Am. H. B. No. 209 As Passed by the House

Representatives Combs, Carano, Chandler, C. Evans, Harwood, Martin, Perry, Trakas, Daniels, Fende, Yuko, Wolpert, Allen, Barrett, Blessing, Boccieri, Brown, Distel, Domenick, D. Evans, Flowers, Hughes, Kearns, Key, Otterman, Reidelbach, Schneider, Seaver, Seitz, Webster, Yates

A BILL

To amend section 4303.181 of the Revised Code to 1
qualify the owner or operator of a community arts 2
center for issuance of a D-5h liquor permit and to 3
create an additional qualification under which a 4
D-5j liquor permit may be issued within a 5
community entertainment district. 6

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

       Section 1. That section 4303.181 of the Revised Code be 7
amended to read as follows: 8

       Sec. 4303.181. (A) Permit D-5a may be issued either to the 9
owner or operator of a hotel or motel that is required to be 10
licensed under section 3731.03 of the Revised Code, that contains 11
at least fifty rooms for registered transient guests or is owned 12
by a state institution of higher education as defined in section 13
3345.011 of the Revised Code or a private college or university, 14
and that qualifies under the other requirements of this section, 15
or to the owner or operator of a restaurant specified under this 16
section, to sell beer and any intoxicating liquor at retail, only 17
by the individual drink in glass and from the container, for 18
consumption on the premises where sold, and to registered guests 19
in their rooms, which may be sold by means of a controlled access 20
alcohol and beverage cabinet in accordance with division (B) of 21
section 4301.21 of the Revised Code; and to sell the same products 22
in the same manner and amounts not for consumption on the premises 23
as may be sold by holders of D-1 and D-2 permits. The premises of 24
the hotel or motel shall include a retail food establishment or a 25
food service operation licensed pursuant to Chapter 3717. of the 26
Revised Code that operates as a restaurant for purposes of this 27
chapter and that is affiliated with the hotel or motel and within 28
or contiguous to the hotel or motel, and that serves food within 29
the hotel or motel, but the principal business of the owner or 30
operator of the hotel or motel shall be the accommodation of 31
transient guests. In addition to the privileges authorized in this 32
division, the holder of a D-5a permit may exercise the same 33
privileges as the holder of a D-5 permit. 34

       The owner or operator of a hotel, motel, or restaurant who 35
qualified for and held a D-5a permit on August 4, 1976, may, if 36
the owner or operator held another permit before holding a D-5a 37
permit, either retain a D-5a permit or apply for the permit 38
formerly held, and the division of liquor control shall issue the 39
permit for which the owner or operator applies and formerly held, 40
notwithstanding any quota. 41

       A D-5a permit shall not be transferred to another location. 42
No quota restriction shall be placed on the number of D-5a permits 43
that may be issued. 44

       The fee for this permit is two thousand three hundred 45
forty-four dollars. 46

       (B) Permit D-5b may be issued to the owner, operator, tenant, 47
lessee, or occupant of an enclosed shopping center to sell beer 48
and intoxicating liquor at retail, only by the individual drink in 49
glass and from the container, for consumption on the premises 50
where sold; and to sell the same products in the same manner and 51
amount not for consumption on the premises as may be sold by 52
holders of D-1 and D-2 permits. In addition to the privileges 53
authorized in this division, the holder of a D-5b permit may 54
exercise the same privileges as a holder of a D-5 permit. 55

       A D-5b permit shall not be transferred to another location. 56

       One D-5b permit may be issued at an enclosed shopping center 57
containing at least two hundred twenty-five thousand, but less 58
than four hundred thousand, square feet of floor area. 59

       Two D-5b permits may be issued at an enclosed shopping center 60
containing at least four hundred thousand square feet of floor 61
area. No more than one D-5b permit may be issued at an enclosed 62
shopping center for each additional two hundred thousand square 63
feet of floor area or fraction of that floor area, up to a maximum 64
of five D-5b permits for each enclosed shopping center. The number 65
of D-5b permits that may be issued at an enclosed shopping center 66
shall be determined by subtracting the number of D-3 and D-5 67
permits issued in the enclosed shopping center from the number of 68
D-5b permits that otherwise may be issued at the enclosed shopping 69
center under the formulas provided in this division. Except as 70
provided in this section, no quota shall be placed on the number 71
of D-5b permits that may be issued. Notwithstanding any quota 72
provided in this section, the holder of any D-5b permit first 73
issued in accordance with this section is entitled to its renewal 74
in accordance with section 4303.271 of the Revised Code. 75

