REPRESENTATIVE Wolpert

To amend sections 109.572, 307.697, 351.26, 924.51,

1

1333.83, 2933.41, 4301.07, 4301.10, 4301.19,

2

4301.20, 4301.22, 4301.24, 4301.29, 4301.30,

3

4301.39, 4301.41, 4301.424, 4301.99, 4303.03,

4

4303.07, 4303.09, 4303.203, 4303.204, 4303.231,

5

4303.24, 4303.25, 4303.27, 4303.271, 4303.292,

6

4303.293, 4303.30, 4399.02, 4399.04, 4399.07,

7

4399.08, and 4399.18, to enact section 4301.77,

8

and to repeal section 4399.01 of the Revised Code

9

to eliminate the authority of the Division of

10

Liquor Control to order liquor permit holders to

11

stop selling intoxicating liquor to certain

12

persons; to authorize the Division to share social

13

security numbers with other state agencies for

14

specific purposes and to seek BCII or FBI criminal

15

records checks; to modify provisions relating to

16

the annual permit fees for A-2, B-2, and B-4

17

permit holders; to change the name of the

18

out-of-state supplier "consent to import"; to

19

change the registration fee for agents,

20

solicitors, and sales persons of beer or

21

intoxicating liquor manufacturers, suppliers,

22

brokers, or wholesale distributors to a biennial

23

fee; to revise the deadline for paying a permit

24

fee when a person applies for a liquor permit; to

25

change provisions that require the disclosure of

26

shareholders of or holders of membership interests

27

in a corporation or limited liability company

28

applying for a liquor permit; to correct

29

references to the "Department of Liquor Control"

30

and "Director of Liquor Control;" to change the

31

manner in which beer, intoxicating liquor, and

32

alcohol seized by a law enforcement agency is

33

disposed of; to revise when duplicate permit fees

34

are paid; to revise other provisions of the Liquor

35

Control Law; and to amend the version of section

36

4301.99 of the Revised Code that is scheduled to

37

take effect January 1, 2004, to continue the

38

provisions of this act on and after that effective

39

date.

40

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

Section 1. That sections 109.572, 307.697, 351.26, 924.51,	41
1333.83, 2933.41, 4301.07, 4301.10, 4301.19, 4301.20, 4301.22,	42
4301.24, 4301.29, 4301.30, 4301.39, 4301.41, 4301.424, 4301.99,	43
4303.03, 4303.07, 4303.09, 4303.203, 4303.204, 4303.231, 4303.24,	44
4303.25, 4303.27, 4303.271, 4303.292, 4303.293, 4303.30, 4399.02,	45
4399.04, 4399.07, 4399.08, and 4399.18 be amended and section	46
4301.77 of the Revised Code be enacted to read as follows:	47

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	48
section 2151.86, 3301.32, 3301.541, 3319.39, 4301.10, 5104.012,	49
5104.013, or 5153.111 of the Revised Code, a completed form	50
prescribed pursuant to division (C)(1) of this section, and a set	51
of fingerprint impressions obtained in the manner described in	52
division (C)(2) of this section, the superintendent of the bureau	53
of criminal identification and investigation shall conduct a	54
criminal records check in the manner described in division (B) of	55
this section to determine whether any information exists that	56
indicates that the person who is the subject of the request	57
previously has been convicted of or pleaded guilty to any of the	58
following:	59

(a) A violation of section 2903.01, 2903.02, 2903.03,	60
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	61
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	62
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	63
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	64
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	65
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	66
2925.06, or 3716.11 of the Revised Code, felonious sexual	67
penetration in violation of former section 2907.12 of the Revised	68
Code, a violation of section 2905.04 of the Revised Code as it	69
existed prior to July 1, 1996, a violation of section 2919.23 of	70
the Revised Code that would have been a violation of section	71
2905.04 of the Revised Code as it existed prior to July 1, 1996,	72
had the violation been committed prior to that date, or a	73
violation of section 2925.11 of the Revised Code that is not a	74
minor drug possession offense;	75

(b) A violation of an existing or former law of this state,	76
any other state, or the United States that is substantially	77
equivalent to any of the offenses listed in division (A)(1)(a) of	78
this section.	79

(2) On receipt of a request pursuant to section 5123.081 of	80
the Revised Code with respect to an applicant for employment in	81
any position with the department of mental retardation and	82
developmental disabilities, pursuant to section 5126.28 of the	83
Revised Code with respect to an applicant for employment in any	84
position with a county board of mental retardation and	85
developmental disabilities, or pursuant to section 5126.281 of the	86
Revised Code with respect to an applicant for employment in a	87
direct services position with an entity contracting with a county	88
board for employment, a completed form prescribed pursuant to	89
division (C)(1) of this section, and a set of fingerprint	90
impressions obtained in the manner described in division (C)(2) of	91
this section, the superintendent of the bureau of criminal	92
identification and investigation shall conduct a criminal records	93
check. The superintendent shall conduct the criminal records check	94
in the manner described in division (B) of this section to	95
determine whether any information exists that indicates that the	96
person who is the subject of the request has been convicted of or	97
pleaded guilty to any of the following:	98

(a) A violation of section 2903.01, 2903.02, 2903.03,	99
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	100
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	101
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	102
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	103
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	104
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	105
3716.11 of the Revised Code;	106

(b) An existing or former municipal ordinance or law of this	107
state, any other state, or the United States that is substantially	108
equivalent to any of the offenses listed in division (A)(2)(a) of	109
this section.	110

(3) On receipt of a request pursuant to section 173.41,	111
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	112
form prescribed pursuant to division (C)(1) of this section, and a	113
set of fingerprint impressions obtained in the manner described in	114
division (C)(2) of this section, the superintendent of the bureau	115
of criminal identification and investigation shall conduct a	116
criminal records check with respect to any person who has applied	117
for employment in a position that involves providing direct care	118
to an older adult. The superintendent shall conduct the criminal	119
records check in the manner described in division (B) of this	120
section to determine whether any information exists that indicates	121
that the person who is the subject of the request previously has	122
been convicted of or pleaded guilty to any of the following:	123

(a) A violation of section 2903.01, 2903.02, 2903.03,	124
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	125
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	126
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	127
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	128
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	129
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	130
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	131
2925.22, 2925.23, or 3716.11 of the Revised Code;	132

(b) An existing or former law of this state, any other state,	133
or the United States that is substantially equivalent to any of	134
the offenses listed in division (A)(3)(a) of this section.	135

(4) On receipt of a request pursuant to section 3701.881 of	136
the Revised Code with respect to an applicant for employment with	137
a home health agency as a person responsible for the care,	138
custody, or control of a child, a completed form prescribed	139
pursuant to division (C)(1) of this section, and a set of	140
fingerprint impressions obtained in the manner described in	141
division (C)(2) of this section, the superintendent of the bureau	142
of criminal identification and investigation shall conduct a	143
criminal records check. The superintendent shall conduct the	144
criminal records check in the manner described in division (B) of	145
this section to determine whether any information exists that	146
indicates that the person who is the subject of the request	147
previously has been convicted of or pleaded guilty to any of the	148
following:	149

(a) A violation of section 2903.01, 2903.02, 2903.03,	150
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	151
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	152
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	153
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	154
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	155
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	156
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	157
violation of section 2925.11 of the Revised Code that is not a	158
minor drug possession offense;	159

(b) An existing or former law of this state, any other state,	160
or the United States that is substantially equivalent to any of	161
the offenses listed in division (A)(4)(a) of this section.	162

(5) On receipt of a request pursuant to section 5111.95 or	163
5111.96 of the Revised Code with respect to an applicant for	164
employment with a waiver agency participating in a department of	165
job and family services administered home and community-based	166
waiver program or an independent provider participating in a	167
department administered home and community-based waiver program in	168
a position that involves providing home and community-based waiver	169
services to consumers with disabilities, a completed form	170
prescribed pursuant to division (C)(1) of this section, and a set	171
of fingerprint impressions obtained in the manner described in	172
division (C)(2) of this section, the superintendent of the bureau	173
of criminal identification and investigation shall conduct a	174
criminal records check. The superintendent shall conduct the	175
criminal records check in the manner described in division (B) of	176
this section to determine whether any information exists that	177
indicates that the person who is the subject of the request	178
previously has been convicted of or pleaded guilty to any of the	179
following:	180

(a) A violation of section 2903.01, 2903.02, 2903.03,	181
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	182
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	183
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	184
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	185
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	186
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	187
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	188
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	189
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	190
Revised Code, felonious sexual penetration in violation of former	191
section 2907.12 of the Revised Code, a violation of section	192
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	193
violation of section 2919.23 of the Revised Code that would have	194
been a violation of section 2905.04 of the Revised Code as it	195
existed prior to July 1, 1996, had the violation been committed	196
prior to that date;	197

(b) An existing or former law of this state, any other state,	198
or the United States that is substantially equivalent to any of	199
the offenses listed in division (A)(5)(a) of this section.	200

(6) On receipt of a request pursuant to section 3701.881 of	201
the Revised Code with respect to an applicant for employment with	202
a home health agency in a position that involves providing direct	203
care to an older adult, a completed form prescribed pursuant to	204
division (C)(1) of this section, and a set of fingerprint	205
impressions obtained in the manner described in division (C)(2) of	206
this section, the superintendent of the bureau of criminal	207
identification and investigation shall conduct a criminal records	208
check. The superintendent shall conduct the criminal records check	209
in the manner described in division (B) of this section to	210
determine whether any information exists that indicates that the	211
person who is the subject of the request previously has been	212
convicted of or pleaded guilty to any of the following:	213

(a) A violation of section 2903.01, 2903.02, 2903.03,	214
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	215
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	216
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	217
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	218
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	219
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	220
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	221
2925.22, 2925.23, or 3716.11 of the Revised Code;	222

(b) An existing or former law of this state, any other state,	223
or the United States that is substantially equivalent to any of	224
the offenses listed in division (A)(6)(a) of this section.	225

(7) When conducting a criminal records check upon a request	226
pursuant to section 3319.39 of the Revised Code for an applicant	227
who is a teacher, in addition to the determination made under	228
division (A)(1) of this section, the superintendent shall	229
determine whether any information exists that indicates that the	230
person who is the subject of the request previously has been	231
convicted of or pleaded guilty to any offense specified in section	232
3319.31 of the Revised Code.	233

(8) When conducting a criminal records check on a request	234
pursuant to section 2151.86 of the Revised Code for a person who	235
is a prospective foster caregiver or who is eighteen years old or	236
older and resides in the home of a prospective foster caregiver,	237
the superintendent, in addition to the determination made under	238
division (A)(1) of this section, shall determine whether any	239
information exists that indicates that the person has been	240
convicted of or pleaded guilty to a violation of any of the	241
following:	242

(a) Section 2909.02 or 2909.03 of the Revised Code;

243

(b) An existing or former law of this state, any other state,	244
or the United States that is substantially equivalent to section	245
2909.02 or 2909.03 of the Revised Code.	246

(9) Not later than thirty days after the date the	247
superintendent receives the request, completed form, and	248
fingerprint impressions, the superintendent shall send the person,	249
board, or entity that made the request any information, other than	250
information the dissemination of which is prohibited by federal	251
law, the superintendent determines exists with respect to the	252
person who is the subject of the request that indicates that the	253
person previously has been convicted of or pleaded guilty to any	254
offense listed or described in division (A)(1), (2), (3), (4),	255
(5), (6), (7), or (8) of this section, as appropriate. The	256
superintendent shall send the person, board, or entity that made	257
the request a copy of the list of offenses specified in division	258
(A)(1), (2), (3), (4), (5), (6), (7), or (8) of this section, as	259
appropriate. If the request was made under section 3701.881 of the	260
Revised Code with regard to an applicant who may be both	261
responsible for the care, custody, or control of a child and	262
involved in providing direct care to an older adult, the	263
superintendent shall provide a list of the offenses specified in	264
divisions (A)(4) and (6) of this section.	265

(B) The superintendent shall conduct any criminal records	266
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	267
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4301.10, 5104.012,	268
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	269
5153.111 of the Revised Code as follows:	270

(1) The superintendent shall review or cause to be reviewed	271
any relevant information gathered and compiled by the bureau under	272
division (A) of section 109.57 of the Revised Code that relates to	273
the person who is the subject of the request, including any	274
relevant information contained in records that have been sealed	275
under section 2953.32 of the Revised Code;	276

(2) If the request received by the superintendent asks for	277
information from the federal bureau of investigation, the	278
superintendent shall request from the federal bureau of	279
investigation any information it has with respect to the person	280
who is the subject of the request and shall review or cause to be	281
reviewed any information the superintendent receives from that	282
bureau.	283

(C)(1) The superintendent shall prescribe a form to obtain	284
the information necessary to conduct a criminal records check from	285
any person for whom a criminal records check is required by	286
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	287
3712.09, 3721.121, 3722.151, 4301.10, 5104.012, 5104.013, 5111.95,	288
5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised	289
Code. The form that the superintendent prescribes pursuant to this	290
division may be in a tangible format, in an electronic format, or	291
in both tangible and electronic formats.	292

(2) The superintendent shall prescribe standard impression	293
sheets to obtain the fingerprint impressions of any person for	294
whom a criminal records check is required by section 173.41,	295
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	296
3722.151, 4301.10, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081,	297
5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for	298
whom a records check is required by any of those sections shall	299
obtain the fingerprint impressions at a county sheriff's office,	300
municipal police department, or any other entity with the ability	301
to make fingerprint impressions on the standard impression sheets	302
prescribed by the superintendent. The office, department, or	303
entity may charge the person a reasonable fee for making the	304
impressions. The standard impression sheets the superintendent	305
prescribes pursuant to this division may be in a tangible format,	306
in an electronic format, or in both tangible and electronic	307
formats.	308

(3) Subject to division (D) of this section, the	309
superintendent shall prescribe and charge a reasonable fee for	310
providing a criminal records check requested under section 173.41,	311
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	312
3722.151, 4301.10, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081,	313
5126.28, 5126.281, or 5153.111 of the Revised Code. The person	314
making a criminal records request under section 173.41, 2151.86,	315
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	316
4301.10, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	317
5126.281, or 5153.111 of the Revised Code shall pay the fee	318
prescribed pursuant to this division. A person making a request	319
under section 3701.881 of the Revised Code for a criminal records	320
check for an applicant who may be both responsible for the care,	321
custody, or control of a child and involved in providing direct	322
care to an older adult shall pay one fee for the request.	323

(4) The superintendent of the bureau of criminal	324
identification and investigation may prescribe methods of	325
forwarding fingerprint impressions and information necessary to	326
conduct a criminal records check, which methods shall include, but	327
not be limited to, an electronic method.	328

(D) A determination whether any information exists that	329
indicates that a person previously has been convicted of or	330
pleaded guilty to any offense listed or described in division	331
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	332
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or	333
(b) of this section that is made by the superintendent with	334
respect to information considered in a criminal records check in	335
accordance with this section is valid for the person who is the	336
subject of the criminal records check for a period of one year	337
from the date upon which the superintendent makes the	338
determination. During the period in which the determination in	339
regard to a person is valid, if another request under this section	340
is made for a criminal records check for that person, the	341
superintendent shall provide the information that is the basis for	342
the superintendent's initial determination at a lower fee than the	343
fee prescribed for the initial criminal records check.	344

(E) As used in this section:

345

(1) "Criminal records check" means any criminal records check	346
conducted by the superintendent of the bureau of criminal	347
identification and investigation in accordance with division (B)	348
of this section.	349

(2) "Home and community-based waiver services" and "waiver	350
agency" have the same meanings as in section 5111.95 of the	351
Revised Code.	352

(3) "Independent provider" has the same meaning as in section	353
5111.96 of the Revised Code.	354

(4) "Minor drug possession offense" has the same meaning as	355
in section 2925.01 of the Revised Code.	356

(5) "Older adult" means a person age sixty or older.

