REPRESENTATIVES Wolpert, Aslanides, Barrett, Carmichael, Collier, DeBose, C. Evans, Flowers, Key, Martin, T. Patton, Price, S. Smith, D. Stewart, Woodard, Yates

To amend sections 109.572, 121.08, 307.697, 351.26,

1

924.51, 1333.83, 2933.41, 4301.07, 4301.10,

2

4301.19, 4301.20, 4301.22, 4301.24, 4301.29,

3

4301.30, 4301.39, 4301.41, 4301.424, 4301.99,

4

4303.03, 4303.07, 4303.09, 4303.181, 4303.203,

5

4303.204, 4303.231, 4303.24, 4303.25, 4303.27,

6

4303.271, 4303.292, 4303.293, 4303.30, 4399.02,

7

4399.04, 4399.07, 4399.08, and 4399.18, to enact

8

section 4301.77, and to repeal section 4399.01 of

9

the Revised Code to eliminate the authority of the

10

Division of Liquor Control to order liquor permit

11

holders to stop selling intoxicating liquor to

12

certain persons; to authorize the Division to

13

share social security numbers with other state or

14

local law enforcement agencies for specific

15

purposes; to authorize the Department of Commerce

16

or, if acting with authorization on the

17

Department's behalf, the Division to seek BCII or

18

FBI criminal records checks for certain

19

individuals associated with the issuance or

20

transfer of permits, licenses, or certifications;

21

to modify provisions relating to the annual permit

22

fees for A-2, B-2, and B-4 permit holders; to

23

change the name of the out-of-state supplier

24

"consent to import"; to change the registration

25

fee for agents, solicitors, and sales persons of

26

beer or intoxicating liquor manufacturers,

27

suppliers, brokers, or wholesale distributors to a

28

biennial fee; to revise the deadline for paying a

29

permit fee when a person applies for a liquor

30

permit; to change provisions that require the

31

disclosure of shareholders of or holders of

32

membership interests in a corporation or limited

33

liability company applying for a liquor permit; to

34

correct references to the "Department of Liquor

35

Control" and "Director of Liquor Control;" to

36

change the manner in which beer, intoxicating

37

liquor, and alcohol seized by a law enforcement

38

agency is disposed of; to revise when duplicate

39

permit fees are paid; to change the qualifications

40

for issuance of the D-5a and D-5i permits; and to

41

revise other provisions of the Liquor Control Law.

42

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

Section 1. That sections 109.572, 121.08, 307.697, 351.26,	43
924.51, 1333.83, 2933.41, 4301.07, 4301.10, 4301.19, 4301.20,	44
4301.22, 4301.24, 4301.29, 4301.30, 4301.39, 4301.41, 4301.424,	45
4301.99, 4303.03, 4303.07, 4303.09, 4303.181, 4303.203, 4303.204,	46
4303.231, 4303.24, 4303.25, 4303.27, 4303.271, 4303.292, 4303.293,	47
4303.30, 4399.02, 4399.04, 4399.07, 4399.08, and 4399.18 be	48
amended and section 4301.77 of the Revised Code be enacted to read	49
as follows:	50

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	51
section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012,	52
5104.013, or 5153.111 of the Revised Code, a completed form	53
prescribed pursuant to division (C)(1) of this section, and a set	54
of fingerprint impressions obtained in the manner described in	55
division (C)(2) of this section, the superintendent of the bureau	56
of criminal identification and investigation shall conduct a	57
criminal records check in the manner described in division (B) of	58
this section to determine whether any information exists that	59
indicates that the person who is the subject of the request	60
previously has been convicted of or pleaded guilty to any of the	61
following:	62

(a) A violation of section 2903.01, 2903.02, 2903.03,	63
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	64
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	65
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	66
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	67
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	68
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	69
2925.06, or 3716.11 of the Revised Code, felonious sexual	70
penetration in violation of former section 2907.12 of the Revised	71
Code, a violation of section 2905.04 of the Revised Code as it	72
existed prior to July 1, 1996, a violation of section 2919.23 of	73
the Revised Code that would have been a violation of section	74
2905.04 of the Revised Code as it existed prior to July 1, 1996,	75
had the violation been committed prior to that date, or a	76
violation of section 2925.11 of the Revised Code that is not a	77
minor drug possession offense;	78

(b) A violation of an existing or former law of this state,	79
any other state, or the United States that is substantially	80
equivalent to any of the offenses listed in division (A)(1)(a) of	81
this section.	82

(2) On receipt of a request pursuant to section 5123.081 of	83
the Revised Code with respect to an applicant for employment in	84
any position with the department of mental retardation and	85
developmental disabilities, pursuant to section 5126.28 of the	86
Revised Code with respect to an applicant for employment in any	87
position with a county board of mental retardation and	88
developmental disabilities, or pursuant to section 5126.281 of the	89
Revised Code with respect to an applicant for employment in a	90
direct services position with an entity contracting with a county	91
board for employment, a completed form prescribed pursuant to	92
division (C)(1) of this section, and a set of fingerprint	93
impressions obtained in the manner described in division (C)(2) of	94
this section, the superintendent of the bureau of criminal	95
identification and investigation shall conduct a criminal records	96
check. The superintendent shall conduct the criminal records check	97
in the manner described in division (B) of this section to	98
determine whether any information exists that indicates that the	99
person who is the subject of the request has been convicted of or	100
pleaded guilty to any of the following:	101

(a) A violation of section 2903.01, 2903.02, 2903.03,	102
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	103
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	104
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	105
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	106
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	107
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	108
3716.11 of the Revised Code;	109

(b) An existing or former municipal ordinance or law of this	110
state, any other state, or the United States that is substantially	111
equivalent to any of the offenses listed in division (A)(2)(a) of	112
this section.	113

(3) On receipt of a request pursuant to section 173.41,	114
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	115
form prescribed pursuant to division (C)(1) of this section, and a	116
set of fingerprint impressions obtained in the manner described in	117
division (C)(2) of this section, the superintendent of the bureau	118
of criminal identification and investigation shall conduct a	119
criminal records check with respect to any person who has applied	120
for employment in a position that involves providing direct care	121
to an older adult. The superintendent shall conduct the criminal	122
records check in the manner described in division (B) of this	123
section to determine whether any information exists that indicates	124
that the person who is the subject of the request previously has	125
been convicted of or pleaded guilty to any of the following:	126

(a) A violation of section 2903.01, 2903.02, 2903.03,	127
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	128
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	129
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	130
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	131
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	132
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	133
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	134
2925.22, 2925.23, or 3716.11 of the Revised Code;	135

(b) An existing or former law of this state, any other state,	136
or the United States that is substantially equivalent to any of	137
the offenses listed in division (A)(3)(a) of this section.	138

(4) On receipt of a request pursuant to section 3701.881 of	139
the Revised Code with respect to an applicant for employment with	140
a home health agency as a person responsible for the care,	141
custody, or control of a child, a completed form prescribed	142
pursuant to division (C)(1) of this section, and a set of	143
fingerprint impressions obtained in the manner described in	144
division (C)(2) of this section, the superintendent of the bureau	145
of criminal identification and investigation shall conduct a	146
criminal records check. The superintendent shall conduct the	147
criminal records check in the manner described in division (B) of	148
this section to determine whether any information exists that	149
indicates that the person who is the subject of the request	150
previously has been convicted of or pleaded guilty to any of the	151
following:	152

(a) A violation of section 2903.01, 2903.02, 2903.03,	153
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	154
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	155
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	156
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	157
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	158
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	159
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	160
violation of section 2925.11 of the Revised Code that is not a	161
minor drug possession offense;	162

(b) An existing or former law of this state, any other state,	163
or the United States that is substantially equivalent to any of	164
the offenses listed in division (A)(4)(a) of this section.	165

(5) On receipt of a request pursuant to section 5111.95 or	166
5111.96 of the Revised Code with respect to an applicant for	167
employment with a waiver agency participating in a department of	168
job and family services administered home and community-based	169
waiver program or an independent provider participating in a	170
department administered home and community-based waiver program in	171
a position that involves providing home and community-based waiver	172
services to consumers with disabilities, a completed form	173
prescribed pursuant to division (C)(1) of this section, and a set	174
of fingerprint impressions obtained in the manner described in	175
division (C)(2) of this section, the superintendent of the bureau	176
of criminal identification and investigation shall conduct a	177
criminal records check. The superintendent shall conduct the	178
criminal records check in the manner described in division (B) of	179
this section to determine whether any information exists that	180
indicates that the person who is the subject of the request	181
previously has been convicted of or pleaded guilty to any of the	182
following:	183

(a) A violation of section 2903.01, 2903.02, 2903.03,	184
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	185
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	186
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	187
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	188
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	189
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	190
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	191
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	192
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	193
Revised Code, felonious sexual penetration in violation of former	194
section 2907.12 of the Revised Code, a violation of section	195
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	196
violation of section 2919.23 of the Revised Code that would have	197
been a violation of section 2905.04 of the Revised Code as it	198
existed prior to July 1, 1996, had the violation been committed	199
prior to that date;	200

(b) An existing or former law of this state, any other state,	201
or the United States that is substantially equivalent to any of	202
the offenses listed in division (A)(5)(a) of this section.	203

(6) On receipt of a request pursuant to section 3701.881 of	204
the Revised Code with respect to an applicant for employment with	205
a home health agency in a position that involves providing direct	206
care to an older adult, a completed form prescribed pursuant to	207
division (C)(1) of this section, and a set of fingerprint	208
impressions obtained in the manner described in division (C)(2) of	209
this section, the superintendent of the bureau of criminal	210
identification and investigation shall conduct a criminal records	211
check. The superintendent shall conduct the criminal records check	212
in the manner described in division (B) of this section to	213
determine whether any information exists that indicates that the	214
person who is the subject of the request previously has been	215
convicted of or pleaded guilty to any of the following:	216

(a) A violation of section 2903.01, 2903.02, 2903.03,	217
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	218
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	219
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	220
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	221
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	222
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	223
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	224
2925.22, 2925.23, or 3716.11 of the Revised Code;	225

(b) An existing or former law of this state, any other state,	226
or the United States that is substantially equivalent to any of	227
the offenses listed in division (A)(6)(a) of this section.	228

(7) When conducting a criminal records check upon a request	229
pursuant to section 3319.39 of the Revised Code for an applicant	230
who is a teacher, in addition to the determination made under	231
division (A)(1) of this section, the superintendent shall	232
determine whether any information exists that indicates that the	233
person who is the subject of the request previously has been	234
convicted of or pleaded guilty to any offense specified in section	235
3319.31 of the Revised Code.	236

(8) When conducting a criminal records check on a request	237
pursuant to section 2151.86 of the Revised Code for a person who	238
is a prospective foster caregiver or who is eighteen years old or	239
older and resides in the home of a prospective foster caregiver,	240
the superintendent, in addition to the determination made under	241
division (A)(1) of this section, shall determine whether any	242
information exists that indicates that the person has been	243
convicted of or pleaded guilty to a violation of any of the	244
following:	245

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

246

(b) An existing or former law of this state, any other state,	247
or the United States that is substantially equivalent to section	248
2909.02 or 2909.03 of the Revised Code.	249

(9) Not later than thirty days after the date the	250
superintendent receives the request, completed form, and	251
fingerprint impressions, the superintendent shall send the person,	252
board, or entity that made the request any information, other than	253
information the dissemination of which is prohibited by federal	254
law, the superintendent determines exists with respect to the	255
person who is the subject of the request that indicates that the	256
person previously has been convicted of or pleaded guilty to any	257
offense listed or described in division (A)(1), (2), (3), (4),	258
(5), (6), (7), or (8) of this section, as appropriate. The	259
superintendent shall send the person, board, or entity that made	260
the request a copy of the list of offenses specified in division	261
(A)(1), (2), (3), (4), (5), (6), (7), or (8) of this section, as	262
appropriate. If the request was made under section 3701.881 of the	263
Revised Code with regard to an applicant who may be both	264
responsible for the care, custody, or control of a child and	265
involved in providing direct care to an older adult, the	266
superintendent shall provide a list of the offenses specified in	267
divisions (A)(4) and (6) of this section.	268

(B) The superintendent shall conduct any criminal records	269
check requested under section 121.08, 173.41, 2151.86, 3301.32,	270
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	271
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	272
or 5153.111 of the Revised Code as follows:	273

(1) The superintendent shall review or cause to be reviewed	274
any relevant information gathered and compiled by the bureau under	275
division (A) of section 109.57 of the Revised Code that relates to	276
the person who is the subject of the request, including any	277
relevant information contained in records that have been sealed	278
under section 2953.32 of the Revised Code;	279

(2) If the request received by the superintendent asks for	280
information from the federal bureau of investigation, the	281
superintendent shall request from the federal bureau of	282
investigation any information it has with respect to the person	283
who is the subject of the request and shall review or cause to be	284
reviewed any information the superintendent receives from that	285
bureau.	286

(3) The superintendent or the superintendent's designee may	287
request criminal history records from other states of the federal	288
government pursuant to the national crime prevention and privacy	289
compact set forth in section 109.571 of the Revised Code.	290

(C)(1) The superintendent shall prescribe a form to obtain	291
the information necessary to conduct a criminal records check from	292
any person for whom a criminal records check is required by	293
section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39,	294
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,	295
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the	296
Revised Code. The form that the superintendent prescribes pursuant	297
to this division may be in a tangible format, in an electronic	298
format, or in both tangible and electronic formats.	299

(2) The superintendent shall prescribe standard impression	300
sheets to obtain the fingerprint impressions of any person for	301
whom a criminal records check is required by section 121.08,	302
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	303
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	304
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any	305
person for whom a records check is required by any of those	306
sections shall obtain the fingerprint impressions at a county	307
sheriff's office, municipal police department, or any other entity	308
with the ability to make fingerprint impressions on the standard	309
impression sheets prescribed by the superintendent. The office,	310
department, or entity may charge the person a reasonable fee for	311
making the impressions. The standard impression sheets the	312
superintendent prescribes pursuant to this division may be in a	313
tangible format, in an electronic format, or in both tangible and	314
electronic formats.	315

(3) Subject to division (D) of this section, the	316
superintendent shall prescribe and charge a reasonable fee for	317
providing a criminal records check requested under section 121.08,	318
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	319
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	320
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	321
person making a criminal records request under section 121.08,	322
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	323
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	324
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall	325
pay the fee prescribed pursuant to this division. A person making	326
a request under section 3701.881 of the Revised Code for a	327
criminal records check for an applicant who may be both	328
responsible for the care, custody, or control of a child and	329
involved in providing direct care to an older adult shall pay one	330
fee for the request.	331

(4) The superintendent of the bureau of criminal	332
identification and investigation may prescribe methods of	333
forwarding fingerprint impressions and information necessary to	334
conduct a criminal records check, which methods shall include, but	335
not be limited to, an electronic method.	336

(D) A determination whether any information exists that	337
indicates that a person previously has been convicted of or	338
pleaded guilty to any offense listed or described in division	339
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	340
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or	341
(b) of this section that is made by the superintendent with	342
respect to information considered in a criminal records check in	343
accordance with this section is valid for the person who is the	344
subject of the criminal records check for a period of one year	345
from the date upon which the superintendent makes the	346
determination. During the period in which the determination in	347
regard to a person is valid, if another request under this section	348
is made for a criminal records check for that person, the	349
superintendent shall provide the information that is the basis for	350
the superintendent's initial determination at a lower fee than the	351
fee prescribed for the initial criminal records check.	352

(E) As used in this section:

353

(1) "Criminal records check" means any criminal records check	354
conducted by the superintendent of the bureau of criminal	355
identification and investigation in accordance with division (B)	356
of this section.	357

(2) "Home and community-based waiver services" and "waiver	358
agency" have the same meanings as in section 5111.95 of the	359
Revised Code.	360

(3) "Independent provider" has the same meaning as in section	361
5111.96 of the Revised Code.	362

(4) "Minor drug possession offense" has the same meaning as	363
in section 2925.01 of the Revised Code.	364

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

365

Sec. 121.08.  (A) There is hereby created in the department	366
of commerce the position of deputy director of administration.	367
This officer shall be appointed by the director of commerce, serve	368
under the director's direction, supervision, and control, perform	369
suchthe duties as the director prescribes, and hold office during	370
the director's pleasure. The director of commerce may designate an	371
assistant director of commerce to serve as the deputy director of	372
administration. The deputy director of administration shall	373
perform suchthe duties as are prescribed by the director of	374
commerce in supervising the activities of the division of	375
administration of the department of commerce.	376

(B) Except as provided in section 121.07 of the Revised Code,	377
the department of commerce shall have all powers and perform all	378
duties vested in the deputy director of administration, the state	379
fire marshal, the superintendent of financial institutions, the	380
superintendent of real estate and professional licensing, the	381
superintendent of liquor control, the superintendent of the	382
division of industrial compliance, the superintendent of labor and	383
worker safety, and the commissioner of securities, and shall have	384
all powers and perform all duties vested by law in all officers,	385
deputies, and employees of suchthose offices. Except as provided	386
in section 121.07 of the Revised Code, wherever powers are	387
conferred or duties imposed upon any of suchthose officers, such	388
the powers and duties shall be construed as vested in the	389
department of commerce.	390

(C)(1) There is hereby created in the department of commerce	391
a division of financial institutions, which shall have all powers	392
and perform all duties vested by law in the superintendent of	393
financial institutions. Wherever powers are conferred or duties	394
imposed upon the superintendent of financial institutions, such	395
those powers and duties shall be construed as vested in the	396
division of financial institutions. The division of financial	397
institutions shall be administered by a superintendent of	398
financial institutions.	399

(2) All provisions of law governing the superintendent of	400
financial institutions shall apply to and govern the	401
superintendent of financial institutions provided for in this	402
section; all authority vested by law in the superintendent of	403
financial institutions with respect to the management of the	404
division of financial institutions shall be construed as vested in	405
the superintendent of financial institutions created by this	406
section with respect to the division of financial institutions	407
provided for in this section; and all rights, privileges, and	408
emoluments conferred by law upon the superintendent of financial	409
institutions shall be construed as conferred upon the	410
superintendent of financial institutions as head of the division	411
of financial institutions. The director of commerce shall not	412
transfer from the division of financial institutions any of the	413
functions specified in division (C)(2) of this section.	414

(D) Beginning on July 1, 1997, thereThere is hereby created	415
in the department of commerce a division of liquor control, which	416
shall have all powers and perform all duties vested by law in the	417
superintendent of liquor control. Wherever powers are conferred or	418
duties are imposed upon the superintendent of liquor control,	419
those powers and duties shall be construed as vested in the	420
division of liquor control. The division of liquor control shall	421
be administered by a superintendent of liquor control.	422

(E) The director of commerce shall not be interested,	423
directly or indirectly, in any firm or corporation which is a	424
dealer in securities as defined in sections 1707.01 and 1707.14 of	425
the Revised Code, or in any firm or corporation licensed under	426
sections 1321.01 to 1321.19 of the Revised Code.	427

(F) The director of commerce shall not have any official	428
connection with a savings and loan association, a savings bank, a	429
bank, a bank holding company, a savings and loan association	430
holding company, a consumer finance company, or a credit union	431
that is under the supervision of the division of financial	432
institutions, or a subsidiary of any of the preceding entities, or	433
be interested in the business thereof.	434

(G) There is hereby created in the state treasury the	435
division of administration fund. The fund shall receive	436
assessments on the operating funds of the department of commerce	437
in accordance with procedures prescribed by the director of	438
commerce and approved by the director of budget and management.	439
All operating expenses of the division of administration shall be	440
paid from the division of administration fund.	441