       The holder of a D-5b permit issued before April 4, 1984, 76
whose tenancy is terminated for a cause other than nonpayment of 77
rent, may return the D-5b permit to the division of liquor 78
control, and the division shall cancel that permit. Upon 79
cancellation of that permit and upon the permit holder's payment 80
of taxes, contributions, premiums, assessments, and other debts 81
owing or accrued upon the date of cancellation to this state and 82
its political subdivisions and a filing with the division of a 83
certification of that payment, the division shall issue to that 84
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as 85
that person requests. The division shall issue the D-5 permit, or 86
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2, 87
D-3, or D-5 permits currently issued in the municipal corporation 88
or in the unincorporated area of the township where that person's 89
proposed premises is located equals or exceeds the maximum number 90
of such permits that can be issued in that municipal corporation 91
or in the unincorporated area of that township under the 92
population quota restrictions contained in section 4303.29 of the 93
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not 94
be transferred to another location. If a D-5b permit is canceled 95
under the provisions of this paragraph, the number of D-5b permits 96
that may be issued at the enclosed shopping center for which the 97
D-5b permit was issued, under the formula provided in this 98
division, shall be reduced by one if the enclosed shopping center 99
was entitled to more than one D-5b permit under the formula. 100

       The fee for this permit is two thousand three hundred 101
forty-four dollars. 102

       (C) Permit D-5c may be issued to the owner or operator of a 103
retail food establishment or a food service operation licensed 104
pursuant to Chapter 3717. of the Revised Code that operates as a 105
restaurant for purposes of this chapter and that qualifies under 106
the other requirements of this section to sell beer and any 107
intoxicating liquor at retail, only by the individual drink in 108
glass and from the container, for consumption on the premises 109
where sold, and to sell the same products in the same manner and 110
amounts not for consumption on the premises as may be sold by 111
holders of D-1 and D-2 permits. In addition to the privileges 112
authorized in this division, the holder of a D-5c permit may 113
exercise the same privileges as the holder of a D-5 permit. 114

       To qualify for a D-5c permit, the owner or operator of a 115
retail food establishment or a food service operation licensed 116
pursuant to Chapter 3717. of the Revised Code that operates as a 117
restaurant for purposes of this chapter, shall have operated the 118
restaurant at the proposed premises for not less than twenty-four 119
consecutive months immediately preceding the filing of the 120
application for the permit, have applied for a D-5 permit no later 121
than December 31, 1988, and appear on the division's quota waiting 122
list for not less than six months immediately preceding the filing 123
of the application for the permit. In addition to these 124
requirements, the proposed D-5c permit premises shall be located 125
within a municipal corporation and further within an election 126
precinct that, at the time of the application, has no more than 127
twenty-five per cent of its total land area zoned for residential 128
use. 129

       A D-5c permit shall not be transferred to another location. 130
No quota restriction shall be placed on the number of such permits 131
that may be issued. 132

       Any person who has held a D-5c permit for at least two years 133
may apply for a D-5 permit, and the division of liquor control 134
shall issue the D-5 permit notwithstanding the quota restrictions 135
contained in section 4303.29 of the Revised Code or in any rule of 136
the liquor control commission. 137

       The fee for this permit is one thousand five hundred 138
sixty-three dollars. 139

       (D) Permit D-5d may be issued to the owner or operator of a 140
retail food establishment or a food service operation licensed 141
pursuant to Chapter 3717. of the Revised Code that operates as a 142
restaurant for purposes of this chapter and that is located at an 143
airport operated by a board of county commissioners pursuant to 144
section 307.20 of the Revised Code, at an airport operated by a 145
port authority pursuant to Chapter 4582. of the Revised Code, or 146
at an airport operated by a regional airport authority pursuant to 147
Chapter 308. of the Revised Code. The holder of a D-5d permit may 148
sell beer and any intoxicating liquor at retail, only by the 149
individual drink in glass and from the container, for consumption 150
on the premises where sold, and may sell the same products in the 151
same manner and amounts not for consumption on the premises where 152
sold as may be sold by the holders of D-1 and D-2 permits. In 153
addition to the privileges authorized in this division, the holder 154
of a D-5d permit may exercise the same privileges as the holder of 155
a D-5 permit. 156

