ointment and suppositories;

183

(j) Primatene "M" formula tablets;

184

(k) Primatene "P" formula tablets;

185

(l) Tedrigen tablets;

186

(m) Tedral tablets, suspension and elixir;

187

(n) T.E.P.;

188

(o) Vatronol nose drops.

189

(2)(a) A product containing ephedrine shall not be	190
considered a controlled substance if the product is a food product	191
or dietary supplement that meets all of the following criteria:	192

(i) It contains, per dosage unit or serving, not more than	193
the lesser of twenty-five milligrams of ephedrine alkaloids or the	194
maximum amount of ephedrine alkaloids provided in applicable	195
regulations adopted by the United States food and drug	196
administration, and no other controlled substance.	197

(ii) It contains no hydrochloride or sulfate salts of	198
ephedrine alkaloids.	199

(iii) It is packaged with a prominent label securely affixed	200
to each package that states all of the following: the amount in	201
milligrams of ephedrine in a serving or dosage unit; the amount of	202
the food product or dietary supplement that constitutes a serving	203
or dosage unit; that the maximum recommended dosage of ephedrine	204
for a healthy adult human is the lesser of one hundred milligrams	205
in a twenty-four-hour period for not more than twelve weeks or the	206
maximum recommended dosage or period of use provided in applicable	207
regulations adopted by the United States food and drug	208
administration; and that improper use of the product may be	209
hazardous to a person's health.	210

(b)(i) Subject to division (K)(2)(b)(ii) of this section, no	211
person shall dispense, sell, or otherwise give a product described	212
in division (K)(2)(a) of this section to any individual under	213
eighteen years of age.	214

(ii) Division (K)(2)(b)(i) of this section does not apply to	215
a physician or pharmacist who dispenses, sells, or otherwise gives	216
a product described in division (K)(2)(a) of this section to an	217
individual under eighteen years of age, to a parent or guardian of	218
an individual under eighteen years of age who dispenses, sells, or	219
otherwise gives a product of that nature to the individual under	220
eighteen years of age, or to a person who, as authorized by the	221
individual's parent or legal guardian, dispenses, sells, or	222
otherwise gives a product of that nature to an individual under	223
eighteen years of age.	224

(c) No person in the course of selling, offering for sale,	225
or otherwise distributing a product described in division	226
(K)(2)(a) of this section shall advertise or represent in any	227
manner that the product causes euphoria, ecstasy, a "buzz" or	228
"high," or an altered mental state; heightens sexual performance;	229
or, because it contains ephedrine alkaloids, increased muscle	230
mass.	231

(3) A drug product that contains the isomer pseudoephedrine,	232
or any of its salts, optical isomers, or salts of optical isomers,	233
shall not be considered a controlled substance if the drug product	234
is labeled in a manner consistent with federal law or with the	235
product's over-the-counter tentative final monograph or final	236
monograph issued by the United States food and drug	237
administration.	238

(4) At the request of any person, the board may except any	239
product containing ephedrine not described in division (K)(1) or	240
(2) of this section or any class of products containing ephedrine	241
from being included as a schedule V controlled substance if it	242
determines that the product or class of products does not contain	243
any other controlled substance. The board shall make the	244
determination in accordance with this section and by rule adopted	245
in accordance with Chapter 119. of the Revised Code.	246

(L) As used in this section:

247

(1) "Food" has the same meaning as in section 3715.01 of the	248
Revised Code;.	249

(2) "Dietary supplement" has the same meaning givenas in the	250
"Federal Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21	251
U.S.C.A. 321 (ff), as amended.	252

(3) "Ephedrine alkaloids" means ephedrine, pseudoephedrine,	253
norephedrine, norpseudoephedrine, methylephedrine, and	254
methylpseudoephedrine.	255

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

256

(1) "Intoxicating liquor" and "liquor" include all liquids	257
and compounds, other than beer, containing one-half of one per	258
cent or more of alcohol by volume which are fit to use for	259
beverage purposes, from whatever source and by whatever process	260
produced, by whatever name called, and whether the samethey are	261
medicated, proprietary, or patented. "Intoxicating liquor" and	262
"liquor" include wine even if it contains less than four per cent	263
of alcohol by volume, mixed beverages even if they contain less	264
than four per cent of alcohol by volume, cider, alcohol, and all	265
solids and confections which contain any alcohol.	266

(2) Except as used in sections 4301.01 to 4301.20, 4301.22	267
to 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of	268
the Revised Code, "sale" and "sell" include exchange, barter,	269
gift, offer for sale, sale, distribution and delivery of any kind,	270
and the transfer of title or possession of beer and intoxicating	271
liquor either by constructive or actual delivery by any means or	272
devices whatever, including the sale of beer or intoxicating	273
liquor by means of a controlled access alcohol and beverage	274
cabinet pursuant to section 4301.21 of the Revised Code. "Sale"	275
and "sell" do not include the mere solicitation of orders for beer	276
or intoxicating liquor from the holders of permits issued by the	277
division of liquor control authorizing the sale of the beer or	278
intoxicating liquor, but no solicitor shall solicit any such	279
orders until the solicitor has been registered with the division	280
pursuant to section 4303.25 of the Revised Code.	281

(3) "Vehicle" includes all means of transportation by land,	282
by water, or by air, and everything made use of in any way for	283
such transportation.	284

(B) As used in sections 4301.01 to 4301.74 of the Revised	285
Codethis chapter:	286

(1) "Alcohol" means ethyl alcohol, whether rectified or	287
diluted with water or not, whatever its origin may be, and	288
includes synthetic ethyl alcohol. "Alcohol" does not include	289
denatured alcohol and wood alcohol.	290

(2) "Beer," "malt liquor," or "malt beverages" includes all	291
brewed ormeans beer, ale, porter, stout, and other similar	292
fermented malt products containingbeverages, including sake or	293
similar products, of any name or description, that contain	294
one-half of one per cent or more, but not more than twelve per	295
cent, of alcohol by volume but not more than six per cent of	296
alcohol by weightand that are brewed or produced from malt,	297
wholly or in part, or from any product used as a substitute for	298
malt.	299

(3) "Wine" includes all liquids fit to use for beverage	300
purposes containing not less than one-half of one per cent of	301
alcohol by volume and not more than twenty-one per cent of alcohol	302
by volume, which is made from the fermented juices of grapes,	303
fruits, or other agricultural products, except that as used in	304
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the	305
Revised Code, and, for purposes of determining the rate of the tax	306
that applies, division (B) of section 4301.43 of the Revised Code,	307
"wine" does not include cider.	308

(4) "Mixed beverages," such as bottled and prepared cordials,	309
cocktails, and highballs, are products obtained by mixing any type	310
of whiskey, neutral spirits, brandy, gin, or other distilled	311
spirits with, or over, carbonated or plain water, pure juices from	312
flowers and plants, and other flavoring materials. The completed	313
product shall contain not less than one-half of one per cent of	314
alcohol by volume and not more than twenty-one per cent of alcohol	315
by volume.	316

(5) "Spirituous liquor" includes all intoxicating liquors	317
containing more than twenty-one per cent of alcohol by volume.	318

(6) "Sealed container" means any container having a capacity	319
of not more than one hundred twenty-eight fluid ounces, the	320
opening of which is closed to prevent the entrance of air.	321

(7) "Person" includes firms and corporations.

322

(8) "Manufacture" includes all processes by which beer or	323
intoxicating liquor is produced, whether by distillation,	324
rectifying, fortifying, blending, fermentation, or brewing, or in	325
any other manner.	326

(9) "Manufacturer" means any person engaged in the business	327
of manufacturing beer or intoxicating liquor.	328

(10) "Wholesale distributor" and "distributor" means a person	329
engaged in the business of selling to retail dealers for purposes	330
of resale.	331

(11) "Hotel" has the same meaning as in section 3731.01 of	332
the Revised Code, subject to the exceptions mentioned in section	333
3731.03 of the Revised Code.	334

(12) "Restaurant" means a place located in a permanent	335
building provided with space and accommodations wherein, in	336
consideration of the payment of money, hot meals are habitually	337
prepared, sold, and served at noon and evening, as the principal	338
business of the place. "Restaurant" does not include pharmacies,	339
confectionery stores, lunch stands, night clubs, and filling	340
stations.	341

(13) "Club" means a corporation or association of individuals	342
organized in good faith for social, recreational, benevolent,	343
charitable, fraternal, political, patriotic, or athletic purposes,	344
which is the owner, lessor, or occupant of a permanent building or	345
part of a permanent building operated solely for those purposes,	346
membership in which entails the prepayment of regular dues, and	347
includes the place so operated.	348

(14) "Night club" means a place operated for profit, where	349
food is served for consumption on the premises and one or more	350
forms of amusement are provided or permitted for a consideration	351
that may be in the form of a cover charge or may be included in	352
the price of the food and beverages, or both, purchased by	353
patrons.	354

(15) "At retail" means for use or consumption by the	355
purchaser and not for resale.	356

(16) "Pharmacy" means an establishment, as defined in section	357
4729.01 of the Revised Code, that is under the management or	358
control of a licensed pharmacist in accordance with section	359
4729.27 of the Revised Code.	360

(17) "Enclosed shopping center" means a group of retail sales	361
and service business establishments that face into an enclosed	362
mall, share common ingress, egress, and parking facilities, and	363
are situated on a tract of land that contains an area of not less	364
than five hundred thousand square feet. "Enclosed shopping	365
center" also includes not more than one business establishment	366
that is located within a free-standing building on such a tract of	367
land, so long as the sale of beer and intoxicating liquor on the	368
tract of land was approved in an election held under former	369
section 4301.353 of the Revised Code.	370

(18) "Controlled access alcohol and beverage cabinet" means a	371
closed container, either refrigerated, in whole or in part, or	372
nonrefrigerated, access to the interior of which is restricted by	373
means of a device that requires the use of a key, magnetic card,	374
or similar device and from which beer, intoxicating liquor, other	375
beverages, or food may be sold.	376

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

377

(a) Any convention, sports, or entertainment facility or	378
complex, or any combination of these, that is used by or	379
accessible to the general public and that is owned or operated in	380
whole or in part by the state, a state agency, or a political	381
subdivision of the state or that is leased from, or located on	382
property owned by or leased from, the state, a state agency, a	383
political subdivision of the state, or a convention facilities	384
authority created pursuant to section 351.02 of the Revised Code;	385

(b) An area designated as a community entertainment district	386
pursuant to section 4301.80 of the Revised Code.	387

(20) "Low-alcohol beverage" means any brewed or fermented	388
malt product, or any product made from the fermented juices of	389
grapes, fruits, or other agricultural products, that contains	390
either no alcohol or less than one-half of one per cent of alcohol	391
by volume. The beverages described in division (B)(20) of this	392
section do not include a soft drink such as root beer, birch beer,	393
or ginger beer.	394

(21) "Cider" means all liquids fit to use for beverage	395
purposes that contain one-half of one per cent of alcohol by	396
volume, but not more than six per cent of alcohol by weight, and	397
that are made through the normal alcoholic fermentation of the	398
juice of sound, ripe apples, including, without limitation,	399
flavored, sparkling, or carbonated cider and cider made from pure	400
condensed apple must.	401

(22) "Sales area or territory" means an exclusive geographic	402
area or territory that is assigned to a particular A or B permit	403
holder and that either has one or more political subdivisions as	404
its boundaries or consists of an area of land with readily	405
identifiable geographic boundaries. "Sales area or territory" does	406
not include, however, any particular retail location in an	407
exclusive geographic area or territory that is assigned to another	408
A or B permit holder.	409

Sec. 4301.03.  The liquor control commission may adopt and	410
promulgate, repeal, rescind, and amend, in the manner required by	411
this section, rules, standards, requirements, and orders necessary	412
to carry out Chapters 4301.this chapter and Chapter 4303. of the	413
Revised Code, but all rules of the board of liquor control which	414
were in effect immediately prior to April 17, 1963, shall remain	415
in full force and effect as rules of the liquor control commission	416
until and unless amended or repealed by the liquor control	417
commission. The rules of the commission may include the	418
following:	419

(A) Rules with reference to applications for and the	420
issuance of permits for the manufacture, distribution,	421
transportation, and sale of beer and intoxicating liquor, and the	422
sale of alcohol; and rules governing the procedure of the division	423
of liquor control in the suspension, revocation, and cancellation	424
of suchthose permits;	425

(B) Rules and orders providing in detail for the conduct of	426
any retail business authorized under permits issued pursuant to	427
such chaptersthis chapter and Chapter 4303. of the Revised Code,	428
with a view to ensuring compliance with suchthose chapters and	429
laws relative theretoto them, and the maintenance of public	430
decency, sobriety, and good order in any place licensed under such	431
the permits. No rule or order shall prohibit the sale of lottery	432
tickets issued pursuant to Chapter 3770. of the Revised Code by	433
any retail business authorized under permits issued pursuant to	434
suchthat chapter.	435

No rule or order shall prohibit pari-mutuel wagering on	436
simulcast horse races at a satellite facility that has been issued	437
a D liquor permit under Chapter 4303. of the Revised Code. No	438
rule or order shall prohibit a charitable organization that holds	439
a D-4 permit from selling or serving beer or intoxicating liquor	440
under its permit in a portion of its premises merely because that	441
portion of its premises is used at other times for the conduct of	442
a charitable bingo game. However, such an organization shall not	443
sell or serve beer or intoxicating liquor or permit beer or	444
intoxicating liquor to be consumed or seen in the same location in	445
its premises where a charitable bingo game is being conducted	446
while the game is being conducted. As used in this division,	447
"charitable organization" has the same meaning as in division (H)	448
of section 2915.01 of the Revised Code, and "charitable bingo	449
game" has the same meaning as in division (R) of that section	450
2915.01 of the Revised Code. No rule or order pertaining to	451
visibility into the premises of a permit holder after the legal	452
hours of sale shall be adopted or maintained by the commission.	453

(C) Standards, not in conflict with those prescribed by any	454
law of this state or the United States, to secure the use of	455
proper ingredients and methods in the manufacture of beer, malt	456
liquor, mixed beverages, and wine to be sold within this state;	457

(D) Rules determining the nature, form, and capacity of all	458
packages and bottles to be used for containing beer or	459
intoxicating liquor except for spirituous liquor to be kept or	460
sold, governing the form of all seals and labels to be used	461
thereonon those packages and bottles, and requiring the label on	462
every package, bottle, and container to state the ingredients in	463
the contents and, except on malt beveragesbeer, the terms of	464
weight, volume, or proof spirits, and whether the same is beer,	465
wine, alcohol, or any intoxicating liquor except for spirituous	466
liquor;	467

(E) Uniform rules governing all advertising with reference	468
to the sale of beer and intoxicating liquor throughout the state	469
and advertising upon and in the premises licensed for the sale of	470
beer or intoxicating liquor;	471

(F) Rules restricting and placing conditions upon the	472
transfer of permits;	473

(G) Rules and orders limiting the number of permits of any	474
class within the state or within any political subdivision of the	475
state; and, for suchthat purpose, adopting reasonable	476
classifications of persons or establishments to which any	477
authorized class of permits may be issued within any such	478
political subdivision;	479

(H) Rules and orders with reference to sales of beer and	480
intoxicating liquor on Sundays and holidays and with reference to	481
the hours of the day during which and the persons to whom	482
intoxicating liquor of any class may be sold, and rules with	483
reference to the manner of sale;	484

(I) Rules requiring permit holders buying beer and malt	485
beverages to pay and permit holders selling beer and malt	486
beverages to collect minimum cash deposits for kegs, cases,	487
bottles, or other returnable containers of suchthe beer and malt	488
beverages; requiring the repayment, or credit therefor, of such	489
the minimum cash deposit charges upon the return of suchthe empty	490
containers,; and requiring the posting of such form of indemnity	491
or such other conditions with respect to the charging, collection,	492
and repayment of minimum cash deposit charges for returnable	493
containers of beer or malt beverages as are necessary to ensure	494
the return of suchthe empty containers or the repayment upon such	495
that return of the minimum cash deposits paid therefor.;	496