(H) There is hereby created in the department of commerce a	442
division of real estate and professional licensing, which shall be	443
under the control and supervision of the director of commerce. The	444
division of real estate and professional licensing shall be	445
administered by a superintendent of real estate and professional	446
licensing. The superintendent of real estate and professional	447
licensing shall exercise the powers and perform the functions and	448
duties delegated to the superintendent under Chapters 4735.,	449
4749., 4763., and 4767. of the Revised Code.	450

(I) There is hereby created in the department of commerce a	451
division of labor and worker safety, which shall have all powers	452
and perform all duties vested by law in the superintendent of	453
labor and worker safety. Wherever powers are conferred or duties	454
imposed upon the superintendent of labor and worker safety, such	455
those powers and duties shall be construed as vested in the	456
division of labor and worker safety. The division of labor and	457
worker safety isshall be under the control and supervision of the	458
director of commerce, and be administered by a superintendent of	459
labor and worker safety. The superintendent of labor and worker	460
safety shall exercise the powers and perform the duties delegated	461
to the superintendent by the director under Chapters 4109., 4111.,	462
4115., and 4167. of the Revised Code.	463

(J) The department of commerce or a division of the	464
department created by the Revised Code that is acting with	465
authorization on the departments's behalf may request from the	466
bureau of criminal identification and investigation pursuant to	467
section 109.572 of the Revised Code, or coordinate with	468
appropriate federal, state, and local government agencies to	469
accomplish, criminal records checks for the persons whose	470
identities are required to be disclosed by an applicant for the	471
issuance or transfer of a permit, license, or certification issued	472
or transferred by the department or division. At or before the	473
time of making a request for a criminal records check, the	474
department or division may require any person whose identity is	475
required to be disclosed by an applicant for the issuance or	476
transfer of such a license, permit, or certification to submit to	477
the department or division valid fingerprint impressions in a	478
format and by any media or means acceptable to the bureau of	479
criminal identification and investigation and, when applicable,	480
the federal bureau of investigation. The department or division	481
may cause the bureau of criminal identification and investigation	482
to conduct a criminal records check through the federal bureau of	483
investigation only if the person for whom the criminal records	484
check would be conducted resides or works outside of this state or	485
has resided or worked outside of this state during the preceding	486
five years, or if a criminal records check conducted by the bureau	487
of criminal identification and investigation within this state	488
indicates that the person may have a criminal record outside of	489
this state.	490

In the case of a criminal records check under section 109.572	491
of the Revised Code, the department or division shall forward to	492
the bureau of criminal identification and investigation the	493
requisite form, fingerprint impressions, and fee described in	494
division (C) of that section. When requested by the department or	495
division in accordance with this section, the bureau of criminal	496
identification and investigation shall request from the federal	497
bureau of investigation any information it has with respect to the	498
person who is the subject of the requested criminal records check	499
and shall forward the requisite fingerprint impressions and	500
information to the federal bureau of investigation for that	501
criminal records check. After conducting a criminal records check	502
or receiving the results of a criminal records check from the	503
federal bureau of investigation, the bureau of criminal	504
identification and investigation shall provide the results to the	505
department or division.	506

The department or division may require any person about whom	507
a criminal records check is requested to pay to the department or	508
division the amount necessary to cover the fee charged to the	509
department or division by the bureau of criminal identification	510
and investigation under division (C)(3) of section 109.572 of the	511
Revised Code, including, when applicable, any fee for a criminal	512
records check conducted by the federal bureau of investigation.	513

Sec. 307.697.  (A) For the purpose of section 307.696 of the	514
Revised Code and to pay any or all of the charge the board of	515
elections makes against the county to hold the election on the	516
question of levying the tax, or for those purposes and to provide	517
revenues to the county for permanent improvements, the board of	518
county commissioners of a county may levy a tax not to exceed	519
three dollars on each gallon of spirituous liquor sold to or	520
purchased by liquor permit holders for resale, and sold at retail	521
by the division of liquor control, in the county. The tax shall be	522
levied on the number of gallons so sold. The tax may be levied for	523
any number of years not exceeding twenty.	524

The tax shall be levied pursuant to a resolution of the board	525
of county commissioners approved by a majority of the electors in	526
the county voting on the question of levying the tax, which	527
resolution shall specify the rate of the tax, the number of years	528
the tax will be levied, and the purposes for which the tax is	529
levied. The election may be held on the date of a general or	530
special election held not sooner than seventy-five days after the	531
date the board certifies its resolution to the board of elections.	532
If approved by the electors, the tax takes effect on the first day	533
of the month specified in the resolution but not sooner than the	534
first day of the month that is at least sixty days after the	535
certification of the election results by the board of elections. A	536
copy of the resolution levying the tax shall be certified to the	537
division of liquor control at least sixty days prior to the date	538
on which the tax is to become effective.	539

(B) A resolution under this section may be joined on the	540
ballot as a single question with a resolution adopted under	541
section 4301.421 or 5743.024 of the Revised Code to levy a tax for	542
the same purposes, and for the purpose of paying the expenses of	543
administering that tax.	544

(C) The form of the ballot in an election held pursuant to	545
this section or section 4301.421 or 5743.024 of the Revised Code	546
shall be as follows or in any other form acceptable to the	547
secretary of state:	548

"For the purpose of paying not more than one-half of the	549
costs of providing a public sports facility together with related	550
redevelopment and economic development projects, shall (an) excise	551
tax(es) be levied by .......... county at the rate of ......	552
(dollars on each gallon of spirituous liquor sold in the county by	553
the Ohio division of liquor control, cents per gallon on the sale	554
of beer at wholesale in the county, cents per gallon on the sale	555
of wine and mixed beverages at wholesale in the county, cents per	556
gallon on the sale of cider at wholesale in the county, or mills	557
per cigarette on the sale of cigarettes at wholesale in the	558
county), for ...... years?	559

560

563

For an election in which questions under this section or	564
section 4301.421 or 5743.024 of the Revised Code are joined as a	565
single question, the form of the ballot shall be as above, except	566
each of the proposed taxes shall be listed.	567

(D) The board of county commissioners of a county in which a	568
tax is imposed under this section on the effective date of this	569
amendmentJuly 19, 1995, may levy a tax for the purpose of section	570
307.673 of the Revised Code regardless of whether or not the	571
cooperative agreement authorized under that section has been	572
entered into prior to the day the resolution adopted under	573
division (D)(1) or (2) of this section is adopted, and for the	574
purpose of reimbursing a county for costs incurred in the	575
construction of a sports facility pursuant to an agreement entered	576
into by the county under section 307.696 of the Revised Code. The	577
tax shall be levied and approved in one of the manners prescribed	578
by division (D)(1) or (2) of this section.	579

(1) The tax may be levied pursuant to a resolution adopted by	580
a majority of the members of the board of county commissioners not	581
later than forty-five days after the effective date of this	582
amendmentJuly 19, 1995. A board of county commissioners approving	583
a tax under division (D)(1) of this section may approve a tax	584
under division (B)(1) of section 4301.421 or division (C)(1) of	585
section 5743.024 of the Revised Code at the same time. Subject to	586
the resolution being submitted to a referendum under sections	587
305.31 to 305.41 of the Revised Code, the resolution shall take	588
effect immediately, but the tax levied pursuant to the resolution	589
shall not be levied prior to the day following the last day the	590
tax levied pursuant to divisions (A), (B), and (C) of this section	591
may be levied.	592

(2) The tax may be levied pursuant to a resolution adopted by	593
a majority of the members of the board of county commissioners not	594
later than forty-five days after the effective date of this	595
amendmentJuly 19, 1995, and approved by a majority of the	596
electors of the county voting on the question of levying the tax	597
at the next succeeding general election following the effective	598
date of this amendmentJuly 19, 1995. The board of county	599
commissioners shall certify a copy of the resolution to the board	600
of elections immediately upon adopting a resolution under division	601
(D)(2) of this section, and the board of elections shall place the	602
question of levying the tax on the ballot at that election. The	603
form of the ballot shall be as prescribed by division (C) of this	604
section, except that the phrase "paying not more than one-half of	605
the costs of providing a sports facility together with related	606
redevelopment and economic development projects" shall be replaced	607
by the phrase "paying the costs of constructing or renovating a	608
sports facility and reimbursing a county for costs incurred by the	609
county in the construction of a sports facility," and the phrase	610
", beginning .......... (here insert the earliest date the tax	611
would take effect)" shall be appended after "years." A board of	612
county commissioners submitting the question of a tax under	613
division (D)(2) of this section may submit the question of a tax	614
under division (B)(2) of section 4301.421 or division (C)(2) of	615
section 5743.024 of the Revised Code as a single question, and the	616
form of the ballot shall include each of the proposed taxes.	617

If approved by a majority of electors voting on the question,	618
the tax shall take effect on the day specified on the ballot,	619
which shall not be earlier than the day following the last day the	620
tax levied pursuant to divisions (A), (B), and (C) of this section	621
may be levied.	622

The rate of a tax levied pursuant to division (D)(1) or (2)	623
of this section shall not exceed the rate specified in division	624
(A) of this section. A tax levied pursuant to division (D)(1) or	625
(2) of this section may be levied for any number of years not	626
exceeding twenty.	627

A board of county commissioners adopting a resolution under	628
division (D)(1) or (2) of this section shall certify a copy of the	629
resolution to the departmentdivision of liquor control	630
immediately upon adoption of the resolution.	631

Sec. 351.26.  (A) The board of directors of a convention	632
facilities authority may adopt a resolution requesting the board	633
of county commissioners of the county in which the convention	634
facilities authority has its territory to propose the question of	635
a tax to be levied pursuant to this section and section 4301.424	636
or sections 5743.026 and 5743.324 of the Revised Code for the	637
purpose of construction or renovation of a sports facility. The	638
board of directors shall certify a copy of the resolution to the	639
board of county commissioners not later than ninety days prior to	640
the day of the election at which the board of directors requests	641
the board of county commissioners to submit the question of the	642
tax. The resolution shall state the rate at which the tax would be	643
levied, the purpose for which the tax would be levied, the number	644
of years the tax would be levied, the section of the Revised Code	645
under which the tax would be levied, and the date of the election	646
at which the board of directors requests the board of county	647
commissioners to submit the question of the tax, all of which are	648
subject to the limitations of this section and section 4301.424 or	649
sections 5743.026 and 5743.324 of the Revised Code.	650

Upon receiving a copy of such a resolution from the board of	651
directors, the board of county commissioners shall adopt a	652
resolution either approving or rejecting the proposal, and certify	653
a copy of its resolution to the board of directors. If the board	654
of county commissioners approves the proposal, the board of county	655
commissioners shall propose the question of levying a tax pursuant	656
to section 4301.424 of the Revised Code or pursuant to sections	657
5743.026 and 5743.324 of the Revised Code, as specified in the	658
board of directors' resolution, for the purpose of construction or	659
renovation of a sports facility.	660

(B) The form of the ballot in an election held on the	661
question of levying a tax proposed pursuant to section 4301.424 or	662
5743.026 of the Revised Code shall be as follows or in any other	663
form acceptable to the secretary of state:	664

"For the purpose of paying the costs of ..........	665
(constructing or renovating) a sports facility, shall (an) excise	666
tax(es) be levied by the .......... county for the convention	667
facilities authority of .......... county at the rate of ......	668
(dollars on each gallon of spirituous liquor sold in the county by	669
the Ohio departmentdivision of liquor control, cents per gallon	670
on the sale of beer at wholesale in the county, cents per gallon	671
on the sale of wine and mixed beverages at wholesale in the	672
county, or mills per cigarette on the sale of cigarettes at	673
wholesale in the county), for ...... years?	674

675

678

For an election in which questions under section 4301.424 or	679
5743.026 of the Revised Code are joined as a single question, the	680
form of the ballot shall be as above, except each of the proposed	681
taxes shall be listed.	682

Sec. 924.51.  (A) There is hereby created the Ohio grape	683
industries committee consisting of nine members. The members shall	684
be the director of agriculture or the director's designee, who	685
shall chair the committee, the directorsuperintendent of liquor	686
control or the director'ssuperintendent's designee, the chief of	687
the division of markets of the department of agriculture, the	688
viticulture extension specialist of the Ohio agricultural research	689
and development center, who shall be a nonvoting member, and five	690
members who shall be appointed by the director of agriculture.	691

(B) Of the five members of the committee appointed by the	692
director of agriculture, two shall be persons who receive the	693
major portion of their income from the production of grapes. The	694
term of one of these members shall begin January 1, 1982, and end	695
December 31, 1982, and the second member's term shall begin	696
January 1, 1982, and end December 31, 1983. Two members shall be	697
persons who receive the major portion of their income from the	698
production of wine from raw grape or fruit products in either raw	699
fruit or fresh juice form. The term of one of these members shall	700
begin January 1, 1982, and end December 31, 1982, and the second	701
member's term shall begin January 1, 1982, and end December 31,	702
1983. One member shall be a person the major portion of whose	703
income is from the production of grape products other than wine,	704
such as juice, jams, or jellies; that member's term shall begin	705
January 1, 1982, and end December 31, 1984. Thereafter, the terms	706
for each appointed member of the committee shall be for three	707
years, commencing on the first day of January and ending on the	708
thirty-first day of December. No appointed member shall serve more	709
than two consecutive terms. The director may remove any appointed	710
member for cause.	711

(C) Members shall be appointed to fill vacancies caused by	712
death, resignation, or removal in the same manner prescribed for	713
regular appointment to the committee. Any member appointed to fill	714
a vacancy occurring prior to the expiration of the term for which	715
the member's predecessor was appointed shall hold office for the	716
remainder of the term. Any member shall continue in office	717
subsequent to the expiration date of that member's term until that	718
member's successor takes office, or until a period of sixty days	719
has elapsed, whichever occurs first.	720

(D) All members of the committee are entitled to their actual	721
and necessary expenses incurred in the performance of their duties	722
as members, payable from moneys received from the Ohio grape	723
industries fund created under section 924.54 of the Revised Code.	724

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

725

Sec. 1333.83.  Every manufacturer of alcoholic beverages	726
shall contract with or offer in good faith to its distributors a	727
written franchise providing for, and specifying the rights and	728
duties of both parties in effecting, the sale of the specified	729
brands or products of the manufacturer. Any provision of a	730
franchise agreement that waives any of the prohibitions of, or	731
fails to comply with, sections 1333.82 to 1333.87 of the Revised	732
Code is void and unenforceable. Any notice or acceptance required	733
to be given or made by either party to the franchise shall be in	734
writing and signed by the authorized representative of the	735
parties. Any breach, actual or claimed, of a franchise made	736
pursuant to this section shall not be grounds for suspension or	737
revocation of any permit or consent to importsupplier	738
registration issued by the division of liquor control. When a	739
distributor of beer or wine for a manufacturer, or the successors	740
or assigns of the manufacturer, distributes the beer or wine for	741
ninety days or more without a written contract, a franchise	742
relationship is established between the parties, and sections	743
1333.82 to 1333.87 of the Revised Code apply to the manufacturer,	744
its successor or assigns, and the distributor.	745

Sec. 2933.41.  (A)(1) Any property, other than contraband	746
that is subject to the provisions of section 2913.34 or 2933.43 of	747
the Revised Code, other than property that is subject to section	748
3719.141 of the Revised Code, other than property that is	749
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45	750
of the Revised Code, other than a vehicle that is criminally	751
forfeited under an order issued under section 4503.233 or 4503.234	752
of the Revised Code and that is to be disposed of under section	753
4503.234 of the Revised Code, other than property that has been	754
lawfully seized under sections 2933.71 to 2933.75 of the Revised	755
Code in relation to a medicaid fraud offense, and other than	756
property that has been lawfully seized in relation to a violation	757
of section 2923.32 of the Revised Code, that has been lost,	758
abandoned, stolen, seized pursuant to a search warrant, or	759
otherwise lawfully seized or forfeited, and that is in the custody	760
of a law enforcement agency shall be kept safely pending the time	761
it no longer is needed as evidence and shall be disposed of	762
pursuant to this section. Each law enforcement agency that has	763
custody of any property that is subject to this section shall	764
adopt a written internal control policy that addresses the keeping	765
of detailed records as to the amount of property taken in by the	766
agency, that addresses the agency's disposition of the property	767
under this section, that provides for the keeping of detailed	768
records of the disposition of the property, and that provides for	769
the keeping of detailed financial records of the amount and	770
disposition of any proceeds of a sale of the property under	771
division (D)(8) of this section and of the general types of	772
expenditures made out of the proceeds retained by the agency and	773
the specific amount expended on each general type of expenditure.	774
The policy shall not provide for or permit the identification of	775
any specific expenditure that is made in an ongoing investigation.	776
The policy is a public record open for inspection under section	777
149.43 of the Revised Code.	778

(2)(a) Every law enforcement agency that has any lost,	779
abandoned, stolen, seized, or forfeited property as described in	780
division (A)(1) of this section in its custody shall comply with	781
its written internal control policy adopted under that division	782
relative to the property. Each agency that has any such property	783
in its custody, except for property to be disposed of under	784
division (D)(4) of this section, shall maintain an accurate	785
record, in accordance with its written internal control policy, of	786
each item of the property. The record shall include the date on	787
which each item of property came into the agency's custody, the	788
manner in which it was disposed of, the date of its disposition,	789
the name of the person who received the property if it was not	790
destroyed, and all other information required by the agency's	791
written internal control policy; however, the record shall not	792
identify or enable the identification of the individual officer	793
who seized any item of property. The record of any property that	794
no longer is needed as evidence, and all financial records of the	795
amount and disposition of any proceeds of a sale under division	796
(D)(8) of this section and of the general types of expenditures	797
made out of the proceeds retained by the agency and the specific	798
amount of each general type of expenditure, shall be open to	799
public inspection during the agency's regular business hours.	800

Each law enforcement agency that, during any calendar year,	801
has any seized or forfeited property as described in division	802
(A)(1) of this section in its custody shall prepare a report	803
covering the calendar year that cumulates all of the information	804
contained in all of the records kept by the agency pursuant to	805
this division for that calendar year and shall send a copy of the	806
cumulative report, no later than the first day of March in the	807
calendar year following the calendar year covered by the report,	808
to the attorney general. Each report received by the attorney	809
general is a public record open for inspection under section	810
149.43 of the Revised Code.	811

(b) Each law enforcement agency that receives in any calendar	812
year any proceeds of a sale under division (D)(8) of this section	813
shall prepare a report covering the calendar year that cumulates	814
all of the information contained in all of the public financial	815
records kept by the agency pursuant to division (D)(2)(a) of this	816
section for that calendar year and shall send a copy of the	817
cumulative report, no later than the first day of March in the	818
calendar year following the calendar year covered by the report,	819
to the attorney general. Each report received by the attorney	820
general is a public record open for inspection under section	821
149.43 of the Revised Code.	822

(c) Not later than the fifteenth day of April in the calendar	823
year in which reports are sent to the attorney general under	824
divisions (A)(2)(a) and (b) of this section, the attorney general	825
shall send to the president of the senate and the speaker of the	826
house of representatives a written notification that does all of	827
the following:	828

(i) Indicates that the attorney general has received from law	829
enforcement agencies reports of the type described in division	830
(A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this section,	831
whichever is applicable, that cover the previous calendar year and	832
indicates that the reports were received under division (A)(2)(a),	833
(A)(2)(b), or both (A)(2)(a) and (b) of this section, whichever is	834
applicable;	835

(ii) Indicates that the reports are open for inspection under	836
section 149.43 of the Revised Code;	837

(iii) Indicates that the attorney general will provide a copy	838
of any or all of the reports to the president of the senate or the	839
speaker of the house of representatives upon request.	840

(B) A law enforcement agency that has property in its	841
possession that is required to be disposed of pursuant to this	842
section shall make a reasonable effort to locate the persons	843
entitled to possession of the property in its custody, to notify	844
them of when and where it may be claimed, and to return the	845
property to them at the earliest possible time. In the absence of	846
evidence identifying persons entitled to possession, it is	847
sufficient notice to advertise in a newspaper of general	848
circulation in the county, briefly describing the nature of the	849
property in custody and inviting persons to view and establish	850
their right to it.	851

(C) A person loses any right that the person may have to the	852
possession, or the possession and ownership, of property if any of	853
the following applies:	854

(1) The property was the subject, or was used in a conspiracy	855
or attempt to commit, or in the commission, of an offense other	856
than a traffic offense, and the person is a conspirator,	857
accomplice, or offender with respect to the offense.	858

(2) A court determines that the property should be forfeited	859
because, in light of the nature of the property or the	860
circumstances of the person, it is unlawful for the person to	861
acquire or possess the property.	862

(D) Unclaimed or forfeited property in the custody of a law	863
enforcement agency, other than contraband that is subject to the	864
provisions of section 2913.34 or 2933.43 of the Revised Code,	865
other than property forfeited under sections 2923.44 to 2923.47 or	866
2925.41 to 2925.45 of the Revised Code, and other than property	867
that has been lawfully seized in relation to a violation of	868
section 2923.32 of the Revised Code, shall be disposed of on	869
application to and order of any court of record that has	870
territorial jurisdiction over the political subdivision in which	871
the law enforcement agency has jurisdiction to engage in law	872
enforcement activities, as follows:	873

(1) Drugs shall be disposed of pursuant to section 3719.11 of	874
the Revised Code or placed in the custody of the secretary of the	875
treasury of the United States for disposal or use for medical or	876
scientific purposes under applicable federal law.	877

(2) Firearms and dangerous ordnance suitable for police work	878
may be given to a law enforcement agency for that purpose.	879
Firearms suitable for sporting use or as museum pieces or	880
collectors' items may be sold at public auction pursuant to	881
division (D)(8) of this section. Other firearms and dangerous	882
ordnance shall be destroyed by the agency or shall be sent to the	883
bureau of criminal identification and investigation for	884
destruction by the bureau.	885

(3) Obscene materials shall be destroyed.

