As Passed by the House

125th General Assembly
Regular Session
2003-2004
Am. Sub. S. B. No. 164


SENATORS Schuler, Blessing, Dann, Robert Gardner, Fingerhut, Hagan

REPRESENTATIVES Trakas, Barrett, Carano, Daniels, DeGeeter, D. Evans, Harwood, Kearns, Niehaus, Seitz, Willamowski



A BILL
To amend sections 4301.22, 4303.07, 4303.10, 4303.17, 1
and 4303.35 of the Revised Code to remove under 2
specified conditions the prohibition against 3
allowing liquor agency stores to sell spirituous 4
liquor on Sunday, to authorize the sale of beer 5
and wine under a D-4 permit under specified 6
conditions after its location has been 7
transferred, to generally authorize B-2 permit 8
holders to sell wine to retail permit holders and 9
B-5 permit holders to sell wine to wholesale and 10
retail permit holders, to generally require retail 11
permit holders to purchase beer, wine, and mixed 12
beverages from manufacturers and wholesalers that 13
are A or B permit holders and to purchase 14
spirituous liquor from the Division of Liquor 15
Control, and to declare an emergency.16


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

       Section 1. That sections 4301.22, 4303.07, 4303.10, 4303.17, 17
and 4303.35 of the Revised Code be amended to read as follows:18

       Sec. 4301.22.  Sales of beer and intoxicating liquor under19
all classes of permits and from state liquor stores are subject to20
the following restrictions, in addition to those imposed by the21
rules or orders of the division of liquor control:22

       (A)(1) Except as otherwise provided in this chapter, no beer23
or intoxicating liquor shall be sold to any person under24
twenty-one years of age.25

       (2) No low-alcohol beverage shall be sold to any person under 26
eighteen years of age. No permit issued by the division shall be 27
suspended, revoked, or canceled because of a violation of division 28
(A)(2) of this section.29

       (3) No intoxicating liquor shall be handled by any person30
under twenty-one years of age, except that a person eighteen years31
of age or older employed by a permit holder may handle or sell32
beer or intoxicating liquor in sealed containers in connection33
with wholesale or retail sales, and any person nineteen years of34
age or older employed by a permit holder may handle intoxicating35
liquor in open containers when acting in the capacity of a server36
in a hotel, restaurant, club, or night club, as defined in37
division (B) of section 4301.01 of the Revised Code, or in the38
premises of a D-7 permit holder. This section does not authorize39
persons under twenty-one years of age to sell intoxicating liquor40
across a bar. Any person employed by a permit holder may handle41
beer or intoxicating liquor in sealed containers in connection42
with manufacturing, storage, warehousing, placement, stocking,43
bagging, loading, or unloading, and may handle beer or44
intoxicating liquor in open containers in connection with cleaning45
tables or handling empty bottles or glasses.46

       (B) No permit holder and no agent or employee of a permit47
holder shall sell or furnish beer or intoxicating liquor to an48
intoxicated person.49

       (C) No sales of intoxicating liquor shall be made after50
two-thirty a.m. on Sunday, except that intoxicatingunder either 51
of the following circumstances:52

       (1) Intoxicating liquor may be sold on Sunday under authority 53
of a permit that authorizes Sunday sale.54

       (2) Spirituous liquor may be sold on Sunday by any person 55
awarded an agency contract under section 4301.17 of the Revised 56
Code if the sale of spirituous liquor is authorized in the 57
applicable precinct as the result of an election on question 58
(B)(1) or (2) of section 4301.351 of the Revised Code and if the 59
agency contract authorizes the sale of spirituous liquor on 60
Sunday.61

       This section does not prevent a municipal corporation from62
adopting a closing hour for the sale of intoxicating liquor63
earlier than two-thirty a.m. on Sunday or to provide that no64
intoxicating liquor may be sold prior to that hour on Sunday.65

       (D) No holder of a permit shall give away any beer or66
intoxicating liquor of any kind at any time in connection with the67
permit holder's business.68

