SENATOR Austria

To amend sections 2913.02, 2935.041, 3745.71, and

1

3745.72 and to enact section 2913.07 of the

2

Revised Code to permit a suspension of the

3

driver's licenses of offenders convicted of theft

4

by reason of causing a motor vehicle to leave the

5

premises of a retail gasoline establishment

6

without full payment for gasoline dispensed into

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the motor vehicle's fuel tank or another

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container; to declare that those sections in the

9

Revised Code that regulate theft of gasoline in

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certain circumstances are general laws; to

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prohibit motion picture piracy; to authorize the

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detention of individuals suspected of motion

13

picture piracy; and to extend from January 1,

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2004, to January 1, 2009, the time by which

15

environmental audits must be completed in order to

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be within the scope of certain privileges and

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immunities that apply to such audits.

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

Section 1. That sections 2913.02, 2935.041, 3745.71, and	19
3745.72 be amended and section 2913.07 of the Revised Code be	20
enacted to read as follows:	21

Sec. 2913.02.  (A) No person, with purpose to deprive the	22
owner of property or services, shall knowingly obtain or exert	23
control over either the property or services in any of the	24
following ways:	25

(1) Without the consent of the owner or person authorized to	26
give consent;	27

(2) Beyond the scope of the express or implied consent of the	28
owner or person authorized to give consent;	29

(3) By deception;

30

(4) By threat;

31

(5) By intimidation.

32

(B)(1) Whoever violates this section is guilty of theft.

33

(2) Except as otherwise provided in this division or division	34
(B)(3), (4), (5), or (6) of this section, a violation of this	35
section is petty theft, a misdemeanor of the first degree. If the	36
value of the property or services stolen is five hundred dollars	37
or more and is less than five thousand dollars or if the property	38
stolen is any of the property listed in section 2913.71 of the	39
Revised Code, a violation of this section is theft, a felony of	40
the fifth degree. If the value of the property or services stolen	41
is five thousand dollars or more and is less than one hundred	42
thousand dollars, a violation of this section is grand theft, a	43
felony of the fourth degree. If the value of the property or	44
services stolen is one hundred thousand dollars or more and is	45
less than five hundred thousand dollars, a violation of this	46
section is aggravated theft, a felony of the third degree. If the	47
value of the property or services is five hundred thousand dollars	48
or more and is less than one million dollars, a violation of this	49
section is aggravated theft, a felony of the second degree. If the	50
value of the property or services stolen is one million dollars or	51
more, a violation of this section is aggravated theft of one	52
million dollars or more, a felony of the first degree.	53

(3) Except as otherwise provided in division (B)(4), (5), or	54
(6) of this section, if the victim of the offense is an elderly	55
person or disabled adult, a violation of this section is theft	56
from an elderly person or disabled adult, and division (B)(3) of	57
this section applies. Except as otherwise provided in this	58
division, theft from an elderly person or disabled adult is a	59
felony of the fifth degree. If the value of the property or	60
services stolen is five hundred dollars or more and is less than	61
five thousand dollars, theft from an elderly person or disabled	62
adult is a felony of the fourth degree. If the value of the	63
property or services stolen is five thousand dollars or more and	64
is less than twenty-five thousand dollars, theft from an elderly	65
person or disabled adult is a felony of the third degree. If the	66
value of the property or services stolen is twenty-five thousand	67
dollars or more and is less than one hundred thousand dollars,	68
theft from an elderly person or disabled adult is a felony of the	69
second degree. If the value of the property or services stolen is	70
one hundred thousand dollars or more, theft from an elderly person	71
or disabled adult is a felony of the first degree.	72

(4) If the property stolen is a firearm or dangerous	73
ordnance, a violation of this section is grand theft, a felony of	74
the fourth degree.	75

(5) If the property stolen is a motor vehicle, a violation of	76
this section is grand theft of a motor vehicle, a felony of the	77
fourth degree.	78

(6) If the property stolen is any dangerous drug, a violation	79
of this section is theft of drugs, a felony of the fourth degree,	80
or, if the offender previously has been convicted of a felony drug	81
abuse offense, a felony of the third degree.	82

(7) In addition to the penalties described in division (B)(2)	83
of this section, if the offender committed the violation by	84
causing a motor vehicle to leave the premises of an establishment	85
at which gasoline is offered for retail sale without the offender	86
making full payment for gasoline that was dispensed into the fuel	87
tank of the motor vehicle or into another container, the court may	88
do one of the following:	89