       A D-5d permit shall not be transferred to another location. 157
No quota restrictions shall be placed on the number of such 158
permits that may be issued. 159

       The fee for this permit is two thousand three hundred 160
forty-four dollars. 161

       (E) Permit D-5e may be issued to any nonprofit organization 162
that is exempt from federal income taxation under the "Internal 163
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as 164
amended, or that is a charitable organization under any chapter of 165
the Revised Code, and that owns or operates a riverboat that meets 166
all of the following: 167

       (1) Is permanently docked at one location; 168

       (2) Is designated as an historical riverboat by the Ohio 169
historical society; 170

       (3) Contains not less than fifteen hundred square feet of 171
floor area; 172

       (4) Has a seating capacity of fifty or more persons. 173

       The holder of a D-5e permit may sell beer and intoxicating 174
liquor at retail, only by the individual drink in glass and from 175
the container, for consumption on the premises where sold. 176

       A D-5e permit shall not be transferred to another location. 177
No quota restriction shall be placed on the number of such permits 178
that may be issued. The population quota restrictions contained in 179
section 4303.29 of the Revised Code or in any rule of the liquor 180
control commission shall not apply to this division, and the 181
division shall issue a D-5e permit to any applicant who meets the 182
requirements of this division. However, the division shall not 183
issue a D-5e permit if the permit premises or proposed permit 184
premises are located within an area in which the sale of 185
spirituous liquor by the glass is prohibited. 186

       The fee for this permit is one thousand two hundred nineteen 187
dollars. 188

       (F) Permit D-5f may be issued to the owner or operator of a 189
retail food establishment or a food service operation licensed 190
under Chapter 3717. of the Revised Code that operates as a 191
restaurant for purposes of this chapter and that meets all of the 192
following: 193

       (1) It contains not less than twenty-five hundred square feet 194
of floor area. 195

       (2) It is located on or in, or immediately adjacent to, the 196
shoreline of, a navigable river. 197

       (3) It provides docking space for twenty-five boats. 198

       (4) It provides entertainment and recreation, provided that 199
not less than fifty per cent of the business on the permit 200
premises shall be preparing and serving meals for a consideration. 201

       In addition, each application for a D-5f permit shall be 202
accompanied by a certification from the local legislative 203
authority that the issuance of the D-5f permit is not inconsistent 204
with that political subdivision's comprehensive development plan 205
or other economic development goal as officially established by 206
the local legislative authority. 207

       The holder of a D-5f permit may sell beer and intoxicating 208
liquor at retail, only by the individual drink in glass and from 209
the container, for consumption on the premises where sold. 210

       A D-5f permit shall not be transferred to another location. 211

       The division of liquor control shall not issue a D-5f permit 212
if the permit premises or proposed permit premises are located 213
within an area in which the sale of spirituous liquor by the glass 214
is prohibited. 215

       A fee for this permit is two thousand three hundred 216
forty-four dollars. 217

       As used in this division, "navigable river" means a river 218
that is also a "navigable water" as defined in the "Federal Power 219
Act," 94 Stat. 770 (1980), 16 U.S.C. 796. 220

       (G) Permit D-5g may be issued to a nonprofit corporation that 221
is either the owner or the operator of a national professional 222
sports museum. The holder of a D-5g permit may sell beer and any 223
intoxicating liquor at retail, only by the individual drink in 224
glass and from the container, for consumption on the premises 225
where sold. The holder of a D-5g permit shall sell no beer or 226
intoxicating liquor for consumption on the premises where sold 227
after one a.m. A D-5g permit shall not be transferred to another 228
location. No quota restrictions shall be placed on the number of 229
D-5g permits that may be issued. The fee for this permit is one 230
thousand eight hundred seventy-five dollars. 231

       (H)(1) Permit D-5h may be issued to any nonprofit 232
organization that is exempt from federal income taxation under the 233
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 234
501(c)(3), as amended, that owns or operates a fine arts museum 235
and has no less than five thousand bona fide members possessing 236
full membership privileges. ~~The~~ 237