357

Sec. 307.697.  (A) For the purpose of section 307.696 of the	358
Revised Code and to pay any or all of the charge the board of	359
elections makes against the county to hold the election on the	360
question of levying the tax, or for those purposes and to provide	361
revenues to the county for permanent improvements, the board of	362
county commissioners of a county may levy a tax not to exceed	363
three dollars on each gallon of spirituous liquor sold to or	364
purchased by liquor permit holders for resale, and sold at retail	365
by the division of liquor control, in the county. The tax shall be	366
levied on the number of gallons so sold. The tax may be levied for	367
any number of years not exceeding twenty.	368

The tax shall be levied pursuant to a resolution of the board	369
of county commissioners approved by a majority of the electors in	370
the county voting on the question of levying the tax, which	371
resolution shall specify the rate of the tax, the number of years	372
the tax will be levied, and the purposes for which the tax is	373
levied. The election may be held on the date of a general or	374
special election held not sooner than seventy-five days after the	375
date the board certifies its resolution to the board of elections.	376
If approved by the electors, the tax takes effect on the first day	377
of the month specified in the resolution but not sooner than the	378
first day of the month that is at least sixty days after the	379
certification of the election results by the board of elections. A	380
copy of the resolution levying the tax shall be certified to the	381
division of liquor control at least sixty days prior to the date	382
on which the tax is to become effective.	383

(B) A resolution under this section may be joined on the	384
ballot as a single question with a resolution adopted under	385
section 4301.421 or 5743.024 of the Revised Code to levy a tax for	386
the same purposes, and for the purpose of paying the expenses of	387
administering that tax.	388

(C) The form of the ballot in an election held pursuant to	389
this section or section 4301.421 or 5743.024 of the Revised Code	390
shall be as follows or in any other form acceptable to the	391
secretary of state:	392

"For the purpose of paying not more than one-half of the	393
costs of providing a public sports facility together with related	394
redevelopment and economic development projects, shall (an) excise	395
tax(es) be levied by .......... county at the rate of ......	396
(dollars on each gallon of spirituous liquor sold in the county by	397
the Ohio division of liquor control, cents per gallon on the sale	398
of beer at wholesale in the county, cents per gallon on the sale	399
of wine and mixed beverages at wholesale in the county, cents per	400
gallon on the sale of cider at wholesale in the county, or mills	401
per cigarette on the sale of cigarettes at wholesale in the	402
county), for ...... years?	403

404

407

For an election in which questions under this section or	408
section 4301.421 or 5743.024 of the Revised Code are joined as a	409
single question, the form of the ballot shall be as above, except	410
each of the proposed taxes shall be listed.	411

(D) The board of county commissioners of a county in which a	412
tax is imposed under this section on the effective date of this	413
amendmentJuly 19, 1995, may levy a tax for the purpose of section	414
307.673 of the Revised Code regardless of whether or not the	415
cooperative agreement authorized under that section has been	416
entered into prior to the day the resolution adopted under	417
division (D)(1) or (2) of this section is adopted, and for the	418
purpose of reimbursing a county for costs incurred in the	419
construction of a sports facility pursuant to an agreement entered	420
into by the county under section 307.696 of the Revised Code. The	421
tax shall be levied and approved in one of the manners prescribed	422
by division (D)(1) or (2) of this section.	423

(1) The tax may be levied pursuant to a resolution adopted by	424
a majority of the members of the board of county commissioners not	425
later than forty-five days after the effective date of this	426
amendmentJuly 19, 1995. A board of county commissioners approving	427
a tax under division (D)(1) of this section may approve a tax	428
under division (B)(1) of section 4301.421 or division (C)(1) of	429
section 5743.024 of the Revised Code at the same time. Subject to	430
the resolution being submitted to a referendum under sections	431
305.31 to 305.41 of the Revised Code, the resolution shall take	432
effect immediately, but the tax levied pursuant to the resolution	433
shall not be levied prior to the day following the last day the	434
tax levied pursuant to divisions (A), (B), and (C) of this section	435
may be levied.	436

(2) The tax may be levied pursuant to a resolution adopted by	437
a majority of the members of the board of county commissioners not	438
later than forty-five days after the effective date of this	439
amendmentJuly 19, 1995, and approved by a majority of the	440
electors of the county voting on the question of levying the tax	441
at the next succeeding general election following the effective	442
date of this amendmentJuly 19, 1995. The board of county	443
commissioners shall certify a copy of the resolution to the board	444
of elections immediately upon adopting a resolution under division	445
(D)(2) of this section, and the board of elections shall place the	446
question of levying the tax on the ballot at that election. The	447
form of the ballot shall be as prescribed by division (C) of this	448
section, except that the phrase "paying not more than one-half of	449
the costs of providing a sports facility together with related	450
redevelopment and economic development projects" shall be replaced	451
by the phrase "paying the costs of constructing or renovating a	452
sports facility and reimbursing a county for costs incurred by the	453
county in the construction of a sports facility," and the phrase	454
", beginning .......... (here insert the earliest date the tax	455
would take effect)" shall be appended after "years." A board of	456
county commissioners submitting the question of a tax under	457
division (D)(2) of this section may submit the question of a tax	458
under division (B)(2) of section 4301.421 or division (C)(2) of	459
section 5743.024 of the Revised Code as a single question, and the	460
form of the ballot shall include each of the proposed taxes.	461

If approved by a majority of electors voting on the question,	462
the tax shall take effect on the day specified on the ballot,	463
which shall not be earlier than the day following the last day the	464
tax levied pursuant to divisions (A), (B), and (C) of this section	465
may be levied.	466

The rate of a tax levied pursuant to division (D)(1) or (2)	467
of this section shall not exceed the rate specified in division	468
(A) of this section. A tax levied pursuant to division (D)(1) or	469
(2) of this section may be levied for any number of years not	470
exceeding twenty.	471

A board of county commissioners adopting a resolution under	472
division (D)(1) or (2) of this section shall certify a copy of the	473
resolution to the departmentdivision of liquor control	474
immediately upon adoption of the resolution.	475

Sec. 351.26.  (A) The board of directors of a convention	476
facilities authority may adopt a resolution requesting the board	477
of county commissioners of the county in which the convention	478
facilities authority has its territory to propose the question of	479
a tax to be levied pursuant to this section and section 4301.424	480
or sections 5743.026 and 5743.324 of the Revised Code for the	481
purpose of construction or renovation of a sports facility. The	482
board of directors shall certify a copy of the resolution to the	483
board of county commissioners not later than ninety days prior to	484
the day of the election at which the board of directors requests	485
the board of county commissioners to submit the question of the	486
tax. The resolution shall state the rate at which the tax would be	487
levied, the purpose for which the tax would be levied, the number	488
of years the tax would be levied, the section of the Revised Code	489
under which the tax would be levied, and the date of the election	490
at which the board of directors requests the board of county	491
commissioners to submit the question of the tax, all of which are	492
subject to the limitations of this section and section 4301.424 or	493
sections 5743.026 and 5743.324 of the Revised Code.	494

Upon receiving a copy of such a resolution from the board of	495
directors, the board of county commissioners shall adopt a	496
resolution either approving or rejecting the proposal, and certify	497
a copy of its resolution to the board of directors. If the board	498
of county commissioners approves the proposal, the board of county	499
commissioners shall propose the question of levying a tax pursuant	500
to section 4301.424 of the Revised Code or pursuant to sections	501
5743.026 and 5743.324 of the Revised Code, as specified in the	502
board of directors' resolution, for the purpose of construction or	503
renovation of a sports facility.	504

(B) The form of the ballot in an election held on the	505
question of levying a tax proposed pursuant to section 4301.424 or	506
5743.026 of the Revised Code shall be as follows or in any other	507
form acceptable to the secretary of state:	508

"For the purpose of paying the costs of ..........	509
(constructing or renovating) a sports facility, shall (an) excise	510
tax(es) be levied by the .......... county for the convention	511
facilities authority of .......... county at the rate of ......	512
(dollars on each gallon of spirituous liquor sold in the county by	513
the Ohio departmentdivision of liquor control, cents per gallon	514
on the sale of beer at wholesale in the county, cents per gallon	515
on the sale of wine and mixed beverages at wholesale in the	516
county, or mills per cigarette on the sale of cigarettes at	517
wholesale in the county), for ...... years?	518

519

522

For an election in which questions under section 4301.424 or	523
5743.026 of the Revised Code are joined as a single question, the	524
form of the ballot shall be as above, except each of the proposed	525
taxes shall be listed.	526

Sec. 924.51.  (A) There is hereby created the Ohio grape	527
industries committee consisting of nine members. The members shall	528
be the director of agriculture or the director's designee, who	529
shall chair the committee, the directorsuperintendent of liquor	530
control or the director'ssuperintendent's designee, the chief of	531
the division of markets of the department of agriculture, the	532
viticulture extension specialist of the Ohio agricultural research	533
and development center, who shall be a nonvoting member, and five	534
members who shall be appointed by the director of agriculture.	535

(B) Of the five members of the committee appointed by the	536
director of agriculture, two shall be persons who receive the	537
major portion of their income from the production of grapes. The	538
term of one of these members shall begin January 1, 1982, and end	539
December 31, 1982, and the second member's term shall begin	540
January 1, 1982, and end December 31, 1983. Two members shall be	541
persons who receive the major portion of their income from the	542
production of wine from raw grape or fruit products in either raw	543
fruit or fresh juice form. The term of one of these members shall	544
begin January 1, 1982, and end December 31, 1982, and the second	545
member's term shall begin January 1, 1982, and end December 31,	546
1983. One member shall be a person the major portion of whose	547
income is from the production of grape products other than wine,	548
such as juice, jams, or jellies; that member's term shall begin	549
January 1, 1982, and end December 31, 1984. Thereafter, the terms	550
for each appointed member of the committee shall be for three	551
years, commencing on the first day of January and ending on the	552
thirty-first day of December. No appointed member shall serve more	553
than two consecutive terms. The director may remove any appointed	554
member for cause.	555

(C) Members shall be appointed to fill vacancies caused by	556
death, resignation, or removal in the same manner prescribed for	557
regular appointment to the committee. Any member appointed to fill	558
a vacancy occurring prior to the expiration of the term for which	559
the member's predecessor was appointed shall hold office for the	560
remainder of the term. Any member shall continue in office	561
subsequent to the expiration date of that member's term until that	562
member's successor takes office, or until a period of sixty days	563
has elapsed, whichever occurs first.	564

(D) All members of the committee are entitled to their actual	565
and necessary expenses incurred in the performance of their duties	566
as members, payable from moneys received from the Ohio grape	567
industries fund created under section 924.54 of the Revised Code.	568

(E) A majority of the committee constitutes a quorum.

569

Sec. 1333.83.  Every manufacturer of alcoholic beverages	570
shall contract with or offer in good faith to its distributors a	571
written franchise providing for, and specifying the rights and	572
duties of both parties in effecting, the sale of the specified	573
brands or products of the manufacturer. Any provision of a	574
franchise agreement that waives any of the prohibitions of, or	575
fails to comply with, sections 1333.82 to 1333.87 of the Revised	576
Code is void and unenforceable. Any notice or acceptance required	577
to be given or made by either party to the franchise shall be in	578
writing and signed by the authorized representative of the	579
parties. Any breach, actual or claimed, of a franchise made	580
pursuant to this section shall not be grounds for suspension or	581
revocation of any permit or consent to importsupplier	582
registration issued by the division of liquor control. When a	583
distributor of beer or wine for a manufacturer, or the successors	584
or assigns of the manufacturer, distributes the beer or wine for	585
ninety days or more without a written contract, a franchise	586
relationship is established between the parties, and sections	587
1333.82 to 1333.87 of the Revised Code apply to the manufacturer,	588
its successor or assigns, and the distributor.	589

Sec. 2933.41.  (A)(1) Any property, other than contraband	590
that is subject to the provisions of section 2913.34 or 2933.43 of	591
the Revised Code, other than property that is subject to section	592
3719.141 of the Revised Code, other than property that is	593
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45	594
of the Revised Code, other than a vehicle that is criminally	595
forfeited under an order issued under section 4503.233 or 4503.234	596
of the Revised Code and that is to be disposed of under section	597
4503.234 of the Revised Code, other than property that has been	598
lawfully seized under sections 2933.71 to 2933.75 of the Revised	599
Code in relation to a medicaid fraud offense, and other than	600
property that has been lawfully seized in relation to a violation	601
of section 2923.32 of the Revised Code, that has been lost,	602
abandoned, stolen, seized pursuant to a search warrant, or	603
otherwise lawfully seized or forfeited, and that is in the custody	604
of a law enforcement agency shall be kept safely pending the time	605
it no longer is needed as evidence and shall be disposed of	606
pursuant to this section. Each law enforcement agency that has	607
custody of any property that is subject to this section shall	608
adopt a written internal control policy that addresses the keeping	609
of detailed records as to the amount of property taken in by the	610
agency, that addresses the agency's disposition of the property	611
under this section, that provides for the keeping of detailed	612
records of the disposition of the property, and that provides for	613
the keeping of detailed financial records of the amount and	614
disposition of any proceeds of a sale of the property under	615
division (D)(8) of this section and of the general types of	616
expenditures made out of the proceeds retained by the agency and	617
the specific amount expended on each general type of expenditure.	618
The policy shall not provide for or permit the identification of	619
any specific expenditure that is made in an ongoing investigation.	620
The policy is a public record open for inspection under section	621
149.43 of the Revised Code.	622

(2)(a) Every law enforcement agency that has any lost,	623
abandoned, stolen, seized, or forfeited property as described in	624
division (A)(1) of this section in its custody shall comply with	625
its written internal control policy adopted under that division	626
relative to the property. Each agency that has any such property	627
in its custody, except for property to be disposed of under	628
division (D)(4) of this section, shall maintain an accurate	629
record, in accordance with its written internal control policy, of	630
each item of the property. The record shall include the date on	631
which each item of property came into the agency's custody, the	632
manner in which it was disposed of, the date of its disposition,	633
the name of the person who received the property if it was not	634
destroyed, and all other information required by the agency's	635
written internal control policy; however, the record shall not	636
identify or enable the identification of the individual officer	637
who seized any item of property. The record of any property that	638
no longer is needed as evidence, and all financial records of the	639
amount and disposition of any proceeds of a sale under division	640
(D)(8) of this section and of the general types of expenditures	641
made out of the proceeds retained by the agency and the specific	642
amount of each general type of expenditure, shall be open to	643
public inspection during the agency's regular business hours.	644

Each law enforcement agency that, during any calendar year,	645
has any seized or forfeited property as described in division	646
(A)(1) of this section in its custody shall prepare a report	647
covering the calendar year that cumulates all of the information	648
contained in all of the records kept by the agency pursuant to	649
this division for that calendar year and shall send a copy of the	650
cumulative report, no later than the first day of March in the	651
calendar year following the calendar year covered by the report,	652
to the attorney general. Each report received by the attorney	653
general is a public record open for inspection under section	654
149.43 of the Revised Code.	655

(b) Each law enforcement agency that receives in any calendar	656
year any proceeds of a sale under division (D)(8) of this section	657
shall prepare a report covering the calendar year that cumulates	658
all of the information contained in all of the public financial	659
records kept by the agency pursuant to division (D)(2)(a) of this	660
section for that calendar year and shall send a copy of the	661
cumulative report, no later than the first day of March in the	662
calendar year following the calendar year covered by the report,	663
to the attorney general. Each report received by the attorney	664
general is a public record open for inspection under section	665
149.43 of the Revised Code.	666

(c) Not later than the fifteenth day of April in the calendar	667
year in which reports are sent to the attorney general under	668
divisions (A)(2)(a) and (b) of this section, the attorney general	669
shall send to the president of the senate and the speaker of the	670
house of representatives a written notification that does all of	671
the following:	672

(i) Indicates that the attorney general has received from law	673
enforcement agencies reports of the type described in division	674
(A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this section,	675
whichever is applicable, that cover the previous calendar year and	676
indicates that the reports were received under division (A)(2)(a),	677
(A)(2)(b), or both (A)(2)(a) and (b) of this section, whichever is	678
applicable;	679

(ii) Indicates that the reports are open for inspection under	680
section 149.43 of the Revised Code;	681

(iii) Indicates that the attorney general will provide a copy	682
of any or all of the reports to the president of the senate or the	683
speaker of the house of representatives upon request.	684

(B) A law enforcement agency that has property in its	685
possession that is required to be disposed of pursuant to this	686
section shall make a reasonable effort to locate the persons	687
entitled to possession of the property in its custody, to notify	688
them of when and where it may be claimed, and to return the	689
property to them at the earliest possible time. In the absence of	690
evidence identifying persons entitled to possession, it is	691
sufficient notice to advertise in a newspaper of general	692
circulation in the county, briefly describing the nature of the	693
property in custody and inviting persons to view and establish	694
their right to it.	695

(C) A person loses any right that the person may have to the	696
possession, or the possession and ownership, of property if any of	697
the following applies:	698

(1) The property was the subject, or was used in a conspiracy	699
or attempt to commit, or in the commission, of an offense other	700
than a traffic offense, and the person is a conspirator,	701
accomplice, or offender with respect to the offense.	702

(2) A court determines that the property should be forfeited	703
because, in light of the nature of the property or the	704
circumstances of the person, it is unlawful for the person to	705
acquire or possess the property.	706

(D) Unclaimed or forfeited property in the custody of a law	707
enforcement agency, other than contraband that is subject to the	708
provisions of section 2913.34 or 2933.43 of the Revised Code,	709
other than property forfeited under sections 2923.44 to 2923.47 or	710
2925.41 to 2925.45 of the Revised Code, and other than property	711
that has been lawfully seized in relation to a violation of	712
section 2923.32 of the Revised Code, shall be disposed of on	713
application to and order of any court of record that has	714
territorial jurisdiction over the political subdivision in which	715
the law enforcement agency has jurisdiction to engage in law	716
enforcement activities, as follows:	717

(1) Drugs shall be disposed of pursuant to section 3719.11 of	718
the Revised Code or placed in the custody of the secretary of the	719
treasury of the United States for disposal or use for medical or	720
scientific purposes under applicable federal law.	721

(2) Firearms and dangerous ordnance suitable for police work	722
may be given to a law enforcement agency for that purpose.	723
Firearms suitable for sporting use or as museum pieces or	724
collectors' items may be sold at public auction pursuant to	725
division (D)(8) of this section. Other firearms and dangerous	726
ordnance shall be destroyed by the agency or shall be sent to the	727
bureau of criminal identification and investigation for	728
destruction by the bureau.	729

(3) Obscene materials shall be destroyed.

