| Sec. 4303.181. (A) Permit D-5a
may be issued either to the | 6 |
|
owner or operator of a hotel or motel that
is
required to be | 7 |
|
licensed under section 3731.03 of the Revised Code, that contains | 8 |
|
at least fifty rooms for
registered transient
guests or is owned | 9 |
| by a state institution of higher education as defined in section | 10 |
| 3345.011 of the Revised Code or a private college or university, | 11 |
|
and that
qualifies under the other requirements of this
section, | 12 |
|
or to the
owner or operator of a restaurant specified under this | 13 |
|
section, to
sell beer and any intoxicating liquor at retail, only | 14 |
|
by the
individual drink in glass and from the container, for | 15 |
|
consumption
on the premises where sold, and to registered guests | 16 |
|
in their
rooms, which may be sold by means of a controlled access | 17 |
|
alcohol
and beverage cabinet in accordance with division (B) of | 18 |
|
section
4301.21 of the Revised Code; and to sell the same
products | 19 |
| in the
same manner and amounts not for consumption on
the premises | 20 |
| as may
be sold by holders of D-1 and D-2 permits.
The premises of | 21 |
| the
hotel or motel shall include a
retail food
establishment or a | 22 |
|
food service operation
licensed
pursuant to
Chapter 3717. of the | 23 |
|
Revised Code
that operates
as a restaurant for purposes of this | 24 |
|
chapter and that
is
affiliated with the hotel or motel and within | 25 |
|
or contiguous to
the
hotel or motel, and that serves food within | 26 |
|
the
hotel or motel,
but
the principal business of the owner or | 27 |
|
operator of the hotel
or
motel shall be the accommodation of | 28 |
|
transient guests. In
addition to the privileges authorized in
this | 29 |
| division,
the holder
of a
D-5a permit may exercise the same | 30 |
|
privileges as the holder of
a
D-5 permit. | 31 |
| The owner or operator of a hotel, motel, or restaurant who | 32 |
|
qualified for and
held a D-5a permit on
August 4, 1976, may, if | 33 |
|
the owner or operator held another
permit before holding a D-5a | 34 |
|
permit, either retain a D-5a permit or apply for
the permit | 35 |
|
formerly held, and the division of liquor
control shall issue the | 36 |
|
permit for which the owner or operator
applies and formerly held, | 37 |
|
notwithstanding any quota. | 38 |
| (B) Permit D-5b may be issued to
the owner, operator,
tenant, | 44 |
| lessee, or occupant of an enclosed
shopping center to sell
beer | 45 |
| and intoxicating liquor at retail,
only by the individual
drink in | 46 |
| glass and from the container, for
consumption on the
premises | 47 |
| where sold; and to sell the same
products in the same
manner and | 48 |
| amount not for consumption on the
premises as may be
sold by | 49 |
| holders of D-1 and D-2 permits. In
addition to the
privileges | 50 |
| authorized in this division,
the holder
of a D-5b
permit may | 51 |
| exercise the same privileges as a holder of
a D-5
permit. | 52 |
| Two D-5b permits may be issued at
an enclosed shopping center | 57 |
|
containing at least four hundred
thousand square feet of floor | 58 |
|
area. No more than one D-5b permit
may be issued at an enclosed | 59 |
|
shopping center for each additional
two hundred thousand square | 60 |
|
feet of floor area or fraction
of that floor area, up to a
maximum | 61 |
| of five D-5b permits
for each enclosed
shopping center.
The number | 62 |
| of D-5b permits that may be issued
at an enclosed
shopping center | 63 |
| shall be determined by subtracting
the number of
D-3 and D-5 | 64 |
| permits issued in the enclosed shopping
center from
the number of | 65 |
| D-5b permits that otherwise may be
issued at the
enclosed shopping | 66 |
| center under the formulas
provided in this
division. Except as | 67 |
| provided in this section,
no quota shall be
placed on the number | 68 |
| of D-5b permits that may
be issued.