(a) Unless division (B)(7)(b) of this section applies,	90
suspend for not more than six months the offender's driver's	91
license, probationary driver's license, commercial driver's	92
license, temporary instruction permit, or nonresident operating	93
privilege;	94

(b) If the offender's driver's license, probationary driver's	95
license, commercial driver's license, temporary instruction	96
permit, or nonresident operating privilege has previously been	97
suspended pursuant to division (B)(7)(a) of this section, impose a	98
class seven suspension of the offender's license, permit, or	99
privilege from the range specified in division (A)(7) of section	100
4510.02 of the Revised Code, provided that the suspension shall be	101
for at least six months.	102

(C) The sentencing court that suspends an offender's license,	103
permit, or nonresident operating privilege under division (B)(7)	104
of this section may grant the offender limited driving privileges	105
during the period of the suspension in accordance with Chapter	106
4510. of the Revised Code.	107

Sec. 2913.07.  (A) As used in this section:

108

(1) "Audiovisual recording function" means the capability of	109
a device to record or transmit a motion picture or any part of a	110
motion picture by means of any technology existing on, or	111
developed after, the effective date of this section.	112

(2) "Facility" includes all retail establishments and movie	113
theaters.	114

(B) No person, without the written consent of the owner or	115
lessee of the facility and of the licensor of the motion picture,	116
shall knowingly operate an audiovisual recording function of a	117
device in a facility in which a motion picture is being shown.	118

(C) Whoever violates division (B) of this section is guilty	119
of motion picture piracy, a misdemeanor of the first degree on the	120
first offense and a felony of the fifth degree on each subsequent	121
offense.	122

(D) This section does not prohibit or restrict a lawfully	123
authorized investigative, law enforcement, protective, or	124
intelligence gathering employee or agent of the government of this	125
state or a political subdivision of this state, or of the federal	126
government, when acting in an official capacity, from operating an	127
audiovisual recording function of a device in any facility in	128
which a motion picture is being shown.	129

(E) Division (B) of this section does not limit or affect the	130
application of any other prohibition in the Revised Code. Any act	131
that is a violation of both division (B) of this section and	132
another provision of the Revised Code may be prosecuted under this	133
section, under the other provision of the Revised Code, or under	134
both this section and the other provision of the Revised Code.	135

Sec. 2935.041.  (A) A merchant, or hisan employee or agent	136
of a merchant, who has probable cause to believe that items	137
offered for sale by a mercantile establishment have been	138
unlawfully taken by a person, may, for the purposes set forth in	139
division (C) of this section, detain the person in a reasonable	140
manner for a reasonable length of time within the mercantile	141
establishment or its immediate vicinity.	142

(B) Any officer, employee, or agent of a library, museum, or	143
archival institution may, for the purposes set forth in division	144
(C) of this section or for the purpose of conducting a reasonable	145
investigation of a belief that the person has acted in a manner	146
described in divisions (B)(1) and (2) of this section, detain a	147
person in a reasonable manner for a reasonable length of time	148
within, or in the immediate vicinity of, the library, museum, or	149
archival institution, if the officer, employee, or agent has	150
probable cause to believe that the person has either:	151

(1) Without privilege to do so, knowingly moved, defaced,	152
damaged, destroyed, or otherwise improperly tempered with property	153
owned by or in the custody of the library, museum, or archival	154
institution; or	155

(2) With purpose to deprive the library, museum, or archival	156
institution of property owned by it or in its custody, knowingly	157
obtained or exerted control over the property without the consent	158
of the owner or person authorized to give consent, beyond the	159
scope of the express or implied consent of the owner or person	160
authorized to give consent, by deception, or by threat.	161

(C) An officer, agent, or employee of a library, museum, or	162
archival institution pursuant to division (B) of this section or a	163
merchant or his employee or agent of a merchant pursuant to	164
division (A) of this section may detain another person for any of	165
the following purposes:	166

(1) To recover the property that is the subject of the	167
unlawful taking, criminal mischief, or theft;	168

(2) To cause an arrest to be made by a peace officer;

169

(3) To obtain a warrant of arrest.