730

(4) Beer,Except as otherwise provided in division (D)(4) of	731
this section, beer or intoxicating liquor, or alcohol seized from	732
by a person who is not the holder of a permit issued under	733
Chapters 4301. and 4303. of the Revised Code or is an offender and	734
forfeited to the state under section 4301.45 or 4301.53 of the	735
Revised Code eitherlaw enforcement agency shall be sold by the	736
division of liquor control, if the division determines that the	737
beer, intoxicating liquor, or alcohol is fit for sale, or shall be	738
placed in the custody ofdestroyed. However, intoxicating liquor	739
seized by the investigations unit in the department of public	740
safety andmay be useddistributed for training relating to its	741
law enforcement activities. The department, with the assistance of	742
the division of liquor control, shall adoptAdditionally, pursuant	743
to rules the department adopts in accordance with Chapter 119. of	744
the Revised Code to, the department shall provide for the	745
distribution of such beer,seized intoxicating liquor, or alcohol	746
that is not distributed for training relating to its law	747
enforcement activities, to state or local law enforcement agencies	748
upon their request. If any tax imposed under Title XLIII of the	749
Revised Code has not been paid in relation to the beer,	750
intoxicating liquor, or alcohol, the proceeds of the sale shall	751
first be used to pay the tax. All other money collected under	752
division (D)(4) of this section shall be paid into the state	753
treasury. Any such beer, intoxicating liquor, or alcohol that the	754
division determines to be unfit for sale shall be destroyed.	755

(5) Money received by an inmate of a correctional institution	756
from an unauthorized source or in an unauthorized manner shall be	757
returned to the sender, if known, or deposited in the inmates'	758
industrial and entertainment fund if the sender is not known.	759

(6) Vehicles and vehicle parts forfeited under sections	760
4549.61 to 4549.63 of the Revised Code may be given to a law	761
enforcement agency for use in the performance of its duties. Those	762
parts may be incorporated into any other official vehicle. Parts	763
that do not bear vehicle identification numbers or derivatives of	764
them may be sold or disposed of as provided by rules of the	765
director of public safety. Parts from which a vehicle	766
identification number or derivative of it has been removed,	767
defaced, covered, altered, or destroyed and that are not suitable	768
for police work or incorporation into an official vehicle shall be	769
destroyed and sold as junk or scrap.	770

(7)(a) Computers, computer networks, computer systems, and	771
computer software suitable for police work may be given to a law	772
enforcement agency for that purpose. Other computers, computer	773
networks, computer systems, and computer software shall be	774
disposed of pursuant to division (D)(8) of this section.	775

(b) As used in this section, "computers," "computer	776
networks," "computer systems," and "computer software" have the	777
same meanings as in section 2913.01 of the Revised Code.	778

(8) Other unclaimed or forfeited property, including personal	779
property that is abandoned or relinquished by an inmate of a state	780
correctional institution, with the approval of the court, may be	781
used by the law enforcement agency that has possession of it. If	782
the other unclaimed or forfeited property is not used by the law	783
enforcement agency, it may be sold, without appraisal, at a public	784
auction to the highest bidder for cash, or, in the case of other	785
unclaimed or forfeited moneys, disposed of in another manner that	786
the court considers proper in the circumstances.	787

(E)(1)(a) If the property was in the possession of the law	788
enforcement agency in relation to a delinquent child proceeding in	789
a juvenile court, ten per cent of the proceeds from property	790
disposed of pursuant to this section shall be applied to one or	791
more alcohol and drug addiction treatment programs that are	792
certified by the department of alcohol and drug addiction services	793
under section 3793.06 of the Revised Code and that are specified	794
by the court in its order issued under division (D) of this	795
section. A juvenile court shall not specify an alcohol or drug	796
addiction treatment program in the order unless the program is a	797
certified alcohol and drug addiction treatment program and, except	798
as provided in division (E)(1)(a) of this section, unless the	799
program is located in the county in which the court that issues	800
the orders is located or in a contiguous county. If no certified	801
alcohol and drug addiction treatment program is located in any of	802
those counties, the juvenile court may specify in the order a	803
certified alcohol and drug addiction treatment program located	804
anywhere within this state. The remaining ninety per cent of the	805
proceeds shall be applied as provided in division (E)(1)(b) of	806
this section.	807

If the property was in the possession of the law enforcement	808
agency other than in relation to a delinquent child proceeding in	809
a juvenile court, all of the proceeds from property disposed of	810
pursuant to this section shall be applied as provided in division	811
(E)(1)(b) of this section.	812

(b) Except as provided in divisions (D)(4), (5), and (E)(2)	813
of this section and after compliance with division (E)(1)(a) of	814
this section when that division is applicable, the proceeds from	815
property disposed of pursuant to this section shall be placed in	816
the general fund of the state, the county, the township, or the	817
municipal corporation, of which the law enforcement agency	818
involved is an agency.	819

(2) Each board of county commissioners that recognizes a	820
citizens' reward program as provided in section 9.92 of the	821
Revised Code shall notify each law enforcement agency of that	822
county and each law enforcement agency of a township or municipal	823
corporation wholly located in that county of the official	824
recognition of the citizens' reward program by filing a copy of	825
its resolution conferring that recognition with each of those law	826
enforcement agencies. When the board of county commissioners of a	827
county recognizes a citizens' reward program and the county	828
includes a part, but not all, of the territory of a municipal	829
corporation, the board shall so notify the law enforcement agency	830
of that municipal corporation of the official recognition of the	831
citizens' reward program only if the county contains the highest	832
percentage of the municipal corporation's population. Upon receipt	833
of a notice described in this division, each law enforcement	834
agency shall pay twenty-five per cent of the proceeds from each	835
sale of property disposed of pursuant to this section to the	836
citizens' reward program for use exclusively for the payment of	837
rewards. No part of those funds may be used to pay for the	838
administrative expenses or any other expenses associated with a	839
citizens' reward program. If a citizens' reward program that	840
operates in more than one county or in another state or states in	841
addition to this state receives funds pursuant to this section,	842
the funds shall be used to pay rewards only for tips and	843
information to law enforcement agencies concerning felonies,	844
offenses of violence, or misdemeanors that have been committed in	845
the county from which the funds were received.	846

(F) This section does not apply to the collection, storage,	847
or disposal of abandoned junk motor vehicles. This section shall	848
not be construed to rescind or restrict the authority of a	849
municipal law enforcement agency to keep and dispose of lost,	850
abandoned, stolen, seized, or forfeited property under an	851
ordinance of the municipal corporation or under sections 737.29 to	852
737.33 of the Revised Code, provided that, when a municipal	853
corporation that has received notice as provided in division	854
(E)(2) of this section disposes of property under an ordinance, it	855
shall pay twenty-five per cent of the proceeds from any sale or	856
auction to the citizens' reward program as provided under that	857
division.	858

(G) The receipt of funds by a citizens' reward program	859
pursuant to division (E) of this section does not make it a	860
governmental unit for purposes of section 149.43 of the Revised	861
Code and does not subject it to the disclosure provisions of that	862
section.	863

(H) This section does not apply to the disposal of stolen or	864
other property recovered by township law enforcement agencies	865
pursuant to sections 505.105 to 505.109 of the Revised Code.	866

(I)(1) Subject to divisions (D)(1) to (7) of this section,	867
and otherwise notwithstanding the provisions of this section,	868
personal property that is subject to this section and that is	869
abandoned or relinquished by an inmate of a state correctional	870
institution may be destroyed or used by order of the warden of the	871
institution, if either of the following apply:	872

(a) The value of the item is one hundred dollars or less, the	873
state correctional institution has attempted to contact or	874
identify the owner of the personal property, and those attempts	875
have been unsuccessful.	876

(b) The inmate who owns the personal property agrees in	877
writing to the disposal of the personal property in question.	878

(2) The department of rehabilitation and correction shall	879
record the seizure and disposition of any personal property	880
pursuant to division (I)(1) of this section, any attempts to	881
contact or identify the owner of the personal property pursuant to	882
division (I)(1)(a) of this section, and any agreement made	883
pursuant to division (I)(1)(b) of this section.	884

(J) For purposes of this section, "law enforcement agency"	885
includes correctional institutions, and "citizens' reward program"	886
has the same meaning as in section 9.92 of the Revised Code. As	887
used in division (H) of this section, "township law enforcement	888
agencies" means an organized police department of a township, a	889
township police district, a joint township police district, or the	890
office of a township constable.	891

Sec. 4301.07.  Each member of the liquor control commission	892
shall devote histhe member's entire time to the duties of his	893
office and shall hold no other public position of trust or profit.	894
No member of the commission, nor the directorsuperintendent of	895
liquor control, nor any of the appointees or employees of the	896
commission or of the departmentdivision of liquor control, shall	897
have any direct financial interest, directly or indirectly, in, or	898
any interest otherwise prohibited by Chapter 102. or section	899
2921.42 or 2921.43 of the Revised Code in, the manufacture,	900
distribution, or sale of beer or intoxicating liquor.	901

Each member of the commission, and the chairmanchairperson	902
shall receive a salary fixed pursuant to division (J) of section	903
124.15 of the Revised Code. In addition theretoto that salary,	904
each member shall receive the actual and necessary travel expenses	905
in connection with commission hearings and business. The chairman	906
chairperson shall be an attorney at law who has had five years of	907
active law practice.	908

Sec. 4301.10.  (A) The division of liquor control shall do	909
all of the following:	910

(1) Control the traffic in beer and intoxicating liquor in	911
this state, including the manufacture, importation, and sale of	912
beer and intoxicating liquor;	913

(2) Grant or refuse permits for the manufacture,	914
distribution, transportation, and sale of beer and intoxicating	915
liquor and the sale of alcohol, as authorized or required by this	916
chapter and Chapter 4303. of the Revised Code; and a. A	917
certificate, signed by the superintendent of liquor control and to	918
which is affixed the official seal of the division, stating that	919
it appears from the records of the division that no permit has	920
been issued to the person specified in the certificate, or that a	921
permit, if issued, has been revoked, canceled, or suspended, shall	922
be received as prima-facie evidence of the facts recited in the	923
certificate in any court, or before any officer of this state;.	924

(3) Put into operation, manage, and control a system of state	925
liquor stores for the sale of spirituous liquor at retail and to	926
holders of permits authorizing the sale of spirituous liquor;	927
however, the division shall not establish any drive-in state	928
liquor stores; and by means of those types of stores, and any	929
manufacturing plants, distributing and bottling plants,	930
warehouses, and other facilities that it considers expedient,	931
establish and maintain a state monopoly of the distribution of	932
spirituous liquor and its sale in packages or containers; and for	933
that purpose manufacture, buy, import, possess, and sell	934
spirituous liquors as provided in this chapter and Chapter 4303.	935
of the Revised Code, and in the rules promulgated by the	936
superintendent of liquor control pursuant to those chapters;	937
lease, or in any manner acquire the use of any land or building	938
required for any of those purposes; purchase any equipment that is	939
required; and borrow money to carry on its business, and issue,	940
sign, endorse, and accept notes, checks, and bills of exchange;	941
but all obligations of the division created under authority of	942
this division shall be a charge only upon the moneys received by	943
the division from the sale of spirituous liquor and its other	944
business transactions in connection with the sale of spirituous	945
liquor, and shall not be general obligations of the state;	946

(4) Enforce the administrative provisions of this chapter and	947
Chapter 4303. of the Revised Code, and the rules and orders of the	948
liquor control commission and the superintendent relating to the	949
manufacture, importation, transportation, distribution, and sale	950
of beer and intoxicating liquors; and the. The attorney general,	951
any prosecuting attorney, and any prosecuting officer of a	952
municipal corporation or a municipal court shall, at the request	953
of the division of liquor control or the department of public	954
safety, prosecute any person charged with the violation of any	955
provision in those chapters or of any section of the Revised Code	956
relating to the manufacture, importation, transportation,	957
distribution, and sale of beer and intoxicating liquor;.	958

(5) Determine the locations of all state liquor stores and	959
manufacturing, distributing, and bottling plants required in	960
connection therewithwith those stores, subject to this chapter	961
and Chapter 4303. of the Revised Code;	962

(6) Conduct inspections of liquor permit premises to	963
determine compliance with the administrative provisions of this	964
chapter and Chapter 4303. of the Revised Code and the rules	965
adopted under those provisions by the liquor control commission.	966

Except as otherwise provided in division (A)(6) of this	967
section, those inspections may be conducted only during those	968
hours in which the permit holder is open for business and only by	969
authorized agents or employees of the division or by any peace	970
officer, as defined in section 2935.01 of the Revised Code.	971
Inspections may be conducted at other hours only to determine	972
compliance with laws or commission rules that regulate the hours	973
of sale of beer and intoxicating liquor and only if the	974
investigator has reasonable cause to believe that those laws or	975
rules are being violated. Any inspection conducted pursuant to	976
division (A)(6) of this section is subject to all of the following	977
requirements:	978

(a) The only property that may be confiscated is contraband,	979
as defined in section 2901.01 of the Revised Code, or property	980
that is otherwise necessary for evidentiary purposes.	981

(b) A complete inventory of all property confiscated from the	982
premises shall be given to the permit holder or the permit	983
holder's agent or employee by the confiscating agent or officer at	984
the conclusion of the inspection. At that time, the inventory	985
shall be signed by the confiscating agent or officer, and the	986
agent or officer shall give the permit holder or the permit	987
holder's agent or employee the opportunity to sign the inventory.	988

(c) Inspections conducted pursuant to division (A)(6) of this	989
section shall be conducted in a reasonable manner. A finding by	990
any court of competent jurisdiction that the inspection was not	991
conducted in a reasonable manner in accordance with this section	992
or any rules promulgated by the commission may be considered	993
grounds for suppression of evidence. A finding by the liquor	994
control commission that the inspection was not conducted in a	995
reasonable manner in accordance with this section or any rules	996
promulgated by the commission may be considered grounds for	997
dismissal of the commission case.	998

If any court of competent jurisdiction finds that property	999
confiscated as the result of an administrative inspection is not	1000
necessary for evidentiary purposes and is not contraband, as	1001
defined in section 2901.01 of the Revised Code, the court shall	1002
order the immediate return of the confiscated property, provided	1003
that property is not otherwise subject to forfeiture, to the	1004
permit holder. However, the return of this property is not grounds	1005
for dismissal of the case. The commission likewise may order the	1006
return of confiscated property if no criminal prosecution is	1007
pending or anticipated.	1008

(7) Delegate to any of its agents or employees any power of	1009
investigation that the division possesses with respect to the	1010
enforcement of any of the administrative laws relating to beer and	1011
intoxicating liquor, provided that this division does not	1012
authorize the division to designate any agent or employee to serve	1013
as an enforcement agent. The employment and designation of	1014
enforcement agents shall be within the exclusive authority of the	1015
director of public safety pursuant to sections 5502.13 to 5502.19	1016
of the Revised Code.	1017

(8) Except as otherwise provided in division (A)(8) of this	1018
section, collectCollect the following fees:	1019

(a) An annual twenty-five-A biennial fifty dollar	1020
registration fee for each representativeagent, solicitor, or	1021
salesperson, registered pursuant to section 4303.25 of the Revised	1022
Code, of a beer or intoxicating liquor manufacturer, supplier,	1023
broker, or wholesale distributor doing business in this state;	1024

(b) A fifty-dollar product registration fee for each new beer	1025
or intoxicating liquor product sold in this state. The product	1026
registration fee shall be accompanied by a copy of the federal	1027
label and product approval for the new product.	1028

(c) An annual three-hundred-dollar out-of-state supplier	1029
consent-to-importregistration fee from each manufacturer or	1030
supplier not subject to division (A)(8)(e) of this sectionthat	1031
produces and ships into this state, or ships into this state,	1032
intoxicating liquor or beer, in addition to an initial application	1033
fee of one hundred dollars;	1034

(d) An annual twenty-five-dollar registration fee for coil	1035
cleaners of beer dispensing equipment doing business in this	1036
state.	1037

(e) An annual one-hundred-dollar out-of-state	1038
consent-to-import fee, in addition to an initial application fee	1039
of one hundred dollars, from any manufacturer or out-of-state	1040
supplier that produced or shipped into this state in the	1041
immediately preceding calendar year a total of five hundred or	1042
fewer cases of seven-hundred-fifty milliliter equivalent of	1043
intoxicating liquor and twelve-ounce equivalent of beer.	1044

Each consent-to-import, representative'ssupplier, agent,	1045
solicitor, or salesperson registration, and coil cleaner	1046
registration issued under this division (A)(8) of this section	1047
authorizesshall authorize the person named to carry on the	1048
activity specified in the registration. Each agent, solicitor, or	1049
salesperson registration is valid for two years or for the	1050
unexpired portion of a two-year registration period. Each supplier	1051
registration is valid for one year, or for the unexpired portion	1052
of thea one-year, endingregistration period. Registrations shall	1053
end on thetheir respective uniform expiration date for each,	1054
which shall be designated by the division, and isare subject to	1055
suspension, revocation, cancellation, or fine as authorized by	1056
this chapter and Chapter 4303. of the Revised Code.	1057

(9) Establish a system of electronic data interchange within	1058
the division and regulate the electronic transfer of information	1059
and funds among persons and governmental entities engaged in the	1060
manufacture, distribution, and retail sale of alcoholic beverages;	1061

(10) Exercise all other powers expressly or by necessary	1062
implication conferred upon the division by this chapter and	1063
Chapter 4303. of the Revised Code, and all powers necessary for	1064
the exercise or discharge of any power, duty, or function	1065
expressly conferred or imposed upon the division by those	1066
chapters.	1067

(B) The division may do all of the following:

1068

(1) Sue, but may be sued only in connection with the	1069
execution of leases of real estate and the purchases and contracts	1070
necessary for the operation of the state liquor stores that are	1071
made under this chapter and Chapter 4303. of the Revised Code;	1072

(2) Enter into leases and contracts of all descriptions and	1073
acquire and transfer title to personal property with regard to the	1074
sale, distribution, and storage of spirituous liquor within the	1075
state;	1076

(3) Terminate at will any lease entered into pursuant to	1077
division (B)(2) of this section upon first giving ninety days'	1078
notice in writing to the lessor of its intention to do so;	1079