Notwithstanding any quota | 69 |
| provided in this section,
the holder of
any D-5b permit first | 70 |
| issued in accordance with
this section is
entitled to its renewal | 71 |
| in accordance with
section 4303.271 of the
Revised Code. | 72 |
| The holder of a D-5b permit
issued before April 4, 1984, | 73 |
|
whose tenancy is terminated for a
cause other than nonpayment of | 74 |
|
rent, may return the D-5b
permit
to the division of liquor | 75 |
|
control, and the
division shall
cancel that permit. Upon | 76 |
|
cancellation of that permit and upon
the permit holder's payment | 77 |
|
of taxes, contributions, premiums,
assessments, and other debts | 78 |
|
owing or accrued upon the date of
cancellation to this state and | 79 |
|
its political subdivisions and a
filing with the division of a | 80 |
|
certification
of that payment, the division shall issue to that | 81 |
|
person
either a D-5
permit, or a D-1, a D-2, and a D-3 permit, as | 82 |
|
that person
requests. The division shall issue the D-5 permit,
or | 83 |
|
the D-1,
D-2, and D-3 permits, even if the number of D-1, D-2, | 84 |
|
D-3, or D-5
permits currently issued in the municipal corporation | 85 |
|
or in the
unincorporated area of the township where that person's | 86 |
|
proposed
premises is located equals or exceeds the maximum number | 87 |
|
of such
permits that can be issued in that municipal corporation | 88 |
|
or in
the unincorporated area of that township under the | 89 |
|
population
quota restrictions contained in section 4303.29 of the | 90 |
|
Revised
Code. Any D-1, D-2, D-3, or D-5 permit so issued shall
not | 91 |
|
be transferred to another location. If a D-5b permit is
canceled | 92 |
|
under the provisions of this paragraph, the number of
D-5b
permits | 93 |
| that may be issued at the enclosed shopping center
for
which the | 94 |
| D-5b permit was issued, under the formula provided
in
this | 95 |
| division, shall be reduced by one if the enclosed shopping
center | 96 |
| was entitled to more than one D-5b permit under the
formula. | 97 |
| (C) Permit D-5c may be issued
to the owner or
operator of a
| 100 |
|
retail food establishment or a
food service operation licensed | 101 |
|
pursuant
to
Chapter 3717. of the Revised Code
that operates as a | 102 |
|
restaurant
for purposes of this chapter
and that
qualifies under | 103 |
|
the other
requirements of this section to sell beer and any | 104 |
|
intoxicating
liquor at retail, only by the individual drink in | 105 |
|
glass and from
the container, for consumption on the premises | 106 |
|
where sold, and to
sell the same products in the same manner and | 107 |
|
amounts not for
consumption on the premises as may be sold by | 108 |
|
holders of D-1 and
D-2 permits. In addition to the privileges | 109 |
|
authorized in this
division, the holder of a D-5c permit
may | 110 |
|
exercise the
same
privileges as the holder of a D-5 permit. | 111 |
| To qualify for a D-5c permit, the
owner or operator of a
| 112 |
|
retail food establishment or a food service
operation licensed | 113 |
|
pursuant to
Chapter 3717. of
the
Revised Code
that operates as a | 114 |
|
restaurant for purposes of
this chapter, shall have operated the | 115 |
|
restaurant at
the proposed
premises for not less than twenty-four | 116 |
|
consecutive
months
immediately preceding the filing of the | 117 |
|
application
for the
permit, have applied for a D-5 permit no later | 118 |
|
than
December 31,
1988, and appear on the division's quota waiting | 119 |
|
list for not
less
than six months
immediately preceding the filing | 120 |
|
of the
application for the
permit. In
addition to these | 121 |
|
requirements,
the proposed D-5c permit premises
shall be located | 122 |
|
within a
municipal corporation and further
within
an election | 123 |
|
precinct
that, at the time of the
application, has
no more than | 124 |
|
twenty-five per cent of its total land area zoned
for residential | 125 |
|
use. | 126 |
| (D) Permit D-5d may be issued to
the owner or
operator of a
| 137 |
|
retail food establishment or a
food service operation licensed | 138 |
|
pursuant to
Chapter 3717. of the Revised Code
that operates as a | 139 |
|
restaurant
for purposes of this chapter and
that is located at an | 140 |
|
airport
operated by
a board of county commissioners pursuant to | 141 |
|
section
307.20 of the
Revised Code, at an airport operated by a | 142 |
| port authority pursuant to Chapter 4582. of the Revised Code, or | 143 |
| at an airport operated by a
regional
airport
authority pursuant to | 144 |
| Chapter 308. of the
Revised
Code.
The
holder
of a D-5d permit may | 145 |
| sell beer and any
intoxicating liquor
at
retail, only by the | 146 |
| individual drink in
glass and from the
container, for consumption | 147 |
| on the premises
where sold, and may
sell the same products in the | 148 |
| same manner and
amounts not for
consumption on the premises where | 149 |
| sold as may be
sold by the
holders of D-1 and D-2 permits. In | 150 |
| addition to the
privileges
authorized in this division, the holder | 151 |
| of a D-5d
permit may
exercise the same privileges as the holder of | 152 |
| a D-5
permit. | 153 |
| A D-5e permit shall not be
transferred to another location. | 174 |
|
No quota restriction shall be
placed on the number of such permits | 175 |
|
that may be issued.