       (2) Permit D-5h also may be issued to any nonprofit 238
organization that is exempt from federal income taxation under the 239
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 240
501(c)(3), as amended, that owns or operates a community arts 241
center. As used in this division, "community arts center" means a 242
facility that provides arts programming to the community in more 243
than one arts discipline, including, but not limited to, exhibits 244
of works of art and performances by both professional and amateur 245
artists. 246

        (3) The holder of a D-5h permit may sell beer and any 247
intoxicating liquor at retail, only by the individual drink in 248
glass and from the container, for consumption on the premises 249
where sold. The holder of a D-5h permit shall sell no beer or 250
intoxicating liquor for consumption on the premises where sold 251
after one a.m. A D-5h permit shall not be transferred to another 252
location. No quota restrictions shall be placed on the number of 253
D-5h permits that may be issued. ~~The~~ 254

       (4) The fee for ~~this~~a D-5h permit is one thousand eight 255
hundred seventy-five dollars. 256

       (I) Permit D-5i may be issued to the owner or operator of a 257
retail food establishment or a food service operation licensed 258
under Chapter 3717. of the Revised Code that operates as a 259
restaurant for purposes of this chapter and that meets all of the 260
following requirements: 261

       (1) It is located in a municipal corporation or a township 262
with a population of seventy-five thousand or less. 263

       (2) It has inside seating capacity for at least one hundred 264
forty persons. 265

       (3) It has at least four thousand square feet of floor area. 266

       (4) It offers full-course meals, appetizers, and sandwiches. 267

       (5) Its receipts from beer and liquor sales do not exceed 268
twenty-five per cent of its total gross receipts. 269

       (6) It has at least one of the following characteristics: 270

       (a) The value of its real and personal property exceeds seven 271
hundred twenty-five thousand dollars. 272

       (b) It is located on property that is owned or leased by the 273
state or a state agency, and its owner or operator has 274
authorization from the state or the state agency that owns or 275
leases the property to obtain a D-5i permit. 276

       The holder of a D-5i permit shall cause an independent audit 277
to be performed at the end of one full year of operation following 278
issuance of the permit in order to verify the requirements of 279
division (I)(5) of this section. The results of the independent 280
audit shall be transmitted to the division. Upon determining that 281
the receipts of the holder from beer and liquor sales exceeded 282
twenty-five per cent of its total gross receipts, the division 283
shall suspend the permit of the permit holder under section 284
4301.25 of the Revised Code and may allow the permit holder to 285
elect a forfeiture under section 4301.252 of the Revised Code. 286

       The holder of a D-5i permit may sell beer and any 287
intoxicating liquor at retail, only by the individual drink in 288
glass and from the container, for consumption on the premises 289
where sold, and may sell the same products in the same manner and 290
amounts not for consumption on the premises where sold as may be 291
sold by the holders of D-1 and D-2 permits. The holder of a D-5i 292
permit shall sell no beer or intoxicating liquor for consumption 293
on the premises where sold after two-thirty a.m. In addition to 294
the privileges authorized in this division, the holder of a D-5i 295
permit may exercise the same privileges as the holder of a D-5 296
permit. 297

       A D-5i permit shall not be transferred to another location. 298
The division of liquor control shall not renew a D-5i permit 299
unless the retail food establishment or food service operation for 300
which it is issued continues to meet the requirements described in 301
divisions (I)(1) to (6) of this section. No quota restrictions 302
shall be placed on the number of D-5i permits that may be issued. 303
The fee for the D-5i permit is two thousand three hundred 304
forty-four dollars. 305

       (J)(1) Permit D-5j may be issued to the owner or the operator 306
of a retail food establishment or a food service operation 307
licensed under Chapter 3717. of the Revised Code to sell beer and 308
intoxicating liquor at retail, only by the individual drink in 309
glass and from the container, for consumption on the premises 310
where sold and to sell beer and intoxicating liquor in the same 311
manner and amounts not for consumption on the premises where sold 312
as may be sold by the holders of D-1 and D-2 permits. The holder 313
of a D-5j permit may exercise the same privileges, and shall 314
observe the same hours of operation, as the holder of a D-5 315
permit. 316

       (2) The D-5j permit shall be issued only within a community 317
entertainment district that is designated under section 4301.80 of 318
the Revised Code and that meets one of the following 319
qualifications: 320