(J) Rules establishing the method by which alcohol products	497
may be imported for sale by wholesale distributors and the method	498
by which manufacturers and suppliers may sell alcohol products to	499
wholesale distributors.	500

Every rule, standard, requirement, or order of the	501
commission, and every repeal, amendment, or rescission thereofof	502
them shall be posted for public inspection in the principal office	503
of the commission and the principal office of the division of	504
liquor control, and a certified copy thereofof them shall be	505
filed in the office of the secretary of state. An order applying	506
only to persons named thereinin it shall be served on the persons	507
affected by personal delivery of a certified copy, or by mailing	508
sucha certified copy to each person affected thereby,by it or,	509
in the case of a corporation, to any officer or agent thereofof	510
the corporation upon whom a service of summons may be served in a	511
civil action. The posting and filing required by this section	512
constitutes sufficient notice to all persons affected by such rule	513
or order which is not required to be served. General rules of the	514
commission promulgated pursuant to this section shall be published	515
in such athe manner as the commission determines.	516

Sec. 4301.041.  The liquor control commission may determine	517
and fix by regulationrule the minimum percentage mark-up for	518
sales at retail of beer, lager beer, ale, stout, porter, or any	519
other brewed or malt liquor or malt beverages, whether in case lot	520
or less.	521

To determine the retail price of such productsbeer, the	522
minimum percentage mark-up may be applied to the wholesale price	523
of the manufacturer or wholesale distributor charged to the retail	524
permit holder. Such prices shall apply to sales made at retail by	525
a permit holder for off-premise consumption only.	526

Sec. 4301.042.  The liquor control commission may adopt,	527
repeal, and amend rules providing for and controlling pricing	528
practices and the manner and frequency with which any person sets	529
or changes prices at which beer and other malt beverages areis	530
sold to or by the holders of B-1 permits, but the commission shall	531
not set prices or markups between manufacturers or other suppliers	532
and the holders of B-1 permits.	533

Sec. 4301.24.  No manufacturer shall aid or assist the holder	534
of any permit for sale at wholesale, and no manufacturer or	535
wholesale distributor shall aid or assist the holder of any permit	536
for sale at retail, by gift or loan of any money or property of	537
any description or other valuable thing, or by giving premiums or	538
rebates. No holder of any such permit shall accept the same,	539
provided that the manufacturer or wholesale distributor may	540
furnish to a retail permittee the inside signs or advertising and	541
the tap signs or devices authorized by divisions (F) and (G) of	542
section 4301.22 of the Revised Code.	543

No manufacturer shall have any financial interest, directly	544
or indirectly, by stock ownership, or through interlocking	545
directors in a corporation, or otherwise, in the establishment,	546
maintenance, or promotion in the business of any wholesale	547
distributor. No retail permit holder shall have any interest,	548
directly or indirectly, in the operation of, or any ownership in,	549
the business of any wholesale distributor or manufacturer.	550

No manufacturer or wholesale distributor shall, except as	551
authorized by section 4303.021 of the Revised Code, have any	552
financial interest, directly or indirectly, by stock ownership, or	553
through interlocking directors in a corporation, or otherwise, in	554
the establishment, maintenance, or promotion of the business of	555
any retail dealer; nor shall any. No wholesale distributor or	556
employee of a wholesale distributor shall have any financial	557
interest, directly or indirectly, by stock ownership, interlocking	558
directors in a corporation, or otherwise, in the establishment,	559
maintenance, or promotion of the business of any retail dealer. No	560
manufacturer or wholesale distributor or any stockholder of a	561
manufacturer or wholesale distributor shall acquire, by ownership	562
in fee, leasehold, mortgage, or otherwise, directly or indirectly,	563
any interest in the premises on which the business of any other	564
person engaged in the business of trafficking in beer or	565
intoxicating liquor is conducted. All contracts, covenants,	566
conditions, and limitations whereby any person engaged or	567
proposing to engage in the sale of beer or intoxicating liquors	568
promises to confine the person's sales of a particular kind or	569
quality of beer or intoxicating liquor to one or more products, or	570
the products of a specified manufacturer or wholesale distributor,	571
or to give preference to those products, shall to the extent of	572
that promise be void. The making of a promise in any such form	573
shall be cause for the revocation or suspension of any permit	574
issued to any party. This section does not prevent the holder of	575
an A permit from securing and holding a wholesale distributor's	576
permit or permits and operating as a wholesale distributor.	577

No manufacturer shall sell or offer to sell to any wholesale	578
distributor or retail permit holder, and no wholesale distributor	579
shall sell or offer to sell to any retail permit holder, and no	580
wholesale distributor or retail permit holder shall purchase or	581
receive from any manufacturer or wholesale distributor, any malt	582
orbeer, brewed beverages, or wine manufactured in the United	583
States except for cash. No right of action shall exist to collect	584
any claims for credit extended contrary to this section. This	585
section does not prohibit a licensee from crediting to a purchaser	586
the actual prices charged for packages or containers returned by	587
the original purchaser as a credit on any sale or from refunding	588
to any purchaser the amount paid by that purchaser for containers	589
or as a deposit on containers when title is retained by the	590
vendor, if those containers or packages have been returned to the	591
manufacturer or distributor. This section does not prohibit a	592
manufacturer from extending usual and customary credit for malt or	593
beer, brewed beverages, or wine manufactured in the United States	594
and sold to customers who live or maintain places of business	595
outside this state when the beverages so sold are actually	596
transported and delivered to points outside this state. No	597
wholesale or retail permit shall be issued to an applicant unless	598
the applicant has paid in full all accounts for beer and malt	599
beverages or wine, manufactured in the United States, outstanding	600
as of September 6, 1939. No beer or malt beverages or wine	601
manufactured in the United States shall be imported into the state	602
unless the beer or malt beverages or wine has been paid for in	603
cash, and no consent to import any such beer or malt beverages or	604
wine manufactured in the United States shall be issued by the	605
division of liquor control until the A-2, B-1, or B-5 permit	606
holder establishes to the satisfaction of the division that the	607
beer or malt beverages or wine has been paid for in cash.	608

This section does not prevent a manufacturer from securing	609
and holding any financial interest, directly or indirectly, by	610
stock ownership or through interlocking directors in a	611
corporation, or otherwise, in the establishment, maintenance, or	612
promotion of the business or premises of any C or D permit holder,	613
provided that the following conditions are met:	614

(A) Either the manufacturer or one of its parent companies	615
is listed on a national securities exchange.	616

(B) All purchases of alcoholic beverages by the C or D	617
permit holder are made from wholesale distributors in this state	618
or agency stores licensed by the division of liquor control.	619

(C) If the C or D permit holder sells brands of alcoholic	620
beverages that are produced or distributed by the manufacturer	621
that holds the financial interest, the C or D permit holder also	622
sells other competing brands of alcoholic beverages produced by	623
other manufacturers, no preference is given to the products of the	624
manufacturer, and there is no exclusion, in whole or in part, of	625
products sold or offered for sale by other manufacturers,	626
suppliers, or importers of alcoholic beverages that constitutes a	627
substantial impairment of commerce.	628

(D) The primary purpose of the C or D permit premises is a	629
purpose other than to sell alcoholic beverages, and the sale of	630
other goods and services exceeds fifty per cent of the total gross	631
receipts of the C or D permit holder at its premises.	632

This section does not prevent a manufacturer from giving	633
financial assistance to the holder of a B permit for the purpose	634
of the holder purchasing an ownership interest in the business,	635
existing inventory and equipment, or property of another B permit	636
holder, including, but not limited to, participation in a limited	637
liability partnership, limited liability company, or any other	638
legal entity authorized to do business in this state. This section	639
does not permit a manufacturer to give financial assistance to the	640
holder of a B permit to purchase inventory or equipment used in	641
the daily operation of a B permit holder.	642

Sec. 4301.241.  Notwithstanding section 4303.06 of the	643
Revised Code, each manufacturer and supplier of beer and malt	644
beverages shall assign to each of the manufacturer's or	645
supplier's B-1 distributors a sales area or territory within	646
which each such B-1 permit holder shall be the distributor of the	647
brand or brands of the manufacturer or supplier, provided that,	648
if the manufacturer or supplier manufactures or supplies more	649
than one brand of beer and malt beverage, the manufacturer or	650
supplier may assign sales areas or territories to additional B-1	651
distributors for the distribution and sale of the additional brand	652
or brands, so long as not more than one distributor distributes	653
the same brand or brands within the same sales area or territory.	654
No B-1 distributor shall distribute a specific brand of beer or	655
malt beverage in any area or territory other than the area or	656
territory assigned to the distributor.	657

Sec. 4301.333.  (A) The privilege of local option conferred	658
by section 4301.323 of the Revised Code may be exercised if, not	659
later than four p.m. of the seventy-fifth day before the day of a	660
general or primary election, a petition is presented to the board	661
of elections of the county in which the precinct is situated by a	662
petitioner who is one of the following:	663

(1) An applicant for the issuance or transfer of a liquor	664
permit at, or to, a particular location within the precinct;	665

(2) The holder of a liquor permit at a particular location	666
within the precinct;	667

(3) A person who operates or seeks to operate a liquor	668
agency store at a particular location within the precinct;	669

(4) The designated agent for an applicant, liquor permit	670
holder, or liquor agency store described in division (A)(1), (2),	671
or (3) of this section.	672

(B) The petition shall be signed by the electors of the	673
precinct equal in number to at least thirty-five per cent of the	674
total number of votes cast in the precinct for the office of	675
governor at the preceding general election for that office and	676
shall contain all of the following:	677

(1) A notice that the petition is for the submission of the	678
question or questions set forth in section 4301.355 of the	679
Revised Code;	680

(2) The name of the applicant for the issuance or transfer,	681
or the holder, of the liquor permit or, if applicable, the name of	682
the liquor agency store, including any trade or fictitious names	683
under which the applicant, holder, or liquor agency store either	684
intends to do or does business at the particular location;	685

(3) The address and proposed use of the particular location	686
within the election precinct to which the results of the question	687
or questions specified in section 4301.355 of the Revised Code	688
shall apply. For purposes of this division, "use" means all of	689
the following:	690

(a) The type of each liquor permit applied for by the	691
applicant or held by the liquor permit holder as described in	692
sections 4303.11 to 4303.183 of the Revised Code, including a	693
description of the type of beer or intoxicating liquor sales	694
authorized by each permit as provided in those sections;	695

(b) If a liquor agency store, the fact that the business	696
operated as a liquor agency store authorized to operate by this	697
state;	698

(c) A description of the general nature of the business of	699
the applicant, liquor permit holder, or liquor agency store.	700

(4) If the petition seeks approval of Sunday sales under	701
question (B)(2) as set forth in section 4301.355 of the Revised	702
Code, a statement indicating whether the hours of sale sought are	703
between ten a.m. and midnight or between one p.m. and midnight.	704

(C)(1) At the time the petitioner files the petition with	705
the board of elections, the petitioner shall provide to the board	706
both of the following:	707

(a) An affidavit that is signed by the petitioner and that	708
states the proposed use of the location following the election	709
held to authorize the sale of beer or intoxicating liquor	710
authorized by each permit as provided in sections 4303.11 to	711
4303.183 of the Revised Code;	712

(b) Written evidence of the designation of an agent by the	713
applicant, liquor permit holder, or liquor agency store described	714
in division (A)(1), (2), or (3) of this section for the purpose of	715
petitioning for the local option election, if the petitioner is	716
the designated agent of the applicant, liquor permit holder, or	717
liquor agency store.	718

(2) Failure to supply the affidavit, or the written evidence	719
of the designation of the agent if the petitioner for the local	720
option election is the agent of the applicant, liquor permit	721
holder, or liquor agency store described in division (A)(1), (2),	722
or (3) of this section, at the time the petition is filed	723
invalidates the entire petition.	724

(D) Not later than the sixty-sixth day before the day of the	725
next general or primary election, whichever occurs first, the	726
board shall examine and determine the sufficiency of the	727
signatures and the validity of the petition. If the board finds	728
that the petition contains sufficient signatures and in other	729
respects is valid, it shall order the holding of an election in	730
the precinct on the day of the next general or primary election,	731
whichever occurs first, for the submission of the question or	732
questions set forth in section 4301.355 of the Revised Code.	733

(E) A petition filed with the board of elections under this	734
section shall be open to public inspection under rules adopted by	735
the board.	736

(F) An elector who is eligible to vote on the question or	737
questions set forth in section 4301.355 of the Revised Code may	738
file, not later than four p.m. of the sixty-fourth day before the	739
day of the election at which the question or questions will be	740
submitted to the electors, a protest against a local option	741
petition circulated and filed pursuant to this section. The	742
protest shall be in writing and shall be filed with the election	743
officials with whom the petition was filed. Upon the filing of	744
the protest, the election officials with whom it is filed shall	745
promptly establish a time and place for hearing the protest and	746
shall mail notice of the time and place for the hearing to the	747
applicant for, or the holder of, the liquor permit who is	748
specified in the petition and to the elector who filed the	749
protest. At the time and place established in the notice, the	750
election officials shall hear the protest and determine the	751
validity of the petition.	752

Sec. 4301.355.  (A) If a petition is filed under section	753
4301.333 of the Revised Code for the submission of the question or	754
questions set forth in this section, it shall be held in the	755
precinct as ordered by the board of elections under that section.	756
The expense of holding the election shall be charged to the	757
municipal corporation or township of which the precinct is a part.	758

(B) At the election, one or more of the following questions,	759
as designated in a valid petition, shall be submitted to the	760
electors of the precinct:	761

(1) "Shall the sale of ........ (insert beer, wine and mixed	762
beverages, or intoxicating liquor) be permitted by.......(insert	763
name of applicant, liquor permit holder, or liquor agency store,	764
including trade or fictitious name under which applicant for, or	765
holder of, liquor permit or liquor agency store either intends to	766
do, or does, business at the particular location), an .........	767
(insert "applicant for" or "holder of" or "operator of") a	768
........(insert class name of liquor permit or permits followed by	769
the words "liquor permit(s)" or, if appropriate, the words "liquor	770
agency store for the State of Ohio"), who is engaged in the	771
business of .......(insert general nature of the business in which	772
applicant or liquor permit holder is engaged or will be engaged	773
in at the particular location, as described in the petition) at	774
............(insert address of the particular location within the	775
precinct as set forth in the petition) in this precinct?"	776

(2) "Shall the sale of ........ (insert beer, wine and mixed	777
beverages, or intoxicating liquor) be permitted for sale on Sunday	778
between the hours of ........ (insert "ten a.m. and midnight" or	779
"one p.m. and midnight") by ........ (insert name of applicant,	780
liquor permit holder, or liquor agency store, including trade or	781
fictitious name under which applicant for, or holder of, liquor	782
permit or liquor agency store either intends to do, or does,	783
business at the particular location), an ......(insert "applicant	784
for a D-6 liquor permit," "holder of a D-6 liquor permit,"	785
"applicant for or holder of an A-1-A, A-2, C-1, C-2x, D-1, D-2x,	786
D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f, D-5g, D-5h, D-5i,	787
D-5j, D-5k, or D-7 liquor permit," if only the approval of beer	788
sales is sought, or "liquor agency store") who is engaged in the	789
business of ...........(insert general nature of the business in	790
which applicant or liquor permit holder is engaged or will be	791
engaged in at the particular location, as described in the	792
petition) at......... (insert address of the particular location	793
within the precinct) in this precinct?"	794

(C) If the sale of beer, wine and mixed beverages, or	795
intoxicating liquor has been approved at a particular location	796
within the precinct at a previous election held under this	797
section, the ballot also shall include the following statement:	798

"At a previous election held under section 4301.355 of the	799
Revised Code, the electors approved the sale of ....... (insert	800
beer, wine and mixed beverages, or intoxicating liquor, as	801
appropriate) at ........(insert business name and address of the	802
particular location or locations within the precinct where such	803
that sale has been approved at a previous election under section	804
4301.355 of the Revised Code)."	805

