Sub. H. B. No. 140 As Passed by the Senate

Representatives Carmichael, D. Stewart, Setzer, T. Patton, Barrett, Beatty, Blasdel, Brown, Buehrer, Carano, Cassell, Chandler, Coley, DeGeeter, Domenick, D. Evans, Faber, Harwood, Hughes, Key, McGregor, Otterman, Perry, Seaver, Seitz, Yuko, Trakas

Senators Austria, Mumper, Niehaus, Schuler

A BILL

To amend section 4301.252 and to enact section 1
4303.251 of the Revised Code to authorize the 2
Liquor Control Commission to issue an order 3
allowing a permit holder to pay a forfeiture 4
rather than have the holder's permit revoked and 5
to authorize entities involved in the manufacture 6
or distribution of beer or intoxicating liquor to 7
conduct consumer product instruction, or provide 8
sample servings of their products, at a retail 9
permit holder's premises without having to obtain 10
a retail liquor permit. 11

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

       Section 1. That section 4301.252 be amended and section 12
4303.251 of the Revised Code be enacted to read as follows: 13

       Sec. 4301.252. (A)(1) Except as provided in divisions 14
(A)(2)(d), (B), and (C) of this section, when the liquor control 15
commission determines that the permit of any permit holder is to 16
be suspended under Title XLIII of the Revised Code or any rule of 17
the commission, the commission may issue an order allowing a 18
permit holder to elect to pay a forfeiture for each day of the 19
suspension in accordance with division (A)(2) of this section, 20
rather than to suspend operations under the permit holder's permit 21
issued for the premises at which the violation occurred. 22

       (2)(a) If the permit holder has not violated, at the premises 23
for which the permit holder's permit was issued, any provision of 24
Title XLIII of the Revised Code or rule of the commission during 25
the preceding two years, the amount of the forfeiture for each day 26
for the suspension shall be from one hundred to two hundred 27
dollars. 28

       (b) If the permit holder has violated, at the premises for 29
which the permit holder's permit was issued, any provision of 30
Title XLIII of the Revised Code or rule of the commission for 31
which the permit holder has been disciplined by the commission not 32
more than one other time during the preceding two years, the 33
amount of the forfeiture for each day of the suspension shall be 34
from two hundred to four hundred dollars. 35

       (c) Except as provided under division (A)(2)(e) of this 36
section, if the permit holder has violated, at the premises for 37
which the permit holder's permit was issued, any provision of 38
Title XLIII of the Revised Code or rule of the commission for 39
which the permit holder has been disciplined by the commission 40
more than once, but not more than twice, during the preceding two 41
years, the commission shall establish the amount of the forfeiture 42
for each day of the suspension, but the amount shall be not less 43
than three hundred dollars for each day of suspension. 44

       (d) If the permit holder has violated, at the premises for 45
which the permit holder's permit was issued, any provision of 46
Title XLIII of the Revised Code or rule of the commission for 47
which the permit holder has been disciplined by the commission 48
more than twice during the preceding two years, the commission may 49
suspend or revoke the permit issued for the premises at which the 50
violation occurred, or the commission shall establish the amount 51
of the forfeiture for each day of a suspension, but the amount 52
shall not be less than five hundred dollars for each day of 53
suspension. The commission, and not the permit holder, shall 54
determine whether the permit holder shall pay the forfeiture so 55
established for a suspension instead of having the permit holder's 56
permit suspended or revoked. 57

       (e) If the permit holder has committed, at the premises for 58
which the permit holder's permit was issued, a gambling offense as 59
defined in section 2915.01, a drug abuse offense as defined in 60
section 2925.01, or an offense described in section 2907.07, 61
2907.21, 2907.22, 2907.23, 2907.24, or 2907.25, division (A) or 62
(B) of section 4301.22, or section 4301.69 of the Revised Code or 63
a municipal ordinance substantially equivalent to any offense 64
defined or described in a section or division listed in division 65
(A)(2)(e) of this section for which the permit holder has been 66
disciplined by the commission more than once, but not more than 67
twice, during the preceding two years, the commission may suspend 68
or revoke the permit issued for the premises at which the 69
violation occurred. A person does not have to plead guilty to or 70
be convicted of an offense defined or described in a section or 71
division listed in division (A)(2)(e) of this section in order for 72
this division to apply. 73