886

(4) Beer,Except as otherwise provided in division (D)(4) of	887
this section, beer or intoxicating liquor, or alcohol seized from	888
by a person who is not the holder of a permit issued under	889
Chapters 4301. and 4303. of the Revised Code or is an offender and	890
forfeited to the state under section 4301.45 or 4301.53 of the	891
Revised Code eitherlaw enforcement agency shall be sold by the	892
division of liquor control, if the division determines that the	893
beer, intoxicating liquor, or alcohol is fit for sale, or shall be	894
placed in the custody ofdestroyed. Intoxicating liquor seized by	895
the investigationsinvestigative unit in the department of public	896
safety andmay be useddistributed for training relating to law	897
enforcement activities. The department, with the assistance of the	898
division of liquor control, shall adoptPursuant to rules the	899
department adopts in accordance with Chapter 119. of the Revised	900
Code to, the department shall provide for the distribution of such	901
beer,seized intoxicating liquor, or alcoholthat is not	902
distributed for training relating to its law enforcement	903
activities, to state or local law enforcement agencies, upon their	904
request, for training related to their law enforcement activities.	905
If any tax imposed under Title XLIII of the Revised Code has not	906
been paid in relation to the beer, intoxicating liquor, or	907
alcohol, the proceeds of the sale shall first be used to pay the	908
tax. All other money collected under division (D)(4) of this	909
section shall be paid into the state treasury. Any such beer,	910
intoxicating liquor, or alcohol that the division determines to be	911
unfit for sale shall be destroyed.	912

(5) Money received by an inmate of a correctional institution	913
from an unauthorized source or in an unauthorized manner shall be	914
returned to the sender, if known, or deposited in the inmates'	915
industrial and entertainment fund if the sender is not known.	916

(6) Vehicles and vehicle parts forfeited under sections	917
4549.61 to 4549.63 of the Revised Code may be given to a law	918
enforcement agency for use in the performance of its duties. Those	919
parts may be incorporated into any other official vehicle. Parts	920
that do not bear vehicle identification numbers or derivatives of	921
them may be sold or disposed of as provided by rules of the	922
director of public safety. Parts from which a vehicle	923
identification number or derivative of it has been removed,	924
defaced, covered, altered, or destroyed and that are not suitable	925
for police work or incorporation into an official vehicle shall be	926
destroyed and sold as junk or scrap.	927

(7)(a) Computers, computer networks, computer systems, and	928
computer software suitable for police work may be given to a law	929
enforcement agency for that purpose. Other computers, computer	930
networks, computer systems, and computer software shall be	931
disposed of pursuant to division (D)(8) of this section.	932

(b) As used in this section, "computers," "computer	933
networks," "computer systems," and "computer software" have the	934
same meanings as in section 2913.01 of the Revised Code.	935

(8) Other unclaimed or forfeited property, including personal	936
property that is abandoned or relinquished by an inmate of a state	937
correctional institution, with the approval of the court, may be	938
used by the law enforcement agency that has possession of it. If	939
the other unclaimed or forfeited property is not used by the law	940
enforcement agency, it may be sold, without appraisal, at a public	941
auction to the highest bidder for cash, or, in the case of other	942
unclaimed or forfeited moneys, disposed of in another manner that	943
the court considers proper in the circumstances.	944

(E)(1)(a) If the property was in the possession of the law	945
enforcement agency in relation to a delinquent child proceeding in	946
a juvenile court, ten per cent of the proceeds from property	947
disposed of pursuant to this section shall be applied to one or	948
more alcohol and drug addiction treatment programs that are	949
certified by the department of alcohol and drug addiction services	950
under section 3793.06 of the Revised Code and that are specified	951
by the court in its order issued under division (D) of this	952
section. A juvenile court shall not specify an alcohol or drug	953
addiction treatment program in the order unless the program is a	954
certified alcohol and drug addiction treatment program and, except	955
as provided in division (E)(1)(a) of this section, unless the	956
program is located in the county in which the court that issues	957
the orders is located or in a contiguous county. If no certified	958
alcohol and drug addiction treatment program is located in any of	959
those counties, the juvenile court may specify in the order a	960
certified alcohol and drug addiction treatment program located	961
anywhere within this state. The remaining ninety per cent of the	962
proceeds shall be applied as provided in division (E)(1)(b) of	963
this section.	964

If the property was in the possession of the law enforcement	965
agency other than in relation to a delinquent child proceeding in	966
a juvenile court, all of the proceeds from property disposed of	967
pursuant to this section shall be applied as provided in division	968
(E)(1)(b) of this section.	969

(b) Except as provided in divisions (D)(4), (5), and (E)(2)	970
of this section and after compliance with division (E)(1)(a) of	971
this section when that division is applicable, the proceeds from	972
property disposed of pursuant to this section shall be placed in	973
the general fund of the state, the county, the township, or the	974
municipal corporation, of which the law enforcement agency	975
involved is an agency.	976

(2) Each board of county commissioners that recognizes a	977
citizens' reward program as provided in section 9.92 of the	978
Revised Code shall notify each law enforcement agency of that	979
county and each law enforcement agency of a township or municipal	980
corporation wholly located in that county of the official	981
recognition of the citizens' reward program by filing a copy of	982
its resolution conferring that recognition with each of those law	983
enforcement agencies. When the board of county commissioners of a	984
county recognizes a citizens' reward program and the county	985
includes a part, but not all, of the territory of a municipal	986
corporation, the board shall so notify the law enforcement agency	987
of that municipal corporation of the official recognition of the	988
citizens' reward program only if the county contains the highest	989
percentage of the municipal corporation's population. Upon receipt	990
of a notice described in this division, each law enforcement	991
agency shall pay twenty-five per cent of the proceeds from each	992
sale of property disposed of pursuant to this section to the	993
citizens' reward program for use exclusively for the payment of	994
rewards. No part of those funds may be used to pay for the	995
administrative expenses or any other expenses associated with a	996
citizens' reward program. If a citizens' reward program that	997
operates in more than one county or in another state or states in	998
addition to this state receives funds pursuant to this section,	999
the funds shall be used to pay rewards only for tips and	1000
information to law enforcement agencies concerning felonies,	1001
offenses of violence, or misdemeanors that have been committed in	1002
the county from which the funds were received.	1003

(F) This section does not apply to the collection, storage,	1004
or disposal of abandoned junk motor vehicles. This section shall	1005
not be construed to rescind or restrict the authority of a	1006
municipal law enforcement agency to keep and dispose of lost,	1007
abandoned, stolen, seized, or forfeited property under an	1008
ordinance of the municipal corporation or under sections 737.29 to	1009
737.33 of the Revised Code, provided that, when a municipal	1010
corporation that has received notice as provided in division	1011
(E)(2) of this section disposes of property under an ordinance, it	1012
shall pay twenty-five per cent of the proceeds from any sale or	1013
auction to the citizens' reward program as provided under that	1014
division.	1015

(G) The receipt of funds by a citizens' reward program	1016
pursuant to division (E) of this section does not make it a	1017
governmental unit for purposes of section 149.43 of the Revised	1018
Code and does not subject it to the disclosure provisions of that	1019
section.	1020

(H) This section does not apply to the disposal of stolen or	1021
other property recovered by township law enforcement agencies	1022
pursuant to sections 505.105 to 505.109 of the Revised Code.	1023

(I)(1) Subject to divisions (D)(1) to (7) of this section,	1024
and otherwise notwithstanding the provisions of this section,	1025
personal property that is subject to this section and that is	1026
abandoned or relinquished by an inmate of a state correctional	1027
institution may be destroyed or used by order of the warden of the	1028
institution, if either of the following apply:	1029

(a) The value of the item is one hundred dollars or less, the	1030
state correctional institution has attempted to contact or	1031
identify the owner of the personal property, and those attempts	1032
have been unsuccessful.	1033

(b) The inmate who owns the personal property agrees in	1034
writing to the disposal of the personal property in question.	1035

(2) The department of rehabilitation and correction shall	1036
record the seizure and disposition of any personal property	1037
pursuant to division (I)(1) of this section, any attempts to	1038
contact or identify the owner of the personal property pursuant to	1039
division (I)(1)(a) of this section, and any agreement made	1040
pursuant to division (I)(1)(b) of this section.	1041

(J) For purposes of this section, "law enforcement agency"	1042
includes correctional institutions, and "citizens' reward program"	1043
has the same meaning as in section 9.92 of the Revised Code. As	1044
used in division (H) of this section, "township law enforcement	1045
agencies" means an organized police department of a township, a	1046
township police district, a joint township police district, or the	1047
office of a township constable.	1048

Sec. 4301.07.  Each member of the liquor control commission	1049
shall devote histhe member's entire time to the duties of his	1050
office and shall hold no other public position of trust or profit.	1051
No member of the commission, nor the directorsuperintendent of	1052
liquor control, nor any of the appointees or employees of the	1053
commission or of the departmentdivision of liquor control, shall	1054
have any direct financial interest, directly or indirectly, in, or	1055
any interest otherwise prohibited by Chapter 102. or section	1056
2921.42 or 2921.43 of the Revised Code in, the manufacture,	1057
distribution, or sale of beer or intoxicating liquor.	1058

Each member of the commission, and the chairmanchairperson	1059
shall receive a salary fixed pursuant to division (J) of section	1060
124.15 of the Revised Code. In addition theretoto that salary,	1061
each member shall receive the actual and necessary travel expenses	1062
in connection with commission hearings and business. The chairman	1063
chairperson shall be an attorney at law who has had five years of	1064
active law practice.	1065

Sec. 4301.10.  (A) The division of liquor control shall do	1066
all of the following:	1067

(1) Control the traffic in beer and intoxicating liquor in	1068
this state, including the manufacture, importation, and sale of	1069
beer and intoxicating liquor;	1070

(2) Grant or refuse permits for the manufacture,	1071
distribution, transportation, and sale of beer and intoxicating	1072
liquor and the sale of alcohol, as authorized or required by this	1073
chapter and Chapter 4303. of the Revised Code; and a. A	1074
certificate, signed by the superintendent of liquor control and to	1075
which is affixed the official seal of the division, stating that	1076
it appears from the records of the division that no permit has	1077
been issued to the person specified in the certificate, or that a	1078
permit, if issued, has been revoked, canceled, or suspended, shall	1079
be received as prima-facie evidence of the facts recited in the	1080
certificate in any court, or before any officer of this state;.	1081

(3) Put into operation, manage, and control a system of state	1082
liquor stores for the sale of spirituous liquor at retail and to	1083
holders of permits authorizing the sale of spirituous liquor;	1084
however, the division shall not establish any drive-in state	1085
liquor stores; and by means of those types of stores, and any	1086
manufacturing plants, distributing and bottling plants,	1087
warehouses, and other facilities that it considers expedient,	1088
establish and maintain a state monopoly of the distribution of	1089
spirituous liquor and its sale in packages or containers; and for	1090
that purpose manufacture, buy, import, possess, and sell	1091
spirituous liquors as provided in this chapter and Chapter 4303.	1092
of the Revised Code, and in the rules promulgated by the	1093
superintendent of liquor control pursuant to those chapters;	1094
lease, or in any manner acquire the use of any land or building	1095
required for any of those purposes; purchase any equipment that is	1096
required; and borrow money to carry on its business, and issue,	1097
sign, endorse, and accept notes, checks, and bills of exchange;	1098
but all obligations of the division created under authority of	1099
this division shall be a charge only upon the moneys received by	1100
the division from the sale of spirituous liquor and its other	1101
business transactions in connection with the sale of spirituous	1102
liquor, and shall not be general obligations of the state;	1103

(4) Enforce the administrative provisions of this chapter and	1104
Chapter 4303. of the Revised Code, and the rules and orders of the	1105
liquor control commission and the superintendent relating to the	1106
manufacture, importation, transportation, distribution, and sale	1107
of beer and intoxicating liquors; and the. The attorney general,	1108
any prosecuting attorney, and any prosecuting officer of a	1109
municipal corporation or a municipal court shall, at the request	1110
of the division of liquor control or the department of public	1111
safety, prosecute any person charged with the violation of any	1112
provision in those chapters or of any section of the Revised Code	1113
relating to the manufacture, importation, transportation,	1114
distribution, and sale of beer and intoxicating liquor;.	1115

(5) Determine the locations of all state liquor stores and	1116
manufacturing, distributing, and bottling plants required in	1117
connection therewithwith those stores, subject to this chapter	1118
and Chapter 4303. of the Revised Code;	1119

(6) Conduct inspections of liquor permit premises to	1120
determine compliance with the administrative provisions of this	1121
chapter and Chapter 4303. of the Revised Code and the rules	1122
adopted under those provisions by the liquor control commission.	1123

Except as otherwise provided in division (A)(6) of this	1124
section, those inspections may be conducted only during those	1125
hours in which the permit holder is open for business and only by	1126
authorized agents or employees of the division or by any peace	1127
officer, as defined in section 2935.01 of the Revised Code.	1128
Inspections may be conducted at other hours only to determine	1129
compliance with laws or commission rules that regulate the hours	1130
of sale of beer and intoxicating liquor and only if the	1131
investigator has reasonable cause to believe that those laws or	1132
rules are being violated. Any inspection conducted pursuant to	1133
division (A)(6) of this section is subject to all of the following	1134
requirements:	1135

(a) The only property that may be confiscated is contraband,	1136
as defined in section 2901.01 of the Revised Code, or property	1137
that is otherwise necessary for evidentiary purposes.	1138

(b) A complete inventory of all property confiscated from the	1139
premises shall be given to the permit holder or the permit	1140
holder's agent or employee by the confiscating agent or officer at	1141
the conclusion of the inspection. At that time, the inventory	1142
shall be signed by the confiscating agent or officer, and the	1143
agent or officer shall give the permit holder or the permit	1144
holder's agent or employee the opportunity to sign the inventory.	1145

(c) Inspections conducted pursuant to division (A)(6) of this	1146
section shall be conducted in a reasonable manner. A finding by	1147
any court of competent jurisdiction that the inspection was not	1148
conducted in a reasonable manner in accordance with this section	1149
or any rules promulgated by the commission may be considered	1150
grounds for suppression of evidence. A finding by the liquor	1151
control commission that the inspection was not conducted in a	1152
reasonable manner in accordance with this section or any rules	1153
promulgated by the commission may be considered grounds for	1154
dismissal of the commission case.	1155

If any court of competent jurisdiction finds that property	1156
confiscated as the result of an administrative inspection is not	1157
necessary for evidentiary purposes and is not contraband, as	1158
defined in section 2901.01 of the Revised Code, the court shall	1159
order the immediate return of the confiscated property, provided	1160
that property is not otherwise subject to forfeiture, to the	1161
permit holder. However, the return of this property is not grounds	1162
for dismissal of the case. The commission likewise may order the	1163
return of confiscated property if no criminal prosecution is	1164
pending or anticipated.	1165

(7) Delegate to any of its agents or employees any power of	1166
investigation that the division possesses with respect to the	1167
enforcement of any of the administrative laws relating to beer and	1168
intoxicating liquor, provided that this division does not	1169
authorize the division to designate any agent or employee to serve	1170
as an enforcement agent. The employment and designation of	1171
enforcement agents shall be within the exclusive authority of the	1172
director of public safety pursuant to sections 5502.13 to 5502.19	1173
of the Revised Code.	1174

(8) Except as otherwise provided in division (A)(8) of this	1175
section, collectCollect the following fees:	1176

(a) An annual twenty-five-A biennial fifty dollar	1177
registration fee for each representativeagent, solicitor, or	1178
salesperson, registered pursuant to section 4303.25 of the Revised	1179
Code, of a beer or intoxicating liquor manufacturer, supplier,	1180
broker, or wholesale distributor doing business in this state;	1181

(b) A fifty-dollar product registration fee for each new beer	1182
or intoxicating liquor product sold in this state. The product	1183
registration fee shall be accompanied by a copy of the federal	1184
label and product approval for the new product.	1185

(c) An annual three-hundred-dollar out-of-state supplier	1186
consent-to-importregistration fee from each manufacturer or	1187
supplier not subject to division (A)(8)(e) of this sectionthat	1188
produces and ships into this state, or ships into this state,	1189
intoxicating liquor or beer, in addition to an initial application	1190
fee of one hundred dollars;	1191

(d) An annual twenty-five-dollar registration fee for coil	1192
cleaners of beer dispensing equipment doing business in this	1193
state.	1194

(e) An annual one-hundred-dollar out-of-state	1195
consent-to-import fee, in addition to an initial application fee	1196
of one hundred dollars, from any manufacturer or out-of-state	1197
supplier that produced or shipped into this state in the	1198
immediately preceding calendar year a total of five hundred or	1199
fewer cases of seven-hundred-fifty milliliter equivalent of	1200
intoxicating liquor and twelve-ounce equivalent of beer.	1201

Each consent-to-import, representative'ssupplier, agent,	1202
solicitor, or salesperson registration, and coil cleaner	1203
registration issued under this division (A)(8) of this section	1204
authorizesshall authorize the person named to carry on the	1205
activity specified in the registration. Each agent, solicitor, or	1206
salesperson registration is valid for two years or for the	1207
unexpired portion of a two-year registration period. Each supplier	1208
registration is valid for one year, or for the unexpired portion	1209
of thea one-year, endingregistration period. Registrations shall	1210
end on thetheir respective uniform expiration date for each,	1211
which shall be designated by the division, and isare subject to	1212
suspension, revocation, cancellation, or fine as authorized by	1213
this chapter and Chapter 4303. of the Revised Code.	1214