(D) The board of elections shall furnish printed ballots at	806
the election as provided under section 3505.06 of the Revised	807
Code, except that a separate ballot shall be used for the election	808
under this section. The question and, if applicable, the	809
statement set forth in this section shall be printed on each	810
ballot, and the board shall insert in the question and statement	811
appropriate words to complete each. Votes shall be cast as	812
provided under section 3505.06 of the Revised Code.	813

Sec. 4301.365. (A) If a majority of the electors in a	814
precinct vote "yes" on questions (B)(1) and (2) as set forth in	815
section 4301.355 of the Revised Code, the sale of beer, wine and	816
mixed beverages, or intoxicating liquor, whichever was the subject	817
of the election, shall be allowed at the particular location and	818
for the use, and during the hours on Sunday, specified in the	819
questionquestions under each permit applied for by the petitioner	820
or at the address listed for the liquor agency store subject only	821
to Chapters 4301. and 4303. of the Revised Code. Failure to	822
continue to use the particular location for any proposed or stated	823
use set forth in the petition shall constitute good causeis	824
grounds for the denial of a renewal of the liquor permit under	825
division (A) of section 4303.271 of the Revised Code or causeis	826
grounds for the nonrenewal or cancellation of the liquor agency	827
store contract by the division of liquor control, except in the	828
case where the liquor permit holder or liquor agency store decides	829
to cease the sale of beer, wine and mixed beverages, or	830
intoxicating liquor, whichever was the subject of the election, on	831
Sundays.	832

(B) If a majority of the electors in a precinct vote "yes"	833
on question (B)(1) and "no" on question (B)(2) as set forth in	834
section 4301.355 of the Revised Code, the sale of beer, wine and	835
mixed beverages, or intoxicating liquor, whichever was the subject	836
of the election, shall be allowed at the particular location for	837
the use specified in question (B)(1) of section 4301.355 of the	838
Revised Code and under each permit applied for by the petitioner,	839
except for a D-6 permit, subject only to Chapters 4301. and 4303.	840
of the Revised Code.	841

(C) If a majority of the electors in a precinct vote "no" on	842
question (B)(1) as set forth in section 4301.355 of the Revised	843
Code, no sales of beer, wine and mixed beverages, or intoxicating	844
liquor, whichever was the subject of the election, shall be	845
allowed at the particular location for the use specified in the	846
petition during the period the election is in effect as defined in	847
section 4301.37 of the Revised Code.	848

(D) If a majority of the electors in a precinct vote only on	849
question (B)(2) as set forth in section 4301.355 of the Revised	850
Code and that vote results in a majority "yes" vote, sales of	851
beer, wine and mixed beverages, or intoxicating liquor, whichever	852
was the subject of the election, shall be allowed at the	853
particular location for the use and during the hours specified in	854
the petition on Sunday during the period the election is in effect	855
as defined in section 4301.37 of the Revised Code.	856

(E) If a majority of the electors in a precinct vote only on	857
question (B)(2) as set forth in section 4301.355 of the Revised	858
Code and that vote results in a majority "no" vote, no sales of	859
beer, wine and mixed beverages, or intoxicating liquor, whichever	860
was the subject of the election, shall be allowed at the	861
particular location for the use and during the hours specified in	862
the petition on Sunday during the period the election is in effect	863
as defined in section 4301.37 of the Revised Code.	864

(F) In case of elections in the same precinct for the	865
question or questions set forth in section 4301.355 of the Revised	866
Code and for a question or questions set forth in section 4301.35,	867
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised	868
Code, the results of the election held on the question or	869
questions set forth in section 4301.355 of the Revised Code shall	870
apply to the particular location notwithstanding the results of	871
the election held on the question or questions set forth in	872
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14	873
of the Revised Code.	874

(G) Sections 4301.32 to 4301.41 of the Revised Code do not	875
prohibit the transfer of ownership of a permit that was issued to	876
a particular location as the result of an election held on sales	877
of beer, wine and mixed beverages, or intoxicating liquor at that	878
particular location as long as the general nature of the business	879
at that particular location described in the petition for that	880
election remains the same after the transfer.	881

Sec. 4301.402.  Sections 4301.32 to 4301.391, 4301.41, and	882
4305.14 of the Revised Code and the provisions for local option	883
elections and the election on the question of the repeal of	884
Section 9 of Article XV, Ohio Constitution, in section 4303.29 of	885
the Revised Code, do not affect or prohibit the sale of beer or	886
intoxicating liquor at a golf course or at a hotel, motel, or	887
lodge required to be licensed under section 3731.03 of the Revised	888
Code that contains at least fifty rooms for registered transient	889
guests andif the golf course, hotel, motel, or lodge is owned by	890
the state or a political subdivision or conservancy district, park	891
district created under Chapter 1545. of the Revised Code, or other	892
political subdivision of the state, provided thatand the permit	893
holder for the golf course, hotel, motel, or lodge operates	894
pursuant tounder the authority of thea liquor permit issued	895
pursuant tounder Chapter 4303. of the Revised Code.	896

Sec. 4301.42.  For the purpose of providing revenue for the	897
support of the state, a tax is hereby levied on the sale of beer,	898
ale, porter, stout, and other malt liquor beverages in sealed	899
bottles and cans having twelve ounces or less of liquid content,	900
at the rate of fourteen one-hundredths of one cent on each ounce	901
of liquid content or fractional part thereofof each ounce of	902
liquid content, and on such containers in excess of twelve ounces,	903
at the rate of eighty-four one-hundredths of one cent on each six	904
ounces of liquid content or fractional part thereofof each six	905
ounces of liquid content. Sections 4307.01 to 4307.12 of the	906
Revised Code apply in the administration of saidthat tax.	907
Manufacturers, bottlers, and canners of and wholesale dealers in	908
beer, ale, porter, stout, and other malt liquor beverages have the	909
duty to pay the tax imposed by this section and are entitled to	910
the privileges in the manner provided in section 4303.33 of the	911
Revised Code.	912

Sec. 4301.47.  Every class A-1, A-2, and A-4 permit holder	913
and each class B permit holder shall maintain and keep for a	914
period of three years a record of the beer, wine, malt beverages,	915
and mixed beverages purchased, distributed, or sold within this	916
state by the permit holder, together with invoices, records,	917
receipts, bills of lading, and other pertinent papers required by	918
the tax commissioner and, upon demand by the tax commissioner,	919
shall produce these records for a three-year period prior to the	920
demand unless upon satisfactory proof it is shown that the	921
non-productionnonproduction is due to causes beyond histhe	922
permit holder's control.	923

Sec. 4301.54.  If the laws of another state, territory, or	924
nation, or the rules and regulations of an administrative body	925
thereinin another state, territory, or nation, provide for the	926
levy and collection of taxes, fees, and charges upon the products	927
of Ohio manufacturers of wine or manufacturers or brewers of beer	928
and other malt liquors when suchthose products are sold in,	929
delivered, or shipped into suchthe other state, territory, or	930
nation, in excess of the taxes, fees, and charges levied and	931
collected on the products of manufacturesmanufacturers or brewers	932
of saidthose states, territories, or nations, whether suchthose	933
taxes, fees, and charges are in the nature of an excise, sales, or	934
import tax, or by whatever name designated, the tax commissioner	935
shall levy and collect additional taxes, fees, and charges on the	936
products of manufacturers of wine or manufacturers and brewers of	937
beer and other malt liquor of saidthat other state, territory, or	938
nation when sold in, delivered, or shipped into this state.	939

SuchThe additional taxes, fees, and charges shall be in	940
excess of those provided for in other sections of this chapter or	941
Chapters 4301., 4303. and 4307. and section 4305.13 of the Revised	942
Code, in the same proportion or in the same amount as taxes, fees,	943
and charges levied and collected in saidthe other state,	944
territory, or nation upon the products of Ohio manufacturers of	945
wine or manufacturers or brewers of beer and other malt liquor are	946
in excess of those levied and collected on the products of	947
manufacturers and brewers of saidthe other state,territory, or	948
nation.	949

If the laws of another state, territory, or nation, or the	950
rules and regulations of thean administrative body thereinin	951
another state, territory, or nation, provide for the levy and	952
collection of taxes, fees, or charges against Ohio manufactures	953
manufacturers of wine or manufacturesmanufacturers or brewers of	954
beer and other malt liquor for the privilege of doing business	955
thereinin that state, territory, or nation, like amounts shall be	956
levied and collected on manufacturers or brewers of saidthat	957
state, territory, or nation for the privilege of doing business in	958
this state.	959

Sec. 4301.55.  If the laws of another state, territory, or	960
nation, or the rules and regulations of any administrative body	961
thereinin another state, territory, or nation, authorize or	962
impose any tax, fee, or charge upon the right to transport or	963
import into suchthat state,territory, or nation any beer, malt	964
liquor, or wine manufactured in this state; or authorize or impose	965
any different warehousing requirements or higher warehousing or	966
inspection fees upon any beer, malt liquor, or wine manufactured	967
in this state and imported into or sold in suchthat state,	968
territory, or nation than are imposed upon beer, malt liquor, and	969
wine manufactured in suchthat state,territory, or nation; or	970
impose any higher fee for the privilege of selling or handling	971
beer, malt liquor, or wine manufactured in this state than is	972
imposed for the privilege of handling or selling the same kind of	973
beverages manufactured within suchthat state,territory, or	974
nation or any other state,territory, or nation, the tax	975
commissioner shall levy and collect similar taxes, fees, and	976
charges from licensees or persons selling in Ohiothis state beer,	977
malt liquor, and wine manufactured in suchthat other state,	978
territory, or nation. SuchThe taxes, fees, and charges shall be	979
in addition to the taxes, fees, and charges assessed and collected	980
by the commissioner under section 4301.54 of the Revised Code.	981

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

982

(1) "Chauffeured limousine" means a vehicle registered under	983
section 4503.24 of the Revised Code.	984

(2) "Street," "highway," and "motor vehicle" have the same	985
meanings as in section 4511.01 of the Revised Code.	986

(B) No person shall have in the person's possession an	987
opened container of beer or intoxicating liquor in any of the	988
following circumstances:	989

(1) In a state liquor store;

990

(2) Except as provided in division (C) of this section, on	991
the premises of the holder of any permit issued by the division of	992
liquor control;	993

(3) In any other public place;

994

(4) Except as provided in division (D) of this section,	995
while operating or being a passenger in or on a motor vehicle on	996
any street, highway, or other public or private property open to	997
the public for purposes of vehicular travel or parking;	998

(5) Except as provided in division (D) of this section,	999
while being in or on a stationary motor vehicle on any street,	1000
highway, or other public or private property open to the public	1001
for purposes of vehicular travel or parking.	1002

(C)(1) A person may have in the person's possession an	1003
opened container of any of the following:	1004

(a) Beer or intoxicating liquor that has been lawfully	1005
purchased for consumption on the premises where bought from the	1006
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5,	1007
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	1008
D-7, D-8, E, F, or F-2 permit;	1009

(b) Beer, wine, or mixed beverages served for consumption on	1010
the premises by the holder of an F-3 permit or wine served for	1011
consumption on the premises by the holder of an F-4 permit;	1012

(c) Beer or intoxicating liquor consumed on the premises of	1013
a convention facility as provided in section 4303.201 of the	1014
Revised Code;	1015

(d) Beer or intoxicating liquor to be consumed during	1016
tastings and samplings approved by rule of the liquor control	1017
commission.	1018

(2) A person may have in the person's possession on an F	1019
liquor permit premises an opened container of beer or intoxicating	1020
liquor that was not purchased from the holder of the F permit if	1021
the premises for which the F permit is issued is a music festival	1022
and the holder of the F permit grants permission for that	1023
possession on the premises during the period for which the F	1024
permit is issued. As used in this division, "music festival"	1025
means a series of outdoor live musical performances, extending for	1026
a period of at least three consecutive days and located on an area	1027
of land of at least forty acres.	1028

(D) This section does not apply to a person who pays all or	1029
a portion of the fee imposed for the use of a chauffeured	1030
limousine pursuant to a prearranged contract, or the guest of the	1031
person, when all of the following apply:	1032

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

1033

(2) The person or guest is located in the limousine, but is	1034
not occupying a seat in the front compartment of the limousine	1035
where the operator of the limousine is located.	1036

(3) The limousine is located on any street, highway, or	1037
other public or private property open to the public for purposes	1038
of vehicular travel or parking.	1039

Sec. 4303.01.  As used in sections 4303.01 to 4303.37 of the	1040
Revised Code, "intoxicating liquor," "liquor," "sale," "sell,"	1041
"vehicle," "alcohol," "beer," "malt liquor," "malt beverage,"	1042
"wine," "mixed beverages," "spirituous liquor," "sealed	1043
container," "person," "manufacture," "manufacturer," "wholesale	1044
distributor," "distributor," "hotel," "restaurant," "club," "night	1045
club," "at retail," "pharmacy," and "enclosed shopping center"	1046
have the same meanings as in section 4301.01 of the Revised Code.	1047

Sec. 4303.02.  Permit A-1 may be issued to a manufacturer to	1048
manufacture beer, ale, stout, and other malt liquor containing not	1049
more than six per cent of alcohol by weight and sell suchbeer	1050
products in bottles or containers for home use and to retail and	1051
wholesale permit holders under such rules as are promulgated by	1052
the division of liquor control. The fee for this permit is three	1053
thousand one hundred twenty-five dollars for each plant during the	1054
year covered by the permit.	1055

Sec. 4303.06.  Permit B-1 may be issued to a wholesale	1056
distributor of beer to purchase from the holders of A-1 permits	1057
and to import and distribute or sell beer, ale, lager, stout, and	1058
other malt liquors containing not more than six per cent of	1059
alcohol by weight for home use and to retail permit holders under	1060
such rules as are adopted by the division of liquor control. The	1061
fee for this permit is two thousand five hundred dollars for each	1062
distributing plant or warehouse during the year covered by the	1063
permit.	1064

Sec. 4303.07.  Permit B-2 may be issued to a wholesale	1065
distributor of wine to purchase from holders of A-2 and B-5	1066
permits and distribute or sell such product, in the original	1067
container in which it was placed by the B-5 permit holder or	1068
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,	1069
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	1070
D-5h, D-5i, D-5j, D-5k, and E permit holders, and for home use.	1071
The fee for this permit is two hundred fifty dollars for each	1072
distributing plant or warehouse. The initial fee shall be	1073
increased ten cents per wine barrel of fifty gallons for all wine	1074
distributed and sold in this state in excess of twelve hundred	1075
fifty such barrels during the year covered by the permit.	1076

Sec. 4303.10.  Permit B-5 may be issued to a wholesale	1077
distributor of wine to purchase wine from the holders of A-2	1078
permits, to purchase and import wine in bond or otherwise, in bulk	1079
or in containers of any size, and to bottle wine for distribution	1080
and sale to holders of A-1-A, B-2, B-3, B-5, C-2, D-2, D-3, D-4,	1081
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	1082
D-5j, D-5k, and E permits and for home use in sealed containers.	1083
No wine shall be bottled by a B-5 permit holder in containers	1084
supplied by any person who intends the wine for home use. The fee	1085
for this permit is one thousand two hundred fifty dollars.	1086