(4) Fix the wholesale and retail prices at which the various	1080
classes, varieties, and brands of spirituous liquor shall be sold	1081
by the division. Those retail prices shall be the same at all	1082
state liquor stores, except to the extent that a price	1083
differential is required to collect a county sales tax levied	1084
pursuant to section 5739.021 of the Revised Code and for which tax	1085
the tax commissioner has authorized prepayment pursuant to section	1086
5739.05 of the Revised Code. In fixing selling prices, the	1087
division shall compute an anticipated gross profit at least	1088
sufficient to provide in each calendar year all costs and expenses	1089
of the division and also an adequate working capital reserve for	1090
the division. The gross profit shall not exceed forty per cent of	1091
the retail selling price based on costs of the division, and in	1092
addition the sum required by section 4301.12 of the Revised Code	1093
to be paid into the state treasury. An amount equal to one and	1094
one-half per cent of that gross profit shall be paid into the	1095
statewide treatment and prevention fund created by section 4301.30	1096
of the Revised Code and be appropriated by the general assembly	1097
from the fund to the department of alcohol and drug addiction	1098
services as provided in section 4301.30 of the Revised Code.	1099

On spirituous liquor manufactured in Ohiothis state from the	1100
juice of grapes or fruits grown in Ohiothis state, the division	1101
shall compute an anticipated gross profit of not to exceed ten per	1102
cent. The wholesale prices shall be at a discount of not less than	1103
twelve and one-half per cent of the retail selling prices as	1104
determined by the division in accordance with this section.	1105

(5) Request from the bureau of criminal identification and	1106
investigation pursuant to section 109.572 of the Revised Code, or	1107
coordinate with appropriate federal, state, and local government	1108
agencies to accomplish, criminal records checks for the persons	1109
whose identities are required to be disclosed by an applicant for	1110
the issuance or transfer of ownership of a liquor permit by	1111
division (A) of section 4303.293 of the Revised Code. At or before	1112
the time of making a request for a criminal records check, the	1113
division may require any person whose identity is required to be	1114
disclosed by an applicant for the issuance or transfer of	1115
ownership of a liquor permit by division (A) of section 4303.293	1116
of the Revised Code to submit to the division valid fingerprint	1117
impressions in a format and by any media or means acceptable to	1118
the bureau of criminal identification and investigation and, when	1119
applicable, the federal bureau of investigation. The division may	1120
cause the bureau of criminal identification and investigation to	1121
conduct a criminal records check through the federal bureau of	1122
investigation only if the person for whom the criminal records	1123
check would be conducted resides or works outside of this state or	1124
has resided or worked outside of this state during the preceding	1125
five years, or if a criminal records check conducted by the bureau	1126
of criminal identification and investigation within this state	1127
indicates that the person may have a criminal record outside of	1128
this state.	1129

In the case of a criminal records check under section 109.572	1130
of the Revised Code, the division shall forward to the bureau of	1131
criminal identification and investigation the requisite form,	1132
fingerprint impressions, and fee described in division (C) of that	1133
section. When requested by the division in accordance with this	1134
section, the bureau of criminal identification and investigation	1135
shall request from the federal bureau of investigation any	1136
information it has with respect to the person who is the subject	1137
of the requested criminal records check and shall forward the	1138
requisite fingerprint impressions and information to the federal	1139
bureau of investigation for that criminal records check. After	1140
conducting a criminal records check or receiving the results of a	1141
criminal records check from the federal bureau of investigation,	1142
the bureau of criminal identification and investigation shall	1143
provide the results to the division.	1144

The division may require any person about whom a criminal	1145
records check is requested to pay to the division the amount	1146
necessary to cover the fee charged to the division by the bureau	1147
of criminal identification and investigation under division (C)(3)	1148
of section 109.572 of the Revised Code, including, when	1149
applicable, any fee for a criminal records check conducted by the	1150
federal bureau of investigation.	1151

(C) The division may approve the expansion or diminution of a	1152
premises to which a liquor permit has been issued and may adopt	1153
standards governing such an expansion or diminution.	1154

Sec. 4301.19.  The division of liquor control shall sell	1155
spirituous liquor only, whether from a warehouse or from a state	1156
liquor store or agency store. All sales shall be in sealed	1157
containers and for resale as authorized by this chapter and	1158
Chapter 4303. of the Revised Code or for consumption off the	1159
premises only. Except as otherwise provided in this section, sale	1160
of containers holding one-half pint or less of spirituous liquor	1161
by the division shall be made at retail only, and not for the	1162
purpose of resale by any purchaser, by special order placed with a	1163
state retail liquor store or agency store and subject to rules	1164
established by the superintendent of liquor control. The division	1165
may sell at wholesale spirituous liquor in fifty milliliter sealed	1166
containers to any holder of a permit issued under Chapter 4303. of	1167
the Revised Code that authorizes the sale of spirituous liquor for	1168
consumption on the premises where sold. A person appointed by the	1169
division to act as an agent for the sale of spirituous liquor	1170
pursuant to section 4301.17 of the Revised Code may provide and	1171
accept gift certificates and may accept credit cards and debit	1172
cards for the retail purchase of spirituous liquor. Deliveries	1173
shall be made in the manner the superintendent determines by rule.	1174

If any person desires to purchase any variety or brand of	1175
spirituous liquor which is not in stock at the state liquor store	1176
or agency store where the variety or brand is ordered, the	1177
division shall immediately procure the variety or brand after a	1178
reasonable deposit is made by the purchaser in such proportion of	1179
the approximate cost of the order as is prescribed by the rules of	1180
the superintendent. The purchaser shall be immediately notified	1181
upon the arrival of the spirituous liquor at the store at which it	1182
was ordered. Unless the purchaser pays for the variety or brand	1183
and accepts delivery within five days after the giving of the	1184
notice, the division may place the spirituous liquor in stock for	1185
general sale, and the deposit of the purchaser shall be forfeited.	1186

Sec. 4301.20. Chapters 4301.This chapter and Chapter 4303.	1187
of the Revised Code do not prevent the following:	1188

(A) The storage of intoxicating liquor in bonded warehouses,	1189
established in accordance with the acts of congress and under the	1190
regulation of the United States, located in this state, or the	1191
transportation of intoxicating liquor to or from bonded warehouses	1192
of the United States wherever located;	1193

(B) A bona fide resident of this state who is the owner of a	1194
warehouse receipt from obtaining or transporting to the person's	1195
resident's residence for the person's resident's own consumption	1196
and not for resale spirituous liquor stored in a government bonded	1197
warehouse in this state or in another state prior to December,	1198
1933, subject to such terms as are prescribed by the division of	1199
liquor control;	1200

(C) The manufacture of cider from fruit for the purpose of	1201
making vinegar, and nonintoxicating cider and fruit juices for use	1202
and sale;	1203

(D) A licensed physician or dentist from administering or	1204
dispensing intoxicating liquor or alcohol to a patient in good	1205
faith in the actual course of the practice of the physician's or	1206
dentist's profession;	1207

(E) The sale of alcohol to physicians, dentists, druggists,	1208
veterinary surgeons, manufacturers, hospitals, infirmaries, or	1209
medical or educational institutions using the samealcohol for	1210
medicinal, mechanical, chemical, or scientific purposes;	1211

(F) The sale, gift, or keeping for sale by druggists and	1212
others of any of the medicinal preparations manufactured in	1213
accordance with the formulas prescribed by the United States	1214
Pharmacopoeia and National Formulary, patent or proprietary	1215
preparations, and other bona fide medicinal and technical	1216
preparations, which contain no more alcohol than is necessary to	1217
hold the medicinal agents in solution and to preserve the same,	1218
which are manufactured and sold as medicine and not as beverages,	1219
are unfit for use for beverage purposes, and the sale of which	1220
does not require the payment of a United States liquor dealer's	1221
tax;	1222

(G) The manufacture and sale of tinctures or of toilet,	1223
medicinal, and antiseptic preparations and solutions not intended	1224
for internal human use nor to be sold as beverages, and which are	1225
unfit for beverage purposes, if upon the outside of each bottle,	1226
box, or package of which there is printed in the English language,	1227
conspicuously and legibly, the quantity by volume of alcohol in	1228
suchthe preparation or solution;	1229

(H) The manufacture and keeping for sale of the food products	1230
known as flavoring extracts when manufactured and sold for	1231
cooking, culinary, or flavoring purposes, and which are unfit for	1232
use for beverage purposes;	1233

(I) The lawful sale of wood alcohol or of ethyl alcohol for	1234
external use when combined with such other substances as to make	1235
it unfit for internal use;	1236

(J) The purchase and importation into this state of	1237
intoxicating liquor for use in manufacturing processes of	1238
nonbeverage food products under such terms as are prescribed by	1239
the division, provided that the terms prescribed by the division	1240
shall not increase the cost of suchthe intoxicating liquors	1241
liquor to any person, firm, or corporation purchasing and	1242
importing the sameit into this state for any suchthat use;	1243

(K) Any resident of this state or any member of the armed	1244
forces of the United States, who has attained the age of	1245
twenty-one years, from bringing into this state, for personal use	1246
and not for resale, not more than one liter of spirituous liquor	1247
in any thirty-day period, and the same is free of any tax consent	1248
fee when suchthe resident or member of the armed forces	1249
physically possesses and accompanies suchthe spirituous liquor on	1250
returning from a foreign country, another state, or an insular	1251
possession of the United States;	1252

(L) Persons, at least twenty-one years of age, who collect	1253
ceramic commemorative bottles containing spirituous liquor which	1254
have unbroken federal tax stamps thereonon them from selling or	1255
trading suchthe bottles to other collectors. SuchThe bottles	1256
must originally have been purchased at retail from the division,	1257
legally imported under division (K) of this section, or legally	1258
imported pursuant to a consent to importsupplier registration	1259
issued by the division. SuchThe sales shall be for the purpose of	1260
exchanging a ceramic commemorative bottle between private	1261
collectors and shall not be for the purpose of selling the	1262
spirituous liquor for personal consumption. The sale or exchange	1263
authorized by this division shall not occur on the premises of any	1264
permit holder, shall not be made in connection with the business	1265
of any permit holder, and shall not be made in connection with any	1266
mercantile business.	1267

Sec. 4301.22.  Sales of beer and intoxicating liquor under	1268
all classes of permits and from state liquor stores are subject to	1269
the following restrictions, in addition to those imposed by the	1270
rules or orders of the division of liquor control:	1271

(A)(1) Except as otherwise provided in this chapter, no beer	1272
or intoxicating liquor shall be sold to any person under	1273
twenty-one years of age.	1274

(2) No low-alcohol beverage shall be sold to any person under	1275
eighteen years of age. No permit issued by the division shall be	1276
suspended, revoked, or canceled because of a violation of division	1277
(A)(2) of this section.	1278

(3) No intoxicating liquor shall be handled by any person	1279
under twenty-one years of age, except that a person eighteen years	1280
of age or older employed by a permit holder may handle or sell	1281
beer or intoxicating liquor in sealed containers in connection	1282
with wholesale or retail sales, and any person nineteen years of	1283
age or older employed by a permit holder may handle intoxicating	1284
liquor in open containers when acting in the capacity of a server	1285
in a hotel, restaurant, club, or night club, as defined in	1286
division (B) of section 4301.01 of the Revised Code, or in the	1287
premises of a D-7 permit holder. This section does not authorize	1288
persons under twenty-one years of age to sell intoxicating liquor	1289
across a bar. Any person employed by a permit holder may handle	1290
beer or intoxicating liquor in sealed containers in connection	1291
with manufacturing, storage, warehousing, placement, stocking,	1292
bagging, loading, or unloading, and may handle beer or	1293
intoxicating liquor in open containers in connection with cleaning	1294
tables or handling empty bottles or glasses.	1295

(B) No permit holder and no agent or employee of a permit	1296
holder shall sell or furnish beer or intoxicating liquor to an	1297
intoxicated person.	1298

(C) No intoxicating liquor shall be sold to any individual	1299
who habitually drinks intoxicating liquor to excess, or to whom	1300
the division has, after investigation, determined to prohibit the	1301
sale of such intoxicating liquor, because of cause shown by the	1302
husband, wife, father, mother, brother, sister, or other person	1303
dependent upon, or in charge of such individual, or by the mayor	1304
of any municipal corporation, or a township trustee of any	1305
township in which the individual resides. The order of the	1306
division in such case shall remain in effect until revoked by the	1307
division.	1308

(D) No sales of intoxicating liquor shall be made after	1309
two-thirty a.m. on Sunday, except that intoxicating liquor may be	1310
sold on Sunday under authority of a permit whichthat authorizes	1311
Sunday sale.	1312

This section does not prevent a municipal corporation from	1313
adopting a closing hour for the sale of intoxicating liquor	1314
earlier than two-thirty a.m. on Sunday or to provide that no	1315
intoxicating liquor may be sold prior to that hour on Sunday.	1316

(E)(D) No holder of a permit shall give away any beer or	1317
intoxicating liquor of any kind at any time in connection with	1318
permit holder's business.	1319

(F)(E) Except as otherwise provided in this division, no	1320
retail permit holder shall display or permit the display on the	1321
outside of any licensed retail premises, or on any lot of ground	1322
on which the licensed premises are situated, or on the exterior of	1323
any building of which saidthe licensed premises are a part, any	1324
sign, illustration, or advertisement bearing the name, brand name,	1325
trade name, trade-mark, designation, or other emblem of or	1326
indicating the manufacturer, producer, distributor, place of	1327
manufacture, production, or distribution of any beer or	1328
intoxicating liquor. Signs, illustrations, or advertisements	1329
bearing the name, brand name, trade name, trade-mark, designation,	1330
or other emblem of or indicating the manufacturer, producer,	1331
distributor, place of manufacture, production, or distribution of	1332
beer or intoxicating liquor may be displayed and permitted to be	1333
displayed on the interior or in the show windows of any licensed	1334
premises, if the particular brand or type of product so advertised	1335
is actually available for sale on the premises at the time of such	1336
that display. The liquor control commission shall determine by	1337
rule the size and character of suchthose signs, illustrations, or	1338
advertisements.	1339

(G)(F) No retail permit holder shall possess on the licensed	1340
premises any barrel or other container from which beer is drawn,	1341
unless there is attached to the spigot or other dispensing	1342
apparatus the name of the manufacturer of the product contained	1343
thereinin the barrel or other container, provided that where	1344
such,if the beer is served at a bar, the manufacturer's name or	1345
brand must appear in full view of the purchaser. The commission	1346
shall regulate the size and character of the devices provided for	1347
in this section.	1348

(H)(G) Except as otherwise provided in this division, no sale	1349
of any gift certificate shall be permitted whereby beer or	1350
intoxicating liquor of any kind is to be exchanged for suchthe	1351
certificate, unless the gift certificate can be exchanged only for	1352
food, and beer or intoxicating liquor, for on-premises consumption	1353
and the value of the beer or intoxicating liquor for which the	1354
certificate can be exchanged does not exceed more than thirty per	1355
cent of the total value of the gift certificate. The sale of gift	1356
certificates for the purchase of beer, wine, or mixed beverages	1357
shall be permitted for the purchase of beer, wine, or mixed	1358
beverages for off-premises consumption. Limitations on the use of	1359
a gift certificate for the purchase of beer, wine, or mixed	1360
beverages for off-premises consumption may be expressed by clearly	1361
stamping or typing on the face of the certificate that the	1362
certificate may not be used for the purchase of beer, wine, or	1363
mixed beverages.	1364

Sec. 4301.24.  No manufacturer shall aid or assist the holder	1365
of any permit for sale at wholesale, and no manufacturer or	1366
wholesale distributor shall aid or assist the holder of any permit	1367
for sale at retail, by gift or loan of any money or property of	1368
any description or other valuable thing, or by giving premiums or	1369
rebates. No holder of any such permit shall accept the same,	1370
provided that the manufacturer or wholesale distributor may	1371
furnish to a retail permittee the inside signs or advertising and	1372
the tap signs or devices authorized by divisions (E) and (F) and	1373
(G) of section 4301.22 of the Revised Code.	1374

No manufacturer shall have any financial interest, directly	1375
or indirectly, by stock ownership, or through interlocking	1376
directors in a corporation, or otherwise, in the establishment,	1377
maintenance, or promotion in the business of any wholesale	1378
distributor. No retail permit holder shall have any interest,	1379
directly or indirectly, in the operation of, or any ownership in,	1380
the business of any wholesale distributor or manufacturer.	1381

No manufacturer shall, except as authorized by section	1382
4303.021 of the Revised Code, have any financial interest,	1383
directly or indirectly, by stock ownership, or through	1384
interlocking directors in a corporation, or otherwise, in the	1385
establishment, maintenance, or promotion of the business of any	1386
retail dealer. No wholesale distributor or employee of a wholesale	1387
distributor shall have any financial interest, directly or	1388
indirectly, by stock ownership, interlocking directors in a	1389
corporation, or otherwise, in the establishment, maintenance, or	1390
promotion of the business of any retail dealer. No manufacturer or	1391
wholesale distributor or any stockholder of a manufacturer or	1392
wholesale distributor shall acquire, by ownership in fee,	1393
leasehold, mortgage, or otherwise, directly or indirectly, any	1394
interest in the premises on which the business of any other person	1395
engaged in the business of trafficking in beer or intoxicating	1396
liquor is conducted. All contracts, covenants, conditions, and	1397
limitations whereby any person engaged or proposing to engage in	1398
the sale of beer or intoxicating liquors promises to confine the	1399
person's sales of a particular kind or quality of beer or	1400
intoxicating liquor to one or more products, or the products of a	1401
specified manufacturer or wholesale distributor, or to give	1402
preference to those products, shall to the extent of that promise	1403
be void. The making of a promise in any such form shall be cause	1404
for the revocation or suspension of any permit issued to any	1405
party. This section does not prevent the holder of an A permit	1406
from securing and holding a wholesale distributor's permit or	1407
permits and operating as a wholesale distributor.	1408