       (3) When the commission issues an order allowing a permit 74
holder the option of paying a forfeiture rather than suspending 75
operations under the permit holder's permit issued for the 76
premises at which the violation occurred, the order shall notify 77
the permit holder of the option of paying a forfeiture. The order 78
shall state the number of days for which the permit may be 79
suspended, that the permit holder has twenty-one days after the 80
date on which the order is sent to pay the full amount of the 81
forfeiture by bank check, certified check, or money order, and 82
that, if the permit holder does not do so, the permit holder's 83
permit issued for the premises at which the violation occurred 84
shall be suspended for the period stated in the order. If the 85
permit holder fails to pay the full amount of the forfeiture by 86
bank check, certified check, or money order within twenty-one days 87
after the date on which the order is sent, the commission shall 88
issue an order suspending the permit holder's permit issued for 89
the premises at which the violation occurred for the period stated 90
in the order allowing payment of a forfeiture. The suspension 91
shall be effective on the twenty-eighth day after the date on 92
which the order allowing the payment of a forfeiture is sent. Even 93
a permit holder who pays a forfeiture may file an appeal under 94
section 119.12 of the Revised Code. A permit holder shall be 95
considered to have paid a forfeiture when the permit holder's bank 96
check, certified check, or money order is received by the 97
commission in Columbus. Upon receipt of a permit holder's bank 98
check, certified check, or money order under this division, the 99
commission shall promptly notify the division of liquor control of 100
its receipt. 101

       (B) No permit holder shall be permitted to pay a forfeiture 102
instead of having the permit holder's permit issued for the 103
premises at which the violation occurred suspended if the 104
suspension is ordered for the reasons stated in division (A)(6) of 105
section 4301.25 of the Revised Code. 106

       (C) When the evidence and the nature of any violation of 107
Title XLIII of the Revised Code show that continued operation of 108
the permit premises presents a clear and present danger to public 109
health and safety, or if the commission finds, upon reliable, 110
probative, and substantial evidence, that the statutory elements 111
of a felony committed in connection with the operation of the 112
permit premises are present in the action for which the permit 113
holder is being disciplined, the commission may suspend the permit 114
issued for the premises at which the violation occurred and shall 115
not allow the permit holder to pay a forfeiture instead of 116
suspending the permit holder's permit operations. 117

       (D) Except as provided in this division, when the commission 118
determines that the permit of any permit holder is to be revoked 119
under Title XLIII of the Revised Code or any rule of the 120
commission, the commission may issue an order allowing a permit 121
holder to elect to pay a forfeiture rather than to revoke the 122
permit holder's permit issued for the premises at which the 123
violation occurred. 124

        When the commission issues an order allowing a permit holder 125
the option of paying a forfeiture rather than revoking the permit 126
holder's permit, the order shall notify the permit holder of the 127
option of paying a forfeiture. The order shall state the effective 128
date of the revocation of the permit holder's permit as 129
twenty-eight days after the date on which the order is sent, that 130
the permit holder has twenty-one days after the date on which the 131
order is sent to pay the full amount of the forfeiture by bank 132
check, certified check, or money order, and that, if the permit 133
holder does not do so, the permit holder's permit issued for the 134
premises at which the violation occurred shall be revoked on the 135
effective date stated in the order. If the permit holder fails to 136
pay the full amount of the forfeiture by bank check, certified 137
check, or money order within twenty-one days after the date on 138
which the order is sent, the commission shall issue an order 139
revoking the permit holder's permit issued for the premises at 140
which the violation occurred. The revocation shall be effective on 141
the twenty-eighth day after the date on which the order allowing 142
the payment of a forfeiture is sent. A permit holder shall be 143
considered to have paid a forfeiture when the permit holder's bank 144
check, certified check, or money order is received by the 145
commission in Columbus. Upon receipt of a permit holder's bank 146
check, certified check, or money order, the commission shall 147
promptly notify the division of liquor control of its receipt. 148

       When the evidence and the nature of any violation of Title 149
XLIII of the Revised Code show that continued operation of the 150
permit premises presents a clear and present danger to public 151
health and safety, or if the commission finds, upon reliable, 152
probative, and substantial evidence, that the statutory elements 153
of a felony committed in connection with the operation of the 154
permit premises are present in the action for which the permit 155
holder is being disciplined, the commission may revoke the permit 156
issued for the premises at which the violation occurred and shall 157
not allow the permit holder to pay a forfeiture instead of 158
revoking the permit holder's permit. 159

        No permit holder shall be permitted to pay a forfeiture 160
instead of having the permit holder's permit issued for the 161
premises at which the violation occurred revoked if the revocation 162
is ordered for the reasons stated in division (A)(6) or (B) of 163
section 4301.25 of the Revised Code. 164

       Sec. 4303.251. A manufacturer, supplier, broker, or wholesale 165
distributor of beer or intoxicating liquor, or an agent, 166
solicitor, or salesperson who is registered under section 4303.25 167
of the Revised Code and who represents the manufacturer, supplier, 168
broker, or wholesale distributor of beer or intoxicating liquor, 169
may conduct consumer product instruction, or provide sample 170
servings of the manufacturer's, supplier's, broker's, or wholesale 171
distributor's products, on the premises of a retail permit holder 172
who is authorized to sell the products for on-premises 173
consumption, without the manufacturer, supplier, broker, wholesale 174
distributor, agent, solicitor, or salesperson having to be issued 175
a retail permit under this chapter. The person providing a sample 176
serving shall purchase the beer or intoxicating liquor at the 177
ordinary retail price from the retail permit holder whose premises 178
are involved. The liquor control commission shall adopt rules in 179
accordance with Chapter 119. of the Revised Code to implement this 180
section. 181