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	1087
owner or operator of a hotel or motel that is required to be	1088
licensed under section 3731.03 of the Revised Code, that contains	1089
at least fifty rooms for registered transient guests, and that	1090
qualifies under the other requirements of this section, or to the	1091
owner or operator of a restaurant specified under this section, to	1092
sell beer and any intoxicating liquor at retail, only by the	1093
individual drink in glass and from the container, for consumption	1094
on the premises where sold, and to registered guests in their	1095
rooms, which may be sold by means of a controlled access alcohol	1096
and beverage cabinet in accordance with division (B) of section	1097
4301.21 of the Revised Code; and to sell the same products in the	1098
same manner and amounts not for consumption on the premises as may	1099
be sold by holders of D-1 and D-2 permits. The premises of the	1100
hotel or motel shall include a retail food establishment or a	1101
food service operation licensed pursuant to Chapter 3717. of the	1102
Revised Code that operates as a restaurant for purposes of this	1103
chapter and that is affiliated with the hotel or motel and within	1104
or contiguous to the hotel or motel, and that serves food within	1105
the hotel or motel, but the principal business of the owner or	1106
operator of the hotel or motel shall be the accommodation of	1107
transient guests. In addition to the privileges authorized in	1108
this division, the holder of a D-5a permit may exercise the same	1109
privileges as the holder of a D-5 permit.	1110

The owner or operator of a hotel, motel, or restaurant who	1111
qualified for and held a D-5a permit on August 4, 1976, may, if	1112
the owner or operator held another permit before holding a D-5a	1113
permit, either retain a D-5a permit or apply for the permit	1114
formerly held, and the division of liquor control shall issue the	1115
permit for which the owner or operator applies and formerly held,	1116
notwithstanding any quota.	1117

A D-5a permit shall not be transferred to another location.	1118
No quota restriction shall be placed on the number of such permits	1119
that may be issued.	1120

The fee for this permit is one thousand eight hundred	1121
seventy-five dollars.	1122

(B) Permit D-5b may be issued to the owner, operator,	1123
tenant, lessee, or occupant of an enclosed shopping center to sell	1124
beer and intoxicating liquor at retail, only by the individual	1125
drink in glass and from the container, for consumption on the	1126
premises where sold; and to sell the same products in the same	1127
manner and amount not for consumption on the premises as may be	1128
sold by holders of D-1 and D-2 permits. In addition to the	1129
privileges authorized in this division, the holder of a D-5b	1130
permit may exercise the same privileges as a holder of a D-5	1131
permit.	1132

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

1133

One D-5b permit may be issued at an enclosed shopping center	1134
containing at least two hundred twenty-five thousand, but less	1135
than four hundred thousand, square feet of floor area.	1136

Two D-5b permits may be issued at an enclosed shopping center	1137
containing at least four hundred thousand square feet of floor	1138
area. No more than one D-5b permit may be issued at an enclosed	1139
shopping center for each additional two hundred thousand square	1140
feet of floor area or fraction of that floor area, up to a	1141
maximum of five D-5b permits for each enclosed shopping center.	1142
The number of D-5b permits that may be issued at an enclosed	1143
shopping center shall be determined by subtracting the number of	1144
D-3 and D-5 permits issued in the enclosed shopping center from	1145
the number of D-5b permits that otherwise may be issued at the	1146
enclosed shopping center under the formulas provided in this	1147
division. Except as provided in this section, no quota shall be	1148
placed on the number of D-5b permits that may be issued.	1149
Notwithstanding any quota provided in this section, the holder of	1150
any D-5b permit first issued in accordance with this section is	1151
entitled to its renewal in accordance with section 4303.271 of the	1152
Revised Code.	1153

The holder of a D-5b permit issued before April 4, 1984,	1154
whose tenancy is terminated for a cause other than nonpayment of	1155
rent, may return the D-5b permit to the division of liquor	1156
control, and the division shall cancel that permit. Upon	1157
cancellation of that permit and upon the permit holder's payment	1158
of taxes, contributions, premiums, assessments, and other debts	1159
owing or accrued upon the date of cancellation to this state and	1160
its political subdivisions and a filing with the division of a	1161
certification of that payment, the division shall issue to that	1162
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	1163
that person requests. The division shall issue the D-5 permit, or	1164
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	1165
D-3, or D-5 permits currently issued in the municipal corporation	1166
or in the unincorporated area of the township where that person's	1167
proposed premises is located equals or exceeds the maximum number	1168
of such permits that can be issued in that municipal corporation	1169
or in the unincorporated area of that township under the	1170
population quota restrictions contained in section 4303.29 of the	1171
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall	1172
not be transferred to another location. If a D-5b permit is	1173
canceled under the provisions of this paragraph, the number of	1174
D-5b permits that may be issued at the enclosed shopping center	1175
for which the D-5b permit was issued, under the formula provided	1176
in this division, shall be reduced by one if the enclosed shopping	1177
center was entitled to more than one D-5b permit under the	1178
formula.	1179

The fee for this permit is one thousand eight hundred	1180
seventy-five dollars.	1181

(C) Permit D-5c may be issued to the owner or operator of a	1182
retail food establishment or a food service operation licensed	1183
pursuant to Chapter 3717. of the Revised Code that operates as a	1184
restaurant for purposes of this chapter and that qualifies under	1185
the other requirements of this section to sell beer and any	1186
intoxicating liquor at retail, only by the individual drink in	1187
glass and from the container, for consumption on the premises	1188
where sold, and to sell the same products in the same manner and	1189
amounts not for consumption on the premises as may be sold by	1190
holders of D-1 and D-2 permits. In addition to the privileges	1191
authorized in this division, the holder of a D-5c permit may	1192
exercise the same privileges as the holder of a D-5 permit.	1193

To qualify for a D-5c permit, the owner or operator of a	1194
retail food establishment or a food service operation licensed	1195
pursuant to Chapter 3717. of the Revised Code that operates as a	1196
restaurant for purposes of this chapter, shall have operated the	1197
restaurant at the proposed premises for not less than twenty-four	1198
consecutive months immediately preceding the filing of the	1199
application for the permit, have applied for a D-5 permit no later	1200
than December 31, 1988, and appear on the division's quota waiting	1201
list for not less than six months immediately preceding the filing	1202
of the application for the permit. In addition to these	1203
requirements, the proposed D-5c permit premises shall be located	1204
within a municipal corporation and further within an election	1205
precinct that, at the time of the application, has no more than	1206
twenty-five per cent of its total land area zoned for residential	1207
use.	1208

A D-5c permit shall not be transferred to another location.	1209
No quota restriction shall be placed on the number of such permits	1210
that may be issued.	1211

Any person who has held a D-5c permit for at least two years	1212
may apply for a D-5 permit, and the division of liquor control	1213
shall issue the D-5 permit notwithstanding the quota restrictions	1214
contained in section 4303.29 of the Revised Code or in any rule of	1215
the liquor control commission.	1216

The fee for this permit is one thousand two hundred fifty	1217
dollars.	1218

(D) Permit D-5d may be issued to the owner or operator of a	1219
retail food establishment or a food service operation licensed	1220
pursuant to Chapter 3717. of the Revised Code that operates as a	1221
restaurant for purposes of this chapter and that is located at an	1222
airport operated by a board of county commissioners pursuant to	1223
section 307.20 of the Revised Code or at an airport operated by a	1224
regional airport authority pursuant to Chapter 308. of the Revised	1225
Code. Not more than one D-5d permit shall be issued in each	1226
county. The holder of a D-5d permit may sell beer and any	1227
intoxicating liquor at retail, only by the individual drink in	1228
glass and from the container, for consumption on the premises	1229
where sold, and may sell the same products in the same manner and	1230
amounts not for consumption on the premises where sold as may be	1231
sold by the holders of D-1 and D-2 permits. In addition to the	1232
privileges authorized in this division, the holder of a D-5d	1233
permit may exercise the same privileges as the holder of a D-5	1234
permit.	1235

A D-5d permit shall not be transferred to another location.	1236
Except as otherwise provided in this division, no quota	1237
restrictions shall be placed on the number of such permits that	1238
may be issued.	1239

The fee for this permit is one thousand eight hundred	1240
seventy-five dollars.	1241

(E) Permit D-5e may be issued to any nonprofit organization	1242
that is exempt from federal income taxation under the "Internal	1243
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	1244
amended, or that is a charitable organization under any chapter of	1245
the Revised Code, and that owns or operates a riverboat that	1246
meets all of the following:	1247

(1) Is permanently docked at one location;

1248

(2) Is designated as an historical riverboat by the Ohio	1249
historical society;	1250

(3) Contains not less than fifteen hundred square feet of	1251
floor area;	1252

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

1253

The holder of a D-5e permit may sell beer and intoxicating	1254
liquor at retail, only by the individual drink in glass and from	1255
the container, for consumption on the premises where sold.	1256

A D-5e permit shall not be transferred to another location.	1257
No quota restriction shall be placed on the number of such permits	1258
that may be issued. The population quota restrictions contained	1259
in section 4303.29 of the Revised Code or in any rule of the	1260
liquor control commission shall not apply to this division, and	1261
the division shall issue a D-5e permit to any applicant who meets	1262
the requirements of this division. However, the division shall	1263
not issue a D-5e permit if the permit premises or proposed permit	1264
premises are located within an area in which the sale of	1265
spirituous liquor by the glass is prohibited.	1266

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

1267

(F) Permit D-5f may be issued to the owner or operator of	1268
a retail food establishment or a food service operation licensed	1269
under Chapter 3717. of the Revised Code that operates as a	1270
restaurant for purposes of this chapter and that meets all of the	1271
following:	1272

(1) It contains not less than twenty-five hundred square	1273
feet of floor area.	1274

(2) It is located on or in, or immediately adjacent to, the	1275
shoreline of, a navigable river.	1276

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

1277

(4) It provides entertainment and recreation, provided that	1278
not less than fifty per cent of the business on the permit	1279
premises shall be preparing and serving meals for a consideration.	1280

In addition, each application for a D-5f permit shall be	1281
accompanied by a certification from the local legislative	1282
authority that the issuance of the D-5f permit is not inconsistent	1283
with that political subdivision's comprehensive development plan	1284
or other economic development goal as officially established by	1285
the local legislative authority.	1286

The holder of a D-5f permit may sell beer and intoxicating	1287
liquor at retail, only by the individual drink in glass and from	1288
the container, for consumption on the premises where sold.	1289

A D-5f permit shall not be transferred to another location.	1290
No more than fifteen D-5f permits shall be issued by the division	1291
of liquor control, and no more than two such permits shall be	1292
issued in any county. However, the division shall not issue a	1293
D-5f permit if the permit premises or proposed permit premises are	1294
located within an area in which the sale of spirituous liquor by	1295
the glass is prohibited.	1296

A fee for this permit is one thousand eight hundred	1297
seventy-five dollars.	1298

As used in this division, "navigable river" means a river	1299
that is also a "navigable water" as defined in the "Federal Power	1300
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	1301

(G) Permit D-5g may be issued to a nonprofit corporation	1302
that is either the owner or the operator of a national	1303
professional sports museum. The holder of a D-5g permit may sell	1304
beer and any intoxicating liquor at retail, only by the individual	1305
drink in glass and from the container, for consumption on the	1306
premises where sold. The holder of a D-5g permit shall sell no	1307
beer or intoxicating liquor for consumption on the premises where	1308
sold after one a.m. A D-5g permit shall not be transferred to	1309
another location. No quota restrictions shall be placed on the	1310
number of D-5g permits that may be issued. The fee for this	1311
permit is one thousand five hundred dollars.	1312

(H) Permit D-5h may be issued to any nonprofit organization	1313
that is exempt from federal income taxation under the "Internal	1314
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	1315
amended, that owns or operates a fine arts museum and has no less	1316
than five thousand bona fide members possessing full membership	1317
privileges. The holder of a D-5h permit may sell beer and any	1318
intoxicating liquor at retail, only by the individual drink in	1319
glass and from the container, for consumption on the premises	1320
where sold. The holder of a D-5h permit shall sell no beer or	1321
intoxicating liquor for consumption on the premises where sold	1322
after one a.m. A D-5h permit shall not be transferred to another	1323
location. No quota restrictions shall be placed on the number of	1324
D-5h permits that may be issued. The fee for this permit is one	1325
thousand five hundred dollars.	1326

(I) Permit D-5i may be issued to the owner or operator of	1327
a retail food establishment or a food service operation licensed	1328
under Chapter 3717. of the Revised Code that operates as a	1329
restaurant for purposes of this chapter and that meets all of the	1330
following requirements:	1331

(1) It is located in a municipal corporation or a township	1332
with a population of fifty thousand or less.	1333

(2) It has inside seating capacity for at least one hundred	1334
forty persons.	1335

(3) It has at least four thousand square feet of floor	1336
area.	1337

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

1338

(5) Its receipts from beer and liquor sales do not exceed	1339
twenty-five per cent of its total gross receipts.	1340

(6) The value of its real and personal property exceeds	1341
seven hundred twenty-five thousand dollars.	1342

The holder of a D-5i permit shall cause an independent audit	1343
to be performed at the end of one full year of operation following	1344
issuance of the permit in order to verify the requirements of	1345
division (I)(5) of this section. The results of the independent	1346
audit shall be transmitted to the division. Upon determining that	1347
the receipts of the holder from beer and liquor sales exceeded	1348
twenty-five per cent of its total gross receipts, the division	1349
shall suspend the permit of the permit holder under section	1350
4301.25 of the Revised Code and may allow the permit holder to	1351
elect a forfeiture under section 4301.252 of the Revised Code.	1352

The holder of a D-5i permit may sell beer and any	1353
intoxicating liquor at retail, only by the individual drink in	1354
glass and from the container, for consumption on the premises	1355
where sold, and may sell the same products in the same manner and	1356
amounts not for consumption on the premises where sold as may be	1357
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	1358
permit shall sell no beer or intoxicating liquor for consumption	1359
on the premises where sold after two-thirty a.m. In addition to	1360
the privileges authorized in this division, the holder of a D-5i	1361
permit may exercise the same privileges as the holder of a D-5	1362
permit.	1363

A D-5i permit shall not be transferred to another location.	1364
The division of liquor control shall not renew a D-5i permit	1365
unless the food service operation for which it is issued continues	1366
to meet the requirements described in divisions (I)(1) to (6) of	1367
this section. No quota restrictions shall be placed on the number	1368
of D-5i permits that may be issued. The fee for this permit is	1369
one thousand eight hundred seventy-five dollars.	1370

(J)(1) Permit D-5j may be issued to the owner or the	1371
operator of a retail food establishment or a food service	1372
operation licensed under Chapter 3717. of the Revised Code to	1373
sell beer and intoxicating liquor at retail, only by the	1374
individual drink in glass and from the container, for consumption	1375
on the premises where sold and to sell beer and intoxicating	1376
liquor in the same manner and amounts not for consumption on the	1377
premises where sold as may be sold by the holders of D-1 and D-2	1378
permits. The holder of a D-5j permit may exercise the same	1379
privileges, and shall observe the same hours of operation, as the	1380
holder of a D-5 permit.	1381

(2) The D-5j permit shall be issued only within a community	1382
entertainment district that is designated under section 4301.80 of	1383
the Revised Code and that is located in a municipal corporation	1384
with a population of at least one hundred thousand.	1385

(3) The location of a D-5j permit may be transferred only	1386
within the geographic boundaries of the community entertainment	1387
district in which it was issued and shall not be transferred	1388
outside the geographic boundaries of that district.	1389

(4) Not more than one D-5j permit shall be issued within	1390
each community entertainment district for each five acres of land	1391
located within the district. Not more than fifteen D-5j permits	1392
may be issued within a single community entertainment district.	1393
Except as otherwise provided in division (J)(4) of this section,	1394
no quota restrictions shall be placed upon the number of D-5j	1395
permits that may be issued.	1396

(5) The fee for a D-5j permit is one thousand eight hundred	1397
seventy-five dollars.	1398

(K)(1) Permit D-5k may be issued to any nonprofit	1399
organization that is exempt from federal income taxation under the	1400
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1401
501(c)(3), as amended, that is the owner or operator of a	1402
botanical garden, and that has not less than twenty-five hundred	1403
bona fide members.	1404

(2) The holder of a D-5k permit may sell beer and any	1405
intoxicating liquor at retail, only by the individual drink in	1406
glass and from the container, on the premises where sold.	1407

(3) The holder of a D-5k permit shall sell no beer or	1408
intoxicating liquor for consumption on the premises where sold	1409
after one a.m.	1410

