REPRESENTATIVES Carmichael, Cates, Distel, D. Evans, Flowers, Hughes, Martin, Reidelbach

To amend sections 4301.25, 4301.252, 4301.365,

1

4301.62, and 4303.35 and to enact sections

2

4301.253, 4301.635, and 4303.206 of the Revised

3

Code to create the F-6 permit to be issued to a

4

nonprofit organization to sell wine at an event

5

the organization sponsors; to require the Liquor

6

Control Commission, when considering enforcement

7

actions against the holder of a permit authorizing

8

the sale of beer, wine, mixed beverages, or

9

intoxicating liquor, to take into consideration

10

whether the permit holder and the permit holder's

11

employees have successfully completed a training

12

program on specified topics; to provide, if a

13

particular location is allowed to sell beer or

14

intoxicating liquor on Sunday between 1 p.m. and

15

midnight and a question allowing those sales from

16

10 a.m. to midnight is defeated, the location can

17

continue sales between 1 p.m. and midnight; to

18

require that liquor permit holders be notified

19

after they have been the subject of a compliance

20

check conducted by a law enforcement agency to

21

enforce the Underage Drinking Law; to require the

22

Liquor Control Commission in disciplinary actions

23

to consider whether such a compliance check was

24

conducted with trickery, deceit, or deception

25

involved; and to make changes relating to the

26

penalties that may be imposed because of a permit

27

holder's violation of the Liquor Control Law.

28

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

Section 1. That sections 4301.25, 4301.252, 4301.365,	29
4301.62, and 4303.35 be amended and sections 4301.253, 4301.635,	30
and 4303.206 of the Revised Code be enacted to read as follows:	31

Sec. 4301.25.  (A) The liquor control commission may suspend	32
or revoke any permit issued pursuant to Chapters 4301. andunder	33
this chapter or Chapter 4303. of the Revised Code for the	34
violation of any of the applicable restrictions of such chapters	35
either chapter or of any lawful rule of the commission or, for	36
other sufficient cause, and for the following causes:	37

(1) Conviction of the holder or the holder's agent or	38
employee for violating a section of Chapters 4301. andthis	39
chapter or Chapter 4303. of the Revised Code or for a felony;	40

(2) The entry of a judgment pursuant to division (D) or (E)	41
of section 3767.05 of the Revised Code against a permit holder or	42
the holder's agent or employee finding the existence of a nuisance	43
at a liquor permit premises or finding the existence of a nuisance	44
as a result of the operation of a liquor permit premises;	45

(3) Making any false material statement in an application for	46
a permit;	47

(4) Assigning, transferring, or pledging a permit contrary to	48
the rules of the commission;	49

(5) Selling or promising to sell beer or intoxicating liquor	50
to a wholesale or retail dealer who is not the holder of a proper	51
permit at the time of the sale or promise;	52

(6) Failure of the holder of a permit to pay an excise tax	53
together with any penalties imposed by the law relating theretoto	54
that failure and for violation of any rule of the department of	55
taxation in pursuance thereofof the tax and penalties.	56

(B) The liquor control commission shall revoke a permit	57
issued pursuant to a provision of Chapter 4301.this chapter or	58
Chapter 4303. of the Revised Code upon the conviction of the	59
holder of the permit of a violation of division (C)(1) of section	60
2913.46 of the Revised Code.	61

(C)(1) When the commission considers the length of a	62
suspension of a permit, it may consider the volume of the business	63
of the permit holder, so that the length of the suspension is in	64
proportion to the seriousness of the offense and the permit	65
holder's business in order that the suspension serve as a penalty	66
and a deterrent. Evidence as to the volume of business of the	67
permit holder may be offered by the permit holder or subpoenaed by	68
the commission.	69

(2) When the commission considers the length of a proposed	70
suspension of a permit and the proposed suspension results from an	71
offense that was committed during a compliance check as defined in	72
section 4301.635 of the Revised Code, the commission may consider	73
whether trickery, deceit, or deception was used in the conduct of	74
the compliance check.	75

Sec. 4301.252.  (A)(1) Except as provided in divisions	76
(A)(2)(d), (B), and (C) of this section, when the liquor control	77
commission determines that the permit of any permit holder is to	78
be suspended under Title XLIII of the Revised Code or any rule of	79
the commission, the commission may issue an order allowing a	80
permit holder to elect to pay a forfeiture for each day of the	81
suspension in accordance with division (A)(2) of this section,	82
rather than to suspend operations under the permit holder's permit	83
issued for the premises at which the violation occurred.	84