(9) Establish a system of electronic data interchange within	1215
the division and regulate the electronic transfer of information	1216
and funds among persons and governmental entities engaged in the	1217
manufacture, distribution, and retail sale of alcoholic beverages;	1218

(10) Exercise all other powers expressly or by necessary	1219
implication conferred upon the division by this chapter and	1220
Chapter 4303. of the Revised Code, and all powers necessary for	1221
the exercise or discharge of any power, duty, or function	1222
expressly conferred or imposed upon the division by those	1223
chapters.	1224

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

1225

(1) Sue, but may be sued only in connection with the	1226
execution of leases of real estate and the purchases and contracts	1227
necessary for the operation of the state liquor stores that are	1228
made under this chapter and Chapter 4303. of the Revised Code;	1229

(2) Enter into leases and contracts of all descriptions and	1230
acquire and transfer title to personal property with regard to the	1231
sale, distribution, and storage of spirituous liquor within the	1232
state;	1233

(3) Terminate at will any lease entered into pursuant to	1234
division (B)(2) of this section upon first giving ninety days'	1235
notice in writing to the lessor of its intention to do so;	1236

(4) Fix the wholesale and retail prices at which the various	1237
classes, varieties, and brands of spirituous liquor shall be sold	1238
by the division. Those retail prices shall be the same at all	1239
state liquor stores, except to the extent that a price	1240
differential is required to collect a county sales tax levied	1241
pursuant to section 5739.021 of the Revised Code and for which tax	1242
the tax commissioner has authorized prepayment pursuant to section	1243
5739.05 of the Revised Code. In fixing selling prices, the	1244
division shall compute an anticipated gross profit at least	1245
sufficient to provide in each calendar year all costs and expenses	1246
of the division and also an adequate working capital reserve for	1247
the division. The gross profit shall not exceed forty per cent of	1248
the retail selling price based on costs of the division, and in	1249
addition the sum required by section 4301.12 of the Revised Code	1250
to be paid into the state treasury. An amount equal to one and	1251
one-half per cent of that gross profit shall be paid into the	1252
statewide treatment and prevention fund created by section 4301.30	1253
of the Revised Code and be appropriated by the general assembly	1254
from the fund to the department of alcohol and drug addiction	1255
services as provided in section 4301.30 of the Revised Code.	1256

On spirituous liquor manufactured in Ohiothis state from the	1257
juice of grapes or fruits grown in Ohiothis state, the division	1258
shall compute an anticipated gross profit of not to exceed ten per	1259
cent. The wholesale prices shall be at a discount of not less than	1260
twelve and one-half per cent of the retail selling prices as	1261
determined by the division in accordance with this section.	1262

(C) The division may approve the expansion or diminution of a	1263
premises to which a liquor permit has been issued and may adopt	1264
standards governing such an expansion or diminution.	1265

Sec. 4301.19.  The division of liquor control shall sell	1266
spirituous liquor only, whether from a warehouse or from a state	1267
liquor store or agency store. All sales shall be in sealed	1268
containers and for resale as authorized by this chapter and	1269
Chapter 4303. of the Revised Code or for consumption off the	1270
premises only. Except as otherwise provided in this section, sale	1271
of containers holding one-half pint or less of spirituous liquor	1272
by the division shall be made at retail only, and not for the	1273
purpose of resale by any purchaser, by special order placed with a	1274
state retail liquor store or agency store and subject to rules	1275
established by the superintendent of liquor control. The division	1276
may sell at wholesale spirituous liquor in fifty milliliter sealed	1277
containers to any holder of a permit issued under Chapter 4303. of	1278
the Revised Code that authorizes the sale of spirituous liquor for	1279
consumption on the premises where sold. A person appointed by the	1280
division to act as an agent for the sale of spirituous liquor	1281
pursuant to section 4301.17 of the Revised Code may provide and	1282
accept gift certificates and may accept credit cards and debit	1283
cards for the retail purchase of spirituous liquor. Deliveries	1284
shall be made in the manner the superintendent determines by rule.	1285

If any person desires to purchase any variety or brand of	1286
spirituous liquor which is not in stock at the state liquor store	1287
or agency store where the variety or brand is ordered, the	1288
division shall immediately procure the variety or brand after a	1289
reasonable deposit is made by the purchaser in such proportion of	1290
the approximate cost of the order as is prescribed by the rules of	1291
the superintendent. The purchaser shall be immediately notified	1292
upon the arrival of the spirituous liquor at the store at which it	1293
was ordered. Unless the purchaser pays for the variety or brand	1294
and accepts delivery within five days after the giving of the	1295
notice, the division may place the spirituous liquor in stock for	1296
general sale, and the deposit of the purchaser shall be forfeited.	1297

Sec. 4301.20. Chapters 4301.This chapter and Chapter 4303.	1298
of the Revised Code do not prevent the following:	1299

(A) The storage of intoxicating liquor in bonded warehouses,	1300
established in accordance with the acts of congress and under the	1301
regulation of the United States, located in this state, or the	1302
transportation of intoxicating liquor to or from bonded warehouses	1303
of the United States wherever located;	1304

(B) A bona fide resident of this state who is the owner of a	1305
warehouse receipt from obtaining or transporting to the person's	1306
resident's residence for the person's resident's own consumption	1307
and not for resale spirituous liquor stored in a government bonded	1308
warehouse in this state or in another state prior to December,	1309
1933, subject to such terms as are prescribed by the division of	1310
liquor control;	1311

(C) The manufacture of cider from fruit for the purpose of	1312
making vinegar, and nonintoxicating cider and fruit juices for use	1313
and sale;	1314

(D) A licensed physician or dentist from administering or	1315
dispensing intoxicating liquor or alcohol to a patient in good	1316
faith in the actual course of the practice of the physician's or	1317
dentist's profession;	1318

(E) The sale of alcohol to physicians, dentists, druggists,	1319
veterinary surgeons, manufacturers, hospitals, infirmaries, or	1320
medical or educational institutions using the samealcohol for	1321
medicinal, mechanical, chemical, or scientific purposes;	1322

(F) The sale, gift, or keeping for sale by druggists and	1323
others of any of the medicinal preparations manufactured in	1324
accordance with the formulas prescribed by the United States	1325
Pharmacopoeia and National Formulary, patent or proprietary	1326
preparations, and other bona fide medicinal and technical	1327
preparations, which contain no more alcohol than is necessary to	1328
hold the medicinal agents in solution and to preserve the same,	1329
which are manufactured and sold as medicine and not as beverages,	1330
are unfit for use for beverage purposes, and the sale of which	1331
does not require the payment of a United States liquor dealer's	1332
tax;	1333

(G) The manufacture and sale of tinctures or of toilet,	1334
medicinal, and antiseptic preparations and solutions not intended	1335
for internal human use nor to be sold as beverages, and which are	1336
unfit for beverage purposes, if upon the outside of each bottle,	1337
box, or package of which there is printed in the English language,	1338
conspicuously and legibly, the quantity by volume of alcohol in	1339
suchthe preparation or solution;	1340

(H) The manufacture and keeping for sale of the food products	1341
known as flavoring extracts when manufactured and sold for	1342
cooking, culinary, or flavoring purposes, and which are unfit for	1343
use for beverage purposes;	1344

(I) The lawful sale of wood alcohol or of ethyl alcohol for	1345
external use when combined with such other substances as to make	1346
it unfit for internal use;	1347

(J) The purchase and importation into this state of	1348
intoxicating liquor for use in manufacturing processes of	1349
nonbeverage food products under such terms as are prescribed by	1350
the division, provided that the terms prescribed by the division	1351
shall not increase the cost of suchthe intoxicating liquors	1352
liquor to any person, firm, or corporation purchasing and	1353
importing the sameit into this state for any suchthat use;	1354

(K) Any resident of this state or any member of the armed	1355
forces of the United States, who has attained the age of	1356
twenty-one years, from bringing into this state, for personal use	1357
and not for resale, not more than one liter of spirituous liquor	1358
in any thirty-day period, and the same is free of any tax consent	1359
fee when suchthe resident or member of the armed forces	1360
physically possesses and accompanies suchthe spirituous liquor on	1361
returning from a foreign country, another state, or an insular	1362
possession of the United States;	1363

(L) Persons, at least twenty-one years of age, who collect	1364
ceramic commemorative bottles containing spirituous liquor which	1365
have unbroken federal tax stamps thereonon them from selling or	1366
trading suchthe bottles to other collectors. SuchThe bottles	1367
must originally have been purchased at retail from the division,	1368
legally imported under division (K) of this section, or legally	1369
imported pursuant to a consent to importsupplier registration	1370
issued by the division. SuchThe sales shall be for the purpose of	1371
exchanging a ceramic commemorative bottle between private	1372
collectors and shall not be for the purpose of selling the	1373
spirituous liquor for personal consumption. The sale or exchange	1374
authorized by this division shall not occur on the premises of any	1375
permit holder, shall not be made in connection with the business	1376
of any permit holder, and shall not be made in connection with any	1377
mercantile business.	1378

Sec. 4301.22.  Sales of beer and intoxicating liquor under	1379
all classes of permits and from state liquor stores are subject to	1380
the following restrictions, in addition to those imposed by the	1381
rules or orders of the division of liquor control:	1382

(A)(1) Except as otherwise provided in this chapter, no beer	1383
or intoxicating liquor shall be sold to any person under	1384
twenty-one years of age.	1385

(2) No low-alcohol beverage shall be sold to any person under	1386
eighteen years of age. No permit issued by the division shall be	1387
suspended, revoked, or canceled because of a violation of division	1388
(A)(2) of this section.	1389

(3) No intoxicating liquor shall be handled by any person	1390
under twenty-one years of age, except that a person eighteen years	1391
of age or older employed by a permit holder may handle or sell	1392
beer or intoxicating liquor in sealed containers in connection	1393
with wholesale or retail sales, and any person nineteen years of	1394
age or older employed by a permit holder may handle intoxicating	1395
liquor in open containers when acting in the capacity of a server	1396
in a hotel, restaurant, club, or night club, as defined in	1397
division (B) of section 4301.01 of the Revised Code, or in the	1398
premises of a D-7 permit holder. This section does not authorize	1399
persons under twenty-one years of age to sell intoxicating liquor	1400
across a bar. Any person employed by a permit holder may handle	1401
beer or intoxicating liquor in sealed containers in connection	1402
with manufacturing, storage, warehousing, placement, stocking,	1403
bagging, loading, or unloading, and may handle beer or	1404
intoxicating liquor in open containers in connection with cleaning	1405
tables or handling empty bottles or glasses.	1406

(B) No permit holder and no agent or employee of a permit	1407
holder shall sell or furnish beer or intoxicating liquor to an	1408
intoxicated person.	1409

(C) No intoxicating liquor shall be sold to any individual	1410
who habitually drinks intoxicating liquor to excess, or to whom	1411
the division has, after investigation, determined to prohibit the	1412
sale of such intoxicating liquor, because of cause shown by the	1413
husband, wife, father, mother, brother, sister, or other person	1414
dependent upon, or in charge of such individual, or by the mayor	1415
of any municipal corporation, or a township trustee of any	1416
township in which the individual resides. The order of the	1417
division in such case shall remain in effect until revoked by the	1418
division.	1419

(D) No sales of intoxicating liquor shall be made after	1420
two-thirty a.m. on Sunday, except that intoxicating liquor may be	1421
sold on Sunday under authority of a permit whichthat authorizes	1422
Sunday sale.	1423

This section does not prevent a municipal corporation from	1424
adopting a closing hour for the sale of intoxicating liquor	1425
earlier than two-thirty a.m. on Sunday or to provide that no	1426
intoxicating liquor may be sold prior to that hour on Sunday.	1427

(E)(D) No holder of a permit shall give away any beer or	1428
intoxicating liquor of any kind at any time in connection with	1429
permit holder's business.	1430

(F)(E) Except as otherwise provided in this division, no	1431
retail permit holder shall display or permit the display on the	1432
outside of any licensed retail premises, or on any lot of ground	1433
on which the licensed premises are situated, or on the exterior of	1434
any building of which saidthe licensed premises are a part, any	1435
sign, illustration, or advertisement bearing the name, brand name,	1436
trade name, trade-mark, designation, or other emblem of or	1437
indicating the manufacturer, producer, distributor, place of	1438
manufacture, production, or distribution of any beer or	1439
intoxicating liquor. Signs, illustrations, or advertisements	1440
bearing the name, brand name, trade name, trade-mark, designation,	1441
or other emblem of or indicating the manufacturer, producer,	1442
distributor, place of manufacture, production, or distribution of	1443
beer or intoxicating liquor may be displayed and permitted to be	1444
displayed on the interior or in the show windows of any licensed	1445
premises, if the particular brand or type of product so advertised	1446
is actually available for sale on the premises at the time of such	1447
that display. The liquor control commission shall determine by	1448
rule the size and character of suchthose signs, illustrations, or	1449
advertisements.	1450

(G)(F) No retail permit holder shall possess on the licensed	1451
premises any barrel or other container from which beer is drawn,	1452
unless there is attached to the spigot or other dispensing	1453
apparatus the name of the manufacturer of the product contained	1454
thereinin the barrel or other container, provided that where	1455
such,if the beer is served at a bar, the manufacturer's name or	1456
brand must appear in full view of the purchaser. The commission	1457
shall regulate the size and character of the devices provided for	1458
in this section.	1459

(H)(G) Except as otherwise provided in this division, no sale	1460
of any gift certificate shall be permitted whereby beer or	1461
intoxicating liquor of any kind is to be exchanged for suchthe	1462
certificate, unless the gift certificate can be exchanged only for	1463
food, and beer or intoxicating liquor, for on-premises consumption	1464
and the value of the beer or intoxicating liquor for which the	1465
certificate can be exchanged does not exceed more than thirty per	1466
cent of the total value of the gift certificate. The sale of gift	1467
certificates for the purchase of beer, wine, or mixed beverages	1468
shall be permitted for the purchase of beer, wine, or mixed	1469
beverages for off-premises consumption. Limitations on the use of	1470
a gift certificate for the purchase of beer, wine, or mixed	1471
beverages for off-premises consumption may be expressed by clearly	1472
stamping or typing on the face of the certificate that the	1473
certificate may not be used for the purchase of beer, wine, or	1474
mixed beverages.	1475

Sec. 4301.24.  No manufacturer shall aid or assist the holder	1476
of any permit for sale at wholesale, and no manufacturer or	1477
wholesale distributor shall aid or assist the holder of any permit	1478
for sale at retail, by gift or loan of any money or property of	1479
any description or other valuable thing, or by giving premiums or	1480
rebates. No holder of any such permit shall accept the same,	1481
provided that the manufacturer or wholesale distributor may	1482
furnish to a retail permittee the inside signs or advertising and	1483
the tap signs or devices authorized by divisions (E) and (F) and	1484
(G) of section 4301.22 of the Revised Code.	1485

No manufacturer shall have any financial interest, directly	1486
or indirectly, by stock ownership, or through interlocking	1487
directors in a corporation, or otherwise, in the establishment,	1488
maintenance, or promotion in the business of any wholesale	1489
distributor. No retail permit holder shall have any interest,	1490
directly or indirectly, in the operation of, or any ownership in,	1491
the business of any wholesale distributor or manufacturer.	1492

No manufacturer shall, except as authorized by section	1493
4303.021 of the Revised Code, have any financial interest,	1494
directly or indirectly, by stock ownership, or through	1495
interlocking directors in a corporation, or otherwise, in the	1496
establishment, maintenance, or promotion of the business of any	1497
retail dealer. No wholesale distributor or employee of a wholesale	1498
distributor shall have any financial interest, directly or	1499
indirectly, by stock ownership, interlocking directors in a	1500
corporation, or otherwise, in the establishment, maintenance, or	1501
promotion of the business of any retail dealer. No manufacturer or	1502
wholesale distributor or any stockholder of a manufacturer or	1503
wholesale distributor shall acquire, by ownership in fee,	1504
leasehold, mortgage, or otherwise, directly or indirectly, any	1505
interest in the premises on which the business of any other person	1506
engaged in the business of trafficking in beer or intoxicating	1507
liquor is conducted. All contracts, covenants, conditions, and	1508
limitations whereby any person engaged or proposing to engage in	1509
the sale of beer or intoxicating liquors promises to confine the	1510
person's sales of a particular kind or quality of beer or	1511
intoxicating liquor to one or more products, or the products of a	1512
specified manufacturer or wholesale distributor, or to give	1513
preference to those products, shall to the extent of that promise	1514
be void. The making of a promise in any such form shall be cause	1515
for the revocation or suspension of any permit issued to any	1516
party. This section does not prevent the holder of an A permit	1517
from securing and holding a wholesale distributor's permit or	1518
permits and operating as a wholesale distributor.	1519

No manufacturer shall sell or offer to sell to any wholesale	1520
distributor or retail permit holder, no wholesale distributor	1521
shall sell or offer to sell to any retail permit holder, and no	1522
wholesale distributor or retail permit holder shall purchase or	1523
receive from any manufacturer or wholesale distributor, any beer,	1524
brewed beverages, or wine manufactured in the United States except	1525
for cash. No right of action shall exist to collect any claims for	1526
credit extended contrary to this section. This section does not	1527
prohibit a licensee from crediting to a purchaser the actual	1528
prices charged for packages or containers returned by the original	1529
purchaser as a credit on any sale or from refunding to any	1530
purchaser the amount paid by that purchaser for containers or as a	1531
deposit on containers when title is retained by the vendor, if	1532
those containers or packages have been returned to the	1533
manufacturer or distributor. This section does not prohibit a	1534
manufacturer from extending usual and customary credit for beer,	1535
brewed beverages, or wine manufactured in the United States and	1536
sold to customers who live or maintain places of business outside	1537
this state when the beverages so sold are actually transported and	1538
delivered to points outside this state. No wholesale or retail	1539
permit shall be issued to an applicant unless the applicant has	1540
paid in full all accounts for beer or wine, manufactured in the	1541
United States, outstanding as of September 6, 1939. No beer or	1542
wine manufactured in the United States shall be imported into the	1543
state unless the beer or wine has been paid for in cash, and no	1544
consent to importsupplier registration for any such beer or wine	1545
manufactured in the United States shall be issued by the division	1546
of liquor control until the A-2, B-1, or B-5 permit holder	1547
establishes to the satisfaction of the division that the beer or	1548
wine has been paid for in cash.	1549

This section does not prevent a manufacturer from securing	1550
and holding any financial interest, directly or indirectly, by	1551
stock ownership or through interlocking directors in a	1552
corporation, or otherwise, in the establishment, maintenance, or	1553
promotion of the business or premises of any C or D permit holder,	1554
provided that the following conditions are met:	1555

(A) Either the manufacturer or one of its parent companies is	1556
listed on a national securities exchange.	1557

(B) All purchases of alcoholic beverages by the C or D permit	1558
holder are made from wholesale distributors in this state or	1559
agency stores licensed by the division of liquor control.	1560

(C) If the C or D permit holder sells brands of alcoholic	1561
beverages that are produced or distributed by the manufacturer	1562
that holds the financial interest, the C or D permit holder also	1563
sells other competing brands of alcoholic beverages produced by	1564
other manufacturers, no preference is given to the products of the	1565
manufacturer, and there is no exclusion, in whole or in part, of	1566
products sold or offered for sale by other manufacturers,	1567
suppliers, or importers of alcoholic beverages that constitutes a	1568
substantial impairment of commerce.	1569

(D) The primary purpose of the C or D permit premises is a	1570
purpose other than to sell alcoholic beverages, and the sale of	1571
other goods and services exceeds fifty per cent of the total gross	1572
receipts of the C or D permit holder at its premises.	1573