(4) A D-5k permit shall not be transferred to another	1411
location.	1412

(5) No quota restrictions shall be placed on the number of	1413
D-5k permits that may be issued.	1414

(6) The fee for the D-5k permit is one thousand five	1415
hundred dollars.	1416

Sec. 4303.182. (A) Except as otherwise provided in divisions	1417
(B) to (F)(G) of this section, permit D-6 shall be issued to the	1418
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a,	1419
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-7	1420
permit to allow sale under that permit between the hours of ten	1421
a.m. and midnight, or between the hours of one p.m. and midnight,	1422
on Sunday, as applicable, if that sale has been authorized under	1423
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	1424
Code and under the restrictions of that authorization.	1425

(B) Permit D-6 shall be issued to the holder of any permit,	1426
including a D-4a and D-5d permit, authorizing the sale of	1427
intoxicating liquor issued for a premises located at any publicly	1428
owned airport, as defined in section 4563.01 of the Revised Code,	1429
at which commercial airline companies operate regularly scheduled	1430
flights on which space is available to the public, to allow sale	1431
under such permit between the hours of ten a.m. and midnight on	1432
Sunday, whether or not that sale has been authorized under section	1433
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	1434

(C) Permit D-6 shall be issued to the holder of a D-5a	1435
permit, and to the holder of a D-3 or D-3a permit who is the owner	1436
or operator of a hotel or motel that is required to be licensed	1437
under section 3731.03 of the Revised Code, that contains at least	1438
fifty rooms for registered transient guests, and that has on its	1439
premises a retail food establishment or a food service operation	1440
licensed pursuant to Chapter 3717. of the Revised Code that	1441
operates as a restaurant for purposes of this chapter and is	1442
affiliated with the hotel or motel and within or contiguous to the	1443
hotel or motel and serving food within the hotel or motel, to	1444
allow sale under such permit between the hours of ten a.m. and	1445
midnight on Sunday, whether or not that sale has been authorized	1446
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	1447
Revised Code.	1448

(D) The holder of a D-6 permit that is issued to a sports	1449
facility may make sales under the permit between the hours of	1450
eleven a.m. and midnight on any Sunday on which a professional	1451
baseball, basketball, football, hockey, or soccer game is being	1452
played at the sports facility. As used in this division, "sports	1453
facility" means a stadium or arena that has a seating capacity of	1454
at least four thousand and that is owned or leased by a	1455
professional baseball, basketball, football, hockey, or soccer	1456
franchise or any combination of those franchises.	1457

(E) Permit D-6 shall be issued to the holder of any permit	1458
that authorizes the sale of beer or intoxicating liquor and that	1459
is issued to a premises located in or at the Ohio historical	1460
society area or the state fairgrounds, as defined in division (B)	1461
of section 4301.40 of the Revised Code, to allow sale under that	1462
permit between the hours of ten a.m. and midnight on Sunday,	1463
whether or not that sale has been authorized under section	1464
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	1465

(F) Permit D-6 shall be issued to the holder of any permit	1466
that authorizes the sale of intoxicating liquor and that is issued	1467
to an outdoor performing arts center to allow sale under that	1468
permit between the hours of one p.m. and midnight on Sunday,	1469
whether or not that sale has been authorized under section	1470
4301.361 of the Revised Code. A D-6 permit issued under this	1471
division is subject to the results of an election, held after the	1472
D-6 permit is issued, on question (B)(4) as set forth in section	1473
4301.351 of the Revised Code. Following the end of the period	1474
during which an election may be held on question (B)(4) as set	1475
forth in that section, sales of intoxicating liquor may continue	1476
at an outdoor performing arts center under a D-6 permit issued	1477
under this division, unless an election on that question is held	1478
during the permitted period and a majority of the voters voting in	1479
the precinct on that question vote "no."	1480

As used in this division, "outdoor performing arts center"	1481
means an outdoor performing arts center that is located on not	1482
less than eight hundred acres of land and that is open for	1483
performances from the first day of April to the last day of	1484
October of each year.	1485

(G) Permit D-6 shall be issued to the holder of any permit	1486
that authorizes the sale of beer or intoxicating liquor and that	1487
is issued to a golf course owned by the state, a conservancy	1488
district, a park district created under Chapter 1545. of the	1489
Revised Code, or another political subdivision to allow sale under	1490
that permit between the hours of ten a.m. and midnight on Sunday,	1491
whether or not that sale has been authorized under section	1492
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	1493

(H) If the restriction to licensed premises where the sale of	1494
food and other goods and services exceeds fifty per cent of the	1495
total gross receipts of the permit holder at the premises is	1496
applicable, the division of liquor control may accept an affidavit	1497
from the permit holder to show the proportion of the permit	1498
holder's gross receipts derived from the sale of food and other	1499
goods and services. If the liquor control commission determines	1500
that affidavit to have been false, it shall revoke the permits of	1501
the permit holder at the premises concerned.	1502

(H)(I) The fee for the D-6 permit is two hundred fifty	1503
dollars when it is issued to the holder of an A-1-A, A-2, D-2,	1504
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,	1505
D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6	1506
permit is two hundred dollars when it is issued to the holder of a	1507
C-2 permit.	1508

Sec. 4303.204. (A) The division of liquor control may issue	1509
an F-4 permit to an association or corporation organized	1510
not-for-profit in this state to conduct an event that includes the	1511
introduction, showcasing, or promotion of Ohio wines, if the event	1512
has all of the following characteristics:	1513

(1) It is coordinated by that association or corporation,	1514
and the association or corporation is responsible for the	1515
activities at it.	1516

(2) It has as one of its purposes the intent to introduce,	1517
showcase, or promote Ohio wines to persons who attend it.	1518

(3) It includes the sale of food for consumption on the	1519
premises where sold.	1520

(4) It features at least three A-2 permit holders who sell	1521
Ohio wine at it.	1522

(B) The holder of an F-4 permit may furnish, without charge,	1523
wine that it has obtained from the A-2 permit holders that are	1524
participating in the event for which the F-4 permit is issued, in	1525
two-ounce samples for consumption on the premises where furnished	1526
and may sell such wine by the glass for consumption on the	1527
premises where sold. The holder of an A-2 permit that is	1528
participating in the event for which the F-4 permit is issued may	1529
sell wine that it has manufactured, in sealed containers for	1530
consumption off the premises where sold. Wine may be furnished or	1531
sold on the premises of the event for which the F-4 permit is	1532
issued only where and when the sale of wine is otherwise permitted	1533
by law.	1534

(C) The premises of the event for which the F-4 permit is	1535
issued shall be clearly defined and sufficiently restricted to	1536
allow proper enforcement of the permit by state and local law	1537
enforcement officers. If an F-4 permit is issued for all or a	1538
portion of the same premises for which another class of permit is	1539
issued, that permit holder's privileges will be suspended in that	1540
portion of the premises in which the F-4 permit is in effect.	1541

(D) No F-4 permit shall be effective for more than	1542
seventy-two consecutive hours. No sales or furnishing of wine	1543
shall take place under an F-4 permit after one a.m.	1544

(E) The division shall not issue more than six F-4 permits	1545
to the same not-for-profit association or corporation in any one	1546
calendar year.	1547

(F) An applicant for an F-4 permit shall apply for the	1548
permit not later than thirty days prior to the first day of the	1549
event for which the permit is sought. The application for the	1550
permit shall list all of the A-2 permit holders that will	1551
participate in the event for which the F-4 permit is sought. The	1552
fee for the F-4 permit is thirty dollars per day.	1553

The division shall prepare and make available an F-4 permit	1554
application form and may require applicants for and holders of the	1555
F-4 permit to provide information that is in addition to that	1556
required by this section and that is necessary for the	1557
administration of this section.	1558

(G)(1) The holder of an F-4 permit is responsible for, and	1559
is subject to penalties for, any violations of this chapter or	1560
Chapter 4301. of the Revised Code or the rules adopted under this	1561
and that chapter.	1562

(2) An F-4 permit holder shall not allow an A-2 permit	1563
holder to participate in the event for which the F-4 permit is	1564
issued if the A-2 or A-1-A permit of that A-2 permit holder is	1565
under suspension.	1566

(3) The division may refuse to issue an F-4 permit to an	1567
applicant who has violated any provision of this chapter or	1568
Chapter 4301. of the Revised Code during the applicant's previous	1569
operation under an F-4 permit, for a period of up to two years	1570
after the date of the violation.	1571

(H)(1) Notwithstanding division (E) of section 4301.22 of	1572
the Revised Code, an A-2 permit holder that participates in an	1573
event for which an F-4 permit is issued may donate wine that it	1574
has manufactured to the holder of that F-4 permit. The holder of	1575
an F-4 permit may return unused and sealed containers of wine to	1576
the A-2 permit holder that donated the wine at the conclusion of	1577
the event for which the F-4 permit was issued.	1578

(2) The participation by an A-2 permit holder or its	1579
employees in an event for which an F-4 permit is issued does not	1580
violate section 4301.24 of the Revised Code.	1581

Sec. 4303.22.  Permit H may be issued for a fee of one	1583
hundred fifty dollars to a carrier by motor vehicle who also holds	1584
a license issued by the public utilities commission to transport	1585
beer, intoxicating liquor, and alcohol, or any of them, in this	1586
state for delivery or use in this state. This section does not	1587
prevent the division of liquor control from contracting with	1588
common or contract carriers for the delivery or transportation of	1589
liquor for the division, and any contract or common carrier so	1590
contracting with the division is eligible for an H permit.	1591
Manufacturers or wholesale distributors of beer or intoxicating	1592
liquor other than spirituous liquor who transport or deliver their	1593
own products to or from their premises licensed under Chapters	1594
this chapter and Chapter 4301. and 4303. of the Revised Code by	1595
their own trucks as an incident to the purchase or sale of such	1596
beverages need not obtain an H permit. Carriers by rail shall	1597
receive suchan H permit upon application thereforfor it.	1598

This section does not prevent the division from issuing, upon	1599
the payment of the permit fee, an H permit to any person,	1600
partnership, firm, or corporation, licensed by any other state to	1601
engage in the business of manufacturing and brewing or producing	1602
beer, malt liquor, wine, and mixed beverages or any person,	1603
partnership, firm, or corporation, licensed by the United States	1604
or any other state to engage in the business of importing beer,	1605
malt liquor, wine, and mixed beverages manufactured outside the	1606
United States. SuchThe manufacturer, brewer, or importer of	1607
products manufactured outside the United States, upon the issuance	1608
of an H permit, may transport, ship, and deliver only its own	1609
products to holders of B-1 or B-5 permits in Ohio in motor trucks	1610
and equipment owned and operated by such class H permit holder. No	1611
H permit shall be issued by the division to such applicant until	1612
the applicant files with the division a liability insurance	1613
certificate or policy satisfactory to the division, in a sum of	1614
not less than one thousand nor more than five thousand dollars for	1615
property damage and for not less than five thousand nor more than	1616
fifty thousand dollars for loss sustained by reason of injury or	1617
death and with such other terms as the division considers	1618
necessary to adequately protect the interest of the public, having	1619
due regard for the number of persons and amount of property	1620
affected. SuchThe certificate or policy shall insure the	1621
manufacturer, brewer, or importer of products manufactured outside	1622
the United States against loss sustained by reason of the death of	1623
or injury to persons, and for loss of or damage to property, from	1624
the negligence of such class H permit holder in the operation of	1625
its motor vehicles or equipment in this state.	1626

Sec. 4303.29.  (A) No permit, other than an H permit, shall	1627
be issued to a firm or partnership unless all the members of said	1628
the firm or partnership are citizens of the United States and a	1629
majority have resided in this state for one year prior to	1630
application for suchthe permit. No permit, other than an H	1631
permit, shall be issued to an individual who is not a citizen of	1632
the United States who has resided in this state for at least one	1633
year prior to application for suchthe permit. No permit, other	1634
than an E or H permit, shall be issued to any corporation	1635
organized under the laws of any country, territory, or state other	1636
than Ohiothis state until it has furnished the division of liquor	1637
control with evidence that it has complied with the laws of this	1638
state relating to the transaction of business in this state.	1639

The division may refuse to issue any permit to or refuse to	1640
renew any permit of any person convicted of any felony that is	1641
reasonably related to the person's fitness to operate a liquor	1642
permit business in this state. No holder of a permit shall sell,	1643
assign, transfer, or pledge suchthe permit, without the written	1644
consent of the division.	1645

(B)(1) No more than one of each type of C or D permits	1646
permit shall be issued to any one person, firm, or corporation in	1647
any county having a population of less than twenty-five thousand,	1648
and no more than one of each type of C or D permitspermit shall	1649
be issued to any one person, firm, or corporation for any	1650
additional twenty-five thousand or major fraction thereof in any	1651
county having a greater population than twenty-five thousand,	1652
provided that, in the case of D-3, D-3a, D-4, and D-5 permits, no	1653
more than one permit shall be issued to any one person, firm, or	1654
corporation in any county having a population of less than fifty	1655
thousand, and no more than one such permit shall be issued to any	1656
one person, firm, or corporation for any additional fifty thousand	1657
or major fraction thereof in any county having a greater	1658
population than fifty thousand.	1659

(2) No D-3 permit shall be issued to any club unless such	1660
the club has been continuously engaged in the activity specified	1661
in section 4303.15 of the Revised Code, as a qualification for	1662
suchthat class of permit, for two years at the time suchthe	1663
permit is issued.	1664

(3)(a) Subject to division (B)(3)(b) of this section, upon	1665
application by properly qualified persons, one C-1 and C-2 permit	1666
shall be issued for each one thousand population or part thereof	1667
of that population, and one D-1 and D-2 permit shall be issued for	1668
each two thousand population or part thereofof that population,	1669
in each municipal corporation and in the unincorporated area of	1670
each township.	1671

Subject to division (B)(3)(b) of this section, not more than	1672
one D-3, D-4, or D-5 permit shall be issued for each two thousand	1673
population, or part thereof,of that population in any municipal	1674
corporation and in the unincorporated area of any township, except	1675
that, in any city of a population of fifty-five thousand or more,	1676
one D-3 permit may be issued for each fifteen hundred population,	1677
or part thereofof that population.	1678

(b) Nothing in division(i) Division (B)(3)(a) of this	1679
section shall be construed todoes not prohibit the transfer of	1680
location or the transfer of ownership and location of a C-1, C-2,	1681
D-1, D-2, D-3, or D-5 permit from a municipal corporation or the	1682
unincorporated area of a township in which the number of permits	1683
of that class exceeds the number of such permits authorized to be	1684
issued under division (B)(3)(a) of this section to an economic	1685
development project located in another municipal corporation or	1686
the unincorporated area of another township in which no additional	1687
permits of that class may be issued to the applicant under	1688
division (B)(3)(a) of this section, but the transfer of location	1689
or transfer of ownership and location of the permit may occur only	1690
if the applicant notifies the municipal corporation or township to	1691
which the location of the permit will be transferred regarding the	1692
transfer and that municipal corporation or township acknowledges	1693
in writing to the division of liquor control, at the time the	1694
application for the transfer of location or transfer of ownership	1695
and location of the permit is filed, that the transfer will be to	1696
an economic development project. This acknowledgment by the	1697
municipal corporation or township does not prohibit it from	1698
requesting a hearing under section 4303.26 of the Revised Code.	1699
The applicant is eligible to apply for and receive the transfer of	1700
location of the permit under division (B)(3)(b) of this section if	1701
all permits of that class that may be issued under division	1702
(B)(3)(a) of this section in the applicable municipal corporation	1703
or unincorporated area of the township have already been issued or	1704
if the number of applications filed for permits of that class in	1705
that municipal corporation or the unincorporated area of that	1706
township exceed the number of permits of that class that may be	1707
issued there under division (B)(3)(a) of this section.	1708