170

(D) The owner or lessee of a facility in which a motion	171
picture is being shown, or the owner's or lessee's employee or	172
agent, who has probable cause to believe that a person is or has	173
been operating an audiovisual recording function of a device in	174
violation of section 2913.07 of the Revised Code may, for the	175
purpose of causing an arrest to be made by a peace officer or of	176
obtaining an arrest warrant, detain the person in a reasonable	177
manner for a reasonable length of time within the facility or its	178
immediate vicinity.	179

(E) The officer, agent, or employee of the library, museum,	180
or archival institution, or the merchant or his employee or agent	181
of a merchant, or the owner, lessee, employee, or agent of the	182
facility acting under division (A) or, (B), or (D) of this section	183
shall not search the person detained, search or seize any property	184
belonging to the person detained without the person's consent, or	185
use undue restraint upon the person detained.	186

(E)(F) Any peace officer may arrest without a warrant any	187
person that hethe officer has probable cause to believe has	188
committed any act described in division (B)(1) or (2) of this	189
section or, that hethe officer has probable cause to believe has	190
committed an unlawful taking in a mercantile establishment, or	191
that the officer has reasonable cause to believe has committed an	192
act prohibited by section 2913.07 of the Revised Code. An arrest	193
under this division shall be made within a reasonable time after	194
the commission of the act or unlawful taking.	195

(F)(G) As used in this section:

196

(1) "Archival institution" means any public or private	197
building, structure, or shelter in which are stored historical	198
documents, devices, records, manuscripts, or items of public	199
interest, which historical materials are stored to preserve the	200
materials or the information in the materials, to disseminate the	201
information contained in the materials, or to make the materials	202
available for public inspection or for inspection by certain	203
persons who have a particular interest in, use for, or knowledge	204
concerning the materials.	205

(2) "Museum" means any public or private nonprofit	206
institution that is permanently organized for primarily	207
educational or aesthetic purposes, owns or borrows objects or	208
items of public interest, and cares for and exhibits to the public	209
the objects or items.	210

(3) "Audiovisual recording function" and "facility" have the	211
same meaning as in section 2913.07 of the Revised Code.	212

Sec. 3745.71.  (A) Except as otherwise provided in division	213
(C) of this section, the owner or operator of a facility or	214
property who conducts an environmental audit of one or more	215
activities at the facility or property has a privilege with	216
respect to both of the following:	217

(1) The contents of an environmental audit report that is	218
based on the audit;	219

(2) The contents of communications between the owner or	220
operator and employees or contractors of the owner or operator, or	221
among employees or contractors of the owner or operator, that are	222
necessary to the audit and are made in good faith as part of the	223
audit after the employee or contractor is notified that the	224
communication is part of the audit.	225

(B) Except as otherwise provided in or ordered pursuant to	226
this section, information that is privileged under this section is	227
not admissible as evidence or subject to discovery in any civil or	228
administrative proceeding and a person who possesses such	229
information as a result of conducting or participating in an	230
environmental audit shall not be compelled to testify in any civil	231
or administrative proceeding concerning the privileged portions of	232
the environmental audit.	233

(C) The privilege provided in this section does not apply to	234
criminal investigations or proceedings. Where an audit report is	235
obtained, reviewed, or used in a criminal proceeding, the	236
privilege provided in this section applicable to civil or	237
administrative proceedings is not waived or eliminated.	238
Furthermore, the privilege provided in this section does not apply	239
to particular information under any of the following	240
circumstances:	241

(1) The privilege is not asserted with respect to that	242
information by the owner or operator to whom the privilege	243
belongs.	244

(2) The owner or operator to whom the privilege belongs	245
voluntarily testifies, or has provided written authorization to an	246
employee, contractor, or agent to testify on behalf of the owner	247
or operator, as to that information.	248

(3) A court of record in a civil proceeding or the tribunal	249
or presiding officer in an administrative proceeding finds,	250
pursuant to this section, that the privilege does not apply to	251
that information.	252

(4) The information is required by law to be collected,	253
developed, maintained, reported, disclosed publicly, or otherwise	254
made available to a government agency.	255

(5) The information is obtained from a source other than an	256
environmental audit report, including, without limitation,	257
observation, sampling, monitoring, a communication, a record, or a	258
report that is not part of the audit on which the audit report is	259
based.	260

(6) The information is collected, developed, made, or	261
maintained in bad faith or for a fraudulent purpose.	262