This section does not prevent a manufacturer from giving	1574
financial assistance to the holder of a B permit for the purpose	1575
of the holder purchasing an ownership interest in the business,	1576
existing inventory and equipment, or property of another B permit	1577
holder, including, but not limited to, participation in a limited	1578
liability partnership, limited liability company, or any other	1579
legal entity authorized to do business in this state. This section	1580
does not permit a manufacturer to give financial assistance to the	1581
holder of a B permit to purchase inventory or equipment used in	1582
the daily operation of a B permit holder.	1583

Sec. 4301.29. (A) Whenever the department of public safety	1584
seizes beer,or intoxicating liquor, or alcohol pursuant to	1585
Chapters 4301. and 4303. of the Revised Code, the department shall	1586
forthwith destroy anyor distribute the beer,or intoxicating	1587
liquor, or alcohol, unless it is determined to be fit for sale. If	1588
the beer, intoxicating liquor, or alcohol is determined to be fit	1589
for sale, it shall be transferred to the department or, beginning	1590
on July 1, 1997, the division of liquor control for disposition	1591
underin accordance with division (D)(4) of section 2933.41 of the	1592
Revised Code.	1593

(B)(1) In case of any seizure of beer,or intoxicating	1594
liquor, or alcohol under execution of any judgment rendered	1595
against the holder of a permit, or in case ofrelation to the	1596
foreclosure of any lien on any beer,or intoxicating liquor, or	1597
alcohol belonging to any sucha holder of a permit, or in case of	1598
relation to the insolvency or bankruptcy of sucha holder of a	1599
permit, or in any other case in which judicial process is employed	1600
to subject any beer,or intoxicating liquor, or alcohol belonging	1601
to or in the possession of the holder of a permit to any claims	1602
whatsoeverclaim, the officerperson seizing suchthe beer,or	1603
intoxicating liquor, or alcohol or taking possession thereof	1604
pursuant to such process shall deliver to the department or	1605
division all beer, intoxicating liquor, or alcohol found in the	1606
possession of the judgment debtor, bankrupt, or person for whom	1607
the officer has been appointed as a receiver. Thereupon the	1608
department or division shall sell such beer, intoxicating liquor,	1609
or alcohol and pay the proceeds of the sale thereof to the officer	1610
holding the process to be disposed of by the officer according to	1611
or the person's designee may sell it, subject to division (B)(2)	1612
of this section, after obtaining the written consent of the	1613
division of liquor control. Proceeds from the sale of the beer or	1614
intoxicating liquor shall be paid in accordance with the	1615
applicable law and the orders of the court issuing suchthe	1616
process.	1617

(2) Beer or intoxicating liquor that is sold under division	1618
(B)(1) of this section shall not be sold to or purchased by the	1619
holder of a liquor permit, an applicant for a liquor permit, or	1620
any other business.	1621

Sec. 4301.30.  All fees collected by the division of liquor	1622
control shall be deposited in the state treasury to the credit of	1623
the undivided liquor permit fund, which is hereby created, at the	1624
time prescribed under section 4301.12 of the Revised Code. Each	1625
payment shall be accompanied by a statement showing separately the	1626
amount collected for each class of permits in each municipal	1627
corporation and in each township outside the limits of any	1628
municipal corporation in such township. An amount equal to	1629
forty-five per cent of the fund shall be paid from the fund into	1630
the general revenue fund.	1631

Twenty per cent of the undivided liquor permit fund shall be	1632
paid into the statewide treatment and prevention fund, which is	1633
hereby created in the state treasury. This amount shall be	1634
appropriated by the general assembly, together with an amount	1635
equal to one and one-half per cent of the gross profit of the	1636
division of liquor control derived under division (B)(4) of	1637
section 4301.10 of the Revised Code, to the department of alcohol	1638
and drug addiction services. In planning for the allocation of and	1639
in allocating these amounts for the purposes of Chapter 3793. of	1640
the Revised Code, the department of alcohol and drug addiction	1641
services shall comply with the nondiscrimination provisions of	1642
Title VI of the Civil Rights Act of 1964, and any rules adopted	1643
under that act.	1644

Thirty-five per cent of the undivided liquor permit fund	1645
shall be distributed by the superintendent of liquor control at	1646
quarterly calendar periods as follows:	1647

(A) To each municipal corporation, the aggregate amount shown	1648
by the statements to have been collected from permits in the	1649
municipal corporation, for the use of the general fund of the	1650
municipal corporation;	1651

(B) To each township, the aggregate amount shown by the	1652
statements to have been collected from permits in its territory,	1653
outside the limits of any municipal corporation located in the	1654
township, for the use of the general fund of the township, or for	1655
fire protection purposes, including buildings and equipment in the	1656
township or in an established fire district within the township,	1657
to the extent that the funds are derived from liquor permits	1658
within the territory comprising such fire district.	1659

For the purpose of the distribution required by this section,	1660
E, H, and D permits covering boats or vessels are deemed to have	1661
been issued in the municipal corporation or township wherein the	1662
owner or operator of the vehicle, boat, vessel, or dining car	1663
equipment to which the permit relates has the owner's or	1664
operator's principal office or place of business within the state.	1665

Such distributions are subject to diminutions for refunds as	1666
prescribed in section 4301.41 of the Revised Code. If the liquor	1667
control commission is of the opiniondetermines that the police or	1668
other officers of any municipal corporation or township entitled	1669
to share in such a distributiondistributions are refusing or	1670
culpably neglecting to enforce this chapter and Chapter 4303. of	1671
the Revised Code, or the penal laws of this state relating to the	1672
manufacture, importation, transportation, distribution, and sale	1673
of beer and intoxicating liquors, or if the prosecuting officer of	1674
a municipal corporation or a municipal court fails to comply with	1675
the request of the commission authorized by division (A)(4) of	1676
section 4301.10 of the Revised Code, the commission, by certified	1677
mail, may notify the chief executive officer of the municipal	1678
corporation or the board of township trustees of the township of	1679
the failure and require the immediate cooperation of the	1680
responsible officers of the municipal corporation or township with	1681
the division of liquor control in the enforcement of those	1682
chapters and penal laws. Within thirty days after the notice is	1683
served, the commission shall determine whether the requirement has	1684
been complied with. If the commission determines that the	1685
requirement has not been complied with, it may issue an order to	1686
the superintendent to withhold the distributive share of the	1687
municipal corporation or township until further order of the	1688
commission. This action of the commission is reviewable within	1689
thirty days thereafter in the court of common pleas of Franklin	1690
county.	1691

Sec. 4301.39.  (A) When the board of elections of any county	1692
determines that a petition for a local option election, presented	1693
pursuant to section 4301.33, 4301.331, 4301.332, 4301.333,	1694
4303.29, or 4305.14 of the Revised Code is sufficient, it shall	1695
forthwith, by mail, notify the division of liquor control of the	1696
fact that such athe petition has been filed and approved by it.	1697
Upon the determination of the results of any such election, the	1698
board shall forthwith notify the division by mail of the result	1699
and shall forward with the notice a plat of the precinct in which	1700
the election was held and, if applicable, shall separately	1701
identify the portion of the precinct affected by the election.	1702

(B) On the plat of a precinct, forwarded with the results of	1703
an election that was held under section 4301.35, 4301.351,	1704
4301.353, 4301.354, or 4303.29 of the Revised Code, the board	1705
shall show and designate all of the streets and highways in the	1706
precinct or relevant portion thereofof the precinct.	1707

(C) On the plat of a precinct, forwarded with the results of	1708
an election that was held under section 4301.352 of the Revised	1709
Code, the board shall show and designate all of the following:	1710

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

1711

(2) The permit premises designated in the petition that was	1712
filed under section 4301.331 of the Revised Code;	1713

(3) A class C or D permit holder's personal or corporate	1714
name, and, if it is different from the permit holder's personal or	1715
corporate name, the name of the business conducted by the permit	1716
holder on the designated premises;	1717

(4) The address of the designated premises.

1718

(D) On the plat of a precinct, forwarded with the results of	1719
an election that was held under section 4301.355 of the Revised	1720
Code, the board shall show and designate all of the following:	1721

(1) All streets and highways in the precinct;

1722

(2) The address of the particular location within the	1723
precinct to which the election results will apply as designated in	1724
the petition that was filed under section 4301.333 of the Revised	1725
Code;	1726

(3) The name of the applicant for the issuance or transfer of	1727
the liquor permit, orof the holder of the liquor permit, or name	1728
of the liquor agency store, including any trade or fictitious	1729
names under which the applicant, holder, or operator intends to,	1730
or does, do business at the particular location, as designated in	1731
the petition that was filed under section 4301.333 of the Revised	1732
Code.	1733

(E) With the results of an election that was held under	1734
section 4301.356 of the Revised Code, the board shall designate	1735
both of the following:	1736

(1) Each permit premises designated in the petition;

1737

(2) Each class C or D permit holder's personal or corporate	1738
name and, if it is different from the personal or corporate name,	1739
the name of the business conducted by the permit holder on the	1740
designated premises.	1741

(F) If an application for recount is filed with the board of	1742
elections pursuant to section 3515.02 of the Revised Code or if an	1743
election contest is commenced pursuant to section 3515.09 of the	1744
Revised Code, the board of elections shall send written notice of	1745
the recount or contest, by certified mail, to the superintendent	1746
of liquor control within two days from the date of the filing of	1747
the application for recount or the commencement of an election	1748
contest. Upon the final determination of an election recount or	1749
contest, the board of elections shall send notice of the final	1750
determination, by certified mail, to the superintendent and the	1751
liquor control commission.	1752

(G) If, as the result of a local option election held	1753
pursuant to section 4301.35, 4301.351, 4301.353, 4301.354,	1754
4303.29, or 4305.14 of the Revised Code, the use of a permit is	1755
made partially unlawful, the division shall, within thirty days	1756
after receipt of the final notice of the result of the election,	1757
pick up andthe permit, amend the permitit by inserting	1758
appropriate restrictions on the permitit, and forthwith reissue	1759
the permitit without charge or refund to the permit holder,	1760
unless, prior to thirty days after receipt of the final notice of	1761
the result of suchthe election, both of the following occur:	1762

(1) A petition is filed with the board of elections pursuant	1763
to section 4301.333 of the Revised Code;	1764

(2) A copy of the petition filed with the board of elections	1765
pursuant to section 4301.333 of the Revised Code, bearing the file	1766
stamp of the board of elections, is filed with the superintendent	1767
of the division of liquor control.	1768

If both of those conditions are met, the results of the	1769
election held pursuant to section 4301.35, 4301.351, 4301.353,	1770
4301.354, 4303.29, or 4305.14 of the Revised Code shall not take	1771
effect as to the liquor permit holder specified in the petition	1772
filed pursuant to section 4301.333 of the Revised Code until the	1773
earlier of a determination by the board of elections and receipt	1774
of notification ofby the superintendent of the division of liquor	1775
control of notice that the petition is invalid or receipt by the	1776
superintendent of final notice of the result of an election held	1777
pursuant to section 4301.355 of the Revised Code concerning the	1778
holder of the liquor permit that resulted in a majority "no" vote.	1779

(H) If, as the result of a local option election, except a	1780
local option election held pursuant to section 4301.352 of the	1781
Revised Code, the use of a permit is made wholly unlawful, the	1782
permit holder may, within thirty days after the certification of	1783
suchthat final result by the board of elections to the division,	1784
deliver the permit holder's permit to the division for safekeeping	1785
as provided in section 4303.272 of the Revised Code, or the permit	1786
holder may avail itself of the remedy set forth in divisions	1787
(G)(1) and (2) of this section. In such event, the results of the	1788
election shall not take effect as to the liquor permit holder	1789
specified in the petition pursuant to section 4301.333 of the	1790
Revised Code until the earlier of a determination by the board of	1791
elections and receipt by the superintendent of the division of	1792
liquor control of notice that the petition is invalid or receipt	1793
by the superintendent of the final notice of the result of an	1794
election held pursuant to section 4301.355 of the Revised Code	1795
concerning the holder of the liquor permit that resulted in a	1796
majority "no" vote.	1797

(I) If a municipal corporation or township has been paid all	1798
the moneys due it from permit fees under section 4301.30 of the	1799
Revised Code, it shall refund to the division ninety per cent of	1800
the money attributed to the unexpired portion of all permits which	1801
are still in force at the time of a local option election that	1802
makes use of the permits unlawful, except that no refund shall be	1803
made for the unexpired portion of a license year that is less than	1804
thirty days. Failure of the municipal corporation or township to	1805
refund the amount due entitles the permit holders to operate under	1806
their permits until the refund has been made.	1807

(J) If a municipal corporation or township has been paid all	1808
the money due it from permit fees under section 4301.30 of the	1809
Revised Code, it shall refund to the division ninety per cent of	1810
the money attributable to the unexpired portion of a permit at the	1811
time a local option election under section 4301.352 of the Revised	1812
Code makes use of the permit unlawful, except that no refund shall	1813
be made for the unexpired portion of a license year that is less	1814
than thirty days. Failure of the municipal corporation or township	1815
to refund the amount due entitles the permit holder to operate	1816
under the permit until the refund has been made.	1817

Sec. 4301.41.  Whenever the division of liquor control	1818
cancels a permit, the division shall refund to its holder, or to	1819
the holder's executors, administrators, receivers, or trustees in	1820
bankruptcy, or to an assignee for the benefit of the holder's	1821
creditors, a proportionate amount representing the unexpired	1822
portion of the holder's permit year, except that such refund shall	1823
in no event be more than ninety per cent of such fee, and if the	1824
unexpired portion of the license year is less than thirty days, no	1825
refund shall be made. When the superintendent of liquor control	1826
considers it advisable to cancel the unexpired portion of an	1827
outstandinga permit in order that suchthe permit or permits,	1828
held by the permittee, may be issued on a uniform expiration date	1829
designated by the superintendent, the division of liquor control	1830
may credit or refund the unexpired portion of permit fees	1831
outstanding or collect any additional amounts due resulting from	1832
the uniform expiration date so fixed. Notice of sucha change of	1833
the expiration date and suchof a credit, refund, or additional	1834
amounts to be credited, refunded, or paid shall be given by the	1835
division to the permitteeholder of the permit at least thirty	1836
days prior to the due date. Such refund shall be made subject to	1837
the order of the division, and at the next distribution of permit	1838
fee revenues, the amount refunded shall be withheld from the	1839
moneys due to the subdivision which received the original permit	1840
fee.	1841

Sec. 4301.424.  (A) For the purpose of section 351.26 of the	1842
Revised Code and to pay any or all of the charge the board of	1843
elections makes against the county to hold the election on the	1844
question of levying the tax, the board of county commissioners, in	1845
the manner prescribed by division (A) of section 351.26 of the	1846
Revised Code, may levy a tax on each gallon of spirituous liquor;	1847
on the sale of beer; and on the sale of wine and mixed beverages.	1848
The tax on spirituous liquor shall be imposed on spirituous liquor	1849
sold to or purchased by liquor permit holders for resale, and sold	1850
at retail by the departmentdivision of liquor control, in the	1851
county at a rate not greater than three dollars per gallon; the	1852
tax on beer, wine, and mixed beverages shall be imposed on all	1853
beer, wine, and mixed beverages sold for resale at retail in the	1854
county, and on all beer, wine, and mixed beverages sold at retail	1855
in the county by the manufacturer, bottler, importer, or other	1856
person and upon which the tax has not been paid. The rate of the	1857
tax on beer shall not exceed sixteen cents per gallon, and the	1858
rate of the tax on wine and mixed beverages shall not exceed	1859
thirty-two cents per gallon. Only one sale of the same article	1860
shall be used in computing, reporting, and paying the amount of	1861
tax due. The tax may be levied for any number of years not	1862
exceeding twenty.	1863

The tax shall be levied pursuant to a resolution of the board	1864
of county commissioners adopted as prescribed by division (A) of	1865
section 351.26 of the Revised Code and approved by a majority of	1866
the electors in the county voting on the question of levying the	1867
tax. The resolution shall specify the rates of the tax, the number	1868
of years the tax will be levied, and the purposes for which the	1869
tax is levied. Such election may be held on the date of a general	1870
or special election held not sooner than seventy-five days after	1871
the date the board certifies its resolution to the board of	1872
elections. If approved by the electors, the tax takes effect on	1873
the first day of the month specified in the resolution but not	1874
sooner than the first day of the month that is at least sixty days	1875
after the certification of the election results by the board of	1876
elections. A copy of the resolution levying the tax shall be	1877
certified to the departmentdivision of liquor control and the tax	1878
commissioner at least sixty days prior to the date on which the	1879
tax is to become effective.	1880

(B) A resolution under this section may be joined on the	1881
ballot as a single question with a resolution adopted under	1882
section 5743.026 of the Revised Code to levy a tax for the same	1883
purposes, and for the purpose of paying the expenses of	1884
administering that tax.	1885

(C) The form of the ballot in an election held on the	1886
question of levying a tax proposed pursuant to this section shall	1887
be as prescribed by section 351.26 of the Revised Code.	1888

Sec. 4301.77. The division of liquor control may provide the	1889
social security number of an individual that the division	1890
possesses to the department of public safety, the department of	1891
taxation, the office of the attorney general, or any other state	1892
or local law enforcement agency if the department, office, or	1893
other state or local law enfocement agency requests the social	1894
security number from the division to conduct an investigation,	1895
implement an enforcement action, or collect taxes.	1896

Sec. 4301.99.  (A) Whoever violates section 4301.47, 4301.48,	1897
4301.49, 4301.62, or 4301.70 or division (B) of section 4301.691	1898
of the Revised Code is guilty of a minor misdemeanor.	1899

(B) Whoever violates section 4301.15, division (A)(2) or (D)	1900
(C) of section 4301.22, division (C), (D), (E), (F), (G), (H), or	1901
(I) of section 4301.631, or section 4301.64 or 4301.67 of the	1902
Revised Code is guilty of a misdemeanor of the fourth degree.	1903

If an offender who violates section 4301.64 of the Revised	1904
Code was under the age of eighteen years at the time of the	1905
offense, the court, in addition to any other penalties it imposes	1906
upon the offender, shall suspend the offender's temporary	1907
instruction permit, probationary driver's license, or driver's	1908
license for a period of not less than six months and not more than	1909
one year. If the offender is fifteen years and six months of age	1910
or older and has not been issued a temporary instruction permit or	1911
probationary driver's license, the offender shall not be eligible	1912
to be issued such a license or permit for a period of six months.	1913
If the offender has not attained the age of fifteen years and six	1914
months, the offender shall not be eligible to be issued a	1915
temporary instruction permit until the offender attains the age of	1916
sixteen years.	1917

(C) Whoever violates division (D) of section 4301.21, or	1918
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.633, 4301.66,	1919
4301.68, or 4301.74, division (B), (C), (D), (E)(1), or (F) of	1920
section 4301.69 of the Revised Code, or division (C), (D), (E),	1921
(F), (G), or (I) of section 4301.691 of the Revised Code is guilty	1922
of a misdemeanor of the first degree.	1923

If an offender who violates division (E)(1) of section	1924
4301.69 of the Revised Code was under the age of eighteen years at	1925
the time of the offense and the offense occurred while the	1926
offender was the operator of or a passenger in a motor vehicle,	1927
the court, in addition to any other penalties it imposes upon the	1928
offender, shall suspend the offender's temporary instruction	1929
permit or probationary driver's license for a period of not less	1930
than six months and not more than one year. If the offender is	1931
fifteen years and six months of age or older and has not been	1932
issued a temporary instruction permit or probationary driver's	1933
license, the offender shall not be eligible to be issued such a	1934
license or permit for a period of six months. If the offender has	1935
not attained the age of fifteen years and six months, the offender	1936
shall not be eligible to be issued a temporary instruction permit	1937
until the offender attains the age of sixteen years.	1938