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

(ii) Factors that shall be used to determine the designation	1716
of an economic development project include, but are not limited	1717
to, architectural certification of the plans and the cost of the	1718
project, the number of jobs that will be created by the project,	1719
projected earnings of the project, projected tax revenues for the	1720
political subdivisions in which the project will be located, and	1721
the amount of financial investment in the project. The	1722
superintendent of liquor control shall determine whether the	1723
existing or proposed business that is seeking a permit described	1724
in division (B)(3)(b) of this section qualifies as an economic	1725
development project and, if the superintendent determines that it	1726
so qualifies, shall designate the business as an economic	1727
development project.	1728

(4) Nothing in this section shall be construed to restrict	1729
the issuance of a permit to a municipal corporation for use at a	1730
municipally owned airport at which commercial airline companies	1731
operate regularly scheduled flights on which space is available to	1732
the public. A municipal corporation applying for a permit for	1733
such a municipally owned airport is exempt, in regard to that	1734
application, from the population restrictions contained in this	1735
section and from population quota restrictions contained in any	1736
rule of the liquor control commission. A municipal corporation	1737
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a	1738
municipally owned airport is subject to section 4303.31 of the	1739
Revised Code.	1740

(5) Nothing in this section shall be construed to prohibit	1741
the issuance of a D permit to the board of trustees of a soldiers'	1742
memorial for a premises located at a soldiers' memorial	1743
established pursuant to Chapter 345. of the Revised Code. An	1744
application for a D permit by such athe board for such athose	1745
premises is exempt from the population restrictions contained in	1746
this section and from the population quota restrictions contained	1747
in any rule of the liquor control commission. The location of a D	1748
permit issued to the board of trustees of a soldiers' memorial for	1749
athose premises located at a soldiers' memorial shall not be	1750
transferred. A board of trustees of a soldiers' memorial applying	1751
for a D-1, D-2, D-3, D-4, or D-5 permit for such athe soldiers'	1752
memorial is subject to section 4303.31 of the Revised Code.	1753

(6) Nothing in this section shall be construed to restrict	1754
the issuance of a permit for a premises located at a golf course	1755
owned by a municipal corporation, township, or county, owned by a	1756
park district created under Chapter 1545. of the Revised Code, or	1757
owned by the state. The location of such a permit issued on or	1758
after September 26, 1984, for a premises located at such a golf	1759
course shall not be transferred. Any application for such a	1760
permit is exempt from the population quota restrictions contained	1761
in this section and from the population quota restrictions	1762
contained in any rule of the liquor control commission. A	1763
municipal corporation, township, county, park district, or state	1764
agency applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a	1765
golf course is subject to section 4303.31 of the Revised Code.	1766

(7) As used in division (B)(7) of this section, "fair" has	1767
the same meaning as in section 991.01 of the Revised Code, "state	1768
fairgrounds" means the property that is held by the state for the	1769
purpose of conducting fairs, expositions, and exhibits and that is	1770
maintained and managed by the Ohio expositions commission under	1771
section 991.03 of the Revised Code, and "capitol square" has the	1772
same meaning as in section 105.41 of the Revised Code.	1773

Nothing in this section shall be construed to restrict the	1774
issuance of one or more D permits to one or more applicants for	1775
all or a part of either the state fairgrounds or capitol square.	1776
An application for a D permit for the state fairgrounds or capitol	1777
square is exempt from the population quota restrictions contained	1778
in this section and from the population quota restrictions	1779
contained in any rule of the liquor control commission. The	1780
location of a D permit issued for the state fairgrounds or capitol	1781
square shall not be transferred. An applicant for a D-1, D-2,	1782
D-3, or D-5 permit for the state fairgrounds is not subject to	1783
section 4303.31 of the Revised Code.	1784

Pursuant to section 1711.09 of the Revised Code, the holder	1785
of a D permit issued for the state fairgrounds shall not deal in	1786
spirituous liquor at the state fairgrounds during, or for one week	1787
before or for three days after, any fair held at the state	1788
fairgrounds.	1789

(8) Nothing in this section shall be construed to prohibit	1790
the issuance of a D permit for a premises located at a zoological	1791
park at which sales have been approved in an election held under	1792
former section 4301.356 of the Revised Code. An application for a	1793
D permit for such a premises is exempt from the population	1794
restrictions contained in this section, from the population quota	1795
restrictions contained in any rule of the liquor control	1796
commission, and from section 4303.31 of the Revised Code. The	1797
location of a D permit issued for a premises at such a zoological	1798
park shall not be transferred, and no quota or other restrictions	1799
shall be placed on the number of D permits that may be issued for	1800
a premises at such a zoological park.	1801

(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in	1802
any election precinct in any municipal corporation or in any	1803
election precinct in the unincorporated area of any township, in	1804
which at the November, 1933, election a majority of the electors	1805
voting thereon in the municipal corporation or in the	1806
unincorporated area of the township voted against the repeal of	1807
Section 9 of Article XV, Ohio Constitution, unless the sale of	1808
spirituous liquor by the glass is authorized by a majority vote of	1809
the electors voting on the question in the precinct at an election	1810
held pursuant to this section or by a majority vote of the	1811
electors of the precinct voting on question (C) at a special local	1812
option election held in the precinct pursuant to section 4301.35	1813
of the Revised Code. Upon the request of an elector, the board of	1814
elections of the county that encompasses the precinct shall	1815
furnish the elector with a copy of the instructions prepared by	1816
the secretary of state under division (P) of section 3501.05 of	1817
the Revised Code and, within fifteen days after the request, a	1818
certificate of the number of signatures required for a valid	1819
petition under this section.	1820

Upon the petition of thirty-five per cent of the total number	1821
of voters voting in any such precinct for the office of governor	1822
at the preceding general election, filed with the board of	1823
elections of the county in which such precinct is located not	1824
later than seventy-five days before a general election, suchthe	1825
board shall prepare ballots and hold an election at such general	1826
election upon the question of allowing spirituous liquor to be	1827
sold by the glass in such precinct. SuchThe ballots shall be	1828
approved in form by the secretary of state. The results of such	1829
the election shall be certified by the board to the secretary of	1830
state, who shall certify the sameresults to the division.	1831

(2) No holder of a class D-3 permit issued for a boat or	1832
vessel shall sell spirituous liquor in any precinct, in which the	1833
election provided for in this section may be held, unless the sale	1834
of suchspirituous liquor by the drink has been authorized by vote	1835
of the electors as provided in this section or in section 4301.35	1836
of the Revised Code.	1837

(D) Any holder of a C or D permit whose permit premises were	1838
purchased in 1986 or 1987 by the state of Ohio or any state agency	1839
for highway purposes shall be issued the same permit at another	1840
location notwithstanding any quota restrictions contained in this	1841
chapter or in any rule of the liquor control commission.	1842

Sec. 4303.30.  The rights granted by any D-2, D-3, D-3a, D-4,	1843
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	1844
or D-6 permit shall be exercised at not more than two fixed	1845
counters, commonly known as bars, in rooms or places on the permit	1846
premises, where malt beveragesbeer, mixed beverages, wine, or	1847
spirituous liquor is sold to the public for consumption on the	1848
premises. For each additional fixed counter on the permit	1849
premises where those beverages are sold for consumption on the	1850
premises, the permit holder shall obtain a duplicate D-2, D-3,	1851
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i,	1852
D-5j, D-5k, or D-6 permit.	1853

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	1854
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-6 permit shall be	1855
granted, upon application to the division of liquor control, a	1856
duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f,	1857
D-5g, D-5h, D-5i, D-5j, D-5k, or D-6 permit for each additional	1858
fixed counter on the permit premises at which beer, malt	1859
beverages, mixed beverages, wine, or spirituous liquor is sold for	1860
consumption on the premises, provided the application is made in	1861
the same manner as an application for an original permit. The	1862
application shall be identified with DUPLICATE printed on the	1863
permit application form furnished by the department, in boldface	1864
type. The application shall identify by name, or otherwise amply	1865
describe, the room or place on the premises where the duplicate	1866
permit is to be operative. Each duplicate permit shall be issued	1867
only to the same individual, firm, or corporation as that of the	1868
original permit and shall be an exact duplicate in size and word	1869
content as the original permit, except that it shall show on it	1870
the name or other ample identification of the room, or place, for	1871
which it is issued and shall have DUPLICATE printed on it in	1872
boldface type. A duplicate permit shall bear the same number as	1873
the original permit. The fee for a duplicate permit is: D-1, one	1874
hundred dollars; D-2, one hundred dollars; D-3, four hundred	1875
dollars; D-3a, four hundred dollars; D-4, two hundred dollars;	1876
D-5, one thousand dollars; D-5a, one thousand dollars; D-5b, one	1877
thousand dollars; D-5c, four hundred dollars; D-5e, six hundred	1878
fifty dollars; D-5f, one thousand dollars; D-6, one hundred	1879
dollars when issued to the holder of a D-4a permit; and in all	1880
other cases one hundred dollars or an amount which is twenty per	1881
cent of the fees payable for the A-1-A, D-2, D-3, D-3a, D-4, D-5,	1882
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, and D-6	1883
permits issued to the same premises, whichever is higher.	1884
Application for a duplicate permit may be filed any time during	1885
the life of an original permit. The fee for each duplicate D-2,	1886
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h,	1887
D-5i, D-5j, D-5k, or D-6 permit shall accompany the application	1888
for each such duplicate permit.	1889

Sec. 4303.332.  An A-1 permit holder in this state whose	1890
total production of beer and malt beverages, wherever produced,	1891
does not exceed thirty-one million gallons in a calendar year, as	1892
reported under section 4303.33 of the Revised Code, shall receive	1893
a credit against taxes levied in the following calendar year under	1894
sections 4301.42 and 4305.01 of the Revised Code on not more than	1895
nine million three hundred thousand gallons of beer or malt	1896
beverages sold or distributed in this state. The credit may be	1897
claimed monthly against taxes levied under one or more of such	1898
those sections as the reports required by section 4303.33 of the	1899
Revised Code are due. At the time the report for December is due	1900
for a calendar year during which a permit holder is eligible to	1901
receive a credit under this section, if the permit holder has	1902
claimed less than the credit due on nine million three hundred	1903
thousand gallons, including credit claimed on the December report,	1904
the permit holder may claim a refund of taxes previously reported	1905
and paid under section 4303.33 of the Revised Code during the	1906
calendar year on a number of gallons equal to the difference	1907
between nine million three hundred thousand gallons and the number	1908
of gallons for which a credit has been claimed under this section.	1909
For the purpose of providing this refund, taxes previously paid	1910
under section 4303.33 of the Revised Code during the calendar year	1911
shall not be considered final until the December report is filed.	1912
The tax commissioner shall prescribe forms for and allow the	1913
credits and refunds authorized by this section.	1914

Sec. 4303.35.  No holders of A-1-A, C-1, C-2, D-1, D-2, D-3,	1915
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	1916
D-5h, D-5i, D-5j, D-5k, F, or F-3 permits shall purchase any beer	1917
or malt beverage subject to the tax imposed by sections 4301.42	1918
and 4305.01 of the Revised Code or any wine or mixed beverage	1919
subject to the tax imposed by section 4301.43 of the Revised Code	1920
for resale, except from holders of A or B permits.	1921

No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	1922
D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, or D-5j, or D-5k permits	1923
shall purchase spirituous liquor for resale except from the	1924
division of liquor control, unless with the special consent of the	1925
division under particular regulations and markup provisions	1926
prescribed by the superintendent of liquor control.	1927

Sec. 4305.01.  For the purpose of reimbursing the state for	1928
the expenses of administering Chapters 4301. and 4303. of the	1929
Revised Code and to provide revenues for the support of the state,	1930
a tax is hereby levied on the sale or distribution in Ohiothis	1931
state of beer, whether in barrels or other containers, excepting	1932
in sealed bottles or cans, at the rate of five dollars and	1933
fifty-eight cents per barrel of thirty-one gallons.	1934

The tax commissioner shall exercise, with respect to the	1935
administration of the tax imposed by this section, all the powers	1936
and duties vested in or imposed by sections 4307.04 to 4307.07 of	1937
the Revised Code, so far as consistent with this section.	1938
Manufacturers and consignees of beer in barrels or other	1939
containers, excepting in sealed bottles or cans, and railroad	1940
companies, express companies, and other public carriers	1941
transporting shipments of such beer are subject, with respect to	1942
such tax, to the same duties and entitled to the same privileges	1943
as are required or permitted by suchthose sections.	1944

The revenue derived from the tax on the sale and distribution	1945
of beer pursuant to this section and section 4301.42 of the	1946
Revised Code shall be for the use of the general revenue fund.	1947

The tax refund fund created by section 5703.052 of the	1948
Revised Code may be drawn upon by the tax commissioner for any	1949
refunds authorized to be made by himthe commissioner in sections	1950
4303.33, 4307.05, and 4307.07 of the Revised Code for malt	1951
beveragesbeer.	1952

Sec. 4305.03.  No person shall make any false entry upon an	1953
invoice, or container of beer, ale, porter, stout, or other malt	1954
beverage,when the entry is required to be made under section	1955
4305.01 of the Revised Code, or present any such false entry for	1956
the inspection of the tax commissioner.	1957

Sec. 4305.04.  No person shall prevent or hinder the tax	1958
commissioner from making a full inspection of any place where	1959
beer, ale, porter, stout, or other malt beverages subject to the	1960
tax imposed by section 4305.01 of the Revised Code areis sold or	1961
stored, or prevent or hinder the full inspection of invoices,	1962
books, records, or papers required to be kept under suchthat	1963
section.	1964

Sec. 4399.09. (A) No person shall keep a place where beer or	1965
intoxicating liquors are sold, furnished, or given away in	1966
violation of law. The court, on conviction for a subsequent	1967
offenseviolation of this section, shall order the place where	1968
suchthe beer or intoxicating liquor is sold, furnished, or given	1969
away to be abated as a nuisance, or shall order the person so	1970
convicted for such offense to give bond payable to the state in	1971
the sum of one thousand dollars, with sureties to the acceptance	1972
of the court, that suchthe person will not sell, furnish, or give	1973
away beer or intoxicating liquor in violation of law, and will pay	1974
all fines, costs, and damages assessed against himthe person for	1975
suchthat subsequent violation of this section. The giving away	1976
of beer or intoxicating liquors, or any other device to evade this	1977
sectiondivision, constitutes unlawful selling.	1978

As used in this sectiondivision, "beer" has the same meaning	1979
set forthas in section 4301.01 of the Revised Code.	1980

(B) Division (A) of this section does not apply to any	1981
premises for which a permit has been issued under Chapter 4303. of	1982
the Revised Code while that permit is in effect.	1983

Sec. 4399.12.  No provision contained in Title XLIII of the	1984
Revised Code that prohibits the sale of intoxicating liquors in	1985
any of the circumstances described in section 4399.11 of the	1986
Revised Code extends to or prevents the holder of an A, B, C-2,	1987
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g,	1988
D-5h, D-5i, D-5j, D-5k, G, or I permit issued by the division of	1989
liquor control from distributing or selling intoxicating liquor at	1990
the place of business described in the permit of the holder.	1991

Sec. 4399.15.  No person, for the purpose of sale, shall	1992
adulterate spirituous liquor, alcoholic liquor, or malt liquor	1993
beer used or intended for drink or medicinal or mechanical	1994
purposes, with cocculus indicus, vitriol, grains of paradise,	1995
opium, alum, capsicum, copperas, laurel water, logwood,	1996
Brazilwood, cochineal, sugar of lead, aloes, glucose, tannic acid,	1997
or any other substance whichthat is poisonous or injurious to	1998
health, or with a substance not a necessary ingredient in the	1999
manufacture thereofof the spirituous liquor, alcoholic liquor, or	2000
beer, or sell, offer, or keep for sale liquorsspirituous liquor,	2001
alcoholic liquor, or beer that is so adulterated.	2002

In addition to the penalties provided in division (E) of	2003
section 4399.99 of the Revised Code, a person convicted of	2004
violating this section shall pay all necessary costs and expenses	2005
incurred in inspecting and analyzing liquorsspirituous liquor,	2006
alcoholic liquor, or beer that is so adulterated, sold, kept, or	2007
offered for sale.	2008

Sec. 5733.065.  (A) As used in this section, "litter stream	2009
products" means:	2010

(1) Intoxicating liquor, beer, malt beverages, wine, mixed	2011
beverages, or spirituous liquor as defined in section 4301.01 of	2012
the Revised Code;	2013

(2) Soft drinks as defined in section 913.22 of the Revised	2014
Code;	2015

(3) Glass, metal, plastic, or fiber containers with a	2016
capacity of less than two gallons sold for the purpose of being	2017
incorporated into or becoming a part of a product enumerated in	2018
divisions (A)(1) and (2) of this section;	2019

(4) Container crowns and closures sold for the purpose of	2020
being incorporated into or becoming a part of a product enumerated	2021
in divisions (A)(1) and (2) of this section;	2022

(5) Packaging materials transferred or intended for transfer	2023
of use or possession in conjunction with retail sales of products	2024
enumerated in divisions (A)(1) and (2) of this section;	2025

(6) Packaging materials in the finished form in which they	2026
are to be used, including sacks, bags, cups, lids, straws, plates,	2027
wrappings, boxes, or containers of any type used in the packaging	2028
or serving of food or beverages, when the food or beverages are	2029
prepared for human consumption by a restaurant or take-out food	2030
outlet at the premises where sold at retail and are delivered to a	2031
purchaser for consumption off the premises where the food or	2032
beverages are sold;	2033

(7) Cigarettes, cigars, tobacco, matches, candy, and gum.