(7) The owner or operator to whom the privilege belongs	263
waives the privilege, in whole or in part, explicitly or by	264
engaging in conduct that manifests a clear intent that the	265
information not be privileged. If an owner or operator introduces	266
part of an environmental audit report into evidence in a civil or	267
administrative proceeding to prove that the owner or operator did	268
not violate, or is no longer violating, any environmental laws,	269
the privilege provided by this section is waived with respect to	270
all information in the audit report that is relevant to that	271
issue.	272

(8)(a) The information shows evidence of noncompliance with	273
environmental laws and the owner or operator fails to do any of	274
the following:	275

(i) Promptly initiate reasonable efforts to achieve	276
compliance upon discovery of the noncompliance through an	277
environmental audit;	278

(ii) Pursue compliance with reasonable diligence;

279

(iii) Achieve compliance within a reasonable time.

280

(b) "Reasonable diligence" includes, without limitation,	281
compliance with section 3745.72 of the Revised Code.	282

(9) The information contains evidence that a government	283
agency federally authorized, approved, or delegated to enforce	284
environmental laws has reasonable cause to believe is necessary to	285
prevent imminent and substantial endangerment or harm to human	286
health or the environment.	287

(10) Any circumstance in which both of the following apply:

288

(a) The information contains evidence regarding an alleged	289
violation of environmental laws and a government agency charged	290
with enforcing any of those laws has a substantial need for the	291
information to protect public health or safety or to prevent	292
substantial harm to property or the environment;	293

(b) The government agency is unable to obtain the substantial	294
equivalent of the information by other means without unreasonable	295
delay or expense.	296

(11) The information consists of personal knowledge of an	297
individual who did not obtain that information as part of an	298
environmental audit.	299

(12) The information is not clearly identified as part of an	300
environmental audit report. For purposes of this section, clear	301
identification of information as part of an environmental audit	302
report includes, without limitation, either of the following:	303

(a) The information is contained in a document and the front	304
cover, the first page, or a comparable part of the document is	305
prominently labeled with "environmental audit report: privileged	306
information" or substantially comparable language;	307

(b) The information is contained in an electronic record and	308
the record is programmed to display or print prominently	309
"environmental audit report: privileged information" or	310
substantially comparable language before the privileged	311
information is displayed or printed.	312

(13) The information existed prior to the initiation of the	313
environmental audit under division (A) of section 3745.70 of the	314
Revised Code.	315

(D) If the privilege provided in this section belongs to an	316
owner or operator who is not an individual, the privilege may be	317
asserted or waived, in whole or in part, on behalf of the owner or	318
operator only by an officer, manager, partner, or other comparable	319
person who has a fiduciary relationship with the owner or operator	320
and is authorized generally to act on behalf of the owner or	321
operator or is a person who is authorized specifically to assert	322
or waive the privilege.	323

(E) A person asserting the privilege provided in this section	324
has the burden of proving the applicability of the privilege by a	325
preponderance of the evidence. If a person seeking disclosure of	326
information with respect to which a privilege is asserted under	327
this section shows evidence of noncompliance with environmental	328
laws pursuant to division (C)(8) of this section, the person	329
asserting the privilege also has the burden of proving by a	330
preponderance of the evidence that reasonable efforts to achieve	331
compliance with those laws were initiated promptly and that	332
compliance was pursued with reasonable diligence and achieved	333
within a reasonable time.	334

(F) When determining whether the privilege provided by this	335
section applies to particular information, a court of record that	336
is not acting pursuant to division (G) of this section, or the	337
tribunal or presiding officer in an administrative proceeding,	338
shall conduct an in camera review of the information in a manner	339
consistent with applicable rules of procedure.	340

(G)(1) The prosecuting attorney of a county or the attorney	341
general, having probable cause to believe, based on information	342
obtained from a source other than an environmental audit report,	343
that a violation has been committed under environmental laws for	344
which a civil or administrative action may be initiated, may	345
obtain information with respect to which a privilege is asserted	346
under this section pursuant to a search warrant, subpoena, or	347
discovery under the Rules of Civil Procedure. The prosecuting	348
attorney or the attorney general immediately shall place the	349
information under seal and shall not review or disclose its	350
contents.	351