       (a) It is located in a municipal corporation with a 321
population of at least one hundred thousand. 322

       (b) It is located in a municipal corporation with a 323
population of at least twenty thousand, and either of the 324
following applies: 325

       (i) It contains an amusement park the rides of which have 326
been issued a permit by the department of agriculture under 327
Chapter 1711. of the Revised Code. 328

       (ii) Not less than fifty million dollars will be invested in 329
development and construction in the community entertainment 330
district's area located in the municipal corporation. 331

       (c) It is located in a township with a population of at least 332
forty thousand. 333

       (d) It is located in a municipal corporation with a 334
population of at least ten thousand, and not less than seventy 335
million dollars will be invested in development and construction 336
in the community entertainment district's area located in the 337
municipal corporation. 338

       (3) The location of a D-5j permit may be transferred only 339
within the geographic boundaries of the community entertainment 340
district in which it was issued and shall not be transferred 341
outside the geographic boundaries of that district. 342

       (4) Not more than one D-5j permit shall be issued within each 343
community entertainment district for each five acres of land 344
located within the district. Not more than fifteen D-5j permits 345
may be issued within a single community entertainment district. 346
Except as otherwise provided in division (J)(4) of this section, 347
no quota restrictions shall be placed upon the number of D-5j 348
permits that may be issued. 349

       (5) The fee for a D-5j permit is two thousand three hundred 350
forty-four dollars. 351

       (K)(1) Permit D-5k may be issued to any nonprofit 352
organization that is exempt from federal income taxation under the 353
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 354
501(c)(3), as amended, that is the owner or operator of a 355
botanical garden recognized by the American association of 356
botanical gardens and arboreta, and that has not less than 357
twenty-five hundred bona fide members. 358

       (2) The holder of a D-5k permit may sell beer and any 359
intoxicating liquor at retail, only by the individual drink in 360
glass and from the container, on the premises where sold. 361

       (3) The holder of a D-5k permit shall sell no beer or 362
intoxicating liquor for consumption on the premises where sold 363
after one a.m. 364

       (4) A D-5k permit shall not be transferred to another 365
location. 366

       (5) No quota restrictions shall be placed on the number of 367
D-5k permits that may be issued. 368

       (6) The fee for the D-5k permit is one thousand eight hundred 369
seventy-five dollars. 370

       Section 2. That existing section 4303.181 of the Revised Code 371
is hereby repealed. 372

Section 1. That section 4303.181 of the Revised Code be	7
amended to read as follows:	8

Sec. 4303.181. (A) Permit D-5a may be issued either to the	9
owner or operator of a hotel or motel that is required to be	10
licensed under section 3731.03 of the Revised Code, that contains	11
at least fifty rooms for registered transient guests or is owned	12
by a state institution of higher education as defined in section	13
3345.011 of the Revised Code or a private college or university,	14
and that qualifies under the other requirements of this section,	15
or to the owner or operator of a restaurant specified under this	16
section, to sell beer and any intoxicating liquor at retail, only	17
by the individual drink in glass and from the container, for	18
consumption on the premises where sold, and to registered guests	19
in their rooms, which may be sold by means of a controlled access	20
alcohol and beverage cabinet in accordance with division (B) of	21
section 4301.21 of the Revised Code; and to sell the same products	22
in the same manner and amounts not for consumption on the premises	23
as may be sold by holders of D-1 and D-2 permits. The premises of	24
the hotel or motel shall include a retail food establishment or a	25
food service operation licensed pursuant to Chapter 3717. of the	26
Revised Code that operates as a restaurant for purposes of this	27
chapter and that is affiliated with the hotel or motel and within	28
or contiguous to the hotel or motel, and that serves food within	29
the hotel or motel, but the principal business of the owner or	30
operator of the hotel or motel shall be the accommodation of	31
transient guests. In addition to the privileges authorized in this	32
division, the holder of a D-5a permit may exercise the same	33
privileges as the holder of a D-5 permit.	34

The owner or operator of a hotel, motel, or restaurant who	35
qualified for and held a D-5a permit on August 4, 1976, may, if	36
the owner or operator held another permit before holding a D-5a	37
permit, either retain a D-5a permit or apply for the permit	38
formerly held, and the division of liquor control shall issue the	39
permit for which the owner or operator applies and formerly held,	40
notwithstanding any quota.	41