(2)(a) If the permit holder has not violated, at the premises	85
for which the permit holder's permit was issued, any provision of	86
Title XLIII of the Revised Code or rule of the commission during	87
the preceding two years, the amount of the forfeiture for each day	88
for the suspension shall be from one hundred to two hundred	89
dollars.	90

(b) If the permit holder has violated, at the premises for	91
which the permit holder's permit was issued, any provision of	92
Title XLIII of the Revised Code or rule of the commission for	93
which the permit holder has been disciplined by the commission not	94
more than one other time during the preceding two years, the	95
amount of the forfeiture for each day of the suspension shall be	96
from two hundred to four hundred dollars.	97

(c) Except as provided under division (A)(2)(e) of this	98
section, if the permit holder has subsequently violated, at the	99
premises for which the permit holder's permit was issued, any	100
provision of Title XLIII of the Revised Code or rule of the	101
commission for which the permit holder has been disciplined by the	102
commission more than once, but not more than twice, during the	103
preceding two years, the commission shall establish the amount of	104
the forfeiture for each day of the suspension, but the amount	105
shall be not less than three hundred dollars for each day of	106
suspension.	107

(d) If the permit holder has subsequently violated, at the	108
premises for which the permit holder's permit was issued, any	109
provision of Title XLIII of the Revised Code or rule of the	110
commission for which the permit holder has been disciplined by the	111
commission more than twice during the preceding two years, the	112
commission may suspend or revoke the permit issued for the	113
premises at which the violation occurred, but shall not allow the	114
permit holder to pay a forfeiture instead of suspending or	115
revoking the permit holder's permit operationscommission shall	116
establish the amount of the forfeiture for each day of a	117
suspension, but the amount shall not be less than five hundred	118
dollars for each day of suspension. The commission, and not the	119
permit holder, shall determine whether the permit holder shall pay	120
the forfeiture so established for a suspension instead of having	121
the permit holder's permit suspended or revoked.	122

(e) If the permit holder has committed, at the premises for	123
which the permit holder's permit was issued, a gambling offense as	124
defined in section 2915.01, a drug abuse offense as defined in	125
section 2925.01, or an offense described in section 2907.07,	126
2907.21, 2907.22, 2907.23, 2907.24, or 2907.25, division (A) or	127
(B) of section 4301.22, or section 4301.69 of the Revised Code or	128
a municipal ordinance substantially equivalent to any offense	129
defined or described in a section or division listed in division	130
(A)(2)(e) of this section for which the permit holder has been	131
disciplined by the commission more than once, but not more than	132
twice, during the preceding two years, the commission may suspend	133
or revoke the permit issued for the premises at which the	134
violation occurred, but shall not allow the permit holder to pay a	135
forfeiture instead of suspending or revoking the permit holder's	136
permit operations. A person does not have to plead guilty to or be	137
convicted of an offense defined or described in a section or	138
division listed in division (A)(2)(e) of this section in order for	139
this division to apply.	140

(3) When the commission issues an order allowing a permit	141
holder the option of paying a forfeiture rather than suspending	142
operations under the permit holder's permit issued for the	143
premises at which the violation occurred, the order shall notify	144
the permit holder of the option of paying a forfeiture. The order	145
shall state the number of days for which the permit may be	146
suspended, and that the permit holder has twenty-one days after	147
the date on which the order wasis sent to pay the full amount of	148
the forfeiture by bank check, certified check, or money order, and	149
that, if the permit holder does not do so, the permit holder's	150
permit issued for the premises at which the violation occurred	151
shall be suspended for the period stated in the order. If the	152
permit holder fails to pay the full amount of the forfeiture by	153
bank check, certified check, or money order within twenty-one days	154
after the date on which the order wasis sent, the commission	155
shall issue an order suspending the permit holder's permit issued	156
for the premises at which the violation occurred for the period	157
stated in the order allowing payment of a forfeiture. The	158
suspension shall be effective on the twenty-eighth day after the	159
date on which the order allowing the payment of a forfeiture was	160
is sent. Even a permit holder who pays a forfeiture may file an	161
appeal under section 119.12 of the Revised Code. A permit holder	162
shall be considered to have paid a forfeiture when the permit	163
holder's bank check, certified check, or money order is received	164
by the commission in Columbus. Upon receipt of a permit holder's	165
bank check, certified check, or money order under this division,	166
the commission shall promptly notify the division of liquor	167
control of its receipt.	168