(D) Whoever violates division (B) of section 4301.14, or	1939
division (A)(1) or (3),or (B), or (C) of section 4301.22 of the	1940
Revised Code is guilty of a misdemeanor of the third degree.	1941

(E) Whoever violates section 4301.63 or division (B) of	1942
section 4301.631 of the Revised Code shall be fined not less than	1943
twenty-five nor more than one hundred dollars. The court imposing	1944
a fine for a violation of section 4301.63 or division (B) of	1945
section 4301.631 of the Revised Code may order that the fine be	1946
paid by the performance of public work at a reasonable hourly rate	1947
established by the court. The court shall designate the time	1948
within which the public work shall be completed.	1949

(F)(1) Whoever violates section 4301.634 of the Revised Code	1950
is guilty of a misdemeanor of the first degree. If, in committing	1951
a first violation of that section, the offender presented to the	1952
permit holder or the permit holder's employee or agent a false,	1953
fictitious, or altered identification card, a false or fictitious	1954
driver's license purportedly issued by any state, or a driver's	1955
license issued by any state that has been altered, the offender is	1956
guilty of a misdemeanor of the first degree and shall be fined not	1957
less than two hundred fifty and not more than one thousand	1958
dollars, and may be sentenced to a term of imprisonment of not	1959
more than six months.	1960

(2) On a second violation in which, for the second time, the	1961
offender presented to the permit holder or the permit holder's	1962
employee or agent a false, fictitious, or altered identification	1963
card, a false or fictitious driver's license purportedly issued by	1964
any state, or a driver's license issued by any state that has been	1965
altered, the offender is guilty of a misdemeanor of the first	1966
degree and shall be fined not less than five hundred nor more than	1967
one thousand dollars, and may be sentenced to a term of	1968
imprisonment of not more than six months. The court also may	1969
impose a class seven suspension of the offender's driver's or	1970
commercial driver's license or permit or nonresident operating	1971
privilege from the range specified in division (A)(7) of section	1972
4510.02 of the Revised Code.	1973

(3) On a third or subsequent violation in which, for the	1974
third or subsequent time, the offender presented to the permit	1975
holder or the permit holder's employee or agent a false,	1976
fictitious, or altered identification card, a false or fictitious	1977
driver's license purportedly issued by any state, or a driver's	1978
license issued by any state that has been altered, the offender is	1979
guilty of a misdemeanor of the first degree and shall be fined not	1980
less than five hundred nor more than one thousand dollars, and may	1981
be sentenced to a term of imprisonment of not more than six	1982
months. The court also shall impose a class six suspension of the	1983
offender's driver's or commercial driver's license or permit or	1984
nonresident operating privilege from the range specified in	1985
division (A)(6) of section 4510.02 of the Revised Code, and the	1986
court may order that the suspension or denial remain in effect	1987
until the offender attains the age of twenty-one years. The court	1988
also may order the offender to perform a determinate number of	1989
hours of community service, with the court determining the actual	1990
number of hours and the nature of the community service the	1991
offender shall perform.	1992

(G) Whoever violates section 4301.636 of the Revised Code is	1993
guilty of a felony of the fifth degree.	1994

(H) Whoever violates division (A)(1) of section 4301.22 of	1995
the Revised Code is guilty of a misdemeanor, shall be fined not	1996
less than five hundred and not more than one thousand dollars,	1997
and, in addition to the fine, may be imprisoned for a definite	1998
term of not more than sixty days.	1999

(I) Whoever violates division (A) of section 4301.69 or	2000
division (H) of section 4301.691 of the Revised Code is guilty of	2001
a misdemeanor, shall be fined not less than five hundred and not	2002
more than one thousand dollars, and, in addition to the fine, may	2003
be imprisoned for a definite term of not more than six months.	2004

Sec. 4303.03.  Permit A-2 may be issued to a manufacturer to	2005
manufacture wine from grapes or other fruits grown in the state,	2006
if obtainable, otherwise to import such fruits after submitting an	2007
affidavit of nonavailability to the division of liquor control; to	2008
import and purchase wine in bond for blending purposes, the total	2009
amount of wine so imported during the year covered by the permit	2010
not to exceed forty per cent of all the wine manufactured and	2011
imported; to manufacture, purchase, and import brandy for	2012
fortifying purposes; and to sell suchthose products either in	2013
glass or container for consumption on the premises where	2014
manufactured, for home use, and to retail and wholesale permit	2015
holders under suchthe rules as are adopted by the division.	2016

The fee for this permit is one hundred twenty-six dollars for	2017
each plant producing one hundred wine barrels, of fifty gallons	2018
each, or less annually. This initial fee shall be increased at the	2019
rate of ten cents per such barrel for all wine manufactured in	2020
excess of one hundred barrels during the year covered by theto	2021
which this permit is issued.	2022

Sec. 4303.07.  Permit B-2 may be issued to a wholesale	2023
distributor of wine to purchase from holders of A-2 and B-5	2024
permits and distribute or sell suchthat product, in the original	2025
container in which it was placed by the B-5 permit holder or	2026
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,	2027
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	2028
D-5h, D-5i, D-5j, D-5k, and E permit holders, and for home use.	2029
The fee for this permit is five hundred dollars for each	2030
distributing plant or warehouse. The initial fee shall be	2031
increased ten cents per wine barrel of fifty gallons for all wine	2032
distributed and sold in this state in excess of twelve hundred	2033
fifty such barrels during the year covered by the permit.	2034

Sec. 4303.09.  Permit B-4 may be issued to a wholesale	2035
distributor to purchase from the holders of A-4 permits and to	2036
import, distribute, and sell prepared and bottled highballs,	2037
cocktails, cordials, and other mixed beverages containing not less	2038
than four per cent of alcohol by volume and not more than	2039
twenty-one per cent of alcohol by volume to retail permit holders,	2040
and for home use, under rules adopted by the division of liquor	2041
control. The formula and samples of all suchof those beverages to	2042
be handled by the permit holder shall be submitted to the division	2043
for its analysis and the approval of the division before such	2044
those beverages may be sold and distributed in this state. All	2045
labels and advertising matter used by the holders of this permit	2046
shall be approved by the division before they may be used in this	2047
state. The fee for this permit shall be computed on the basis of	2048
annual sales, and the initial fee is five hundred dollars for each	2049
distributing plant or warehouse. The initial fee shall be	2050
increased at the rate of ten cents per wine barrel of fifty	2051
gallons for all such beverages distributed and sold in this state	2052
in excess of one thousand such barrels during the year covered by	2053
the permit.	2054

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	2055
owner or operator of a hotel or motel that is required to be	2056
licensed under section 3731.03 of the Revised Code, that contains	2057
at least fifty rooms for registered transient guests or is owned	2058
by a state institution of higher education as defined in section	2059
3345.011 of the Revised Code or a private college or university,	2060
and that qualifies under the other requirements of this section,	2061
or to the owner or operator of a restaurant specified under this	2062
section, to sell beer and any intoxicating liquor at retail, only	2063
by the individual drink in glass and from the container, for	2064
consumption on the premises where sold, and to registered guests	2065
in their rooms, which may be sold by means of a controlled access	2066
alcohol and beverage cabinet in accordance with division (B) of	2067
section 4301.21 of the Revised Code; and to sell the same products	2068
in the same manner and amounts not for consumption on the premises	2069
as may be sold by holders of D-1 and D-2 permits. The premises of	2070
the hotel or motel shall include a retail food establishment or a	2071
food service operation licensed pursuant to Chapter 3717. of the	2072
Revised Code that operates as a restaurant for purposes of this	2073
chapter and that is affiliated with the hotel or motel and within	2074
or contiguous to the hotel or motel, and that serves food within	2075
the hotel or motel, but the principal business of the owner or	2076
operator of the hotel or motel shall be the accommodation of	2077
transient guests. In addition to the privileges authorized in this	2078
division, the holder of a D-5a permit may exercise the same	2079
privileges as the holder of a D-5 permit.	2080

The owner or operator of a hotel, motel, or restaurant who	2081
qualified for and held a D-5a permit on August 4, 1976, may, if	2082
the owner or operator held another permit before holding a D-5a	2083
permit, either retain a D-5a permit or apply for the permit	2084
formerly held, and the division of liquor control shall issue the	2085
permit for which the owner or operator applies and formerly held,	2086
notwithstanding any quota.	2087

A D-5a permit shall not be transferred to another location.	2088
No quota restriction shall be placed on the number of suchD-5a	2089
permits that may be issued.	2090

The fee for this permit is two thousand three hundred	2091
forty-four dollars.	2092

(B) Permit D-5b may be issued to the owner, operator, tenant,	2093
lessee, or occupant of an enclosed shopping center to sell beer	2094
and intoxicating liquor at retail, only by the individual drink in	2095
glass and from the container, for consumption on the premises	2096
where sold; and to sell the same products in the same manner and	2097
amount not for consumption on the premises as may be sold by	2098
holders of D-1 and D-2 permits. In addition to the privileges	2099
authorized in this division, the holder of a D-5b permit may	2100
exercise the same privileges as a holder of a D-5 permit.	2101

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

2102

One D-5b permit may be issued at an enclosed shopping center	2103
containing at least two hundred twenty-five thousand, but less	2104
than four hundred thousand, square feet of floor area.	2105

Two D-5b permits may be issued at an enclosed shopping center	2106
containing at least four hundred thousand square feet of floor	2107
area. No more than one D-5b permit may be issued at an enclosed	2108
shopping center for each additional two hundred thousand square	2109
feet of floor area or fraction of that floor area, up to a maximum	2110
of five D-5b permits for each enclosed shopping center. The number	2111
of D-5b permits that may be issued at an enclosed shopping center	2112
shall be determined by subtracting the number of D-3 and D-5	2113
permits issued in the enclosed shopping center from the number of	2114
D-5b permits that otherwise may be issued at the enclosed shopping	2115
center under the formulas provided in this division. Except as	2116
provided in this section, no quota shall be placed on the number	2117
of D-5b permits that may be issued. Notwithstanding any quota	2118
provided in this section, the holder of any D-5b permit first	2119
issued in accordance with this section is entitled to its renewal	2120
in accordance with section 4303.271 of the Revised Code.	2121

The holder of a D-5b permit issued before April 4, 1984,	2122
whose tenancy is terminated for a cause other than nonpayment of	2123
rent, may return the D-5b permit to the division of liquor	2124
control, and the division shall cancel that permit. Upon	2125
cancellation of that permit and upon the permit holder's payment	2126
of taxes, contributions, premiums, assessments, and other debts	2127
owing or accrued upon the date of cancellation to this state and	2128
its political subdivisions and a filing with the division of a	2129
certification of that payment, the division shall issue to that	2130
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	2131
that person requests. The division shall issue the D-5 permit, or	2132
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	2133
D-3, or D-5 permits currently issued in the municipal corporation	2134
or in the unincorporated area of the township where that person's	2135
proposed premises is located equals or exceeds the maximum number	2136
of such permits that can be issued in that municipal corporation	2137
or in the unincorporated area of that township under the	2138
population quota restrictions contained in section 4303.29 of the	2139
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	2140
be transferred to another location. If a D-5b permit is canceled	2141
under the provisions of this paragraph, the number of D-5b permits	2142
that may be issued at the enclosed shopping center for which the	2143
D-5b permit was issued, under the formula provided in this	2144
division, shall be reduced by one if the enclosed shopping center	2145
was entitled to more than one D-5b permit under the formula.	2146

The fee for this permit is two thousand three hundred	2147
forty-four dollars.	2148

(C) Permit D-5c may be issued to the owner or operator of a	2149
retail food establishment or a food service operation licensed	2150
pursuant to Chapter 3717. of the Revised Code that operates as a	2151
restaurant for purposes of this chapter and that qualifies under	2152
the other requirements of this section to sell beer and any	2153
intoxicating liquor at retail, only by the individual drink in	2154
glass and from the container, for consumption on the premises	2155
where sold, and to sell the same products in the same manner and	2156
amounts not for consumption on the premises as may be sold by	2157
holders of D-1 and D-2 permits. In addition to the privileges	2158
authorized in this division, the holder of a D-5c permit may	2159
exercise the same privileges as the holder of a D-5 permit.	2160

To qualify for a D-5c permit, the owner or operator of a	2161
retail food establishment or a food service operation licensed	2162
pursuant to Chapter 3717. of the Revised Code that operates as a	2163
restaurant for purposes of this chapter, shall have operated the	2164
restaurant at the proposed premises for not less than twenty-four	2165
consecutive months immediately preceding the filing of the	2166
application for the permit, have applied for a D-5 permit no later	2167
than December 31, 1988, and appear on the division's quota waiting	2168
list for not less than six months immediately preceding the filing	2169
of the application for the permit. In addition to these	2170
requirements, the proposed D-5c permit premises shall be located	2171
within a municipal corporation and further within an election	2172
precinct that, at the time of the application, has no more than	2173
twenty-five per cent of its total land area zoned for residential	2174
use.	2175

A D-5c permit shall not be transferred to another location.	2176
No quota restriction shall be placed on the number of such permits	2177
that may be issued.	2178

Any person who has held a D-5c permit for at least two years	2179
may apply for a D-5 permit, and the division of liquor control	2180
shall issue the D-5 permit notwithstanding the quota restrictions	2181
contained in section 4303.29 of the Revised Code or in any rule of	2182
the liquor control commission.	2183

The fee for this permit is one thousand five hundred	2184
sixty-three dollars.	2185

(D) Permit D-5d may be issued to the owner or operator of a	2186
retail food establishment or a food service operation licensed	2187
pursuant to Chapter 3717. of the Revised Code that operates as a	2188
restaurant for purposes of this chapter and that is located at an	2189
airport operated by a board of county commissioners pursuant to	2190
section 307.20 of the Revised Code, at an airport operated by a	2191
port authority pursuant to Chapter 4582. of the Revised Code, or	2192
at an airport operated by a regional airport authority pursuant to	2193
Chapter 308. of the Revised Code. The holder of a D-5d permit may	2194
sell beer and any intoxicating liquor at retail, only by the	2195
individual drink in glass and from the container, for consumption	2196
on the premises where sold, and may sell the same products in the	2197
same manner and amounts not for consumption on the premises where	2198
sold as may be sold by the holders of D-1 and D-2 permits. In	2199
addition to the privileges authorized in this division, the holder	2200
of a D-5d permit may exercise the same privileges as the holder of	2201
a D-5 permit.	2202

A D-5d permit shall not be transferred to another location.	2203
No quota restrictions shall be placed on the number of such	2204
permits that may be issued.	2205

The fee for this permit is two thousand three hundred	2206
forty-four dollars.	2207

(E) Permit D-5e may be issued to any nonprofit organization	2208
that is exempt from federal income taxation under the "Internal	2209
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	2210
amended, or that is a charitable organization under any chapter of	2211
the Revised Code, and that owns or operates a riverboat that meets	2212
all of the following:	2213

(1) Is permanently docked at one location;

2214

(2) Is designated as an historical riverboat by the Ohio	2215
historical society;	2216

(3) Contains not less than fifteen hundred square feet of	2217
floor area;	2218

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

2219

The holder of a D-5e permit may sell beer and intoxicating	2220
liquor at retail, only by the individual drink in glass and from	2221
the container, for consumption on the premises where sold.	2222

A D-5e permit shall not be transferred to another location.	2223
No quota restriction shall be placed on the number of such permits	2224
that may be issued. The population quota restrictions contained in	2225
section 4303.29 of the Revised Code or in any rule of the liquor	2226
control commission shall not apply to this division, and the	2227
division shall issue a D-5e permit to any applicant who meets the	2228
requirements of this division. However, the division shall not	2229
issue a D-5e permit if the permit premises or proposed permit	2230
premises are located within an area in which the sale of	2231
spirituous liquor by the glass is prohibited.	2232

The fee for this permit is one thousand two hundred nineteen	2233
dollars.	2234

(F) Permit D-5f may be issued to the owner or operator of a	2235
retail food establishment or a food service operation licensed	2236
under Chapter 3717. of the Revised Code that operates as a	2237
restaurant for purposes of this chapter and that meets all of the	2238
following:	2239

(1) It contains not less than twenty-five hundred square feet	2240
of floor area.	2241

(2) It is located on or in, or immediately adjacent to, the	2242
shoreline of, a navigable river.	2243

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

2244

(4) It provides entertainment and recreation, provided that	2245
not less than fifty per cent of the business on the permit	2246
premises shall be preparing and serving meals for a consideration.	2247

In addition, each application for a D-5f permit shall be	2248
accompanied by a certification from the local legislative	2249
authority that the issuance of the D-5f permit is not inconsistent	2250
with that political subdivision's comprehensive development plan	2251
or other economic development goal as officially established by	2252
the local legislative authority.	2253

The holder of a D-5f permit may sell beer and intoxicating	2254
liquor at retail, only by the individual drink in glass and from	2255
the container, for consumption on the premises where sold.	2256

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

2257

The division of liquor control shall not issue a D-5f permit	2258
if the permit premises or proposed permit premises are located	2259
within an area in which the sale of spirituous liquor by the glass	2260
is prohibited.	2261

A fee for this permit is two thousand three hundred	2262
forty-four dollars.	2263

As used in this division, "navigable river" means a river	2264
that is also a "navigable water" as defined in the "Federal Power	2265
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	2266

(G) Permit D-5g may be issued to a nonprofit corporation that	2267
is either the owner or the operator of a national professional	2268
sports museum. The holder of a D-5g permit may sell beer and any	2269
intoxicating liquor at retail, only by the individual drink in	2270
glass and from the container, for consumption on the premises	2271
where sold. The holder of a D-5g permit shall sell no beer or	2272
intoxicating liquor for consumption on the premises where sold	2273
after one a.m. A D-5g permit shall not be transferred to another	2274
location. No quota restrictions shall be placed on the number of	2275
D-5g permits that may be issued. The fee for this permit is one	2276
thousand eight hundred seventy-five dollars.	2277

(H) Permit D-5h may be issued to any nonprofit organization	2278
that is exempt from federal income taxation under the "Internal	2279
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	2280
amended, that owns or operates a fine arts museum and has no less	2281
than five thousand bona fide members possessing full membership	2282
privileges. The holder of a D-5h permit may sell beer and any	2283
intoxicating liquor at retail, only by the individual drink in	2284
glass and from the container, for consumption on the premises	2285
where sold. The holder of a D-5h permit shall sell no beer or	2286
intoxicating liquor for consumption on the premises where sold	2287
after one a.m. A D-5h permit shall not be transferred to another	2288
location. No quota restrictions shall be placed on the number of	2289
D-5h permits that may be issued. The fee for this permit is one	2290
thousand eight hundred seventy-five dollars.	2291

(I) Permit D-5i may be issued to the owner or operator of a	2292
retail food establishment or a food service operation licensed	2293
under Chapter 3717. of the Revised Code that operates as a	2294
restaurant for purposes of this chapter and that meets all of the	2295
following requirements:	2296

(1) It is located in a municipal corporation or a township	2297
with a population of seventy-five thousand or less.	2298

(2) It has inside seating capacity for at least one hundred	2299
forty persons.	2300

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

2301

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

2302

(5) Its receipts from beer and liquor sales do not exceed	2303
twenty-five per cent of its total gross receipts.	2304

(6) TheIt has at least one of the following characteristics:

2305

(a) The value of its real and personal property exceeds seven	2306
hundred twenty-five thousand dollars.	2307

(b) It is located on property that is owned or leased by the	2308
state or a state agency, and its owner or operator has	2309
authorization from the state or the state agency that owns or	2310
leases the property to obtain a D-5i permit.	2311