       (E) Except as otherwise provided in this division, no retail 69
permit holder shall display or permit the display on the outside 70
of any licensed retail premises, or on any lot of ground on which 71
the licensed premises are situated, or on the exterior of any 72
building of which the licensed premises are a part, any sign, 73
illustration, or advertisement bearing the name, brand name, trade 74
name, trade-mark, designation, or other emblem of or indicating 75
the manufacturer, producer, distributor, place of manufacture, 76
production, or distribution of any beer or intoxicating liquor. 77
Signs, illustrations, or advertisements bearing the name, brand 78
name, trade name, trade-mark, designation, or other emblem of or 79
indicating the manufacturer, producer, distributor, place of 80
manufacture, production, or distribution of beer or intoxicating 81
liquor may be displayed and permitted to be displayed on the 82
interior or in the show windows of any licensed premises, if the 83
particular brand or type of product so advertised is actually 84
available for sale on the premises at the time of that display. 85
The liquor control commission shall determine by rule the size and 86
character of those signs, illustrations, or advertisements.87

       (F) No retail permit holder shall possess on the licensed88
premises any barrel or other container from which beer is drawn,89
unless there is attached to the spigot or other dispensing90
apparatus the name of the manufacturer of the product contained in 91
the barrel or other container, provided that, if the beer is 92
served at a bar, the manufacturer's name or brand mustshall93
appear in full view of the purchaser. The commission shall94
regulate the size and character of the devices provided for in95
this section.96

       (G) Except as otherwise provided in this division, no sale of 97
any gift certificate shall be permitted whereby beer or98
intoxicating liquor of any kind is to be exchanged for the99
certificate, unless the gift certificate can be exchanged only for100
food, and beer or intoxicating liquor, for on-premises consumption101
and the value of the beer or intoxicating liquor for which the102
certificate can be exchanged does not exceed more than thirty per103
cent of the total value of the gift certificate. The sale of gift104
certificates for the purchase of beer, wine, or mixed beverages105
shall be permitted for the purchase of beer, wine, or mixed106
beverages for off-premises consumption. Limitations on the use of107
a gift certificate for the purchase of beer, wine, or mixed108
beverages for off-premises consumption may be expressed by clearly109
stamping or typing on the face of the certificate that the110
certificate may not be used for the purchase of beer, wine, or111
mixed beverages.112

       Sec. 4303.07.  Permit B-2 may be issued to a wholesale113
distributor of wine to purchase from holders of A-2 and B-5114
permits and distribute or sell suchthat product, in the original115
container in which it was placed by the B-5 permit holder or116
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,117
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,118
D-5h, D-5i, D-5j, D-5k, and Eretail permit holders, and for home 119
use. The fee for this permit is five hundred dollars for each120
distributing plant or warehouse. The initial fee shall be121
increased ten cents per wine barrel of fifty gallons for all wine122
distributed and sold in this state in excess of twelve hundred123
fifty such barrels during the year covered by the permit.124

       Sec. 4303.10.  Permit B-5 may be issued to a wholesale125
distributor of wine to purchase wine from the holders of A-2126
permits, to purchase and import wine in bond or otherwise, in bulk127
or in containers of any size, and to bottle wine for distribution128
and sale to holders of A-1-A, B-2, B-3, B-5, C-2, D-2, D-3, D-4,129
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,130
D-5j, D-5k, and Ewholesale or retail permits and for home use in 131
sealed containers. No wine shall be bottled by a B-5 permit holder 132
in containers supplied by any person who intends the wine for home 133
use. The fee for this permit is one thousand five hundred 134
sixty-three dollars.135

       Sec. 4303.17. (A)(1) Permit D-4 may be issued to a club that 136
has been in existence for three years or more prior to the 137
issuance of the permit to sell beer and any intoxicating liquor to 138
its members only, in glass or container, for consumption on the 139
premises where sold. The fee for this permit is four hundred 140
sixty-nine dollars. No such141