No manufacturer shall sell or offer to sell to any wholesale	1409
distributor or retail permit holder, no wholesale distributor	1410
shall sell or offer to sell to any retail permit holder, and no	1411
wholesale distributor or retail permit holder shall purchase or	1412
receive from any manufacturer or wholesale distributor, any beer,	1413
brewed beverages, or wine manufactured in the United States except	1414
for cash. No right of action shall exist to collect any claims for	1415
credit extended contrary to this section. This section does not	1416
prohibit a licensee from crediting to a purchaser the actual	1417
prices charged for packages or containers returned by the original	1418
purchaser as a credit on any sale or from refunding to any	1419
purchaser the amount paid by that purchaser for containers or as a	1420
deposit on containers when title is retained by the vendor, if	1421
those containers or packages have been returned to the	1422
manufacturer or distributor. This section does not prohibit a	1423
manufacturer from extending usual and customary credit for beer,	1424
brewed beverages, or wine manufactured in the United States and	1425
sold to customers who live or maintain places of business outside	1426
this state when the beverages so sold are actually transported and	1427
delivered to points outside this state. No wholesale or retail	1428
permit shall be issued to an applicant unless the applicant has	1429
paid in full all accounts for beer or wine, manufactured in the	1430
United States, outstanding as of September 6, 1939. No beer or	1431
wine manufactured in the United States shall be imported into the	1432
state unless the beer or wine has been paid for in cash, and no	1433
consent to importsupplier registration for any such beer or wine	1434
manufactured in the United States shall be issued by the division	1435
of liquor control until the A-2, B-1, or B-5 permit holder	1436
establishes to the satisfaction of the division that the beer or	1437
wine has been paid for in cash.	1438

This section does not prevent a manufacturer from securing	1439
and holding any financial interest, directly or indirectly, by	1440
stock ownership or through interlocking directors in a	1441
corporation, or otherwise, in the establishment, maintenance, or	1442
promotion of the business or premises of any C or D permit holder,	1443
provided that the following conditions are met:	1444

(A) Either the manufacturer or one of its parent companies is	1445
listed on a national securities exchange.	1446

(B) All purchases of alcoholic beverages by the C or D permit	1447
holder are made from wholesale distributors in this state or	1448
agency stores licensed by the division of liquor control.	1449

(C) If the C or D permit holder sells brands of alcoholic	1450
beverages that are produced or distributed by the manufacturer	1451
that holds the financial interest, the C or D permit holder also	1452
sells other competing brands of alcoholic beverages produced by	1453
other manufacturers, no preference is given to the products of the	1454
manufacturer, and there is no exclusion, in whole or in part, of	1455
products sold or offered for sale by other manufacturers,	1456
suppliers, or importers of alcoholic beverages that constitutes a	1457
substantial impairment of commerce.	1458

(D) The primary purpose of the C or D permit premises is a	1459
purpose other than to sell alcoholic beverages, and the sale of	1460
other goods and services exceeds fifty per cent of the total gross	1461
receipts of the C or D permit holder at its premises.	1462

This section does not prevent a manufacturer from giving	1463
financial assistance to the holder of a B permit for the purpose	1464
of the holder purchasing an ownership interest in the business,	1465
existing inventory and equipment, or property of another B permit	1466
holder, including, but not limited to, participation in a limited	1467
liability partnership, limited liability company, or any other	1468
legal entity authorized to do business in this state. This section	1469
does not permit a manufacturer to give financial assistance to the	1470
holder of a B permit to purchase inventory or equipment used in	1471
the daily operation of a B permit holder.	1472

Sec. 4301.29. (A) Whenever the department of public safety	1473
seizes beer,or intoxicating liquor, or alcohol pursuant to	1474
Chapters 4301. and 4303. of the Revised Code, the department shall	1475
forthwith destroy anyor distribute the beer,or intoxicating	1476
liquor, or alcohol, unless it is determined to be fit for sale. If	1477
the beer, intoxicating liquor, or alcohol is determined to be fit	1478
for sale, it shall be transferred to the department or, beginning	1479
on July 1, 1997, the division of liquor control for disposition	1480
underin accordance with division (D)(4) of section 2933.41 of the	1481
Revised Code.	1482

(B)(1) In case of any seizure of beer,or intoxicating	1483
liquor, or alcohol under execution of any judgment rendered	1484
against the holder of a permit, or in case ofrelation to the	1485
foreclosure of any lien on any beer,or intoxicating liquor, or	1486
alcohol belonging to any sucha holder of a permit, or in case of	1487
relation to the insolvency or bankruptcy of sucha holder of a	1488
permit, or in any other case in which judicial process is employed	1489
to subject any beer,or intoxicating liquor, or alcohol belonging	1490
to or in the possession of the holder of a permit to any claims	1491
whatsoeverclaim, the officerperson seizing suchthe beer,or	1492
intoxicating liquor, or alcohol or taking possession thereof	1493
pursuant to such process shall deliver to the department or	1494
division all beer, intoxicating liquor, or alcohol found in the	1495
possession of the judgment debtor, bankrupt, or person for whom	1496
the officer has been appointed as a receiver. Thereupon the	1497
department or division shall sell such beer, intoxicating liquor,	1498
or alcohol and pay the proceeds of the sale thereof to the officer	1499
holding the process to be disposed of by the officer according to	1500
or the person's designee may sell it, subject to division (B)(2)	1501
of this section, after obtaining the written consent of the	1502
division of liquor control. Proceeds from the sale of the beer or	1503
intoxicating liquor shall be paid in accordance with the	1504
applicable law and the orders of the court issuing suchthe	1505
process.	1506

(2) Beer or intoxicating liquor that is sold under division	1507
(B)(1) of this section shall not be sold to or purchased by the	1508
holder of a liquor permit, an applicant for a liquor permit, or	1509
any other business.	1510

Sec. 4301.30.  All fees collected by the division of liquor	1511
control shall be deposited in the state treasury to the credit of	1512
the undivided liquor permit fund, which is hereby created, at the	1513
time prescribed under section 4301.12 of the Revised Code. Each	1514
payment shall be accompanied by a statement showing separately the	1515
amount collected for each class of permits in each municipal	1516
corporation and in each township outside the limits of any	1517
municipal corporation in such township. An amount equal to	1518
forty-five per cent of the fund shall be paid from the fund into	1519
the general revenue fund.	1520

Twenty per cent of the undivided liquor permit fund shall be	1521
paid into the statewide treatment and prevention fund, which is	1522
hereby created in the state treasury. This amount shall be	1523
appropriated by the general assembly, together with an amount	1524
equal to one and one-half per cent of the gross profit of the	1525
division of liquor control derived under division (B)(4) of	1526
section 4301.10 of the Revised Code, to the department of alcohol	1527
and drug addiction services. In planning for the allocation of and	1528
in allocating these amounts for the purposes of Chapter 3793. of	1529
the Revised Code, the department of alcohol and drug addiction	1530
services shall comply with the nondiscrimination provisions of	1531
Title VI of the Civil Rights Act of 1964, and any rules adopted	1532
under that act.	1533

Thirty-five per cent of the undivided liquor permit fund	1534
shall be distributed by the superintendent of liquor control at	1535
quarterly calendar periods as follows:	1536

(A) To each municipal corporation, the aggregate amount shown	1537
by the statements to have been collected from permits in the	1538
municipal corporation, for the use of the general fund of the	1539
municipal corporation;	1540

(B) To each township, the aggregate amount shown by the	1541
statements to have been collected from permits in its territory,	1542
outside the limits of any municipal corporation located in the	1543
township, for the use of the general fund of the township, or for	1544
fire protection purposes, including buildings and equipment in the	1545
township or in an established fire district within the township,	1546
to the extent that the funds are derived from liquor permits	1547
within the territory comprising such fire district.	1548

For the purpose of the distribution required by this section,	1549
E, H, and D permits covering boats or vessels are deemed to have	1550
been issued in the municipal corporation or township wherein the	1551
owner or operator of the vehicle, boat, vessel, or dining car	1552
equipment to which the permit relates has the owner's or	1553
operator's principal office or place of business within the state.	1554

Such distributions are subject to diminutions for refunds as	1555
prescribed in section 4301.41 of the Revised Code. If the liquor	1556
control commission is of the opiniondetermines that the police or	1557
other officers of any municipal corporation or township entitled	1558
to share in such a distributiondistributions are refusing or	1559
culpably neglecting to enforce this chapter and Chapter 4303. of	1560
the Revised Code, or the penal laws of this state relating to the	1561
manufacture, importation, transportation, distribution, and sale	1562
of beer and intoxicating liquors, or if the prosecuting officer of	1563
a municipal corporation or a municipal court fails to comply with	1564
the request of the commission authorized by division (A)(4) of	1565
section 4301.10 of the Revised Code, the commission, by certified	1566
mail, may notify the chief executive officer of the municipal	1567
corporation or the board of township trustees of the township of	1568
the failure and require the immediate cooperation of the	1569
responsible officers of the municipal corporation or township with	1570
the division of liquor control in the enforcement of those	1571
chapters and penal laws. Within thirty days after the notice is	1572
served, the commission shall determine whether the requirement has	1573
been complied with. If the commission determines that the	1574
requirement has not been complied with, it may issue an order to	1575
the superintendent to withhold the distributive share of the	1576
municipal corporation or township until further order of the	1577
commission. This action of the commission is reviewable within	1578
thirty days thereafter in the court of common pleas of Franklin	1579
county.	1580

Sec. 4301.39.  (A) When the board of elections of any county	1581
determines that a petition for a local option election, presented	1582
pursuant to section 4301.33, 4301.331, 4301.332, 4301.333,	1583
4303.29, or 4305.14 of the Revised Code is sufficient, it shall	1584
forthwith, by mail, notify the division of liquor control of the	1585
fact that such athe petition has been filed and approved by it.	1586
Upon the determination of the results of any such election, the	1587
board shall forthwith notify the division by mail of the result	1588
and shall forward with the notice a plat of the precinct in which	1589
the election was held and, if applicable, shall separately	1590
identify the portion of the precinct affected by the election.	1591

(B) On the plat of a precinct, forwarded with the results of	1592
an election that was held under section 4301.35, 4301.351,	1593
4301.353, 4301.354, or 4303.29 of the Revised Code, the board	1594
shall show and designate all of the streets and highways in the	1595
precinct or relevant portion thereofof the precinct.	1596

(C) On the plat of a precinct, forwarded with the results of	1597
an election that was held under section 4301.352 of the Revised	1598
Code, the board shall show and designate all of the following:	1599

(1) All of the streets and highways in the precinct;

1600

(2) The permit premises designated in the petition that was	1601
filed under section 4301.331 of the Revised Code;	1602

(3) A class C or D permit holder's personal or corporate	1603
name, and, if it is different from the permit holder's personal or	1604
corporate name, the name of the business conducted by the permit	1605
holder on the designated premises;	1606

(4) The address of the designated premises.

1607

(D) On the plat of a precinct, forwarded with the results of	1608
an election that was held under section 4301.355 of the Revised	1609
Code, the board shall show and designate all of the following:	1610

(1) All streets and highways in the precinct;

1611

(2) The address of the particular location within the	1612
precinct to which the election results will apply as designated in	1613
the petition that was filed under section 4301.333 of the Revised	1614
Code;	1615

(3) The name of the applicant for the issuance or transfer of	1616
the liquor permit, orof the holder of the liquor permit, or name	1617
of the liquor agency store, including any trade or fictitious	1618
names under which the applicant, holder, or operator intends to,	1619
or does, do business at the particular location, as designated in	1620
the petition that was filed under section 4301.333 of the Revised	1621
Code.	1622

(E) With the results of an election that was held under	1623
section 4301.356 of the Revised Code, the board shall designate	1624
both of the following:	1625

(1) Each permit premises designated in the petition;

1626

(2) Each class C or D permit holder's personal or corporate	1627
name and, if it is different from the personal or corporate name,	1628
the name of the business conducted by the permit holder on the	1629
designated premises.	1630

(F) If an application for recount is filed with the board of	1631
elections pursuant to section 3515.02 of the Revised Code or if an	1632
election contest is commenced pursuant to section 3515.09 of the	1633
Revised Code, the board of elections shall send written notice of	1634
the recount or contest, by certified mail, to the superintendent	1635
of liquor control within two days from the date of the filing of	1636
the application for recount or the commencement of an election	1637
contest. Upon the final determination of an election recount or	1638
contest, the board of elections shall send notice of the final	1639
determination, by certified mail, to the superintendent and the	1640
liquor control commission.	1641

(G) If, as the result of a local option election held	1642
pursuant to section 4301.35, 4301.351, 4301.353, 4301.354,	1643
4303.29, or 4305.14 of the Revised Code, the use of a permit is	1644
made partially unlawful, the division shall, within thirty days	1645
after receipt of the final notice of the result of the election,	1646
pick up andthe permit, amend the permitit by inserting	1647
appropriate restrictions on the permitit, and forthwith reissue	1648
the permitit without charge or refund to the permit holder,	1649
unless, prior to thirty days after receipt of the final notice of	1650
the result of suchthe election, both of the following occur:	1651

(1) A petition is filed with the board of elections pursuant	1652
to section 4301.333 of the Revised Code;	1653

(2) A copy of the petition filed with the board of elections	1654
pursuant to section 4301.333 of the Revised Code, bearing the file	1655
stamp of the board of elections, is filed with the superintendent	1656
of the division of liquor control.	1657

If both of those conditions are met, the results of the	1658
election held pursuant to section 4301.35, 4301.351, 4301.353,	1659
4301.354, 4303.29, or 4305.14 of the Revised Code shall not take	1660
effect as to the liquor permit holder specified in the petition	1661
filed pursuant to section 4301.333 of the Revised Code until the	1662
earlier of a determination by the board of elections and receipt	1663
of notification ofby the superintendent of the division of liquor	1664
control of notice that the petition is invalid or receipt by the	1665
superintendent of final notice of the result of an election held	1666
pursuant to section 4301.355 of the Revised Code concerning the	1667
holder of the liquor permit that resulted in a majority "no" vote.	1668

(H) If, as the result of a local option election, except a	1669
local option election held pursuant to section 4301.352 of the	1670
Revised Code, the use of a permit is made wholly unlawful, the	1671
permit holder may, within thirty days after the certification of	1672
suchthat final result by the board of elections to the division,	1673
deliver the permit holder's permit to the division for safekeeping	1674
as provided in section 4303.272 of the Revised Code, or the permit	1675
holder may avail itself of the remedy set forth in divisions	1676
(G)(1) and (2) of this section. In such event, the results of the	1677
election shall not take effect as to the liquor permit holder	1678
specified in the petition pursuant to section 4301.333 of the	1679
Revised Code until the earlier of a determination by the board of	1680
elections and receipt by the superintendent of the division of	1681
liquor control of notice that the petition is invalid or receipt	1682
by the superintendent of the final notice of the result of an	1683
election held pursuant to section 4301.355 of the Revised Code	1684
concerning the holder of the liquor permit that resulted in a	1685
majority "no" vote.	1686

(I) If a municipal corporation or township has been paid all	1687
the moneys due it from permit fees under section 4301.30 of the	1688
Revised Code, it shall refund to the division ninety per cent of	1689
the money attributed to the unexpired portion of all permits which	1690
are still in force at the time of a local option election that	1691
makes use of the permits unlawful, except that no refund shall be	1692
made for the unexpired portion of a license year that is less than	1693
thirty days. Failure of the municipal corporation or township to	1694
refund the amount due entitles the permit holders to operate under	1695
their permits until the refund has been made.	1696

(J) If a municipal corporation or township has been paid all	1697
the money due it from permit fees under section 4301.30 of the	1698
Revised Code, it shall refund to the division ninety per cent of	1699
the money attributable to the unexpired portion of a permit at the	1700
time a local option election under section 4301.352 of the Revised	1701
Code makes use of the permit unlawful, except that no refund shall	1702
be made for the unexpired portion of a license year that is less	1703
than thirty days. Failure of the municipal corporation or township	1704
to refund the amount due entitles the permit holder to operate	1705
under the permit until the refund has been made.	1706

Sec. 4301.41.  Whenever the division of liquor control	1707
cancels a permit, the division shall refund to its holder, or to	1708
the holder's executors, administrators, receivers, or trustees in	1709
bankruptcy, or to an assignee for the benefit of the holder's	1710
creditors, a proportionate amount representing the unexpired	1711
portion of the holder's permit year, except that such refund shall	1712
in no event be more than ninety per cent of such fee, and if the	1713
unexpired portion of the license year is less than thirty days, no	1714
refund shall be made. When the superintendent of liquor control	1715
considers it advisable to cancel the unexpired portion of an	1716
outstandinga permit in order that suchthe permit or permits,	1717
held by the permittee, may be issued on a uniform expiration date	1718
designated by the superintendent, the division may credit or	1719
refund the unexpired portion of permit fees outstanding or collect	1720
any additional amounts due resulting from the uniform expiration	1721
date so fixed. Notice of sucha change of the expiration date and	1722
suchof a credit, refund, or additional amounts to be credited,	1723
refunded, or paid shall be given by the division to the permittee	1724
holder of the permit at least thirty days prior to the due date.	1725
Such refund shall be made subject to the order of the division,	1726
and at the next distribution of permit fee revenues, the amount	1727
refunded shall be withheld from the moneys due to the subdivision	1728
which received the original permit fee.	1729

Sec. 4301.424.  (A) For the purpose of section 351.26 of the	1730
Revised Code and to pay any or all of the charge the board of	1731
elections makes against the county to hold the election on the	1732
question of levying the tax, the board of county commissioners, in	1733
the manner prescribed by division (A) of section 351.26 of the	1734
Revised Code, may levy a tax on each gallon of spirituous liquor;	1735
on the sale of beer; and on the sale of wine and mixed beverages.	1736
The tax on spirituous liquor shall be imposed on spirituous liquor	1737
sold to or purchased by liquor permit holders for resale, and sold	1738
at retail by the departmentdivision of liquor control, in the	1739
county at a rate not greater than three dollars per gallon; the	1740
tax on beer, wine, and mixed beverages shall be imposed on all	1741
beer, wine, and mixed beverages sold for resale at retail in the	1742
county, and on all beer, wine, and mixed beverages sold at retail	1743
in the county by the manufacturer, bottler, importer, or other	1744
person and upon which the tax has not been paid. The rate of the	1745
tax on beer shall not exceed sixteen cents per gallon, and the	1746
rate of the tax on wine and mixed beverages shall not exceed	1747
thirty-two cents per gallon. Only one sale of the same article	1748
shall be used in computing, reporting, and paying the amount of	1749
tax due. The tax may be levied for any number of years not	1750
exceeding twenty.	1751