       Section 2. That existing section 4301.252 of the Revised Code 182
is hereby repealed. 183

Section 1. That section 4301.252 be amended and section	12
4303.251 of the Revised Code be enacted to read as follows:	13

Sec. 4301.252. (A)(1) Except as provided in divisions	14
(A)(2)(d), (B), and (C) of this section, when the liquor control	15
commission determines that the permit of any permit holder is to	16
be suspended under Title XLIII of the Revised Code or any rule of	17
the commission, the commission may issue an order allowing a	18
permit holder to elect to pay a forfeiture for each day of the	19
suspension in accordance with division (A)(2) of this section,	20
rather than to suspend operations under the permit holder's permit	21
issued for the premises at which the violation occurred.	22

(2)(a) If the permit holder has not violated, at the premises	23
for which the permit holder's permit was issued, any provision of	24
Title XLIII of the Revised Code or rule of the commission during	25
the preceding two years, the amount of the forfeiture for each day	26
for the suspension shall be from one hundred to two hundred	27
dollars.	28

(b) If the permit holder has violated, at the premises for	29
which the permit holder's permit was issued, any provision of	30
Title XLIII of the Revised Code or rule of the commission for	31
which the permit holder has been disciplined by the commission not	32
more than one other time during the preceding two years, the	33
amount of the forfeiture for each day of the suspension shall be	34
from two hundred to four hundred dollars.	35

(c) Except as provided under division (A)(2)(e) of this	36
section, if the permit holder has violated, at the premises for	37
which the permit holder's permit was issued, any provision of	38
Title XLIII of the Revised Code or rule of the commission for	39
which the permit holder has been disciplined by the commission	40
more than once, but not more than twice, during the preceding two	41
years, the commission shall establish the amount of the forfeiture	42
for each day of the suspension, but the amount shall be not less	43
than three hundred dollars for each day of suspension.	44

(d) If the permit holder has violated, at the premises for	45
which the permit holder's permit was issued, any provision of	46
Title XLIII of the Revised Code or rule of the commission for	47
which the permit holder has been disciplined by the commission	48
more than twice during the preceding two years, the commission may	49
suspend or revoke the permit issued for the premises at which the	50
violation occurred, or the commission shall establish the amount	51
of the forfeiture for each day of a suspension, but the amount	52
shall not be less than five hundred dollars for each day of	53
suspension. The commission, and not the permit holder, shall	54
determine whether the permit holder shall pay the forfeiture so	55
established for a suspension instead of having the permit holder's	56
permit suspended or revoked.	57

(e) If the permit holder has committed, at the premises for	58
which the permit holder's permit was issued, a gambling offense as	59
defined in section 2915.01, a drug abuse offense as defined in	60
section 2925.01, or an offense described in section 2907.07,	61
2907.21, 2907.22, 2907.23, 2907.24, or 2907.25, division (A) or	62
(B) of section 4301.22, or section 4301.69 of the Revised Code or	63
a municipal ordinance substantially equivalent to any offense	64
defined or described in a section or division listed in division	65
(A)(2)(e) of this section for which the permit holder has been	66
disciplined by the commission more than once, but not more than	67
twice, during the preceding two years, the commission may suspend	68
or revoke the permit issued for the premises at which the	69
violation occurred. A person does not have to plead guilty to or	70
be convicted of an offense defined or described in a section or	71
division listed in division (A)(2)(e) of this section in order for	72
this division to apply.	73

(3) When the commission issues an order allowing a permit	74
holder the option of paying a forfeiture rather than suspending	75
operations under the permit holder's permit issued for the	76
premises at which the violation occurred, the order shall notify	77
the permit holder of the option of paying a forfeiture. The order	78
shall state the number of days for which the permit may be	79
suspended, that the permit holder has twenty-one days after the	80
date on which the order is sent to pay the full amount of the	81
forfeiture by bank check, certified check, or money order, and	82
that, if the permit holder does not do so, the permit holder's	83
permit issued for the premises at which the violation occurred	84
shall be suspended for the period stated in the order. If the	85
permit holder fails to pay the full amount of the forfeiture by	86
bank check, certified check, or money order within twenty-one days	87
after the date on which the order is sent, the commission shall	88
issue an order suspending the permit holder's permit issued for	89
the premises at which the violation occurred for the period stated	90
in the order allowing payment of a forfeiture. The suspension	91
shall be effective on the twenty-eighth day after the date on	92
which the order allowing the payment of a forfeiture is sent. Even	93
a permit holder who pays a forfeiture may file an appeal under	94
section 119.12 of the Revised Code. A permit holder shall be	95
considered to have paid a forfeiture when the permit holder's bank	96
check, certified check, or money order is received by the	97
commission in Columbus. Upon receipt of a permit holder's bank	98
check, certified check, or money order under this division, the	99
commission shall promptly notify the division of liquor control of	100
its receipt.	101