The holder of a D-5i permit shall cause an independent audit	2312
to be performed at the end of one full year of operation following	2313
issuance of the permit in order to verify the requirements of	2314
division (I)(5) of this section. The results of the independent	2315
audit shall be transmitted to the division. Upon determining that	2316
the receipts of the holder from beer and liquor sales exceeded	2317
twenty-five per cent of its total gross receipts, the division	2318
shall suspend the permit of the permit holder under section	2319
4301.25 of the Revised Code and may allow the permit holder to	2320
elect a forfeiture under section 4301.252 of the Revised Code.	2321

The holder of a D-5i permit may sell beer and any	2322
intoxicating liquor at retail, only by the individual drink in	2323
glass and from the container, for consumption on the premises	2324
where sold, and may sell the same products in the same manner and	2325
amounts not for consumption on the premises where sold as may be	2326
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	2327
permit shall sell no beer or intoxicating liquor for consumption	2328
on the premises where sold after two-thirty a.m. In addition to	2329
the privileges authorized in this division, the holder of a D-5i	2330
permit may exercise the same privileges as the holder of a D-5	2331
permit.	2332

A D-5i permit shall not be transferred to another location.	2333
The division of liquor control shall not renew a D-5i permit	2334
unless the retail food establishment or food service operation for	2335
which it is issued continues to meet the requirements described in	2336
divisions (I)(1) to (6) of this section. No quota restrictions	2337
shall be placed on the number of D-5i permits that may be issued.	2338
The fee for thisthe D-5i permit is two thousand three hundred	2339
forty-four dollars.	2340

(J)(1) Permit D-5j may be issued to the owner or the operator	2341
of a retail food establishment or a food service operation	2342
licensed under Chapter 3717. of the Revised Code to sell beer and	2343
intoxicating liquor at retail, only by the individual drink in	2344
glass and from the container, for consumption on the premises	2345
where sold and to sell beer and intoxicating liquor in the same	2346
manner and amounts not for consumption on the premises where sold	2347
as may be sold by the holders of D-1 and D-2 permits. The holder	2348
of a D-5j permit may exercise the same privileges, and shall	2349
observe the same hours of operation, as the holder of a D-5	2350
permit.	2351

(2) The D-5j permit shall be issued only within a community	2352
entertainment district that is designated under section 4301.80 of	2353
the Revised Code and that meets one of the following	2354
qualifications:	2355

(a) It is located in a municipal corporation with a	2356
population of at least one hundred thousand.	2357

(b) It is located in a municipal corporation with a	2358
population of at least twenty thousand, and either of the	2359
following applies:	2360

(i) It contains an amusement park the rides of which have	2361
been issued a permit by the department of agriculture under	2362
Chapter 1711. of the Revised Code.	2363

(ii) Not less than fifty million dollars will be invested in	2364
development and construction in the community entertainment	2365
district's area located in the municipal corporation.	2366

(c) It is located in a township with a population of at least	2367
forty thousand.	2368

(3) The location of a D-5j permit may be transferred only	2369
within the geographic boundaries of the community entertainment	2370
district in which it was issued and shall not be transferred	2371
outside the geographic boundaries of that district.	2372

(4) Not more than one D-5j permit shall be issued within each	2373
community entertainment district for each five acres of land	2374
located within the district. Not more than fifteen D-5j permits	2375
may be issued within a single community entertainment district.	2376
Except as otherwise provided in division (J)(4) of this section,	2377
no quota restrictions shall be placed upon the number of D-5j	2378
permits that may be issued.	2379

(5) The fee for a D-5j permit is two thousand three hundred	2380
forty-four dollars.	2381

(K)(1) Permit D-5k may be issued to any nonprofit	2382
organization that is exempt from federal income taxation under the	2383
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	2384
501(c)(3), as amended, that is the owner or operator of a	2385
botanical garden recognized by the American association of	2386
botanical gardens and arboreta, and that has not less than	2387
twenty-five hundred bona fide members.	2388

(2) The holder of a D-5k permit may sell beer and any	2389
intoxicating liquor at retail, only by the individual drink in	2390
glass and from the container, on the premises where sold.	2391

(3) The holder of a D-5k permit shall sell no beer or	2392
intoxicating liquor for consumption on the premises where sold	2393
after one a.m.	2394

(4) A D-5k permit shall not be transferred to another	2395
location.	2396

(5) No quota restrictions shall be placed on the number of	2397
D-5k permits that may be issued.	2398

(6) The fee for the D-5k permit is one thousand eight hundred	2399
seventy-five dollars.	2400

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

2401

(1) "Convention facility" and "nonprofit corporation" have	2402
the same meanings as in section 4303.201 of the Revised Code.	2403

(2) "Hotel" means a hotel described in section 3731.01 of the	2404
Revised Code that has at least fifty rooms for registered	2405
transient guests and that is required to be licensed pursuant to	2406
section 3731.03 of the Revised Code.	2407

(B) An F-3 permit may be issued to an organization whose	2408
primary purpose is to support, promote, and educate members of the	2409
beer, wine, or mixed beverage industries, to allow the	2410
organization to bring beer, wine, or mixed beverages in their	2411
original packages or containers into a convention facility or	2412
hotel for consumption in the facility or hotel, if all of the	2413
following requirements are met:	2414

(1) The superintendent of liquor control is satisfied that	2415
the organization is a nonprofit organization and that the	2416
organization's membership is in excess of two hundred fifty	2417
persons.	2418

(2) The general manager or the equivalent officer of the	2419
convention facility or hotel provides a written consent for the	2420
use of a portion of the facility or hotel by the organization and	2421
a written statement that the facility's or hotel's permit	2422
privileges will be suspended in the portion of the facility or	2423
hotel in which the F-3 permit is in force.	2424

(3) The organization provides a written description that	2425
clearly sets forth the portion of the convention facility or hotel	2426
in which the F-3 permit will be used.	2427

(4) The organization provides a written statement as to its	2428
primary purpose and the purpose of its event at the convention	2429
facility or hotel.	2430

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

2431

(C) No F-3 permit shall be issued to any nonprofit	2432
organization that is created by or for a specific manufacturer,	2433
supplier, distributor, or retailer of beer, wine, or mixed	2434
beverages.	2435

(D) Notwithstanding division (E)(D) of section 4301.22 of the	2436
Revised Code, a holder of an F-3 permit may obtain by donation	2437
beer, wine, or mixed beverages from any manufacturer or producer	2438
of beer, wine, or mixed beverages.	2439

(E) Nothing in this chapter prohibits the holder of an F-3	2440
permit from bringing into the portion of the convention facility	2441
or hotel covered by the permit beer, wine, or mixed beverages	2442
otherwise not approved for sale in this state.	2443

(F) Notwithstanding division (E)(D) of section 4301.22 of the	2444
Revised Code, no holder of an F-3 permit shall make any charge for	2445
any beer, wine, or mixed beverage served by the drink, or in its	2446
original package or container, in connection with the use of the	2447
portion of the convention facility or hotel covered by the permit.	2448

(G) The division of liquor control shall prepare and make	2449
available an F-3 permit application form and may require	2450
applicants for the permit to provide information, in addition to	2451
that required by this section, that is necessary for the	2452
administration of this section.	2453

(H) An F-3 permit shall be effective for a period not to	2454
exceed five consecutive days. The division of liquor control shall	2455
not issue more than three F-3 permits per calendar year to the	2456
same nonprofit organization. The fee for an F-3 permit is three	2457
hundred dollars.	2458

Sec. 4303.204. (A) The division of liquor control may issue	2459
an F-4 permit to an association or corporation organized	2460
not-for-profit in this state to conduct an event that includes the	2461
introduction, showcasing, or promotion of Ohio wines, if the event	2462
has all of the following characteristics:	2463

(1) It is coordinated by that association or corporation, and	2464
the association or corporation is responsible for the activities	2465
at it.	2466

(2) It has as one of its purposes the intent to introduce,	2467
showcase, or promote Ohio wines to persons who attend it.	2468

(3) It includes the sale of food for consumption on the	2469
premises where sold.	2470

(4) It features at least three A-2 permit holders who sell	2471
Ohio wine at it.	2472

(B) The holder of an F-4 permit may furnish, with or without	2473
charge, wine that it has obtained from the A-2 permit holders that	2474
are participating in the event for which the F-4 permit is issued,	2475
in two-ounce samples for consumption on the premises where	2476
furnished and may sell such wine by the glass for consumption on	2477
the premises where sold. The holder of an A-2 permit that is	2478
participating in the event for which the F-4 permit is issued may	2479
sell wine that it has manufactured, in sealed containers for	2480
consumption off the premises where sold. Wine may be furnished or	2481
sold on the premises of the event for which the F-4 permit is	2482
issued only where and when the sale of wine is otherwise permitted	2483
by law.	2484

(C) The premises of the event for which the F-4 permit is	2485
issued shall be clearly defined and sufficiently restricted to	2486
allow proper enforcement of the permit by state and local law	2487
enforcement officers. If an F-4 permit is issued for all or a	2488
portion of the same premises for which another class of permit is	2489
issued, that permit holder's privileges will be suspended in that	2490
portion of the premises in which the F-4 permit is in effect.	2491

(D) No F-4 permit shall be effective for more than	2492
seventy-two consecutive hours. No sales or furnishing of wine	2493
shall take place under an F-4 permit after one a.m.	2494

(E) The division shall not issue more than six F-4 permits to	2495
the same not-for-profit association or corporation in any one	2496
calendar year.	2497

(F) An applicant for an F-4 permit shall apply for the permit	2498
not later than thirty days prior to the first day of the event for	2499
which the permit is sought. The application for the permit shall	2500
list all of the A-2 permit holders that will participate in the	2501
event for which the F-4 permit is sought. The fee for the F-4	2502
permit is sixty dollars per day.	2503

The division shall prepare and make available an F-4 permit	2504
application form and may require applicants for and holders of the	2505
F-4 permit to provide information that is in addition to that	2506
required by this section and that is necessary for the	2507
administration of this section.	2508

(G)(1) The holder of an F-4 permit is responsible for, and is	2509
subject to penalties for, any violations of this chapter or	2510
Chapter 4301. of the Revised Code or the rules adopted under this	2511
and that chapter.	2512

(2) An F-4 permit holder shall not allow an A-2 permit holder	2513
to participate in the event for which the F-4 permit is issued if	2514
the A-2 or A-1-A permit of that A-2 permit holder is under	2515
suspension.	2516

(3) The division may refuse to issue an F-4 permit to an	2517
applicant who has violated any provision of this chapter or	2518
Chapter 4301. of the Revised Code during the applicant's previous	2519
operation under an F-4 permit, for a period of up to two years	2520
after the date of the violation.	2521

(H)(1) Notwithstanding division (E)(D) of section 4301.22 of	2522
the Revised Code, an A-2 permit holder that participates in an	2523
event for which an F-4 permit is issued may donate wine that it	2524
has manufactured to the holder of that F-4 permit. The holder of	2525
an F-4 permit may return unused and sealed containers of wine to	2526
the A-2 permit holder that donated the wine at the conclusion of	2527
the event for which the F-4 permit was issued.	2528

(2) The participation by an A-2 permit holder or its	2529
employees in an event for which an F-4 permit is issued does not	2530
violate section 4301.24 of the Revised Code.	2531

Sec. 4303.231.  Permit W may be issued to a manufacturer or	2532
supplier of beer or intoxicating liquor to operate a warehouse for	2533
the storage of beer or intoxicating liquor within this state and	2534
to sell those products from the warehouse only to holders of B	2535
permits in this state and to other customers outside this state	2536
under rules promulgatedadopted by the liquor control commission.	2537
Each holder of a B permit with a consent to importsupplier	2538
registration on file with the division of liquor control may	2539
purchase beer or intoxicating liquor if designated by the permit	2540
to make those purchases, from the holder of a W permit. The fee	2541
for a W permit is one thousand five hundred sixty-three dollars	2542
for each warehouse during the year covered by the permit.	2543

Sec. 4303.24.  All initialapplication fees prescribed by	2544
sections 4303.02 to 4303.23 of the Revised Code, shall be remitted	2545
to the division of liquor control when applications are filed. The	2546
pendency, priority, or validity of an application for a permit or	2547
duplicate permit received by the division prior to or after	2548
January 1, 1948 shall not be affected because the division did not	2549
issue the permit applied for or the applicant failed to appeal to	2550
the liquor control commission. If a permit is not issued within	2551
one hundred twenty days from the date of such remittance, such	2552
initial fee shall be returned to the applicant. Such return shall	2553
not affect the priority of the application in the municipal	2554
corporation or unincorporated area of a county exclusive of any	2555
municipal corporation, wherein the proposed permit premises are	2556
located. The	2557

The division, prior to the granting of thea permit or	2558
duplicate permit applied for, shall notify, by certified mail, the	2559
applicant or the applicant's authorized agent; and the. The	2560
applicant or the applicant's authorized agent shall, within thirty	2561
days after the mailing of suchthat notice, redeposit the required	2562
fee, which shall include any fee increases that have occurred	2563
since the initial remission of the fee, withshall pay to the	2564
division the entire amount of the requisite permit fee required by	2565
sections 4303.02 to 4303.231 or, in the case of a duplicate	2566
permit, section 4303.30 of the Revised Code, if the permit or	2567
duplicate permit is issued during the first six months of the year	2568
the permit or duplicate permit covers, or one-half of the amount	2569
of the requisite permit fee, if the permit or duplicate permit is	2570
issued during the last six months of the year the permit or	2571
duplicate permit covers. If suchthe applicant fails to make such	2572
redepositpay the applicable amount of that requisite permit fee	2573
within those thirty days, the division shall cancel the	2574
applicant's application shall be canceled. The procedure	2575
prescribed in this section for return of permit fees shall not	2576
apply to an application for renewal of a permit. All.	2577

All other fees shall be paid at suchthe time and in suchthe	2578
manner as is prescribed by the division. The liquor control	2579
commission may promulgateadopt rules requiring reports or returns	2580
for the purpose of determining the amounts of additional permit	2581
fees.	2582

Sec. 4303.25.  No person by himself or herselfpersonally or	2583
by the person's clerk, agent, or employee shall manufacture,	2584
manufacture for sale, offer, keep, or possess for sale, furnish or	2585
sell, or solicit the purchase or sale of any beer or intoxicating	2586
liquor in this state, or transport, or import, or cause to be	2587
transported or imported any beer, intoxicating liquor, or alcohol	2588
in or into this state for delivery, use, or sale, unless suchthe	2589
person has fully complied with Chaptersthis chapter and Chapter	2590
4301. and 4303. of the Revised Code or is the holder of a permit	2591
issued by the division of liquor control and in force at the time.	2592

The superintendent of liquor control may adopt rules	2593
requiring personsa person acting in capacities only as sales	2594
representativesas an agent, solicitor, or salesperson for a	2595
manufacturer, supplier, broker, or wholesale distributor, who	2596
solicitsolicits permit holders authorized to deal in beer and	2597
intoxicating liquorsliquor, to be registered with the division	2598
and may cite for revocation suchthe registrant to the liquor	2599
control commission for a violation of such chaptersthis chapter,	2600
Chapter 4301. of the Revised Code, or of the rules adopted by the	2601
commission or superintendent.	2602

Sec. 4303.27.  Each permit issued under sections 4303.02 to	2603
4303.23 of the Revised Code, shall authorize the person named to	2604
carry on the business specified at the place or in the boat,	2605
vessel, or classes of dining car equipment described, and shall be	2606
issued for one year, or part thereofof one year, commencing on	2607
the day after the uniform expiration dates designated by the	2608
division of liquor control, or for the unexpired portion of such	2609
year, and no longer, subject to suspension, revocation, or	2610
cancellation as authorized or required by Chaptersthis chapter or	2611
Chapter 4301. and 4303. of the Revised Code. Upon application by a	2612
permit holder, the superintendent of liquor control may expand	2613
during specified seasons of the year the premises for which the	2614
permit holder's permit was issued to include a premises	2615
immediately adjacent to the premises for which the permit was	2616
issued, so long as the immediately adjacent premises is under the	2617
permit holder's ownership and control and is located in an area	2618
where sales under the permit are not prohibited because of a local	2619
option election. Whenever the superintendent considers it	2620
advisable to cancel the unexpired portion of an outstanding permit	2621
in order that the permit may be issued on one of the uniform	2622
expiration dates designated by the superintendent, the	2623
superintendent shall refundcredit to the holder a proportionate	2624
amount representing the unexpired portion of the permit year	2625
pursuant to section 4301.41 of the Revised Code. Such permit does	2626
not authorize the person named to carry on the business specified	2627
at any place or in any vehicle, boat, vessel, or class of dining	2628
car equipment other than that named, nor does it authorize any	2629
person other than the one named in such permit to carry on such	2630
that business at the place or in the vehicle, boat, vessel, or	2631
class of dining car equipment named, except pursuant to compliance	2632
with the rules and orders of the division governing the assignment	2633
and transfer of permits, and with the consent of the division. The	2634
holder of a G permit may substitute the name of another licensed	2635
pharmacist for that entered on the permit, subject to rules of the	2636
division.	2637

ChaptersThis chapter and Chapter 4301. and 4303. of the	2638
Revised Code do not prohibit the holder of an A, B, C, or D permit	2639
from making deliveries of beer or intoxicating liquor containing	2640
not more than twenty-one per cent of alcohol by volume, or	2641
prohibit the holder of an A or B permit from selling or	2642
distributing beer or intoxicating liquor to a person at a place	2643
outside this state, or prohibit the holder of any such a permit,	2644
or an H permit, from delivering any beer or intoxicating liquor so	2645
sold from a point in this state to a point outside this state.	2646

Sec. 4303.271.  (A) Except as provided in divisions (B) and	2647
(D) of this section, the holder of a permit issued under sections	2648
4303.02 to 4303.23 of the Revised Code, who files an application	2649
for the renewal of the same class of permit for the same premises,	2650
shall be entitled to the renewal of the permit. The division of	2651
liquor control shall renew the permit unless the division rejects	2652
for good cause any renewal application, subject to the right of	2653
the applicant to appeal the rejection to the liquor control	2654
commission.	2655

(B) The legislative authority of the municipal corporation,	2656
the board of township trustees, or the board of county	2657
commissioners of the county in which a permit premises is located	2658
may object to the renewal of a permit issued under sections	2659
4303.11 to 4303.183 of the Revised Code for any of the reasons	2660
contained in division (A) of section 4303.292 of the Revised Code.	2661
Any objection shall be made no later than thirty days prior to the	2662
expiration of the permit, and the departmentdivision shall accept	2663
the objection if it is postmarked no later than thirty days prior	2664
to the expiration of the permit. The objection shall be made by a	2665
resolution specifying the reasons for objecting to the renewal and	2666
requesting a hearing, but no objection shall be based upon	2667
noncompliance of the permit premises with local zoning regulations	2668
whichthat prohibit the sale of beer or intoxicating liquor in an	2669
area zoned for commercial or industrial uses, for a permit	2670
premises that would otherwise qualify for a proper permit issued	2671
by the division. The resolution shall be accompanied by a	2672
statement by the chief legal officer of the political subdivision	2673
that, in the chief legal officer's opinion, the objection is based	2674
upon substantial legal grounds within the meaning and intent of	2675
division (A) of section 4303.292 of the Revised Code.	2676

Upon receipt of a resolution of a legislative authority or	2677
board objecting to the renewal of a permit and a statement from	2678
the chief legal officer, the division shall set a time for the	2679
hearing and send by certified mail to the permit holder, at the	2680
permit holder's usual place of business, a copy of the resolution	2681
and notice of the hearing. The division shall then hold a hearing	2682
in the central office of the division, except that, upon written	2683
request of the legislative authority or board, the hearing shall	2684
be held in the county seat of the county in which the permit	2685
premises is located, to determine whether the renewal shall be	2686
denied for any of the reasons contained in division (A) of section	2687
4303.292 of the Revised Code. Only the reasons for refusal	2688
contained in division (A) of section 4303.292 of the Revised Code	2689
and specified in the resolution of objection shall be considered	2690
at the hearing.	2691