The tax shall be levied pursuant to a resolution of the board	1752
of county commissioners adopted as prescribed by division (A) of	1753
section 351.26 of the Revised Code and approved by a majority of	1754
the electors in the county voting on the question of levying the	1755
tax. The resolution shall specify the rates of the tax, the number	1756
of years the tax will be levied, and the purposes for which the	1757
tax is levied. Such election may be held on the date of a general	1758
or special election held not sooner than seventy-five days after	1759
the date the board certifies its resolution to the board of	1760
elections. If approved by the electors, the tax takes effect on	1761
the first day of the month specified in the resolution but not	1762
sooner than the first day of the month that is at least sixty days	1763
after the certification of the election results by the board of	1764
elections. A copy of the resolution levying the tax shall be	1765
certified to the departmentdivision of liquor control and the tax	1766
commissioner at least sixty days prior to the date on which the	1767
tax is to become effective.	1768

(B) A resolution under this section may be joined on the	1769
ballot as a single question with a resolution adopted under	1770
section 5743.026 of the Revised Code to levy a tax for the same	1771
purposes, and for the purpose of paying the expenses of	1772
administering that tax.	1773

(C) The form of the ballot in an election held on the	1774
question of levying a tax proposed pursuant to this section shall	1775
be as prescribed by section 351.26 of the Revised Code.	1776

Sec. 4301.77. The division of liquor control may provide the	1777
social security number of an individual that the division	1778
possesses to the department of public safety, department of	1779
taxation, office of the attorney general, or any other state	1780
agency if the department, office, or agency requests the social	1781
security number from the division to conduct an investigation,	1782
implement an enforcement action, or collect taxes.	1783

Sec. 4301.99.  (A) Whoever violates section 4301.47, 4301.48,	1784
4301.49, 4301.62, or 4301.70 or division (B) of section 4301.691	1785
of the Revised Code is guilty of a minor misdemeanor.	1786

(B) Whoever violates section 4301.15, division (A)(2) or	1787
(D)(C) of section 4301.22, division (C), (D), (E), (F), (G), (H),	1788
or (I) of section 4301.631, or section 4301.64 or 4301.67 of the	1789
Revised Code is guilty of a misdemeanor of the fourth degree.	1790

If an offender who violates section 4301.64 of the Revised	1791
Code was under the age of eighteen years at the time of the	1792
offense, the court, in addition to any other penalties it imposes	1793
upon the offender, shall suspend the offender's temporary	1794
instruction permit, probationary driver's license, or driver's	1795
license for a period of six months. If the offender is fifteen	1796
years and six months of age or older and has not been issued a	1797
temporary instruction permit or probationary driver's license, the	1798
offender shall not be eligible to be issued such a license or	1799
permit for a period of six months. If the offender has not	1800
attained the age of fifteen years and six months, the offender	1801
shall not be eligible to be issued a temporary instruction permit	1802
until the offender attains the age of sixteen years.	1803

(C) Whoever violates division (D) of section 4301.21, or	1804
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66,	1805
4301.68, or 4301.74, division (B), (C), (D), (E)(1), or (F) of	1806
section 4301.69 of the Revised Code, or division (C), (D), (E),	1807
(F), (G), or (I) of section 4301.691 of the Revised Code is guilty	1808
of a misdemeanor of the first degree.	1809

If an offender who violates division (E)(1) of section	1810
4301.69 of the Revised Code was under the age of eighteen years at	1811
the time of the offense and the offense occurred while the	1812
offender was the operator of or a passenger in a motor vehicle,	1813
the court, in addition to any other penalties it imposes upon the	1814
offender, shall suspend the offender's temporary instruction	1815
permit or probationary driver's license for a period of six	1816
months. If the offender is fifteen years and six months of age or	1817
older and has not been issued a temporary instruction permit or	1818
probationary driver's license, the offender shall not be eligible	1819
to be issued such a license or permit for a period of six months.	1820
If the offender has not attained the age of fifteen years and six	1821
months, the offender shall not be eligible to be issued a	1822
temporary instruction permit until the offender attains the age of	1823
sixteen years.	1824

(D) Whoever violates division (B) of section 4301.14, or	1825
division (A)(1) or (3),or (B), or (C) of section 4301.22 of the	1826
Revised Code is guilty of a misdemeanor of the third degree.	1827

(E) Whoever violates section 4301.63 or division (B) of	1828
section 4301.631 of the Revised Code shall be fined not less than	1829
twenty-five nor more than one hundred dollars. The court imposing	1830
a fine for a violation of section 4301.63 or division (B) of	1831
section 4301.631 of the Revised Code may order that the fine be	1832
paid by the performance of public work at a reasonable hourly rate	1833
established by the court. The court shall designate the time	1834
within which the public work shall be completed.	1835

(F)(1) Whoever violates section 4301.634 of the Revised Code	1836
is guilty of a misdemeanor of the first degree. If, in committing	1837
a first violation of that section, the offender presented to the	1838
permit holder or the permit holder's employee or agent a false,	1839
fictitious, or altered identification card, a false or fictitious	1840
driver's license purportedly issued by any state, or a driver's	1841
license issued by any state that has been altered, the offender is	1842
guilty of a misdemeanor of the first degree and shall be fined not	1843
less than two hundred fifty and not more than one thousand	1844
dollars, and may be sentenced to a term of imprisonment of not	1845
more than six months.	1846

(2) On a second violation in which, for the second time, the	1847
offender presented to the permit holder or the permit holder's	1848
employee or agent a false, fictitious, or altered identification	1849
card, a false or fictitious driver's license purportedly issued by	1850
any state, or a driver's license issued by any state that has been	1851
altered, the offender is guilty of a misdemeanor of the first	1852
degree and shall be fined not less than five hundred nor more than	1853
one thousand dollars, and may be sentenced to a term of	1854
imprisonment of not more than six months. The court also may	1855
suspend the offender's driver's or commercial driver's license or	1856
permit or nonresident operating privilege or deny the offender the	1857
opportunity to be issued a driver's or commercial driver's license	1858
for a period not exceeding sixty days.	1859

(3) On a third or subsequent violation in which, for the	1860
third or subsequent time, the offender presented to the permit	1861
holder or the permit holder's employee or agent a false,	1862
fictitious, or altered identification card, a false or fictitious	1863
driver's license purportedly issued by any state, or a driver's	1864
license issued by any state that has been altered, the offender is	1865
guilty of a misdemeanor of the first degree and shall be fined not	1866
less than five hundred nor more than one thousand dollars, and may	1867
be sentenced to a term of imprisonment of not more than six	1868
months. The court also shall suspend the offender's driver's or	1869
commercial driver's license or permit or nonresident operating	1870
privilege or deny the offender the opportunity to be issued a	1871
driver's or commercial driver's license for a period of ninety	1872
days, and the court may order that the suspension or denial remain	1873
in effect until the offender attains the age of twenty-one years.	1874
The court also may order the offender to perform a determinate	1875
number of hours of community service, with the court determining	1876
the actual number of hours and the nature of the community service	1877
the offender shall perform.	1878

(G) Whoever violates section 4301.636 of the Revised Code is	1879
guilty of a felony of the fifth degree.	1880

(H) Whoever violates division (A)(1) of section 4301.22 of	1881
the Revised Code is guilty of a misdemeanor, shall be fined not	1882
less than five hundred and not more than one thousand dollars,	1883
and, in addition to the fine, may be imprisoned for a definite	1884
term of not more than sixty days.	1885

(I) Whoever violates division (A) of section 4301.69 or	1886
division (H) of section 4301.691 of the Revised Code is guilty of	1887
a misdemeanor, shall be fined not less than five hundred and not	1888
more than one thousand dollars, and, in addition to the fine, may	1889
be imprisoned for a definite term of not more than six months.	1890

Sec. 4303.03.  Permit A-2 may be issued to a manufacturer to	1891
manufacture wine from grapes or other fruits grown in the state,	1892
if obtainable, otherwise to import such fruits after submitting an	1893
affidavit of nonavailability to the division of liquor control; to	1894
import and purchase wine in bond for blending purposes, the total	1895
amount of wine so imported during the year covered by the permit	1896
not to exceed forty per cent of all the wine manufactured and	1897
imported; to manufacture, purchase, and import brandy for	1898
fortifying purposes; and to sell suchthose products either in	1899
glass or container for consumption on the premises where	1900
manufactured, for home use, and to retail and wholesale permit	1901
holders under suchthe rules as are adopted by the division.	1902

The fee for this permit is one hundred twenty-six dollars for	1903
each plant producing one hundred wine barrels, of fifty gallons	1904
each, or less annually. This initial fee shall be increased at the	1905
rate of ten cents per such barrel for all wine manufactured in	1906
excess of one hundred barrels during the year covered by theto	1907
which this permit is issued.	1908

Sec. 4303.07.  Permit B-2 may be issued to a wholesale	1909
distributor of wine to purchase from holders of A-2 and B-5	1910
permits and distribute or sell suchthat product, in the original	1911
container in which it was placed by the B-5 permit holder or	1912
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,	1913
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	1914
D-5h, D-5i, D-5j, D-5k, and E permit holders, and for home use.	1915
The fee for this permit is five hundred dollars for each	1916
distributing plant or warehouse. The initial fee shall be	1917
increased ten cents per wine barrel of fifty gallons for all wine	1918
distributed and sold in this state in excess of twelve hundred	1919
fifty such barrels during the year covered by the permit.	1920

Sec. 4303.09.  Permit B-4 may be issued to a wholesale	1921
distributor to purchase from the holders of A-4 permits and to	1922
import, distribute, and sell prepared and bottled highballs,	1923
cocktails, cordials, and other mixed beverages containing not less	1924
than four per cent of alcohol by volume and not more than	1925
twenty-one per cent of alcohol by volume to retail permit holders,	1926
and for home use, under rules adopted by the division of liquor	1927
control. The formula and samples of all suchof those beverages to	1928
be handled by the permit holder shall be submitted to the division	1929
for its analysis and the approval of the division before such	1930
those beverages may be sold and distributed in this state. All	1931
labels and advertising matter used by the holders of this permit	1932
shall be approved by the division before they may be used in this	1933
state. The fee for this permit shall be computed on the basis of	1934
annual sales, and the initial fee is five hundred dollars for each	1935
distributing plant or warehouse. The initial fee shall be	1936
increased at the rate of ten cents per wine barrel of fifty	1937
gallons for all such beverages distributed and sold in this state	1938
in excess of one thousand such barrels during the year covered by	1939
the permit.	1940

Sec. 4303.203.  (A) As used in this section:

1941

(1) "Convention facility" and "nonprofit corporation" have	1942
the same meanings as in section 4303.201 of the Revised Code.	1943

(2) "Hotel" means a hotel described in section 3731.01 of the	1944
Revised Code that has at least fifty rooms for registered	1945
transient guests and that is required to be licensed pursuant to	1946
section 3731.03 of the Revised Code.	1947

(B) An F-3 permit may be issued to an organization whose	1948
primary purpose is to support, promote, and educate members of the	1949
beer, wine, or mixed beverage industries, to allow the	1950
organization to bring beer, wine, or mixed beverages in their	1951
original packages or containers into a convention facility or	1952
hotel for consumption in the facility or hotel, if all of the	1953
following requirements are met:	1954

(1) The superintendent of liquor control is satisfied that	1955
the organization is a nonprofit organization and that the	1956
organization's membership is in excess of two hundred fifty	1957
persons.	1958

(2) The general manager or the equivalent officer of the	1959
convention facility or hotel provides a written consent for the	1960
use of a portion of the facility or hotel by the organization and	1961
a written statement that the facility's or hotel's permit	1962
privileges will be suspended in the portion of the facility or	1963
hotel in which the F-3 permit is in force.	1964

(3) The organization provides a written description that	1965
clearly sets forth the portion of the convention facility or hotel	1966
in which the F-3 permit will be used.	1967

(4) The organization provides a written statement as to its	1968
primary purpose and the purpose of its event at the convention	1969
facility or hotel.	1970

(5) Division (C) of this section does not apply.

1971

(C) No F-3 permit shall be issued to any nonprofit	1972
organization that is created by or for a specific manufacturer,	1973
supplier, distributor, or retailer of beer, wine, or mixed	1974
beverages.	1975

(D) Notwithstanding division (E)(D) of section 4301.22 of the	1976
Revised Code, a holder of an F-3 permit may obtain by donation	1977
beer, wine, or mixed beverages from any manufacturer or producer	1978
of beer, wine, or mixed beverages.	1979

(E) Nothing in this chapter prohibits the holder of an F-3	1980
permit from bringing into the portion of the convention facility	1981
or hotel covered by the permit beer, wine, or mixed beverages	1982
otherwise not approved for sale in this state.	1983

(F) Notwithstanding division (E)(D) of section 4301.22 of the	1984
Revised Code, no holder of an F-3 permit shall make any charge for	1985
any beer, wine, or mixed beverage served by the drink, or in its	1986
original package or container, in connection with the use of the	1987
portion of the convention facility or hotel covered by the permit.	1988

(G) The division of liquor control shall prepare and make	1989
available an F-3 permit application form and may require	1990
applicants for the permit to provide information, in addition to	1991
that required by this section, that is necessary for the	1992
administration of this section.	1993

(H) An F-3 permit shall be effective for a period not to	1994
exceed five consecutive days. The division of liquor control shall	1995
not issue more than three F-3 permits per calendar year to the	1996
same nonprofit organization. The fee for an F-3 permit is three	1997
hundred dollars.	1998

Sec. 4303.204. (A) The division of liquor control may issue	1999
an F-4 permit to an association or corporation organized	2000
not-for-profit in this state to conduct an event that includes the	2001
introduction, showcasing, or promotion of Ohio wines, if the event	2002
has all of the following characteristics:	2003

(1) It is coordinated by that association or corporation, and	2004
the association or corporation is responsible for the activities	2005
at it.	2006

(2) It has as one of its purposes the intent to introduce,	2007
showcase, or promote Ohio wines to persons who attend it.	2008

(3) It includes the sale of food for consumption on the	2009
premises where sold.	2010

(4) It features at least three A-2 permit holders who sell	2011
Ohio wine at it.	2012

(B) The holder of an F-4 permit may furnish, without charge,	2013
wine that it has obtained from the A-2 permit holders that are	2014
participating in the event for which the F-4 permit is issued, in	2015
two-ounce samples for consumption on the premises where furnished	2016
and may sell such wine by the glass for consumption on the	2017
premises where sold. The holder of an A-2 permit that is	2018
participating in the event for which the F-4 permit is issued may	2019
sell wine that it has manufactured, in sealed containers for	2020
consumption off the premises where sold. Wine may be furnished or	2021
sold on the premises of the event for which the F-4 permit is	2022
issued only where and when the sale of wine is otherwise permitted	2023
by law.	2024

(C) The premises of the event for which the F-4 permit is	2025
issued shall be clearly defined and sufficiently restricted to	2026
allow proper enforcement of the permit by state and local law	2027
enforcement officers. If an F-4 permit is issued for all or a	2028
portion of the same premises for which another class of permit is	2029
issued, that permit holder's privileges will be suspended in that	2030
portion of the premises in which the F-4 permit is in effect.	2031

(D) No F-4 permit shall be effective for more than	2032
seventy-two consecutive hours. No sales or furnishing of wine	2033
shall take place under an F-4 permit after one a.m.	2034

(E) The division shall not issue more than six F-4 permits to	2035
the same not-for-profit association or corporation in any one	2036
calendar year.	2037

(F) An applicant for an F-4 permit shall apply for the permit	2038
not later than thirty days prior to the first day of the event for	2039
which the permit is sought. The application for the permit shall	2040
list all of the A-2 permit holders that will participate in the	2041
event for which the F-4 permit is sought. The fee for the F-4	2042
permit is sixty dollars per day.	2043

The division shall prepare and make available an F-4 permit	2044
application form and may require applicants for and holders of the	2045
F-4 permit to provide information that is in addition to that	2046
required by this section and that is necessary for the	2047
administration of this section.	2048

(G)(1) The holder of an F-4 permit is responsible for, and is	2049
subject to penalties for, any violations of this chapter or	2050
Chapter 4301. of the Revised Code or the rules adopted under this	2051
and that chapter.	2052

(2) An F-4 permit holder shall not allow an A-2 permit holder	2053
to participate in the event for which the F-4 permit is issued if	2054
the A-2 or A-1-A permit of that A-2 permit holder is under	2055
suspension.	2056

(3) The division may refuse to issue an F-4 permit to an	2057
applicant who has violated any provision of this chapter or	2058
Chapter 4301. of the Revised Code during the applicant's previous	2059
operation under an F-4 permit, for a period of up to two years	2060
after the date of the violation.	2061

(H)(1) Notwithstanding division (E)(D) of section 4301.22 of	2062
the Revised Code, an A-2 permit holder that participates in an	2063
event for which an F-4 permit is issued may donate wine that it	2064
has manufactured to the holder of that F-4 permit. The holder of	2065
an F-4 permit may return unused and sealed containers of wine to	2066
the A-2 permit holder that donated the wine at the conclusion of	2067
the event for which the F-4 permit was issued.	2068