A D-5a permit shall not be transferred to another location.	42
No quota restriction shall be placed on the number of D-5a permits	43
that may be issued.	44

The fee for this permit is two thousand three hundred	45
forty-four dollars.	46

(B) Permit D-5b may be issued to the owner, operator, tenant,	47
lessee, or occupant of an enclosed shopping center to sell beer	48
and intoxicating liquor at retail, only by the individual drink in	49
glass and from the container, for consumption on the premises	50
where sold; and to sell the same products in the same manner and	51
amount not for consumption on the premises as may be sold by	52
holders of D-1 and D-2 permits. In addition to the privileges	53
authorized in this division, the holder of a D-5b permit may	54
exercise the same privileges as a holder of a D-5 permit.	55

One D-5b permit may be issued at an enclosed shopping center	57
containing at least two hundred twenty-five thousand, but less	58
than four hundred thousand, square feet of floor area.	59

Two D-5b permits may be issued at an enclosed shopping center	60
containing at least four hundred thousand square feet of floor	61
area. No more than one D-5b permit may be issued at an enclosed	62
shopping center for each additional two hundred thousand square	63
feet of floor area or fraction of that floor area, up to a maximum	64
of five D-5b permits for each enclosed shopping center. The number	65
of D-5b permits that may be issued at an enclosed shopping center	66
shall be determined by subtracting the number of D-3 and D-5	67
permits issued in the enclosed shopping center from the number of	68
D-5b permits that otherwise may be issued at the enclosed shopping	69
center under the formulas provided in this division. Except as	70
provided in this section, no quota shall be placed on the number	71
of D-5b permits that may be issued. Notwithstanding any quota	72
provided in this section, the holder of any D-5b permit first	73
issued in accordance with this section is entitled to its renewal	74
in accordance with section 4303.271 of the Revised Code.	75

The holder of a D-5b permit issued before April 4, 1984,	76
whose tenancy is terminated for a cause other than nonpayment of	77
rent, may return the D-5b permit to the division of liquor	78
control, and the division shall cancel that permit. Upon	79
cancellation of that permit and upon the permit holder's payment	80
of taxes, contributions, premiums, assessments, and other debts	81
owing or accrued upon the date of cancellation to this state and	82
its political subdivisions and a filing with the division of a	83
certification of that payment, the division shall issue to that	84
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	85
that person requests. The division shall issue the D-5 permit, or	86
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	87
D-3, or D-5 permits currently issued in the municipal corporation	88
or in the unincorporated area of the township where that person's	89
proposed premises is located equals or exceeds the maximum number	90
of such permits that can be issued in that municipal corporation	91
or in the unincorporated area of that township under the	92
population quota restrictions contained in section 4303.29 of the	93
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	94
be transferred to another location. If a D-5b permit is canceled	95
under the provisions of this paragraph, the number of D-5b permits	96
that may be issued at the enclosed shopping center for which the	97
D-5b permit was issued, under the formula provided in this	98
division, shall be reduced by one if the enclosed shopping center	99
was entitled to more than one D-5b permit under the formula.	100

(C) Permit D-5c may be issued to the owner or operator of a	103
retail food establishment or a food service operation licensed	104
pursuant to Chapter 3717. of the Revised Code that operates as a	105
restaurant for purposes of this chapter and that qualifies under	106
the other requirements of this section to sell beer and any	107
intoxicating liquor at retail, only by the individual drink in	108
glass and from the container, for consumption on the premises	109
where sold, and to sell the same products in the same manner and	110
amounts not for consumption on the premises as may be sold by	111
holders of D-1 and D-2 permits. In addition to the privileges	112
authorized in this division, the holder of a D-5c permit may	113
exercise the same privileges as the holder of a D-5 permit.	114

To qualify for a D-5c permit, the owner or operator of a	115
retail food establishment or a food service operation licensed	116
pursuant to Chapter 3717. of the Revised Code that operates as a	117
restaurant for purposes of this chapter, shall have operated the	118
restaurant at the proposed premises for not less than twenty-four	119
consecutive months immediately preceding the filing of the	120
application for the permit, have applied for a D-5 permit no later	121
than December 31, 1988, and appear on the division's quota waiting	122
list for not less than six months immediately preceding the filing	123
of the application for the permit. In addition to these	124
requirements, the proposed D-5c permit premises shall be located	125
within a municipal corporation and further within an election	126
precinct that, at the time of the application, has no more than	127
twenty-five per cent of its total land area zoned for residential	128
use.	129