(B) No permit holder shall be permitted to pay a forfeiture	169
instead of having the permit holder's permit issued for the	170
premises at which the violation occurred suspended if the	171
suspension is ordered for the reasons stated in division (A)(6) of	172
section 4301.25 of the Revised Code.	173

(C) When the evidence and the nature of any violation of	174
Title XLIII of the Revised Code show that continued operation of	175
the permit premises presents a clear and present danger to public	176
health and safety, or if the commission finds, upon reliable,	177
probative, and substantial evidence, that the statutory elements	178
of a felony committed in connection with the operation of the	179
permit premises are present in the action for which the permit	180
holder is being disciplined, the commission may suspend the permit	181
issued for the premises at which the violation occurred and shall	182
not allow the permit holder to pay a forfeiture instead of	183
suspending the permit holder's permit operations.	184

Sec. 4301.253. In considering whether to suspend or revoke a	185
permit issued under Chapter 4303. of the Revised Code or to issue	186
an order allowing a permit holder to elect to pay a forfeiture	187
under section 4301.252 of the Revised Code, the liquor control	188
commission shall consider whether the permit holder and the permit	189
holder's employees have successfully completed a training program	190
that includes all of the following:	191

(A) Instruction on the statutes and rules that govern the	192
sale of beer, wine, mixed beverages, and intoxicating liquor;	193

(B) Instruction on the prevention of the illegal serving of	194
beer, wine, mixed beverages, and intoxicating liquor to persons	195
under twenty-one years of age;	196

(C) Use of conflict management skills in alcohol-related	197
situations;	198

(D) Instruction on methods to safely evacuate the premises of	199
a permit holder in an emergency.	200

Sec. 4301.365. (A) If a majority of the electors in a	201
precinct vote "yes" on questions (B)(1) and (2) as set forth in	202
section 4301.355 of the Revised Code, the sale of beer, wine and	203
mixed beverages, or intoxicating liquor, whichever was the subject	204
of the election, shall be allowed at the particular location and	205
for the use, and during the hours on Sunday, specified in the	206
questions under each permit applied for by the petitioner or at	207
the address listed for the liquor agency store, subject only to	208
Chapters 4301.this chapter and Chapter 4303. of the Revised Code.	209
Failure to continue to use the particular location for any	210
proposed or stated use set forth in the petition is grounds for	211
the denial of a renewal of the liquor permit under division (A) of	212
section 4303.271 of the Revised Code or is grounds for the	213
nonrenewal or cancellation of the liquor agency store contract by	214
the division of liquor control, except in the case where the	215
liquor permit holder or liquor agency store decides to cease the	216
sale of beer, wine and mixed beverages, or intoxicating liquor,	217
whichever was the subject of the election, on Sundays.	218

(B) IfExcept as otherwise provided in division (H) of this	219
section, if a majority of the electors in a precinct vote "yes" on	220
question (B)(1) and "no" on question (B)(2) as set forth in	221
section 4301.355 of the Revised Code, the sale of beer, wine and	222
mixed beverages, or intoxicating liquor, whichever was the subject	223
of the election, shall be allowed at the particular location for	224
the use specified in question (B)(1) of section 4301.355 of the	225
Revised Code and under each permit applied for by the petitioner,	226
except for a D-6 permit, subject only to Chapters 4301.this	227
chapter and Chapter 4303. of the Revised Code.	228

(C) If a majority of the electors in a precinct vote "no" on	229
question (B)(1) as set forth in section 4301.355 of the Revised	230
Code, no sales of beer, wine and mixed beverages, or intoxicating	231
liquor, whichever was the subject of the election, shall be	232
allowed at the particular location for the use specified in the	233
petition during the period the election is in effect as defined in	234
section 4301.37 of the Revised Code.	235

(D) If a majority of the electors in a precinct vote only on	236
question (B)(2) as set forth in section 4301.355 of the Revised	237
Code and that vote results in a majority "yes" vote, sales of	238
beer, wine and mixed beverages, or intoxicating liquor, whichever	239
was the subject of the election, shall be allowed at the	240
particular location for the use and during the hours specified in	241
the petition on Sunday during the period the election is in effect	242
as defined in section 4301.37 of the Revised Code.	243

(E) IfExcept as otherwise provided in division (H) of this	244
section, if a majority of the electors in a precinct vote only on	245
question (B)(2) as set forth in section 4301.355 of the Revised	246
Code and that vote results in a majority "no" vote, no sales of	247
beer, wine and mixed beverages, or intoxicating liquor, whichever	248
was the subject of the election, shall be allowed at the	249
particular location for the use and during the hours specified in	250
the petition on Sunday during the period the election is in effect	251
as defined in section 4301.37 of the Revised Code.	252