(2) The participation by an A-2 permit holder or its	2069
employees in an event for which an F-4 permit is issued does not	2070
violate section 4301.24 of the Revised Code.	2071

Sec. 4303.231.  Permit W may be issued to a manufacturer or	2072
supplier of beer or intoxicating liquor to operate a warehouse for	2073
the storage of beer or intoxicating liquor within this state and	2074
to sell those products from the warehouse only to holders of B	2075
permits in this state and to other customers outside this state	2076
under rules promulgatedadopted by the liquor control commission.	2077
Each holder of a B permit with a consent to importsupplier	2078
registration on file with the division of liquor control may	2079
purchase beer or intoxicating liquor if designated by the permit	2080
to make those purchases, from the holder of a W permit. The fee	2081
for a W permit is one thousand five hundred sixty-three dollars	2082
for each warehouse during the year covered by the permit.	2083

Sec. 4303.24.  All initialapplication fees prescribed by	2084
sections 4303.02 to 4303.23 of the Revised Code, shall be remitted	2085
to the division of liquor control when applications are filed. The	2086
pendency, priority, or validity of an application for a permit or	2087
duplicate permit received by the division prior to or after	2088
January 1, 1948 shall not be affected because the division did not	2089
issue the permit applied for or the applicant failed to appeal to	2090
the liquor control commission. If a permit is not issued within	2091
one hundred twenty days from the date of such remittance, such	2092
initial fee shall be returned to the applicant. Such return shall	2093
not affect the priority of the application in the municipal	2094
corporation or unincorporated area of a county exclusive of any	2095
municipal corporation, wherein the proposed permit premises are	2096
located. The	2097

The division, prior to the granting of thea permit or	2098
duplicate permit applied for, shall notify, by certified mail, the	2099
applicant or the applicant's authorized agent; and the. The	2100
applicant or the applicant's authorized agent shall, within thirty	2101
days after the mailing of suchthat notice, redeposit the required	2102
fee, which shall include any fee increases that have occurred	2103
since the initial remission of the fee, withshall pay to the	2104
division the entire amount of the requisite permit fee required by	2105
sections 4303.02 to 4303.231 or, in the case of a duplicate	2106
permit, section 4303.30 of the Revised Code, if the permit or	2107
duplicate permit is issued during the first six months of the year	2108
the permit or duplicate permit covers, or one-half of the amount	2109
of the requisite permit fee, if the permit or duplicate permit is	2110
issued during the last six months of the year the permit or	2111
duplicate permit covers. If suchthe applicant fails to make such	2112
redepositpay the applicable amount of that requisite permit fee	2113
within those thirty days, the division shall cancel the	2114
applicant's application shall be canceled. The procedure	2115
prescribed in this section for return of permit fees shall not	2116
apply to an application for renewal of a permit All.	2117

All other fees shall be paid at suchthe time and in suchthe	2118
manner as is prescribed by the division. The liquor control	2119
commission may promulgateadopt rules requiring reports or returns	2120
for the purpose of determining the amounts of additional permit	2121
fees.	2122

Sec. 4303.25.  No person by himself or herselfpersonally or	2123
by the person's clerk, agent, or employee shall manufacture,	2124
manufacture for sale, offer, keep, or possess for sale, furnish or	2125
sell, or solicit the purchase or sale of any beer or intoxicating	2126
liquor in this state, or transport, or import, or cause to be	2127
transported or imported any beer, intoxicating liquor, or alcohol	2128
in or into this state for delivery, use, or sale, unless suchthe	2129
person has fully complied with Chaptersthis chapter and Chapter	2130
4301. and 4303. of the Revised Code or is the holder of a permit	2131
issued by the division of liquor control and in force at the time.	2132

The superintendent of liquor control may adopt rules	2133
requiring personsa person acting in capacities only as sales	2134
representativesas an agent, solicitor, or salesperson for a	2135
manufacturer, supplier, broker, or wholesale distributor, who	2136
solicitsolicits permit holders authorized to deal in beer and	2137
intoxicating liquorsliquor, to be registered with the division	2138
and may cite for revocation suchthe registrant to the liquor	2139
control commission for a violation of such chaptersthis chapter,	2140
Chapter 4301. of the Revised Code, or of the rules adopted by the	2141
commission or superintendent.	2142

Sec. 4303.27.  Each permit issued under sections 4303.02 to	2143
4303.23 of the Revised Code, shall authorize the person named to	2144
carry on the business specified at the place or in the boat,	2145
vessel, or classes of dining car equipment described, and shall be	2146
issued for one year, or part thereofof one year, commencing on	2147
the day after the uniform expiration dates designated by the	2148
division of liquor control, or for the unexpired portion of such	2149
year, and no longer, subject to suspension, revocation, or	2150
cancellation as authorized or required by Chaptersthis chapter or	2151
Chapter 4301. and 4303. of the Revised Code. Upon application by a	2152
permit holder, the superintendent of liquor control may expand	2153
during specified seasons of the year the premises for which the	2154
permit holder's permit was issued to include a premises	2155
immediately adjacent to the premises for which the permit was	2156
issued, so long as the immediately adjacent premises is under the	2157
permit holder's ownership and control and is located in an area	2158
where sales under the permit are not prohibited because of a local	2159
option election. Whenever the superintendent considers it	2160
advisable to cancel the unexpired portion of an outstanding permit	2161
in order that the permit may be issued on one of the uniform	2162
expiration dates designated by the superintendent, the	2163
superintendent shall refundcredit to the holder a proportionate	2164
amount representing the unexpired portion of the permit year	2165
pursuant to section 4301.41 of the Revised Code. Such permit does	2166
not authorize the person named to carry on the business specified	2167
at any place or in any vehicle, boat, vessel, or class of dining	2168
car equipment other than that named, nor does it authorize any	2169
person other than the one named in such permit to carry on such	2170
that business at the place or in the vehicle, boat, vessel, or	2171
class of dining car equipment named, except pursuant to compliance	2172
with the rules and orders of the division governing the assignment	2173
and transfer of permits, and with the consent of the division. The	2174
holder of a G permit may substitute the name of another licensed	2175
pharmacist for that entered on the permit, subject to rules of the	2176
division.	2177

ChaptersThis chapter and Chapter 4301. and 4303. of the	2178
Revised Code do not prohibit the holder of an A, B, C, or D permit	2179
from making deliveries of beer or intoxicating liquor containing	2180
not more than twenty-one per cent of alcohol by volume, or	2181
prohibit the holder of an A or B permit from selling or	2182
distributing beer or intoxicating liquor to a person at a place	2183
outside this state, or prohibit the holder of any such a permit,	2184
or an H permit, from delivering any beer or intoxicating liquor so	2185
sold from a point in this state to a point outside this state.	2186

Sec. 4303.271.  (A) Except as provided in divisions (B) and	2187
(D) of this section, the holder of a permit issued under sections	2188
4303.02 to 4303.23 of the Revised Code, who files an application	2189
for the renewal of the same class of permit for the same premises,	2190
shall be entitled to the renewal of the permit. The division of	2191
liquor control shall renew the permit unless the division rejects	2192
for good cause any renewal application, subject to the right of	2193
the applicant to appeal the rejection to the liquor control	2194
commission.	2195

(B) The legislative authority of the municipal corporation,	2196
the board of township trustees, or the board of county	2197
commissioners of the county in which a permit premises is located	2198
may object to the renewal of a permit issued under sections	2199
4303.11 to 4303.183 of the Revised Code for any of the reasons	2200
contained in division (A) of section 4303.292 of the Revised Code.	2201
Any objection shall be made no later than thirty days prior to the	2202
expiration of the permit, and the departmentdivision shall accept	2203
the objection if it is postmarked no later than thirty days prior	2204
to the expiration of the permit. The objection shall be made by a	2205
resolution specifying the reasons for objecting to the renewal and	2206
requesting a hearing, but no objection shall be based upon	2207
noncompliance of the permit premises with local zoning regulations	2208
whichthat prohibit the sale of beer or intoxicating liquor in an	2209
area zoned for commercial or industrial uses, for a permit	2210
premises that would otherwise qualify for a proper permit issued	2211
by the division. The resolution shall be accompanied by a	2212
statement by the chief legal officer of the political subdivision	2213
that, in the chief legal officer's opinion, the objection is based	2214
upon substantial legal grounds within the meaning and intent of	2215
division (A) of section 4303.292 of the Revised Code.	2216

Upon receipt of a resolution of a legislative authority or	2217
board objecting to the renewal of a permit and a statement from	2218
the chief legal officer, the division shall set a time for the	2219
hearing and send by certified mail to the permit holder, at the	2220
permit holder's usual place of business, a copy of the resolution	2221
and notice of the hearing. The division shall then hold a hearing	2222
in the central office of the division, except that, upon written	2223
request of the legislative authority or board, the hearing shall	2224
be held in the county seat of the county in which the permit	2225
premises is located, to determine whether the renewal shall be	2226
denied for any of the reasons contained in division (A) of section	2227
4303.292 of the Revised Code. Only the reasons for refusal	2228
contained in division (A) of section 4303.292 of the Revised Code	2229
and specified in the resolution of objection shall be considered	2230
at the hearing.	2231

The permit holder and the objecting legislative authority or	2232
board shall be parties to the proceedings under this section and	2233
shall have the right to be present, to be represented by counsel,	2234
to offer evidence, to require the attendance of witnesses, and to	2235
cross-examine witnesses at the hearing.	2236

(C) An application for renewal of a permit shall be filed	2237
with the division at least fifteen days prior to the expiration of	2238
an existing permit, and the existing permit shall continue in	2239
effect as provided in section 119.06 of the Revised Code until the	2240
application is approved or rejected by the division. Any holder of	2241
a permit, which has expired through failure to be renewed as	2242
provided in this section, shall obtain a renewal of the permit,	2243
upon filing an application for renewal with the division, at any	2244
time within thirty days from the date of the expired permit. A	2245
penalty of ten per cent of the permit fee shall be paid by the	2246
permit holder if the application for renewal is not filed at least	2247
fifteen days prior to the expiration of the permit.	2248

(D)(1) Annually, beginning in 1988, the tax commissioner	2249
shall cause the sales and withholding tax records in the	2250
department of taxation for each holder of a permit issued under	2251
sections 4303.02 to 4303.23 of the Revised Code to be examined to	2252
determine if the permit holder is delinquent in filing any sales	2253
or withholding tax returns or has any outstanding liability for	2254
sales or withholding tax, penalties, or interest imposed pursuant	2255
to Chapter 5739. or sections 5747.06 and 5747.07 of the Revised	2256
Code. If any delinquency or liability exists, the commissioner	2257
shall send a notice of that fact by certified mail, return receipt	2258
requested, to the permit holder at the mailing address shown in	2259
the records of the department. The notice shall specify, in as	2260
much detail as is possible, the periods for which returns have not	2261
been filed and the nature and amount of unpaid assessments and	2262
other liabilities and shall be sent on or before the first day of	2263
the third month preceding the month in which the permit expires.	2264
The commissioner also shall notify the division of liquor control	2265
of the delinquency or liability, identifying the permit holder by	2266
name and permit number.	2267

(2)(a) Except as provided in division (D)(4) of this section,	2268
the division of liquor control shall not renew the permit of any	2269
permit holder the tax commissioner has identified as being	2270
delinquent in filing any sales or withholding tax returns or as	2271
being liable for outstanding sales or withholding tax, penalties,	2272
or interest as of the first day of the sixth month preceding the	2273
month in which the permit expires, or of any permit holder the	2274
commissioner has identified as having been assessed by the	2275
department on or before the first day of the third month preceding	2276
the month in which the permit expires, until the division is	2277
notified by the tax commissioner that the delinquency, liability,	2278
or assessment has been resolved.	2279

(b)(i) Within ninety days after the date on which the permit	2280
expires, any permit holder whose permit is not renewed under this	2281
division may file an appeal with the liquor control commission.	2282
The commission shall notify the tax commissioner regarding the	2283
filing of any such appeal. During the period in which the appeal	2284
is pending, the permit shall not be renewed by the division. The	2285
permit shall be reinstated if the permit holder and the tax	2286
commissioner or the attorney general demonstrate to the liquor	2287
control commission that the commissioner's notification of a	2288
delinquency or assessment was in error or that the issue of the	2289
delinquency or assessment has been resolved.	2290

(ii) A permit holder who has filed an appeal under division	2291
(D)(2)(b)(i) of this section may file a motion to withdraw the	2292
appeal. The division of liquor control may renew a permit holder's	2293
permit if the permit holder has withdrawn such an appeal and the	2294
division receives written certification from the tax commissioner	2295
that the permit holder's delinquency or assessment has been	2296
resolved.	2297

(3) A permit holder notified of delinquency or liability	2298
under this section may protest the notification to the tax	2299
commissioner on the basis that no returns are delinquent and no	2300
tax, penalties, or interest is outstanding. The commissioner shall	2301
expeditiously consider any evidence submitted by the permit holder	2302
and, if it is determined that the notification was in error,	2303
immediately shall inform the division of liquor control that the	2304
renewal application may be granted. The renewal shall not be	2305
denied if the delinquency or unreported liability is the subject	2306
of a bona fide dispute pursuant to section 5717.02, 5717.04,	2307
5739.13, or 5747.13 of the Revised Code.	2308

(4) If the commissioner concludes that under the	2309
circumstances the permit holder's delinquency or liability has	2310
been conditionally resolved, the commissioner shall allow the	2311
permit to be renewed, conditioned upon the permit holder's	2312
continuing performance in satisfying the delinquency and	2313
liability. The conditional nature of the renewal shall be	2314
specified in the notification given to the division of liquor	2315
control under division (D)(1) of this section. Upon receipt of	2316
notice of the resolution, the division shall issue a conditional	2317
renewal. If the taxpayer defaults on any agreement to pay the	2318
delinquency or liability or fails to keep subsequent tax payments	2319
current, the liquor control commission, upon request and proof of	2320
the default or failure to keep subsequent tax payments current,	2321
shall indefinitely suspend the permit holder's permit until all	2322
taxes and interest due are paid.	2323

(5) The commissioner may adopt rules to assist in	2324
administering the duties imposed by this section.	2325

Sec. 4303.292.  (A) The division of liquor control may refuse	2326
to issue, transfer the ownership of, or renew, and shall refuse to	2327
transfer the location of, any retail permit issued under this	2328
chapter if it finds either of the following:	2329

(1) That the applicant, or any partner, member, officer,	2330
director, or manager thereofof the applicant, or, if the	2331
applicant is a corporation or limited liability company, any	2332
shareholder owning tenfive per cent or more of itsthe	2333
applicant's capital stock in the corporation or any member owning	2334
five per cent or more of either the voting interests or membership	2335
interests in the limited liability company:	2336

(a) Has been convicted at any time of a crime whichthat	2337
relates to fitness to operate a liquor establishment;	2338

(b) Has operated liquor permit businesses in a manner that	2339
demonstrates a disregard for the laws, regulations, or local	2340
ordinances of this state or any other state;	2341

(c) Has misrepresented a material fact in applying to the	2342
division for a permit; or	2343

(d) Is in the habit of using alcoholic beverages or dangerous	2344
drugs to excess, or is addicted to the use of narcotics.	2345

(2) That the place for which the permit is sought:

2346

(a) Does not conform to the building, safety, or health	2347
requirements of the governing body of the county or municipality	2348
municipal corporation in which the place is located. As used in	2349
division (A)(2)(a) of this section, "building, safety, or health	2350
requirements" does not include local zoning ordinances. The	2351
validity of local zoning regulations shall not be affected by this	2352
section.	2353

(b) Is so constructed or arranged that law enforcement	2354
officers and duly authorized agents of the division are prevented	2355
from reasonable access to rooms within which beer or intoxicating	2356
liquor is to be sold or consumed.;	2357

(c) Is so located with respect to the neighborhood that	2358
substantial interference with public decency, sobriety, peace, or	2359
good order would result from the issuance, renewal, transfer of	2360
location, or transfer of ownership of the permit and operation	2361
thereunderunder it by the applicant.; or	2362

(d) Has been declared a nuisance pursuant to Chapter 3767. of	2363
the Revised Code since the time of the most recent issuance,	2364
renewal, or transfer of ownership or location of the liquor	2365
permit.	2366

(B) The division of liquor control may refuse to issue or	2367
transfer the ownership of, and shall refuse to transfer the	2368
location of, any retail permit issued under this chapter if it	2369
finds either of the following:	2370

(1) That the place for which the permit is sought is so	2371
situated with respect to any school, church, library, public	2372
playground, or hospital that the operation of the liquor	2373
establishment will substantially and adversely affect or interfere	2374
with the normal, orderly conduct of the affairs of those	2375
facilities or institutions.;	2376

(2) That the number of permits already existent in the	2377
neighborhood is such that the issuance or transfer of location of	2378
a permit would be detrimental to and substantially interfere with	2379
the morals, safety, or welfare of the public, and, in. In reaching	2380
a conclusion in this respect, the division shall consider, in	2381
light of the purposes of this chapter and Chapters 4301., 4303.,	2382
and 4399. of the Revised Code, the character and population of the	2383
neighborhood, the number and location of similar permits in the	2384
neighborhood, the number and location of all other permits in the	2385
neighborhood, and the effect the issuance or transfer of location	2386
of a permit would have on the neighborhood.	2387

(C) The division of liquor control shall not transfer the	2388
location or transfer the ownership and location of a permit under	2389
division (B)(3)(b) of section 4303.29 of the Revised Code unless	2390
the permit is transferred to an economic development project.	2391

(D) The division of liquor control shall refuse to issue,	2392
renew, transfer the ownership of, or transfer the location of a	2393
retail permit under this chapter if the applicant is or has been	2394
convicted of a violation of division (C)(1) of section 2913.46 of	2395
the Revised Code.	2396