2034

(B) For the purpose of providing additional funding for the	2035
division of recycling and litter prevention under Chapter 1502. of	2036
the Revised Code, there is hereby levied an additional tax on	2037
corporations for the privilege of manufacturing or selling litter	2038
stream products in this state. The tax imposed by this section is	2039
in addition to the tax charged under section 5733.06 of the	2040
Revised Code, computed at the rate prescribed by section 5733.066	2041
of the Revised Code. This section does not apply for tax year	2042
1981 to a corporation whose taxable year for tax year 1981 ended	2043
on or before June 30, 1980.	2044

(C) The tax shall be imposed upon each corporation subject	2045
to the tax imposed by section 5733.06 of the Revised Code that	2046
manufactures or sells litter stream products in this state. The	2047
tax for each year shall be in an amount equal to the greater of	2048
either:	2049

(1) Twenty-two hundredths of one per cent upon the value of	2050
that portion of the taxpayer's issued and outstanding shares of	2051
stock as determined under division (B) of section 5733.05 of the	2052
Revised Code that is subject to the rate contained in division (B)	2053
of section 5733.06 of the Revised Code;	2054

(2) Fourteen one-hundredths of a mill times the value of the	2055
taxpayer's issued and outstanding shares of stock as determined	2056
under division (C) of section 5733.05 of the Revised Code.	2057

The additional tax charged any taxpayer or group of combined	2058
taxpayers pursuant to this section for any tax year shall not	2059
exceed five thousand dollars.	2060

(D)(1) In the case of a corporation engaged in the business	2061
of manufacturing litter stream products, no tax shall be due under	2062
this section unless the sale of litter stream products in this	2063
state during the taxable year exceeds five per cent of the total	2064
sales in this state of the corporation during that period or	2065
unless the total sales in this state of litter stream products by	2066
the corporation during the taxable year exceed ten million	2067
dollars.	2068

(2) In the case of a corporation engaged in the business of	2069
selling litter stream products in the form in which the item is or	2070
is to be received, no tax shall be due under this section unless	2071
the corporation's sales of litter stream products in this state	2072
during the taxable year constitute more than five per cent of its	2073
total sales in this state during that period.	2074

(3) In the case of a corporation transferring possession of	2075
litter stream products included in division (A)(6) of this	2076
section, in which food or beverages prepared for human consumption	2077
are placed, when the food or beverages are prepared for retail	2078
sale at the premises where sold and are delivered to a purchaser	2079
for consumption off the premises where the food or beverages are	2080
sold, no tax shall be due under this section unless such sales for	2081
off-premises consumption during the taxable year exceed five per	2082
cent of the corporation's total annual sales during the taxable	2083
year.	2084

(E)(1) The tax imposed by this section is due in the	2085
proportions and on the dates on which the tax imposed by section	2086
5733.06 of the Revised Code may be paid without penalty.	2087

(2) Payment of the tax and any reports or returns required	2088
to enable the tax commissioner to determine the correct amount of	2089
the tax shall be submitted with and are due at the same time as	2090
payments and reports required to be submitted under this chapter.	2091

(3) If the tax is not paid in full on or before the date	2092
required by division (E)(1) of this section, the unpaid portion of	2093
the tax due and unpaid shall be subject to all provisions of this	2094
chapter for the collection of unpaid, delinquent taxes imposed by	2095
section 5733.06 of the Revised Code, except that all such taxes,	2096
interest, and penalties, when collected, shall be treated as	2097
proceeds arising from the tax imposed by this section and shall be	2098
deposited in the general revenue fund.	2099

The tax levied on corporations under this section does not	2100
prohibit or otherwise limit the authority of municipal	2101
corporations to impose an income tax on the income of such	2102
corporations.	2103

Sec. 5739.02.  For the purpose of providing revenue with	2104
which to meet the needs of the state, for the use of the general	2105
revenue fund of the state, for the purpose of securing a thorough	2106
and efficient system of common schools throughout the state, for	2107
the purpose of affording revenues, in addition to those from	2108
general property taxes, permitted under constitutional	2109
limitations, and from other sources, for the support of local	2110
governmental functions, and for the purpose of reimbursing the	2111
state for the expense of administering this chapter, an excise tax	2112
is hereby levied on each retail sale made in this state.	2113

(A) The tax shall be collected pursuant to the schedules in	2114
section 5739.025 of the Revised Code.	2115

The tax applies and is collectible when the sale is made,	2116
regardless of the time when the price is paid or delivered.	2117

In the case of a sale, the price of which consists in whole	2118
or in part of rentals for the use of the thing transferred, the	2119
tax, as regards suchthose rentals, shall be measured by the	2120
installments thereofof those rentals.	2121

In the case of a sale of a service defined under division	2122
(MM) or (NN) of section 5739.01 of the Revised Code, the price of	2123
which consists in whole or in part of a membership for the receipt	2124
of the benefit of the service, the tax applicable to the sale	2125
shall be measured by the installments thereof.	2126

(B) The tax does not apply to the following:

2127

(1) Sales to the state or any of its political subdivisions,	2128
or to any other state or its political subdivisions if the laws of	2129
that state exempt from taxation sales made to this state and its	2130
political subdivisions;	2131

(2) Sales of food for human consumption off the premises	2132
where sold;	2133

(3) Sales of food sold to students only in a cafeteria,	2134
dormitory, fraternity, or sorority maintained in a private,	2135
public, or parochial school, college, or university;	2136

(4) Sales of newspapers, and of magazine subscriptions	2137
shipped by second class mail, and sales or transfers of magazines	2138
distributed as controlled circulation publications;	2139

(5) The furnishing, preparing, or serving of meals without	2140
charge by an employer to an employee provided the employer records	2141
the meals as part compensation for services performed or work	2142
done;	2143

(6) Sales of motor fuel upon receipt, use, distribution, or	2144
sale of which in this state a tax is imposed by the law of this	2145
state, but this exemption shall not apply to the sale of motor	2146
fuel on which a refund of the tax is allowable under section	2147
5735.14 of the Revised Code; and the tax commissioner may deduct	2148
the amount of tax levied by this section applicable to the price	2149
of motor fuel when granting a refund of motor fuel tax pursuant to	2150
section 5735.14 of the Revised Code and shall cause the amount	2151
deducted to be paid into the general revenue fund of this state;	2152

(7) Sales of natural gas by a natural gas company, of water	2153
by a water-works company, or of steam by a heating company, if in	2154
each case the thing sold is delivered to consumers through pipes	2155
or conduits, and all sales of communications services by a	2156
telephone or telegraph company, all terms as defined in section	2157
5727.01 of the Revised Code;	2158

(8) Casual sales by a person, or auctioneer employed	2159
directly by the person to conduct such sales, except as to such	2160
sales of motor vehicles, watercraft or outboard motors required to	2161
be titled under section 1548.06 of the Revised Code, watercraft	2162
documented with the United States coast guard, snowmobiles, and	2163
all-purpose vehicles as defined in section 4519.01 of the Revised	2164
Code;	2165

(9) Sales of services or tangible personal property, other	2166
than motor vehicles, mobile homes, and manufactured homes, by	2167
churches, organizations exempt from taxation under section	2168
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	2169
organizations operated exclusively for charitable purposes as	2170
defined in division (B)(12) of this section, provided that the	2171
number of days on which such tangible personal property or	2172
services, other than items never subject to the tax, are sold does	2173
not exceed six in any calendar year. If the number of days on	2174
which such sales are made exceeds six in any calendar year, the	2175
church or organization shall be considered to be engaged in	2176
business and all subsequent sales by it shall be subject to the	2177
tax. In counting the number of days, all sales by groups within a	2178
church or within an organization shall be considered to be sales	2179
of that church or organization, except that sales made by separate	2180
student clubs and other groups of students of a primary or	2181
secondary school, and sales made by a parent-teacher association,	2182
booster group, or similar organization that raises money to	2183
support or fund curricular or extracurricular activities of a	2184
primary or secondary school, shall not be considered to be sales	2185
of such school, and sales by each such club, group, association,	2186
or organization shall be counted separately for purposes of the	2187
six-day limitation. This division does not apply to sales by a	2188
noncommercial educational radio or television broadcasting	2189
station.	2190

(10) Sales not within the taxing power of this state under	2191
the Constitution of the United States;	2192

(11) The transportation of persons or property, unless the	2193
transportation is by a private investigation and security service;	2194

(12) Sales of tangible personal property or services to	2195
churches, to organizations exempt from taxation under section	2196
501(c)(3) of the Internal Revenue Code of 1986, and to any other	2197
nonprofit organizations operated exclusively for charitable	2198
purposes in this state, no part of the net income of which inures	2199
to the benefit of any private shareholder or individual, and no	2200
substantial part of the activities of which consists of carrying	2201
on propaganda or otherwise attempting to influence legislation;	2202
sales to offices administering one or more homes for the aged or	2203
one or more hospital facilities exempt under section 140.08 of the	2204
Revised Code; and sales to organizations described in division (D)	2205
of section 5709.12 of the Revised Code.	2206

"Charitable purposes" means the relief of poverty; the	2207
improvement of health through the alleviation of illness, disease,	2208
or injury; the operation of an organization exclusively for the	2209
provision of professional, laundry, printing, and purchasing	2210
services to hospitals or charitable institutions; the operation of	2211
a home for the aged, as defined in section 5701.13 of the Revised	2212
Code; the operation of a radio or television broadcasting station	2213
that is licensed by the federal communications commission as a	2214
noncommercial educational radio or television station; the	2215
operation of a nonprofit animal adoption service or a county	2216
humane society; the promotion of education by an institution of	2217
learning that maintains a faculty of qualified instructors,	2218
teaches regular continuous courses of study, and confers a	2219
recognized diploma upon completion of a specific curriculum; the	2220
operation of a parent-teacher association, booster group, or	2221
similar organization primarily engaged in the promotion and	2222
support of the curricular or extracurricular activities of a	2223
primary or secondary school; the operation of a community or area	2224
center in which presentations in music, dramatics, the arts, and	2225
related fields are made in order to foster public interest and	2226
education therein; the production of performances in music,	2227
dramatics, and the arts; or the promotion of education by an	2228
organization engaged in carrying on research in, or the	2229
dissemination of, scientific and technological knowledge and	2230
information primarily for the public.	2231

Nothing in this division shall be deemed to exempt sales to	2232
any organization for use in the operation or carrying on of a	2233
trade or business, or sales to a home for the aged for use in the	2234
operation of independent living facilities as defined in division	2235
(A) of section 5709.12 of the Revised Code.	2236

(13) Building and construction materials and services sold	2237
to construction contractors for incorporation into a structure or	2238
improvement to real property under a construction contract with	2239
this state or a political subdivision thereofof this state, or	2240
with the United States government or any of its agencies; building	2241
and construction materials and services sold to construction	2242
contractors for incorporation into a structure or improvement to	2243
real property that are accepted for ownership by this state or any	2244
of its political subdivisions, or by the United States government	2245
or any of its agencies at the time of completion of suchthe	2246
structures or improvements; building and construction materials	2247
sold to construction contractors for incorporation into a	2248
horticulture structure or livestock structure for a person engaged	2249
in the business of horticulture or producing livestock; building	2250
materials and services sold to a construction contractor for	2251
incorporation into a house of public worship or religious	2252
education, or a building used exclusively for charitable purposes	2253
under a construction contract with an organization whose purpose	2254
is as described in division (B)(12) of this section; building	2255
materials and services sold to a construction contractor for	2256
incorporation into a building under a construction contract with	2257
an organization exempt from taxation under section 501(c)(3) of	2258
the Internal Revenue Code of 1986 when the building is to be used	2259
exclusively for the organization's exempt purposes; building and	2260
construction materials sold for incorporation into the original	2261
construction of a sports facility under section 307.696 of the	2262
Revised Code; and building and construction materials and services	2263
sold to a construction contractor for incorporation into real	2264
property outside this state if such materials and services, when	2265
sold to a construction contractor in the state in which the real	2266
property is located for incorporation into real property in that	2267
state, would be exempt from a tax on sales levied by that state;	2268

(14) Sales of ships or vessels or rail rolling stock used or	2269
to be used principally in interstate or foreign commerce, and	2270
repairs, alterations, fuel, and lubricants for such ships or	2271
vessels or rail rolling stock;	2272

(15) Sales to persons engaged in any of the activities	2273
mentioned in division (E)(2) or (9) of section 5739.01 of the	2274
Revised Code, to persons engaged in making retail sales, or to	2275
persons who purchase for sale from a manufacturer tangible	2276
personal property that was produced by the manufacturer in	2277
accordance with specific designs provided by the purchaser, of	2278
packages, including material, labels, and parts for packages, and	2279
of machinery, equipment, and material for use primarily in	2280
packaging tangible personal property produced for sale, including	2281
any machinery, equipment, and supplies used to make labels or	2282
packages, to prepare packages or products for labeling, or to	2283
label packages or products, by or on the order of the person doing	2284
the packaging, or sold at retail. "Packages" includes bags,	2285
baskets, cartons, crates, boxes, cans, bottles, bindings,	2286
wrappings, and other similar devices and containers, and	2287
"packaging" means placing therein.	2288

(16) Sales of food to persons using food stamp benefits to	2289
purchase the food. As used in division (B)(16) of this section,	2290
"food" has the same meaning as in the "Food Stamp Act of 1977," 91	2291
Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations	2292
adopted pursuant to that act.	2293

(17) Sales to persons engaged in farming, agriculture,	2294
horticulture, or floriculture, of tangible personal property for	2295
use or consumption directly in the production by farming,	2296
agriculture, horticulture, or floriculture of other tangible	2297
personal property for use or consumption directly in the	2298
production of tangible personal property for sale by farming,	2299
agriculture, horticulture, or floriculture; or material and parts	2300
for incorporation into any such tangible personal property for use	2301
or consumption in production; and of tangible personal property	2302
for such use or consumption in the conditioning or holding of	2303
products produced by and for such use, consumption, or sale by	2304
persons engaged in farming, agriculture, horticulture, or	2305
floriculture, except where such property is incorporated into real	2306
property;	2307