       No D-4 permit shall be granted or retained until all elected 142
officers of suchthe organization controlling suchthe club have 143
filed with the division of liquor control a statement certifying 144
that suchthe club is operated in the interest of the membership 145
of a reputable organization, which is maintained by a dues paying 146
membership, setting forth the amount of initiation fee and yearly 147
dues. All such matters shall be contained in a statement signed 148
under oath and accompanied by a surety bond in the sum of one 149
thousand dollars. SuchThe bond shall be declared forfeited in the 150
full amount of the penal sum of the bond for any false statement151
contained in such certificatethat statement, and the surety shall 152
pay the amount of the bond to the division. The153

       The roster of membership of a D-4 permit holder shall be 154
submitted under oath on the request of the superintendent of 155
liquor control. Any information acquired by the superintendent or 156
the division with respect to suchthat membership shall not be 157
open to public inspection or examination and may be divulged by 158
the superintendent and the division only in hearings before the 159
liquor control commission or in a court action in which the 160
division or the superintendent is named a party.161

       (2) The requirement that a club shall have been in existence 162
for three years in order to qualify for a D-4 permit does not 163
apply to units of organizations chartered by congress or to a 164
subsidiary unit of a national fraternal organization if the parent 165
organization has been in existence for three years or more at the 166
time application for a permit is made by such unit.167

       (B) No rule or order of the division or commission shall 168
prohibit a charitable organization that holds a D-4 permit from 169
selling or serving beer or intoxicating liquor under its permit in 170
a portion of its premises merely because that portion of its 171
premises is used at other times for the conduct of a bingo game as 172
described in division (S) of section 2915.01 of the Revised Code. 173
However, such an organization shall not sell or serve beer or 174
intoxicating liquor or permit beer or intoxicating liquor to be 175
consumed or seen in the same location in its premises where a 176
bingo game, as described in division (S)(1) of section 2915.01 of 177
the Revised Code, is being conducted while the game is being 178
conducted. As used in this sectiondivision, "charitable 179
organization" has the same meaning as in division (H) of section 180
2915.01 of the Revised Code.181

       (C) Notwithstanding any contrary provision of sections 182
4301.32 to 4301.41, division (C)(1) of section 4303.29, and 183
section 4305.14 of the Revised Code, the holder of a D-4 permit 184
may transfer the location of the permit and sell beer and wine at 185
the new location if that location is in an election precinct in 186
which the sale of beer and wine, but not spirituous liquor, 187
otherwise is permitted by law.188

       Sec. 4303.35.  No holders of A-1-A, C-1, C-2, D-1, D-2, D-3,189
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,190
D-5h, D-5i, D-5j, D-5k, F, F-3, F-5, or F-6retail permits shall 191
purchase any beer subject to the tax imposed by sections 4301.42192
and 4305.01 of the Revised Code or any wine or mixed beverage193
subject to the tax imposed by section 4301.43 of the Revised Code194
for resale, except from holders of A or B permits.195

       No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,196
D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-5kretail197
permits shall purchase spirituous liquor for resale except from 198
the division of liquor control, unless with the special consent of 199
the division under particular regulations and markup provisions200
prescribed by the superintendent of liquor control.201

       Section 2. That existing sections 4301.22, 4303.07, 4303.10, 202
4303.17, and 4303.35 of the Revised Code are hereby repealed.203

       Section 3. Sections 4301.22, 4303.07, 4303.10, and 4303.35 of 204
the Revised Code, as amended by this act, shall take effect on the 205
ninety-first day after the effective date of this act.206

       Section 4.  This act is hereby declared to be an emergency 207
measure necessary for the immediate preservation of the public 208
peace, health, and safety. The reason for this necessity is that 209
the location of certain D-4 liquor permits cannot be transferred 210
unless the changes this act makes to section 4303.17 of the 211
Revised Code take effect very soon. Therefore, this act shall take 212
immediate effect.213