(E) The division of liquor control shall refuse to transfer	2397
the ownership of or transfer the location of a retail permit under	2398
this chapter while criminal proceedings are pending against the	2399
holder of the permit for a violation of division (C)(1) of section	2400
2913.46 of the Revised Code. The department of job and family	2401
servicespublic safety shall notify the division of liquor control	2402
whenever criminal proceedings have commenced for a violation of	2403
division (C)(1) of section 2913.46 of the Revised Code.	2404

(F) The division of liquor control shall refuse to issue,	2405
renew, or transfer the ownership or location of a retail permit	2406
under this chapter if the applicant has been found to be	2407
maintaining a nuisance under section 3767.05 of the Revised Code	2408
at the premises for which the issuance, renewal, or transfer of	2409
ownership or location of the retail permit is sought.	2410

Sec. 4303.293.  (A) Any person making application concerning	2411
a permit to conduct a business for which a permit is required	2412
under this chapter shall list on the application the name and	2413
address of each person having a legal or beneficial interest in	2414
the ownership of the business, including contracts for purchase on	2415
an installment basis. If any person is a corporation or limited	2416
liability company, the applicant shall list the names of each	2417
officer of the corporation and; the names of each officer of the	2418
limited liability company, if the limited liability company has	2419
officers, and the names of the managing members of the company or	2420
the managers of the company, if the management of the company is	2421
not reserved to its members; the names of each person owning or	2422
controlling tenfive per cent or more of the capital stock of the	2423
corporation; ifand the names of each person owning or controlling	2424
five per cent or more of either the voting interests or membership	2425
interests in the limited liability company. If any person is a	2426
partnership or association, the applicant shall list the names of	2427
each partner or member of the association. Any person having a	2428
legal or beneficial interest in the ownership of the business,	2429
other than a bank as defined in section 1101.01 of the Revised	2430
Code or a building and loan association as defined in section	2431
1151.01 of the Revised Code, shall notify the division of liquor	2432
control of the interest in such ownership, including contracts for	2433
purchase on an installment basis, occurring after the application	2434
for, or the issuance of, the permit. SuchThe notification shall	2435
be given within fifteen days of the change. Whenever the person to	2436
whom a permit has been issued is a corporation or limited	2437
liability company and any transfer of that corporation's stock or	2438
that limited liability company's membership interests is proposed	2439
such that, following the transfer, the owner of the majority or	2440
plurality of shares of stock in the corporation would change or	2441
the owner of the majority or plurality of the limited liability	2442
company's membership interests would change, suchthe proposed	2443
transfer of stock or membership interests shall be considered a	2444
proposed transfer of ownership of the permit, and application	2445
shall be made to the division of liquor control for a transfer of	2446
ownership. The application shall be subject to the notice and	2447
hearing requirements of section 4303.26 of the Revised Code and to	2448
the restrictions imposed by section 4303.29 and division (A)(1) of	2449
section 4303.292 of the Revised Code.	2450

(B) Whoever violates this section is guilty of a misdemeanor	2451
of the first degree.	2452

Sec. 4303.30.  The rights granted by any D-2, D-3, D-3a, D-4,	2453
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	2454
or D-6 permit shall be exercised at not more than two fixed	2455
counters, commonly known as bars, in rooms or places on the permit	2456
premises, where beer, mixed beverages, wine, or spirituous liquor	2457
is sold to the public for consumption on the premises. For each	2458
additional fixed counter on the permit premises where those	2459
beverages are sold for consumption on the premises, the permit	2460
holder shall obtain a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	2461
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-6	2462
permit.	2463

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	2464
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-6 permit shall be	2465
granted, upon application to the division of liquor control, a	2466
duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f,	2467
D-5g, D-5h, D-5i, D-5j, D-5k, or D-6 permit for each additional	2468
fixed counter on the permit premises at which beer, mixed	2469
beverages, wine, or spirituous liquor is sold for consumption on	2470
the premises, provided the application is made in the same manner	2471
as an application for an original permit. The application shall be	2472
identified with DUPLICATE printed on the permit application form	2473
furnished by the department, in boldface type. The application	2474
shall identify by name, or otherwise amply describe, the room or	2475
place on the premises where the duplicate permit is to be	2476
operative. Each duplicate permit shall be issued only to the same	2477
individual, firm, or corporation as that of the original permit	2478
and shall be an exact duplicate in size and word content as the	2479
original permit, except that it shall show on it the name or other	2480
ample identification of the room, or place, for which it is issued	2481
and shall have DUPLICATE printed on it in boldface type. A	2482
duplicate permit shall bear the same number as the original	2483
permit. The fee for a duplicate permit is: D-1, one hundred	2484
dollars; D-2, one hundred dollars; D-3, four hundred dollars;	2485
D-3a, four hundred dollars; D-4, two hundred dollars; D-5, one	2486
thousand dollars; D-5a, one thousand dollars; D-5b, one thousand	2487
dollars; D-5c, four hundred dollars; D-5e, six hundred fifty	2488
dollars; D-5f, one thousand dollars; D-6, one hundred dollars when	2489
issued to the holder of a D-4a permit; and in all other cases one	2490
hundred dollars or an amount which is twenty per cent of the fees	2491
payable for the A-1-A, D-2, D-3, D-3a, D-4, D-5, D-5a, D-5b, D-5e,	2492
D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, and D-6 permits issued to the	2493
same premises, whichever is higher. Application for a duplicate	2494
permit may be filed any time during the life of an original	2495
permit. The fee for each duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	2496
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-6	2497
permit shall accompany the application for each such duplicate	2498
permitbe paid in accordance with section 4303.24 of the Revised	2499
Code.	2500

Sec. 4399.02.  The owner of a building or premises, and the	2501
person renting or leasing them who know, if the owner or person	2502
knows that intoxicating liquors are to be sold thereinin the	2503
building or premises in violation of law, or, having leased them	2504
for other purposes, who knowingly permit intoxicating liquors to	2505
be sold therein which cause the intoxication, in whole or in part,	2506
of a person described in section 4399.01 of the Revised Code,	2507
shall be liableis severally or jointly liable with the person	2508
selling or giving suchthe intoxicating liquors for all damages	2509
sustained, as well as exemplary damages.	2510

Sec. 4399.04.  Fines, costs, and damages assessed against a	2511
person in consequence of the sale of intoxicating liquors, as	2512
provided in sections 4399.014399.02 to 4399.08 of the Revised	2513
Code, and the penal statutes relating theretoto the sale, shall	2514
be a lien upon the real estate of the person. The real estate and	2515
personal property of the person shall be liable to execution for	2516
the fines, costs, and damages without exception or exemption,	2517
except suchfor personal property asthat is exempt by law.	2518

Sec. 4399.07.  All damages recovered by a minor under	2519
sections 4399.014399.02 to 4399.08, inclusive, of the Revised	2520
Code, shall be paid either to suchthe minor, or to histhe	2521
minor's parent, guardian, or next friend, as the court directs.	2522

Sec. 4399.08.  A suit for damages under sections 4399.01	2523
4399.02 to 4399.08, inclusive, of the Revised Code, shall be by a	2524
civil action in any court having jurisdiction thereofover the	2525
action.	2526

Sec. 4399.18.  Notwithstanding division (A) of section	2527
2307.60 of the Revised Code and except as otherwise provided in	2528
this section and in section 4399.01 of the Revised Code, no	2529
person, and no executor or administrator of the person, who	2530
suffers personal injury, death, or property damage as a result of	2531
the actions of an intoxicated person has a cause of action against	2532
any liquor permit holder or an employee of a liquor permit holder	2533
who sold beer or intoxicating liquor to the intoxicated person	2534
unless the personal injury, death, or property damage occurred on	2535
the permit holder's premises or in a parking lot under the control	2536
of the permit holder and was proximately caused by the negligence	2537
of the permit holder or an employee of the permit holder. A person	2538
has a cause of action against a permit holder or an employee of a	2539
permit holder for personal injury, death, or property damage	2540
caused by the negligent actions of an intoxicated person occurring	2541
off the premises or away from a parking lot under the permit	2542
holder's control only when both of the following can be shown by a	2543
preponderance of the evidence:	2544

(A) The permit holder or an employee of the permit holder	2545
knowingly sold an intoxicating beverage to at least one of the	2546
following:	2547

(1) A noticeably intoxicated person in violation of division	2548
(B) of section 4301.22 of the Revised Code;	2549

(2) A person in violation of division (C) of section 4301.22	2550
of the Revised Code;	2551

(3) A person in violation of section 4301.69 of the Revised	2552
Code.	2553

(B) The person's intoxication proximately caused the personal	2554
injury, death, or property damage.	2555

Notwithstanding sections 4399.02 and 4399.05 of the Revised	2556
Code, no person, and no executor or administrator of the person,	2557
who suffers personal injury, death, or property damage as a result	2558
of the actions of an intoxicated person has a cause of action	2559
against the owner of a building or premises who rents or leases	2560
the building or premises to a liquor permit holder against whom a	2561
cause of action may be brought under this section, except when the	2562
owner and the permit holder are the same person.	2563

Section 2. That existing sections 109.572, 307.697, 351.26,	2564
924.51, 1333.83, 2933.41, 4301.07, 4301.10, 4301.19, 4301.20,	2565
4301.22, 4301.24, 4301.29, 4301.30, 4301.39, 4301.41, 4301.424,	2566
4301.99, 4303.03, 4303.07, 4303.09, 4303.203, 4303.204, 4303.231,	2567
4303.24, 4303.25, 4303.27, 4303.271, 4303.292, 4303.293, 4303.30,	2568
4399.02, 4399.04, 4399.07, 4399.08, and 4399.18 and section	2569
Sec. 4399.01.  of the Revised Code are hereby repealed.	2570

Section 3. That the version of section 4301.99 of the Revised	2571
Code that is scheduled to take effect January 1, 2004, be amended	2572
to read as follows:	2573

Sec. 4301.99.  (A) Whoever violates section 4301.47, 4301.48,	2574
4301.49, 4301.62, or 4301.70 or division (B) of section 4301.691	2575
of the Revised Code is guilty of a minor misdemeanor.	2576

(B) Whoever violates section 4301.15, division (A)(2) or (D)	2577
(C) of section 4301.22, division (C), (D), (E), (F), (G), (H), or	2578
(I) of section 4301.631, or section 4301.64 or 4301.67 of the	2579
Revised Code is guilty of a misdemeanor of the fourth degree.	2580

If an offender who violates section 4301.64 of the Revised	2581
Code was under the age of eighteen years at the time of the	2582
offense, the court, in addition to any other penalties it imposes	2583
upon the offender, shall suspend the offender's temporary	2584
instruction permit, probationary driver's license, or driver's	2585
license for a period of not less than six months and not more than	2586
one year. If the offender is fifteen years and six months of age	2587
or older and has not been issued a temporary instruction permit or	2588
probationary driver's license, the offender shall not be eligible	2589
to be issued such a license or permit for a period of six months.	2590
If the offender has not attained the age of fifteen years and six	2591
months, the offender shall not be eligible to be issued a	2592
temporary instruction permit until the offender attains the age of	2593
sixteen years.	2594

(C) Whoever violates division (D) of section 4301.21, or	2595
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66,	2596
4301.68, or 4301.74, division (B), (C), (D), (E)(1), or (F) of	2597
section 4301.69 of the Revised Code, or division (C), (D), (E),	2598
(F), (G), or (I) of section 4301.691 of the Revised Code is guilty	2599
of a misdemeanor of the first degree.	2600

If an offender who violates division (E)(1) of section	2601
4301.69 of the Revised Code was under the age of eighteen years at	2602
the time of the offense and the offense occurred while the	2603
offender was the operator of or a passenger in a motor vehicle,	2604
the court, in addition to any other penalties it imposes upon the	2605
offender, shall suspend the offender's temporary instruction	2606
permit or probationary driver's license for a period of not less	2607
than six months and not more than one year. If the offender is	2608
fifteen years and six months of age or older and has not been	2609
issued a temporary instruction permit or probationary driver's	2610
license, the offender shall not be eligible to be issued such a	2611
license or permit for a period of six months. If the offender has	2612
not attained the age of fifteen years and six months, the offender	2613
shall not be eligible to be issued a temporary instruction permit	2614
until the offender attains the age of sixteen years.	2615

(D) Whoever violates division (B) of section 4301.14, or	2616
division (A)(1) or (3),or (B), or (C) of section 4301.22 of the	2617
Revised Code is guilty of a misdemeanor of the third degree.	2618

(E) Whoever violates section 4301.63 or division (B) of	2619
section 4301.631 of the Revised Code shall be fined not less than	2620
twenty-five nor more than one hundred dollars. The court imposing	2621
a fine for a violation of section 4301.63 or division (B) of	2622
section 4301.631 of the Revised Code may order that the fine be	2623
paid by the performance of public work at a reasonable hourly rate	2624
established by the court. The court shall designate the time	2625
within which the public work shall be completed.	2626

(F)(1) Whoever violates section 4301.634 of the Revised Code	2627
is guilty of a misdemeanor of the first degree. If, in committing	2628
a first violation of that section, the offender presented to the	2629
permit holder or the permit holder's employee or agent a false,	2630
fictitious, or altered identification card, a false or fictitious	2631
driver's license purportedly issued by any state, or a driver's	2632
license issued by any state that has been altered, the offender is	2633
guilty of a misdemeanor of the first degree and shall be fined not	2634
less than two hundred fifty and not more than one thousand	2635
dollars, and may be sentenced to a term of imprisonment of not	2636
more than six months.	2637

(2) On a second violation in which, for the second time, the	2638
offender presented to the permit holder or the permit holder's	2639
employee or agent a false, fictitious, or altered identification	2640
card, a false or fictitious driver's license purportedly issued by	2641
any state, or a driver's license issued by any state that has been	2642
altered, the offender is guilty of a misdemeanor of the first	2643
degree and shall be fined not less than five hundred nor more than	2644
one thousand dollars, and may be sentenced to a term of	2645
imprisonment of not more than six months. The court also may	2646
impose a class seven suspension of the offender's driver's or	2647
commercial driver's license or permit or nonresident operating	2648
privilege from the range specified in division (A)(7) of section	2649
4510.02 of the Revised Code.	2650

(3) On a third or subsequent violation in which, for the	2651
third or subsequent time, the offender presented to the permit	2652
holder or the permit holder's employee or agent a false,	2653
fictitious, or altered identification card, a false or fictitious	2654
driver's license purportedly issued by any state, or a driver's	2655
license issued by any state that has been altered, the offender is	2656
guilty of a misdemeanor of the first degree and shall be fined not	2657
less than five hundred nor more than one thousand dollars, and may	2658
be sentenced to a term of imprisonment of not more than six	2659
months. The court also shall impose a class six suspension of the	2660
offender's driver's or commercial driver's license or permit or	2661
nonresident operating privilege from the range specified in	2662
division (A)(6) of section 4510.02 of the Revised Code, and the	2663
court may order that the suspension or denial remain in effect	2664
until the offender attains the age of twenty-one years. The court	2665
also may order the offender to perform a determinate number of	2666
hours of community service, with the court determining the actual	2667
number of hours and the nature of the community service the	2668
offender shall perform.	2669

(G) Whoever violates section 4301.636 of the Revised Code is	2670
guilty of a felony of the fifth degree.	2671

(H) Whoever violates division (A)(1) of section 4301.22 of	2672
the Revised Code is guilty of a misdemeanor, shall be fined not	2673
less than five hundred and not more than one thousand dollars,	2674
and, in addition to the fine, may be imprisoned for a definite	2675
term of not more than sixty days.	2676

(I) Whoever violates division (A) of section 4301.69 or	2677
division (H) of section 4301.691 of the Revised Code is guilty of	2678
a misdemeanor, shall be fined not less than five hundred and not	2679
more than one thousand dollars, and, in addition to the fine, may	2680
be imprisoned for a definite term of not more than six months.	2681

Section 4. That the existing version of section 4301.99 of	2682
the Revised Code that is scheduled to take effect January 1, 2004,	2683
is hereby repealed.	2684

Section 5. Sections 3 and 4 of this act take effect January	2685
1, 2004.	2686

Section 6.  Section 307.697 of the Revised Code is presented	2687
in this act as a composite of the section as amended by Am. Sub.	2688
H.B. 239, Am. Sub. S.B. 162, and Am. Sub. S.B. 188 of the 121st	2689
General Assembly. Section 4301.20 of the Revised Code is presented	2690
in this act as a composite of the section as amended by both Am.	2691
Sub. S.B. 149 and Am. Sub. S.B. 162 of the 121st General Assembly.	2692
Sections 4303.24 and 4303.293 of the Revised Code are presented in	2693
this act as composites of the sections as amended by both Am. Sub.	2694
S.B. 149 and Am. Sub. S.B. 162 of the 121st General Assembly. The	2695
General Assembly, applying the principle stated in division (B) of	2696
section 1.52 of the Revised Code that amendments are to be	2697
harmonized if reasonably capable of simultaneous operation, finds	2698
that the composite versions of these sections are the resulting	2699
versions of the sections in effect prior to the effective date of	2700
the sections as presented in this act.	2701

Section 7.  Section 4301.99 of the Revised Code is presented	2702
in Section 3 of this act as a composite of the section as amended	2703
by both Am. Sub. H.B. 17 and Am. Sub. S.B. 123 of the 124th	2704
General Assembly. The General Assembly, applying the principle	2705
stated in division (B) of section 1.52 of the Revised Code that	2706
amendments are to be harmonized if reasonably capable of	2707
simultaneous operation, finds that the composite is the resulting	2708
version of the section in effect prior to the effective date of	2709
the section as presented in Section 3 of this act.	2710