(18) Sales of drugs dispensed by a licensed pharmacist upon	2308
the order of a licensed health professional authorized to	2309
prescribe drugs to a human being, as the term "licensed health	2310
professional authorized to prescribe drugs" is defined in section	2311
4729.01 of the Revised Code; insulin as recognized in the official	2312
United States pharmacopoeia; urine and blood testing materials	2313
when used by diabetics or persons with hypoglycemia to test for	2314
glucose or acetone; hypodermic syringes and needles when used by	2315
diabetics for insulin injections; epoetin alfa when purchased for	2316
use in the treatment of persons with end-stage renal disease;	2317
hospital beds when purchased for use by persons with medical	2318
problems for medical purposes; and oxygen and oxygen-dispensing	2319
equipment when purchased for use by persons with medical problems	2320
for medical purposes;	2321

(19)(a) Sales of artificial limbs or portion thereof, breast	2322
prostheses, and other prosthetic devices for humans; braces or	2323
other devices for supporting weakened or nonfunctioning parts of	2324
the human body; crutches or other devices to aid human	2325
perambulation; and items of tangible personal property used to	2326
supplement impaired functions of the human body such as	2327
respiration, hearing, or elimination;	2328

(b) Sales of wheelchairs; items incorporated into or used in	2329
conjunction with a motor vehicle for the purpose of transporting	2330
wheelchairs, other than transportation conducted in connection	2331
with the sale or delivery of wheelchairs; and items incorporated	2332
into or used in conjunction with a motor vehicle that are	2333
specifically designed to assist a person with a disability to	2334
access or operate the motor vehicle. As used in this division,	2335
"person with a disability" means any person who has lost the use	2336
of one or both legs or one or both arms, who is blind, deaf, or	2337
disabled to the extent that the person is unable to move about	2338
without the aid of crutches or a wheelchair, or whose mobility is	2339
restricted by a permanent cardiovascular, pulmonary, or other	2340
disabling condition.	2341

(c) No exemption under this division shall be allowed for	2342
nonprescription drugs, medicines, or remedies; items or devices	2343
used to supplement vision; items or devices whose function is	2344
solely or primarily cosmetic; or physical fitness equipment. This	2345
division does not apply to sales to a physician or medical	2346
facility for use in the treatment of a patient.	2347

(20) Sales of emergency and fire protection vehicles and	2348
equipment to nonprofit organizations for use solely in providing	2349
fire protection and emergency services, including trauma care and	2350
emergency medical services, for political subdivisions of the	2351
state;	2352

(21) Sales of tangible personal property manufactured in	2353
this state, if sold by the manufacturer in this state to a	2354
retailer for use in the retail business of the retailer outside of	2355
this state and if possession is taken from the manufacturer by the	2356
purchaser within this state for the sole purpose of immediately	2357
removing the same from this state in a vehicle owned by the	2358
purchaser;	2359

(22) Sales of services provided by the state or any of its	2360
political subdivisions, agencies, instrumentalities, institutions,	2361
or authorities, or by governmental entities of the state or any of	2362
its political subdivisions, agencies, instrumentalities,	2363
institutions, or authorities;	2364

(23) Sales of motor vehicles to nonresidents of this state	2365
upon the presentation of an affidavit executed in this state by	2366
the nonresident purchaser affirming that the purchaser is a	2367
nonresident of this state, that possession of the motor vehicle is	2368
taken in this state for the sole purpose of immediately removing	2369
it from this state, that the motor vehicle will be permanently	2370
titled and registered in another state, and that the motor vehicle	2371
will not be used in this state;	2372

(24) Sales to persons engaged in the preparation of eggs for	2373
sale of tangible personal property used or consumed directly in	2374
such preparation, including such tangible personal property used	2375
for cleaning, sanitizing, preserving, grading, sorting, and	2376
classifying by size; packages, including material and parts for	2377
packages, and machinery, equipment, and material for use in	2378
packaging eggs for sale; and handling and transportation equipment	2379
and parts therefor, except motor vehicles licensed to operate on	2380
public highways, used in intraplant or interplant transfers or	2381
shipment of eggs in the process of preparation for sale, when the	2382
plant or plants within or between which such transfers or	2383
shipments occur are operated by the same person. "Packages"	2384
includes containers, cases, baskets, flats, fillers, filler flats,	2385
cartons, closure materials, labels, and labeling materials, and	2386
"packaging" means placing therein.	2387

(25)(a) Sales of water to a consumer for residential use,	2388
except the sale of bottled water, distilled water, mineral water,	2389
carbonated water, or ice;	2390

(b) Sales of water by a nonprofit corporation engaged	2391
exclusively in the treatment, distribution, and sale of water to	2392
consumers, if such water is delivered to consumers through pipes	2393
or tubing.	2394

(26) Fees charged for inspection or reinspection of motor	2395
vehicles under section 3704.14 of the Revised Code;	2396

(27) Sales to persons licensed to conduct a food service	2397
operation pursuant to section 3717.43 of the Revised Code, of	2398
tangible personal property primarily used directly for the	2399
following:	2400

(a) To prepare food for human consumption for sale;

2401

(b) To preserve food that has been or will be prepared for	2402
human consumption for sale by the food service operator, not	2403
including tangible personal property used to display food for	2404
selection by the consumer;	2405

(c) To clean tangible personal property used to prepare or	2406
serve food for human consumption for sale.	2407

(28) Sales of animals by nonprofit animal adoption services	2408
or county humane societies;	2409

(29) Sales of services to a corporation described in	2410
division (A) of section 5709.72 of the Revised Code, and sales of	2411
tangible personal property that qualifies for exemption from	2412
taxation under section 5709.72 of the Revised Code;	2413

(30) Sales and installation of agricultural land tile, as	2414
defined in division (B)(5)(a) of section 5739.01 of the Revised	2415
Code;	2416

(31) Sales and erection or installation of portable grain	2417
bins, as defined in division (B)(5)(b) of section 5739.01 of the	2418
Revised Code;	2419

(32) The sale, lease, repair, and maintenance of, parts for,	2420
or items attached to or incorporated in, motor vehicles that are	2421
primarily used for transporting tangible personal property by a	2422
person engaged in highway transportation for hire;	2423

(33) Sales to the state headquarters of any veterans'	2424
organization in Ohio that is either incorporated and issued a	2425
charter by the congress of the United States or is recognized by	2426
the United States veterans administration, for use by the	2427
headquarters;	2428

(34) Sales to a telecommunications service vendor of	2429
tangible personal property and services used directly and	2430
primarily in transmitting, receiving, switching, or recording any	2431
interactive, two-way electromagnetic communications, including	2432
voice, image, data, and information, through the use of any	2433
medium, including, but not limited to, poles, wires, cables,	2434
switching equipment, computers, and record storage devices and	2435
media, and component parts for the tangible personal property.	2436
The exemption provided in division (B)(34) of this section shall	2437
be in lieu of all other exceptions under division (E)(2) of	2438
section 5739.01 of the Revised Code to which a telecommunications	2439
service vendor may otherwise be entitled based upon the use of the	2440
thing purchased in providing the telecommunications service.	2441

(35) Sales of investment metal bullion and investment coins.	2442
"Investment metal bullion" means any elementary precious metal	2443
that has been put through a process of smelting or refining,	2444
including, but not limited to, gold, silver, platinum, and	2445
palladium, and which is in such state or condition that its value	2446
depends upon its content and not upon its form. "Investment metal	2447
bullion" does not include fabricated precious metal that has been	2448
processed or manufactured for one or more specific and customary	2449
industrial, professional, or artistic uses. "Investment coins"	2450
means numismatic coins or other forms of money and legal tender	2451
manufactured of gold, silver, platinum, palladium, or other metal	2452
under the laws of the United States or any foreign nation with a	2453
fair market value greater than any statutory or nominal value of	2454
such coins.	2455

(36)(a) Sales where the purpose of the consumer is to use or	2456
consume the things transferred in making retail sales and	2457
consisting of newspaper inserts, catalogues, coupons, flyers, gift	2458
certificates, or other advertising material that prices and	2459
describes tangible personal property offered for retail sale.	2460

(b) Sales to direct marketing vendors of preliminary	2461
materials such as photographs, artwork, and typesetting that will	2462
be used in printing advertising material; of printed matter that	2463
offers free merchandise or chances to win sweepstake prizes and	2464
that is mailed to potential customers with advertising material	2465
described in division (B)(36)(a) of this section; and of equipment	2466
such as telephones, computers, facsimile machines, and similar	2467
tangible personal property primarily used to accept orders for	2468
direct marketing retail sales.	2469

(c) Sales of automatic food vending machines that preserve	2470
food with a shelf life of forty-five days or less by refrigeration	2471
and dispense it to the consumer.	2472

For purposes of division (B)(36) of this section, "direct	2473
marketing" means the method of selling where consumers order	2474
tangible personal property by United States mail, delivery	2475
service, or telecommunication and the vendor delivers or ships the	2476
tangible personal property sold to the consumer from a warehouse,	2477
catalogue distribution center, or similar fulfillment facility by	2478
means of the United States mail, delivery service, or common	2479
carrier.	2480

(37) Sales to a person engaged in the business of	2481
horticulture or producing livestock of materials to be	2482
incorporated into a horticulture structure or livestock structure;	2483

(38) The sale of a motor vehicle that is used exclusively	2484
for a vanpool ridesharing arrangement to persons participating in	2485
the vanpool ridesharing arrangement when the vendor is selling the	2486
vehicle pursuant to a contract between the vendor and the	2487
department of transportation;	2488

(39) Sales of personal computers, computer monitors,	2489
computer keyboards, modems, and other peripheral computer	2490
equipment to an individual who is licensed or certified to teach	2491
in an elementary or a secondary school in this state for use by	2492
that individual in preparation for teaching elementary or	2493
secondary school students;	2494

(40) Sales to a professional racing team of any of the	2495
following:	2496

(a) Motor racing vehicles;

2497

(b) Repair services for motor racing vehicles;

2498

(c) Items of property that are attached to or incorporated	2499
in motor racing vehicles, including engines, chassis, and all	2500
other components of the vehicles, and all spare, replacement, and	2501
rebuilt parts or components of the vehicles; except not including	2502
tires, consumable fluids, paint, and accessories consisting of	2503
instrumentation sensors and related items added to the vehicle to	2504
collect and transmit data by means of telemetry and other forms of	2505
communication.	2506

(41) Sales of used manufactured homes and used mobile homes,	2507
as defined in section 5739.0210 of the Revised Code, made on or	2508
after January 1, 2000;	2509

(42) Sales of tangible personal property and services to a	2510
provider of electricity used or consumed directly and primarily in	2511
generating, transmitting, or distributing electricity for use by	2512
others, including property that is or is to be incorporated into	2513
and will become a part of the consumer's production, transmission,	2514
or distribution system and that retains its classification as	2515
tangible personal property after incorporation; fuel or power used	2516
in the production, transmission, or distribution of electricity;	2517
and tangible personal property and services used in the repair and	2518
maintenance of the production, transmission, or distribution	2519
system, including only those motor vehicles as are specially	2520
designed and equipped for such use. The exemption provided in	2521
this division shall be in lieu of all other exceptions in division	2522
(E)(2) of section 5739.01 of the Revised Code to which a provider	2523
of electricity may otherwise be entitled based on the use of the	2524
tangible personal property or service purchased in generating,	2525
transmitting, or distributing electricity.	2526

For the purpose of the proper administration of this chapter,	2527
and to prevent the evasion of the tax, it is presumed that all	2528
sales made in this state are subject to the tax until the contrary	2529
is established.	2530

As used in this section, except in division (B)(16) of this	2531
section, "food" includes cereals and cereal products, milk and	2532
milk products including ice cream, meat and meat products, fish	2533
and fish products, eggs and egg products, vegetables and vegetable	2534
products, fruits, fruit products, and pure fruit juices,	2535
condiments, sugar and sugar products, coffee and coffee	2536
substitutes, tea, and cocoa and cocoa products. It does not	2537
include: spirituous or malt liquors or beer; soft drinks; sodas	2538
and beverages that are ordinarily dispensed at or in connection	2539
with bars and soda fountains or in connection therewith, other	2540
than coffee, tea, and cocoa; root beer and root beer extracts;	2541
malt and malt extracts; mineral oils, cod liver oils, and halibut	2542
liver oil; medicines, including tonics, vitamin preparations, and	2543
other products sold primarily for their medicinal properties; and	2544
water, including mineral, bottled, and carbonated waters, and ice.	2545

(C) The levy of an excise tax on transactions by which	2546
lodging by a hotel is or is to be furnished to transient guests	2547
pursuant to this section and division (B) of section 5739.01 of	2548
the Revised Code does not prevent any of the following:	2549

(1) A municipal corporation or township from levying an	2550
excise tax for any lawful purpose not to exceed three per cent on	2551
transactions by which lodging by a hotel is or is to be furnished	2552
to transient guests in addition to the tax levied by this section.	2553
If a municipal corporation or township repeals a tax imposed under	2554
division (C)(1) of this section and a county in which the	2555
municipal corporation or township has territory has a tax imposed	2556
under division (C) of section 5739.024 of the Revised Code in	2557
effect, the municipal corporation or township may not reimpose its	2558
tax as long as that county tax remains in effect. A municipal	2559
corporation or township in which a tax is levied under division	2560
(B)(2) of section 351.021 of the Revised Code may not increase the	2561
rate of its tax levied under division (C)(1) of this section to	2562
any rate that would cause the total taxes levied under both of	2563
those divisions to exceed three per cent on any lodging	2564
transaction within the municipal corporation or township.	2565

(2) A municipal corporation or a township from levying an	2566
additional excise tax not to exceed three per cent on such	2567
transactions pursuant to division (B) of section 5739.024 of the	2568
Revised Code. Such tax is in addition to any tax imposed under	2569
division (C)(1) of this section.	2570

(3) A county from levying an excise tax pursuant to division	2571
(A) of section 5739.024 of the Revised Code.	2572

(4) A county from levying an excise tax not to exceed three	2573
per cent of such transactions pursuant to division (C) of section	2574
5739.024 of the Revised Code. Such a tax is in addition to any	2575
tax imposed under division (C)(3) of this section.	2576

(5) A convention facilities authority, as defined in	2577
division (A) of section 351.01 of the Revised Code, from levying	2578
the excise taxes provided for in division (B) of section 351.021	2579
of the Revised Code.	2580

(6) A county from levying an excise tax not to exceed one	2581
and one-half per cent of such transactions pursuant to division	2582
(D) of section 5739.024 of the Revised Code. Such tax is in	2583
addition to any tax imposed under division (C)(3) or (4) of this	2584
section.	2585

(7) A county from levying an excise tax not to exceed one	2586
and one-half per cent of such transactions pursuant to division	2587
(E) of section 5739.024 of the Revised Code. Such a tax is in	2588
addition to any tax imposed under division (C)(3), (4), or (6) of	2589
this section.	2590

(D) The levy of this tax on retail sales of recreation and	2591
sports club service shall not prevent a municipal corporation from	2592
levying any tax on recreation and sports club dues or on any	2593
income generated by recreation and sports club dues.	2594

Section 2.  That existing sections 1333.82, 1502.07, 3719.44,	2595
4301.01, 4301.03, 4301.041, 4301.042, 4301.24, 4301.241, 4301.333,	2596
4301.355, 4301.365, 4301.402, 4301.42, 4301.47, 4301.54, 4301.55,	2597
4301.62, 4303.01, 4303.02, 4303.06, 4303.07, 4303.10, 4303.181,	2598
4303.182, 4303.22, 4303.29, 4303.30, 4303.332, 4303.35, 4305.01,	2599
4305.03, 4305.04, 4399.09, 4399.12, 4399.15, 5733.065, and 5739.02	2600
of the Revised Code are hereby repealed.	2601

Section 3.  Section 5739.02 of the Revised Code is presented	2603
in this act as a composite of the section as amended by both Am.	2604
Sub. H.B. 94 and Sub. H.B. 117 of the 124th General Assembly. The	2605
General Assembly, applying the principle stated in division (B) of	2606
section 1.52 of the Revised Code that amendments are to be	2607
harmonized if reasonably capable of simultaneous operation, finds	2608
that the composite is the resulting version of the section in	2609
effect prior to the effective date of the section as presented in	2610
this act.	2611