A D-5c permit shall not be transferred to another location.	130
No quota restriction shall be placed on the number of such permits	131
that may be issued.	132

Any person who has held a D-5c permit for at least two years	133
may apply for a D-5 permit, and the division of liquor control	134
shall issue the D-5 permit notwithstanding the quota restrictions	135
contained in section 4303.29 of the Revised Code or in any rule of	136
the liquor control commission.	137

The fee for this permit is one thousand five hundred	138
sixty-three dollars.	139

(D) Permit D-5d may be issued to the owner or operator of a	140
retail food establishment or a food service operation licensed	141
pursuant to Chapter 3717. of the Revised Code that operates as a	142
restaurant for purposes of this chapter and that is located at an	143
airport operated by a board of county commissioners pursuant to	144
section 307.20 of the Revised Code, at an airport operated by a	145
port authority pursuant to Chapter 4582. of the Revised Code, or	146
at an airport operated by a regional airport authority pursuant to	147
Chapter 308. of the Revised Code. The holder of a D-5d permit may	148
sell beer and any intoxicating liquor at retail, only by the	149
individual drink in glass and from the container, for consumption	150
on the premises where sold, and may sell the same products in the	151
same manner and amounts not for consumption on the premises where	152
sold as may be sold by the holders of D-1 and D-2 permits. In	153
addition to the privileges authorized in this division, the holder	154
of a D-5d permit may exercise the same privileges as the holder of	155
a D-5 permit.	156

A D-5d permit shall not be transferred to another location.	157
No quota restrictions shall be placed on the number of such	158
permits that may be issued.	159

(E) Permit D-5e may be issued to any nonprofit organization	162
that is exempt from federal income taxation under the "Internal	163
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	164
amended, or that is a charitable organization under any chapter of	165
the Revised Code, and that owns or operates a riverboat that meets	166
all of the following:	167

(2) Is designated as an historical riverboat by the Ohio	169
historical society;	170

(3) Contains not less than fifteen hundred square feet of	171
floor area;	172

The holder of a D-5e permit may sell beer and intoxicating	174
liquor at retail, only by the individual drink in glass and from	175
the container, for consumption on the premises where sold.	176

A D-5e permit shall not be transferred to another location.	177
No quota restriction shall be placed on the number of such permits	178
that may be issued. The population quota restrictions contained in	179
section 4303.29 of the Revised Code or in any rule of the liquor	180
control commission shall not apply to this division, and the	181
division shall issue a D-5e permit to any applicant who meets the	182
requirements of this division. However, the division shall not	183
issue a D-5e permit if the permit premises or proposed permit	184
premises are located within an area in which the sale of	185
spirituous liquor by the glass is prohibited.	186

The fee for this permit is one thousand two hundred nineteen	187
dollars.	188

(F) Permit D-5f may be issued to the owner or operator of a	189
retail food establishment or a food service operation licensed	190
under Chapter 3717. of the Revised Code that operates as a	191
restaurant for purposes of this chapter and that meets all of the	192
following:	193

(1) It contains not less than twenty-five hundred square feet	194
of floor area.	195

(2) It is located on or in, or immediately adjacent to, the	196
shoreline of, a navigable river.	197

(4) It provides entertainment and recreation, provided that	199
not less than fifty per cent of the business on the permit	200
premises shall be preparing and serving meals for a consideration.	201

In addition, each application for a D-5f permit shall be	202
accompanied by a certification from the local legislative	203
authority that the issuance of the D-5f permit is not inconsistent	204
with that political subdivision's comprehensive development plan	205
or other economic development goal as officially established by	206
the local legislative authority.	207

The holder of a D-5f permit may sell beer and intoxicating	208
liquor at retail, only by the individual drink in glass and from	209
the container, for consumption on the premises where sold.	210

The division of liquor control shall not issue a D-5f permit	212
if the permit premises or proposed permit premises are located	213
within an area in which the sale of spirituous liquor by the glass	214
is prohibited.	215

A fee for this permit is two thousand three hundred	216
forty-four dollars.	217