The permit holder and the objecting legislative authority or	2692
board shall be parties to the proceedings under this section and	2693
shall have the right to be present, to be represented by counsel,	2694
to offer evidence, to require the attendance of witnesses, and to	2695
cross-examine witnesses at the hearing.	2696

(C) An application for renewal of a permit shall be filed	2697
with the division at least fifteen days prior to the expiration of	2698
an existing permit, and the existing permit shall continue in	2699
effect as provided in section 119.06 of the Revised Code until the	2700
application is approved or rejected by the division. Any holder of	2701
a permit, which has expired through failure to be renewed as	2702
provided in this section, shall obtain a renewal of the permit,	2703
upon filing an application for renewal with the division, at any	2704
time within thirty days from the date of the expired permit. A	2705
penalty of ten per cent of the permit fee shall be paid by the	2706
permit holder if the application for renewal is not filed at least	2707
fifteen days prior to the expiration of the permit.	2708

(D)(1) Annually, beginning in 1988, the tax commissioner	2709
shall cause the sales and withholding tax records in the	2710
department of taxation for each holder of a permit issued under	2711
sections 4303.02 to 4303.23 of the Revised Code to be examined to	2712
determine if the permit holder is delinquent in filing any sales	2713
or withholding tax returns or has any outstanding liability for	2714
sales or withholding tax, penalties, or interest imposed pursuant	2715
to Chapter 5739. or sections 5747.06 and 5747.07 of the Revised	2716
Code. If any delinquency or liability exists, the commissioner	2717
shall send a notice of that fact by certified mail, return receipt	2718
requested, to the permit holder at the mailing address shown in	2719
the records of the department. The notice shall specify, in as	2720
much detail as is possible, the periods for which returns have not	2721
been filed and the nature and amount of unpaid assessments and	2722
other liabilities and shall be sent on or before the first day of	2723
the third month preceding the month in which the permit expires.	2724
The commissioner also shall notify the division of liquor control	2725
of the delinquency or liability, identifying the permit holder by	2726
name and permit number.	2727

(2)(a) Except as provided in division (D)(4) of this section,	2728
the division of liquor control shall not renew the permit of any	2729
permit holder the tax commissioner has identified as being	2730
delinquent in filing any sales or withholding tax returns or as	2731
being liable for outstanding sales or withholding tax, penalties,	2732
or interest as of the first day of the sixth month preceding the	2733
month in which the permit expires, or of any permit holder the	2734
commissioner has identified as having been assessed by the	2735
department on or before the first day of the third month preceding	2736
the month in which the permit expires, until the division is	2737
notified by the tax commissioner that the delinquency, liability,	2738
or assessment has been resolved.	2739

(b)(i) Within ninety days after the date on which the permit	2740
expires, any permit holder whose permit is not renewed under this	2741
division may file an appeal with the liquor control commission.	2742
The commission shall notify the tax commissioner regarding the	2743
filing of any such appeal. During the period in which the appeal	2744
is pending, the permit shall not be renewed by the division. The	2745
permit shall be reinstated if the permit holder and the tax	2746
commissioner or the attorney general demonstrate to the liquor	2747
control commission that the commissioner's notification of a	2748
delinquency or assessment was in error or that the issue of the	2749
delinquency or assessment has been resolved.	2750

(ii) A permit holder who has filed an appeal under division	2751
(D)(2)(b)(i) of this section may file a motion to withdraw the	2752
appeal. The division of liquor control may renew a permit holder's	2753
permit if the permit holder has withdrawn such an appeal and the	2754
division receives written certification from the tax commissioner	2755
that the permit holder's delinquency or assessment has been	2756
resolved.	2757

(3) A permit holder notified of delinquency or liability	2758
under this section may protest the notification to the tax	2759
commissioner on the basis that no returns are delinquent and no	2760
tax, penalties, or interest is outstanding. The commissioner shall	2761
expeditiously consider any evidence submitted by the permit holder	2762
and, if it is determined that the notification was in error,	2763
immediately shall inform the division of liquor control that the	2764
renewal application may be granted. The renewal shall not be	2765
denied if the delinquency or unreported liability is the subject	2766
of a bona fide dispute pursuant to section 5717.02, 5717.04,	2767
5739.13, or 5747.13 of the Revised Code.	2768

(4) If the commissioner concludes that under the	2769
circumstances the permit holder's delinquency or liability has	2770
been conditionally resolved, the commissioner shall allow the	2771
permit to be renewed, conditioned upon the permit holder's	2772
continuing performance in satisfying the delinquency and	2773
liability. The conditional nature of the renewal shall be	2774
specified in the notification given to the division of liquor	2775
control under division (D)(1) of this section. Upon receipt of	2776
notice of the resolution, the division shall issue a conditional	2777
renewal. If the taxpayer defaults on any agreement to pay the	2778
delinquency or liability or fails to keep subsequent tax payments	2779
current, the liquor control commission, upon request and proof of	2780
the default or failure to keep subsequent tax payments current,	2781
shall indefinitely suspend the permit holder's permit until all	2782
taxes and interest due are paid.	2783

(5) The commissioner may adopt rules to assist in	2784
administering the duties imposed by this section.	2785

Sec. 4303.292.  (A) The division of liquor control may refuse	2786
to issue, transfer the ownership of, or renew, and shall refuse to	2787
transfer the location of, any retail permit issued under this	2788
chapter if it finds either of the following:	2789

(1) That the applicant, or any partner, member, officer,	2790
director, or manager thereofof the applicant, or, if the	2791
applicant is a corporation or limited liability company, any	2792
shareholder owning tenfive per cent or more of itsthe	2793
applicant's capital stock in the corporation or any member owning	2794
five per cent or more of either the voting interests or membership	2795
interests in the limited liability company:	2796

(a) Has been convicted at any time of a crime whichthat	2797
relates to fitness to operate a liquor establishment;	2798

(b) Has operated liquor permit businesses in a manner that	2799
demonstrates a disregard for the laws, regulations, or local	2800
ordinances of this state or any other state;	2801

(c) Has misrepresented a material fact in applying to the	2802
division for a permit; or	2803

(d) Is in the habit of using alcoholic beverages or dangerous	2804
drugs to excess, or is addicted to the use of narcotics.	2805

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

2806

(a) Does not conform to the building, safety, or health	2807
requirements of the governing body of the county or municipality	2808
municipal corporation in which the place is located. As used in	2809
division (A)(2)(a) of this section, "building, safety, or health	2810
requirements" does not include local zoning ordinances. The	2811
validity of local zoning regulations shall not be affected by this	2812
section.	2813

(b) Is so constructed or arranged that law enforcement	2814
officers and duly authorized agents of the division are prevented	2815
from reasonable access to rooms within which beer or intoxicating	2816
liquor is to be sold or consumed.;	2817

(c) Is so located with respect to the neighborhood that	2818
substantial interference with public decency, sobriety, peace, or	2819
good order would result from the issuance, renewal, transfer of	2820
location, or transfer of ownership of the permit and operation	2821
thereunderunder it by the applicant.; or	2822

(d) Has been declared a nuisance pursuant to Chapter 3767. of	2823
the Revised Code since the time of the most recent issuance,	2824
renewal, or transfer of ownership or location of the liquor	2825
permit.	2826

(B) The division of liquor control may refuse to issue or	2827
transfer the ownership of, and shall refuse to transfer the	2828
location of, any retail permit issued under this chapter if it	2829
finds either of the following:	2830

(1) That the place for which the permit is sought is so	2831
situated with respect to any school, church, library, public	2832
playground, or hospital that the operation of the liquor	2833
establishment will substantially and adversely affect or interfere	2834
with the normal, orderly conduct of the affairs of those	2835
facilities or institutions.;	2836

(2) That the number of permits already existent in the	2837
neighborhood is such that the issuance or transfer of location of	2838
a permit would be detrimental to and substantially interfere with	2839
the morals, safety, or welfare of the public, and, in. In reaching	2840
a conclusion in this respect, the division shall consider, in	2841
light of the purposes of this chapter and Chapters 4301., 4303.,	2842
and 4399. of the Revised Code, the character and population of the	2843
neighborhood, the number and location of similar permits in the	2844
neighborhood, the number and location of all other permits in the	2845
neighborhood, and the effect the issuance or transfer of location	2846
of a permit would have on the neighborhood.	2847

(C) The division of liquor control shall not transfer the	2848
location or transfer the ownership and location of a permit under	2849
division (B)(3)(b) of section 4303.29 of the Revised Code unless	2850
the permit is transferred to an economic development project.	2851

(D) The division of liquor control shall refuse to issue,	2852
renew, transfer the ownership of, or transfer the location of a	2853
retail permit under this chapter if the applicant is or has been	2854
convicted of a violation of division (C)(1) of section 2913.46 of	2855
the Revised Code.	2856

(E) The division of liquor control shall refuse to transfer	2857
the ownership of or transfer the location of a retail permit under	2858
this chapter while criminal proceedings are pending against the	2859
holder of the permit for a violation of division (C)(1) of section	2860
2913.46 of the Revised Code. The department of job and family	2861
servicespublic safety shall notify the division of liquor control	2862
whenever criminal proceedings have commenced for a violation of	2863
division (C)(1) of section 2913.46 of the Revised Code.	2864

(F) The division of liquor control shall refuse to issue,	2865
renew, or transfer the ownership or location of a retail permit	2866
under this chapter if the applicant has been found to be	2867
maintaining a nuisance under section 3767.05 of the Revised Code	2868
at the premises for which the issuance, renewal, or transfer of	2869
ownership or location of the retail permit is sought.	2870

Sec. 4303.293.  (A) Any person making application concerning	2871
a permit to conduct a business for which a permit is required	2872
under this chapter shall list on the application the name and	2873
address of each person having a legal or beneficial interest in	2874
the ownership of the business, including contracts for purchase on	2875
an installment basis. If any person is a corporation or limited	2876
liability company, the applicant shall list the names of each	2877
officer of the corporation and; the names of each officer of the	2878
limited liability company, if the limited liability company has	2879
officers, and the names of the managing members of the company or	2880
the managers of the company, if the management of the company is	2881
not reserved to its members; the names of each person owning or	2882
controlling tenfive per cent or more of the capital stock of the	2883
corporation; ifand the names of each person owning or controlling	2884
five per cent or more of either the voting interests or membership	2885
interests in the limited liability company. If any person is a	2886
partnership or association, the applicant shall list the names of	2887
each partner or member of the association. Any person having a	2888
legal or beneficial interest in the ownership of the business,	2889
other than a bank as defined in section 1101.01 of the Revised	2890
Code or a building and loan association as defined in section	2891
1151.01 of the Revised Code, shall notify the division of liquor	2892
control of the interest in such ownership, including contracts for	2893
purchase on an installment basis, occurring after the application	2894
for, or the issuance of, the permit. SuchThe notification shall	2895
be given within fifteen days of the change. Whenever the person to	2896
whom a permit has been issued is a corporation or limited	2897
liability company and any transfer of that corporation's stock or	2898
that limited liability company's membership interests is proposed	2899
such that, following the transfer, the owner of the majority or	2900
plurality of shares of stock in the corporation would change or	2901
the owner of the majority or plurality of the limited liability	2902
company's membership interests would change, suchthe proposed	2903
transfer of stock or membership interests shall be considered a	2904
proposed transfer of ownership of the permit, and application	2905
shall be made to the division of liquor control for a transfer of	2906
ownership. The application shall be subject to the notice and	2907
hearing requirements of section 4303.26 of the Revised Code and to	2908
the restrictions imposed by section 4303.29 and division (A)(1) of	2909
section 4303.292 of the Revised Code.	2910

(B) Whoever violates this section is guilty of a misdemeanor	2911
of the first degree.	2912

Sec. 4303.30.  The rights granted by any D-2, D-3, D-3a, D-4,	2913
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	2914
or D-6 permit shall be exercised at not more than two fixed	2915
counters, commonly known as bars, in rooms or places on the permit	2916
premises, where beer, mixed beverages, wine, or spirituous liquor	2917
is sold to the public for consumption on the premises. For each	2918
additional fixed counter on the permit premises where those	2919
beverages are sold for consumption on the premises, the permit	2920
holder shall obtain a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	2921
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-6	2922
permit.	2923

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	2924
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-6 permit shall be	2925
granted, upon application to the division of liquor control, a	2926
duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f,	2927
D-5g, D-5h, D-5i, D-5j, D-5k, or D-6 permit for each additional	2928
fixed counter on the permit premises at which beer, mixed	2929
beverages, wine, or spirituous liquor is sold for consumption on	2930
the premises, provided the application is made in the same manner	2931
as an application for an original permit. The application shall be	2932
identified with DUPLICATE printed on the permit application form	2933
furnished by the department, in boldface type. The application	2934
shall identify by name, or otherwise amply describe, the room or	2935
place on the premises where the duplicate permit is to be	2936
operative. Each duplicate permit shall be issued only to the same	2937
individual, firm, or corporation as that of the original permit	2938
and shall be an exact duplicate in size and word content as the	2939
original permit, except that it shall show on it the name or other	2940
ample identification of the room, or place, for which it is issued	2941
and shall have DUPLICATE printed on it in boldface type. A	2942
duplicate permit shall bear the same number as the original	2943
permit. The fee for a duplicate permit is: D-1, one hundred	2944
dollars; D-2, one hundred dollars; D-3, four hundred dollars;	2945
D-3a, four hundred dollars; D-4, two hundred dollars; D-5, one	2946
thousand dollars; D-5a, one thousand dollars; D-5b, one thousand	2947
dollars; D-5c, four hundred dollars; D-5e, six hundred fifty	2948
dollars; D-5f, one thousand dollars; D-6, one hundred dollars when	2949
issued to the holder of a D-4a permit; and in all other cases one	2950
hundred dollars or an amount which is twenty per cent of the fees	2951
payable for the A-1-A, D-2, D-3, D-3a, D-4, D-5, D-5a, D-5b, D-5e,	2952
D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, and D-6 permits issued to the	2953
same premises, whichever is higher. Application for a duplicate	2954
permit may be filed any time during the life of an original	2955
permit. The fee for each duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	2956
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-6	2957
permit shall accompany the application for each such duplicate	2958
permitbe paid in accordance with section 4303.24 of the Revised	2959
Code.	2960

Sec. 4399.02.  The owner of a building or premises, and the	2961
person renting or leasing them who know, if the owner or person	2962
knows that intoxicating liquors are to be sold thereinin the	2963
building or premises in violation of law, or, having leased them	2964
for other purposes, who knowingly permit intoxicating liquors to	2965
be sold therein which cause the intoxication, in whole or in part,	2966
of a person described in section 4399.01 of the Revised Code,	2967
shall be liableis severally or jointly liable with the person	2968
selling or giving suchthe intoxicating liquors for all damages	2969
sustained, as well as exemplary damages.	2970

Sec. 4399.04.  Fines, costs, and damages assessed against a	2971
person in consequence of the sale of intoxicating liquors, as	2972
provided in sections 4399.014399.02 to 4399.08 of the Revised	2973
Code, and the penal statutes relating theretoto the sale, shall	2974
be a lien upon the real estate of the person. The real estate and	2975
personal property of the person shall be liable to execution for	2976
the fines, costs, and damages without exception or exemption,	2977
except suchfor personal property asthat is exempt by law.	2978

Sec. 4399.07.  All damages recovered by a minor under	2979
sections 4399.014399.02 to 4399.08, inclusive, of the Revised	2980
Code, shall be paid either to suchthe minor, or to histhe	2981
minor's parent, guardian, or next friend, as the court directs.	2982

Sec. 4399.08.  A suit for damages under sections 4399.01	2983
4399.02 to 4399.08, inclusive, of the Revised Code, shall be by a	2984
civil action in any court having jurisdiction thereofover the	2985
action.	2986

Sec. 4399.18.  Notwithstanding division (A) of section	2987
2307.60 of the Revised Code and except as otherwise provided in	2988
this section and in section 4399.01 of the Revised Code, no	2989
person, and no executor or administrator of the person, who	2990
suffers personal injury, death, or property damage as a result of	2991
the actions of an intoxicated person has a cause of action against	2992
any liquor permit holder or an employee of a liquor permit holder	2993
who sold beer or intoxicating liquor to the intoxicated person	2994
unless the personal injury, death, or property damage occurred on	2995
the permit holder's premises or in a parking lot under the control	2996
of the permit holder and was proximately caused by the negligence	2997
of the permit holder or an employee of the permit holder. A person	2998
has a cause of action against a permit holder or an employee of a	2999
permit holder for personal injury, death, or property damage	3000
caused by the negligent actions of an intoxicated person occurring	3001
off the premises or away from a parking lot under the permit	3002
holder's control only when both of the following can be shown by a	3003
preponderance of the evidence:	3004

(A) The permit holder or an employee of the permit holder	3005
knowingly sold an intoxicating beverage to at least one of the	3006
following:	3007

(1) A noticeably intoxicated person in violation of division	3008
(B) of section 4301.22 of the Revised Code;	3009

(2) A person in violation of division (C) of section 4301.22	3010
of the Revised Code;	3011

(3) A person in violation of section 4301.69 of the Revised	3012
Code.	3013

(B) The person's intoxication proximately caused the personal	3014
injury, death, or property damage.	3015

Notwithstanding sections 4399.02 and 4399.05 of the Revised	3016
Code, no person, and no executor or administrator of the person,	3017
who suffers personal injury, death, or property damage as a result	3018
of the actions of an intoxicated person has a cause of action	3019
against the owner of a building or premises who rents or leases	3020
the building or premises to a liquor permit holder against whom a	3021
cause of action may be brought under this section, except when the	3022
owner and the permit holder are the same person.	3023

Section 2. That existing sections 109.572, 121.08, 307.697,	3024
351.26, 924.51, 1333.83, 2933.41, 4301.07, 4301.10, 4301.19,	3025
4301.20, 4301.22, 4301.24, 4301.29, 4301.30, 4301.39, 4301.41,	3026
4301.424, 4301.99, 4303.03, 4303.07, 4303.09, 4303.181, 4303.203,	3027
4303.204, 4303.231, 4303.24, 4303.25, 4303.27, 4303.271, 4303.292,	3028
4303.293, 4303.30, 4399.02, 4399.04, 4399.07, 4399.08, and 4399.18	3029
and section        Sec. 4399.01.  of the Revised Code are hereby repealed.	3030

Section 3.  Section 307.697 of the Revised Code is presented	3031
in this act as a composite of the section as amended by Am. Sub.	3032
H.B. 239, Am. Sub. S.B. 162, and Am. Sub. S.B. 188 of the 121st	3033
General Assembly. Section 4301.20 of the Revised Code is presented	3034
in this act as a composite of the section as amended by both Am.	3035
Sub. S.B. 149 and Am. Sub. S.B. 162 of the 121st General Assembly.	3036
Section 4301.99 of the Revised Code is presented in this act as a	3037
composite of the section as amended by both Am. Sub. H.B. 17 and	3038
Am. Sub. S.B. 123 of the 124th General Assembly. Sections 4303.24	3039
and 4303.293 of the Revised Code are presented in this act as	3040
composites of the sections as amended by both Am. Sub. S.B. 149	3041
and Am. Sub. S.B. 162 of the 121st General Assembly. The General	3042
Assembly, applying the principle stated in division (B) of section	3043
1.52 of the Revised Code that amendments are to be harmonized if	3044
reasonably capable of simultaneous operation, finds that the	3045
composite versions of these sections are the resulting versions of	3046
the sections in effect prior to the effective date of the sections	3047
as presented in this act.	3048