(B) No permit holder shall be permitted to pay a forfeiture	102
instead of having the permit holder's permit issued for the	103
premises at which the violation occurred suspended if the	104
suspension is ordered for the reasons stated in division (A)(6) of	105
section 4301.25 of the Revised Code.	106

(C) When the evidence and the nature of any violation of	107
Title XLIII of the Revised Code show that continued operation of	108
the permit premises presents a clear and present danger to public	109
health and safety, or if the commission finds, upon reliable,	110
probative, and substantial evidence, that the statutory elements	111
of a felony committed in connection with the operation of the	112
permit premises are present in the action for which the permit	113
holder is being disciplined, the commission may suspend the permit	114
issued for the premises at which the violation occurred and shall	115
not allow the permit holder to pay a forfeiture instead of	116
suspending the permit holder's permit operations.	117

(D) Except as provided in this division, when the commission	118
determines that the permit of any permit holder is to be revoked	119
under Title XLIII of the Revised Code or any rule of the	120
commission, the commission may issue an order allowing a permit	121
holder to elect to pay a forfeiture rather than to revoke the	122
permit holder's permit issued for the premises at which the	123
violation occurred.	124

When the commission issues an order allowing a permit holder	125
the option of paying a forfeiture rather than revoking the permit	126
holder's permit, the order shall notify the permit holder of the	127
option of paying a forfeiture. The order shall state the effective	128
date of the revocation of the permit holder's permit as	129
twenty-eight days after the date on which the order is sent, that	130
the permit holder has twenty-one days after the date on which the	131
order is sent to pay the full amount of the forfeiture by bank	132
check, certified check, or money order, and that, if the permit	133
holder does not do so, the permit holder's permit issued for the	134
premises at which the violation occurred shall be revoked on the	135
effective date stated in the order. If the permit holder fails to	136
pay the full amount of the forfeiture by bank check, certified	137
check, or money order within twenty-one days after the date on	138
which the order is sent, the commission shall issue an order	139
revoking the permit holder's permit issued for the premises at	140
which the violation occurred. The revocation shall be effective on	141
the twenty-eighth day after the date on which the order allowing	142
the payment of a forfeiture is sent. A permit holder shall be	143
considered to have paid a forfeiture when the permit holder's bank	144
check, certified check, or money order is received by the	145
commission in Columbus. Upon receipt of a permit holder's bank	146
check, certified check, or money order, the commission shall	147
promptly notify the division of liquor control of its receipt.	148

When the evidence and the nature of any violation of Title	149
XLIII of the Revised Code show that continued operation of the	150
permit premises presents a clear and present danger to public	151
health and safety, or if the commission finds, upon reliable,	152
probative, and substantial evidence, that the statutory elements	153
of a felony committed in connection with the operation of the	154
permit premises are present in the action for which the permit	155
holder is being disciplined, the commission may revoke the permit	156
issued for the premises at which the violation occurred and shall	157
not allow the permit holder to pay a forfeiture instead of	158
revoking the permit holder's permit.	159

No permit holder shall be permitted to pay a forfeiture	160
instead of having the permit holder's permit issued for the	161
premises at which the violation occurred revoked if the revocation	162
is ordered for the reasons stated in division (A)(6) or (B) of	163
section 4301.25 of the Revised Code.	164

Sec. 4303.251. A manufacturer, supplier, broker, or wholesale	165
distributor of beer or intoxicating liquor, or an agent,	166
solicitor, or salesperson who is registered under section 4303.25	167
of the Revised Code and who represents the manufacturer, supplier,	168
broker, or wholesale distributor of beer or intoxicating liquor,	169
may conduct consumer product instruction, or provide sample	170
servings of the manufacturer's, supplier's, broker's, or wholesale	171
distributor's products, on the premises of a retail permit holder	172
who is authorized to sell the products for on-premises	173
consumption, without the manufacturer, supplier, broker, wholesale	174
distributor, agent, solicitor, or salesperson having to be issued	175
a retail permit under this chapter. The person providing a sample	176
serving shall purchase the beer or intoxicating liquor at the	177
ordinary retail price from the retail permit holder whose premises	178
are involved. The liquor control commission shall adopt rules in	179
accordance with Chapter 119. of the Revised Code to implement this	180
section.	181

Section 2. That existing section 4301.252 of the Revised Code	182
is hereby repealed.	183