(F) In case of elections in the same precinct for the	253
question or questions set forth in section 4301.355 of the Revised	254
Code and for a question or questions set forth in section 4301.35,	255
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised	256
Code, the results of the election held on the question or	257
questions set forth in section 4301.355 of the Revised Code shall	258
apply to the particular location notwithstanding the results of	259
the election held on the question or questions set forth in	260
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14	261
of the Revised Code.	262

(G) Sections 4301.32 to 4301.41 of the Revised Code do not	263
prohibit the transfer of ownership of a permit that was issued to	264
a particular location as the result of an election held on sales	265
of beer, wine and mixed beverages, or intoxicating liquor at that	266
particular location as long as the general nature of the business	267
at that particular location described in the petition for that	268
election remains the same after the transfer.	269

(H) If question (B)(2) as set forth in section 4301.355 of	270
the Revised Code is submitted to the electors of a precinct	271
proposing to authorize the sale of beer, wine and mixed beverages,	272
or intoxicating liquor between the hours of ten a.m. and midnight	273
at a particular location at which the sale of beer, wine and mixed	274
beverages, or intoxicating liquor is already allowed between the	275
hours of one p.m. and midnight and the question submitted is	276
defeated, the sale of beer, wine and mixed beverages, or	277
intoxicating liquor between the hours of one p.m. and midnight	278
shall continue at that particular location.	279

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

280

(1) "Chauffeured limousine" means a vehicle registered under	281
section 4503.24 of the Revised Code.	282

(2) "Street," "highway," and "motor vehicle" have the same	283
meanings as in section 4511.01 of the Revised Code.	284

(B) No person shall have in the person's possession an opened	285
container of beer or intoxicating liquor in any of the following	286
circumstances:	287

(1) In a state liquor store;

288

(2) Except as provided in division (C) of this section, on	289
the premises of the holder of any permit issued by the division of	290
liquor control;	291

(3) In any other public place;

292

(4) Except as provided in division (D) of this section, while	293
operating or being a passenger in or on a motor vehicle on any	294
street, highway, or other public or private property open to the	295
public for purposes of vehicular travel or parking;	296

(5) Except as provided in division (D) of this section, while	297
being in or on a stationary motor vehicle on any street, highway,	298
or other public or private property open to the public for	299
purposes of vehicular travel or parking.	300

(C)(1) A person may have in the person's possession an opened	301
container of any of the following:	302

(a) Beer or intoxicating liquor that has been lawfully	303
purchased for consumption on the premises where bought from the	304
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5,	305
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	306
D-7, D-8, E, F, or F-2, or F-5 permit;	307

(b) Beer, wine, or mixed beverages served for consumption on	308
the premises by the holder of an F-3 permit or wine served for	309
consumption on the premises by the holder of an F-4 or F-6 permit;	310

(c) Beer or intoxicating liquor consumed on the premises of a	311
convention facility as provided in section 4303.201 of the Revised	312
Code;	313

(d) Beer or intoxicating liquor to be consumed during	314
tastings and samplings approved by rule of the liquor control	315
commission.	316

(2) A person may have in the person's possession on an F	317
liquor permit premises an opened container of beer or intoxicating	318
liquor that was not purchased from the holder of the F permit if	319
the premises for which the F permit is issued is a music festival	320
and the holder of the F permit grants permission for that	321
possession on the premises during the period for which the F	322
permit is issued. As used in this division, "music festival" means	323
a series of outdoor live musical performances, extending for a	324
period of at least three consecutive days and located on an area	325
of land of at least forty acres.	326

(D) This section does not apply to a person who pays all or a	327
portion of the fee imposed for the use of a chauffeured limousine	328
pursuant to a prearranged contract, or the guest of the person,	329
when all of the following apply:	330

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

331

(2) The person or guest is located in the limousine, but is	332
not occupying a seat in the front compartment of the limousine	333
where the operator of the limousine is located.	334

(3) The limousine is located on any street, highway, or other	335
public or private property open to the public for purposes of	336
vehicular travel or parking.	337

Sec. 4301.635. (A) As used in this section:

338

(1) "Compliance check" means an attempt on behalf of a law	339
enforcement agency or the division of liquor control to purchase	340
any beer, wine, mixed beverages, or intoxicating liquor in the	341
enforcement of any section of this chapter or any rule of the	342
liquor control commission in which the age of the purchaser is an	343
element of the offense.	344