The
population quota restrictions contained
in | 176 |
| section 4303.29 of the
Revised Code or in any rule of the
liquor | 177 |
| control commission
shall not apply to this division, and
the | 178 |
| division
shall issue a
D-5e permit to any applicant who meets
the | 179 |
| requirements of this
division. However, the division shall
not | 180 |
| issue a
D-5e permit
if the permit premises or proposed permit | 181 |
|
premises are located
within an area in which the sale of | 182 |
|
spirituous liquor by the
glass is prohibited. | 183 |
| (G) Permit D-5g may be issued to
a nonprofit corporation
that | 218 |
| is either the owner or the operator
of a national
professional | 219 |
| sports museum. The holder of a D-5g
permit may sell
beer and any | 220 |
| intoxicating liquor at retail, only
by the individual
drink in | 221 |
| glass and from the container, for
consumption on the
premises | 222 |
| where sold. The holder of a D-5g
permit shall sell no
beer or | 223 |
| intoxicating liquor for consumption
on the premises where
sold | 224 |
| after one a.m. A D-5g permit shall
not be transferred to
another | 225 |
| location. No quota restrictions
shall be placed on the
number of | 226 |
| D-5g permits that may be issued. The fee for
this
permit is one | 227 |
| thousand eight hundred seventy-five dollars. | 228 |
| (2) Permit D-5h also may be issued to any nonprofit | 235 |
| organization that is exempt from federal income taxation under the | 236 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. | 237 |
| 501(c)(3), as amended, that owns or operates a community arts | 238 |
| center. As used in this division, "community arts center" means a | 239 |
| facility that provides arts programming to the community in more | 240 |
| than one arts discipline, including, but not limited to, exhibits | 241 |
| of works of art and performances by both professional and amateur | 242 |
| artists. | 243 |
|
(3) The holder of a D-5h permit may sell
beer and any | 244 |
|
intoxicating liquor at retail, only by the
individual drink in | 245 |
|
glass and from the container, for consumption
on the premises | 246 |
|
where sold. The holder of a D-5h permit shall
sell no beer or | 247 |
|
intoxicating liquor for consumption on the
premises where sold | 248 |
|
after one a.m. A D-5h permit shall not be
transferred to another | 249 |
|
location. No quota restrictions shall be
placed on the number of | 250 |
D-5h permits that may be issued. The | 251 |
| The holder of a D-5i permit shall cause an independent
audit | 274 |
|
to be performed at the end of one full year of operation
following | 275 |
|
issuance of the permit in order to verify the
requirements of | 276 |
|
division (I)(5) of this section. The results of
the independent | 277 |
|
audit shall be transmitted to the
division. Upon determining that | 278 |
|
the receipts of the holder from beer
and liquor sales exceeded | 279 |
|
twenty-five per cent of its total gross
receipts, the division | 280 |
|
shall suspend the permit of
the permit
holder under section | 281 |
|
4301.25 of the Revised Code and may allow
the permit holder to | 282 |
|
elect a forfeiture under section 4301.252 of
the Revised Code. | 283 |
| The holder of a D-5i permit may sell beer and any | 284 |
|
intoxicating liquor at retail, only by the individual drink in | 285 |
|
glass and from the container, for consumption on the premises | 286 |
|
where sold, and may sell the same products in the same manner and | 287 |
|
amounts not for consumption on the premises where sold as may be | 288 |
|
sold by the holders of D-1 and D-2 permits. The holder of a D-5i | 289 |
|
permit shall sell no beer or intoxicating liquor for consumption | 290 |
|
on the premises where sold after two-thirty a.m. In addition to | 291 |
|
the
privileges authorized in this division, the holder
of a D-5i | 292 |
|
permit may exercise the same privileges as the holder
of a D-5 | 293 |
|
permit. | 294 |
| (J)(1) Permit D-5j may be issued to
the owner or the
operator | 303 |
| of a
retail food establishment or a
food service
operation
| 304 |
| licensed under
Chapter 3717.
of
the
Revised Code to
sell beer and | 305 |
| intoxicating
liquor
at retail,
only by the
individual drink in | 306 |
| glass and from
the container, for
consumption
on the premises | 307 |
| where sold
and to
sell beer and
intoxicating
liquor in the same | 308 |
| manner and amounts
not
for
consumption on the
premises where
sold | 309 |
| as may be sold by
the
holders of D-1 and D-2
permits.
The holder | 310 |
| of a D-5j permit
may
exercise the same
privileges, and
shall | 311 |
| observe the same hours
of
operation, as the
holder of a D-5 | 312 |
|
permit. | 313 |
| (K)(1) Permit D-5k may be issued to any nonprofit | 344 |
|
organization that is exempt from federal income taxation under the | 345 |
|
"Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 346 |
|
501(c)(3), as amended, that is the owner or operator of a | 347 |
|
botanical garden recognized by the American association of | 348 |
|
botanical gardens and arboreta, and that has not less than | 349 |
|
twenty-five hundred
bona fide members. | 350 |