(2) Not later than sixty days after receiving an	352
environmental audit report under division (G)(1) of this section,	353
the prosecuting attorney or the attorney general may file with the	354
court of common pleas of a county in which there is proper venue	355
to bring a civil or administrative action pertaining to the	356
alleged violation a petition requesting an in camera hearing to	357
determine if the information described in division (G)(1) of this	358
section is subject to disclosure under this section. Failure to	359
file such a petition shall cause the information to be released to	360
the owner or operator to whom it belongs.	361

(3) Upon the filing of a petition under division (G)(2) of	362
this section, the court shall issue an order scheduling an in	363
camera hearing, not later than forty-five days after the filing of	364
the petition, to determine if any or all of the information	365
described in division (G)(1) of this section is subject to	366
disclosure under this section. The order shall allow the	367
prosecuting attorney or the attorney general to remove the seal	368
from the report in order to review it and shall place appropriate	369
limitations on distribution and review of the report to protect	370
against unnecessary disclosure.	371

(4) The prosecuting attorney or the attorney general may	372
consult with government agencies regarding the contents of the	373
report to prepare for the in camera hearing. Information described	374
in division (G)(1) of this section that is used by the prosecuting	375
attorney or the attorney general to prepare for the in camera	376
hearing shall not be used by the prosecuting attorney, the	377
attorney general, an employee or agent of either of them, or an	378
agency described in division (G)(4) of this section in any	379
investigation or proceeding against the respondent, and otherwise	380
shall be kept confidential, unless the information is subject to	381
disclosure under this section.	382

(5) The parties may stipulate that information contained in	383
an environmental audit report is or is not subject to disclosure	384
under this section.	385

(6) If the court determines that information described in	386
division (G)(1) of this section is subject to disclosure under	387
this section, the court shall compel disclosure under this section	388
of only the information that is relevant to the proceeding	389
described in division (G)(1) of this section.	390

(H) Nothing in this section affects the nature, scope, or	391
application of any privilege of confidentiality or nondisclosure	392
recognized under another section of the Revised Code or the common	393
law of this state, including, without limitation, the work product	394
doctrine and attorney-client privilege.	395

(I) The privilege provided by this section applies only to	396
information and communications that are part of environmental	397
audits initiated after March 13, 1997, and completed before	398
January 1, 20042009, in accordance with the time frames specified	399
in division (A) of section 3745.70 of the Revised Code.	400

Sec. 3745.72.  (A) The owner or operator of a facility or	401
property who conducts an environmental audit of the facility or	402
property and promptly and voluntarily discloses information	403
contained in or derived from an audit report that is based on the	404
audit and concerns an alleged violation of environmental laws to	405
the director of the state agency that has jurisdiction over the	406
alleged violation is immune from any administrative and civil	407
penalties for the specific violation disclosed, except that where	408
the disclosed violation has resulted in significant economic	409
benefit to the owner or operator of the facility or property,	410
there is no immunity for the economic benefit component of the	411
administrative and civil penalties for that violation. An owner or	412
operator asserting entitlement to such immunity has the burden of	413
proving that entitlement by a preponderance of the evidence.	414

(B) For the purposes of this section, a disclosure of	415
information is voluntary with respect to an alleged violation of	416
environmental laws only if all of the following apply:	417

(1) The disclosure is made promptly after the information is	418
obtained through the environmental audit by the owner or operator	419
who conducts the environmental audit;	420

(2) A reasonable, good faith effort is made to achieve	421
compliance as quickly as practicable with environmental laws	422
applicable to the information disclosed;	423

(3) Compliance with environmental laws applicable to the	424
information disclosed is achieved as quickly as practicable or	425
within such period as is reasonably ordered by the director of the	426
state agency that has jurisdiction over the alleged violation;	427

(4) The owner or operator cooperates with the director of the	428
state agency that has jurisdiction over the alleged violation in	429
investigating the cause, nature, extent, and effects of the	430
noncompliance;	431

(5) The disclosure is not required by law, prior litigation,	432
or an order by a court or a government agency;	433

(6) The owner or operator who makes the disclosure does not	434
know or have reason to know that a government agency charged with	435
enforcing environmental laws has commenced an investigation or	436
enforcement action that concerns a violation of such laws	437
involving the activity.	438

(C) For the purposes of this section, a disclosure shall be	439
in writing, dated, and hand delivered or sent by certified mail to	440
the director of the state agency that has jurisdiction over the	441
alleged violation, and shall contain all of the following in a	442
printed letter attached to the front of the disclosure:	443