(2) "Confidential informant" means a person who is under	345
twenty-one years of age and who is engaged in conducting	346
compliance checks.	347

(3) "Law enforcement agency" means an organization or unit	348
made up of law enforcement officers authorized to enforce this	349
chapter and also includes the investigative unit of the department	350
of public safety described in section 5502.13 of the Revised Code.	351

(B) Within a reasonable period of time after the conduct of a	352
compliance check, the law enforcement agency that conducted the	353
compliance check, or the division of liquor control if the	354
division conducted the compliance check, shall send written	355
notification of it to the permit holder that was its subject. If	356
the confidential informant who participated in the compliance	357
check was able to purchase beer, wine, mixed beverages, or	358
intoxicating liquor, the citation issued for the violation	359
constitutes that notification. If the confidential informant who	360
participated in the compliance check was unable to purchase beer,	361
wine, mixed beverages, or intoxicating liquor, the notification	362
shall indicate the date and time of the compliance check, the law	363
enforcement agency that conducted the compliance check or, when	364
applicable, that the division of liquor control conducted the	365
compliance check, and the permit holder or a general description	366
of the employee of the permit holder who refused to make the sale.	367

Sec. 4303.206. (A) The division of liquor control may issue	368
an F-6 permit to a nonprofit organization that is exempt from	369
federal income taxation under the "Internal Revenue Code of 1986,"	370
100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as amended, to sell wine at	371
an event organized and conducted by, and for the benefit of, the	372
nonprofit organization.	373

(B) An F-6 permit may be issued to a nonprofit organization	374
if the premises of the event for which the F-6 permit is sought is	375
located in a precinct, or at a particular location in a precinct,	376
in which the sale of wine is otherwise permitted by law. The	377
premises of the event for which an F-6 permit is issued shall be	378
clearly defined and sufficiently restricted to allow proper	379
enforcement of the permit by state and local law enforcement	380
officers. If an F-6 permit is issued for all or a portion of the	381
same premises for which another class of permit is issued, that	382
permit holder's privileges shall be suspended in that portion of	383
the premises in which the F-6 permit is in effect.	384

(C) A holder of an F-6 permit may charge an admission price	385
to attend the event for which the permit is issued, which price	386
includes the consumption of wine or sale of wine by the individual	387
drink.	388

(D) A holder of an F-6 permit may sell wine in its original	389
sealed container by auction at the event for which the permit is	390
issued.	391

(E) Nothing in this chapter or Chapter 4301. of the Revised	392
Code or any rule adopted by the liquor control commission prevents	393
the holder of an F-6 permit from obtaining wine by donation from a	394
manufacturer, supplier, or wholesale distributor of wine or from	395
any person who is not the holder of a permit issued by the	396
division of liquor control.	397

(F) Notwithstanding any contrary provision of section 4301.24	398
of the Revised Code or of any rule adopted by the liquor control	399
commission, employees of a manufacturer, supplier, or wholesale	400
distributor may assist the holder of an F-6 permit in serving wine	401
at the event for which the permit is issued.	402

(G) The division shall prepare and make available an F-6	403
permit application form and may require applicants for the permit	404
to provide information necessary for the administration of this	405
section.	406

(H) No F-6 permit shall be effective for more than	407
seventy-two consecutive hours, and sales of wine under the permit	408
shall be confined to the same hours permitted to the holder of a	409
D-2 permit. The division shall not issue more than six F-6 permits	410
per calendar year to the same nonprofit organization.	411

(I) The fee for an F-6 permit is fifty dollars.

412

Sec. 4303.35.  No holders of A-1-A, C-1, C-2, D-1, D-2, D-3,	413
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	414
D-5h, D-5i, D-5j, D-5k, F, or F-3, F-5, or F-6 permits shall	415
purchase any beer subject to the tax imposed by sections 4301.42	416
and 4305.01 of the Revised Code or any wine or mixed beverage	417
subject to the tax imposed by section 4301.43 of the Revised Code	418
for resale, except from holders of A or B permits.	419

No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	420
D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-5k permits	421
shall purchase spirituous liquor for resale except from the	422
division of liquor control, unless with the special consent of the	423
division under particular regulations and markup provisions	424
prescribed by the superintendent of liquor control.	425

Section 2. That existing sections 4301.25, 4301.252,	426
4301.365, 4301.62, and 4303.35 of the Revised Code are hereby	427
repealed.	428