(1) The name, address, and telephone number of the owner or	444
operator making the disclosure;	445

(2) The name, title, address, and telephone number of one or	446
more persons associated with the owner or operator who may be	447
contacted regarding the disclosure;	448

(3) A brief summary of the alleged violation of environmental	449
laws, including, without limitation, the nature, date, and	450
location of the alleged violation to the extent that the	451
information is known by the owner or operator;	452

(4) A statement that the information is part of an	453
environmental audit report and is being disclosed under section	454
3745.72 of the Revised Code in order to obtain the immunity	455
provided by that section.	456

(D) This section does not provide immunity from the payment	457
of damages for harm to persons, property, or the environment; the	458
payment of reasonable costs incurred by a government agency in	459
responding to a disclosure; or responsibility for the remediation	460
or cleanup of environmental harm under environmental laws.	461

(E) The immunity provided by this section does not apply	462
under any of the following circumstances:	463

(1) Within the three-year period prior to disclosure, the	464
owner or operator of a facility or property has committed	465
significant violations that constitute a pattern of continuous or	466
repeated violations of environmental laws, environmental related	467
settlement agreements, or environmental related judicial orders	468
and that arose from separate and distinct events. For the purposes	469
of division (E)(1) of this section, a pattern of continuous or	470
repeated violations also may be demonstrated by multiple	471
settlement agreements related to substantially the same alleged	472
significant violations that occurred within the three-year period	473
immediately prior to the voluntary disclosure. Determination of	474
whether a person has a pattern of continuous or repeated	475
violations under division (E)(1) of this section shall be based on	476
the compliance history of the property or specific facility at	477
issue.	478

(2) With respect to a specific violation, the violation	479
resulted in serious harm or in imminent and substantial	480
endangerment to human health or the environment.	481

(3) With respect to a specific violation, the violation is of	482
a specific requirement of an administrative or judicial order.	483

(F) The immunity provided by this section applies only to	484
disclosures made concerning environmental audits initiated after	485
March 13, 1997, and completed before January 1, 20042009, in	486
accordance with the time frames specified in division (A) of	487
section 3745.70 of the Revised Code.	488

(G) The immunity provided by this section applies to a person	489
who makes a good faith disclosure to a state agency under this	490
section even though another state agency is determined to have	491
jurisdiction over an alleged violation of environmental laws	492
indicated in the disclosure.	493

(H) Each state agency that receives a disclosure under this	494
section promptly shall record receipt of the disclosure, determine	495
whether it has jurisdiction over the alleged violation of	496
environmental laws indicated in the disclosure, and, if it does	497
not have such jurisdiction, deliver the disclosure documents to	498
the director of a state agency that has jurisdiction over the	499
alleged violation. If a disclosure indicates alleged violations of	500
environmental laws that are under the jurisdiction of more than	501
one state agency, the state agency that first receives the	502
disclosure and has jurisdiction over any of the alleged violations	503
promptly shall notify the director of each state agency that has	504
jurisdiction over any of such alleged violations. The director of	505
each state agency that receives a disclosure under this section,	506
or is notified by another state agency that the director's agency	507
has jurisdiction over an alleged violation of environmental laws	508
indicated in the disclosure, promptly shall deliver written notice	509
of that fact by certified mail to the owner or operator who made	510
the disclosure. The notice shall identify the state agency that	511
sends the notice; state the name, title, address, and telephone	512
number of a person in the agency whom the owner or operator may	513
contact regarding the disclosure; and state the name, address, and	514
telephone number of the director of any other state agency	515
notified about the disclosure because that agency has jurisdiction	516
over an alleged violation of environmental laws indicated in the	517
disclosure.	518

Section 2. That existing sections 2913.02, 2935.041, 3745.71,	519
and 3745.72 of the Revised Code are hereby repealed.	520

Section 3. The General Assembly declares that the sections of	521
the Revised Code that regulate persons who leave the premises of	522
establishments at which gasoline is offered for retail sale	523
without the person making full payment for gasoline that was	524
dispensed at that establishment, including section 2913.02 of the	525
Revised Code, are general laws that completely fill the field of	526
regulation of that nature. Any municipal ordinance that prohibits	527
establishments at which gasoline is offered for retail sale from	528
requiring the prepayment of gasoline is in conflict with those	529
general laws.	530