| Sec. 4301.17. (A)(1) Subject to local option as provided in | 9 |
|
sections 4301.32 to 4301.40 of the Revised Code, five state
liquor | 10 |
|
stores or agencies may be established in each county. One | 11 |
|
additional store may be established in any county for each
| 12 |
|
twenty-five
thousand of population of
that county or major | 13 |
|
fraction
thereof
in
excess of the first forty thousand, according | 14 |
|
to the
last
preceding federal
decennial census
or according to the | 15 |
|
population estimates certified by the department of development | 16 |
|
between decennial censuses. A person engaged in a mercantile | 17 |
|
business may act as the agent for the division of
liquor
control | 18 |
|
for the sale of spirituous liquor in a municipal
corporation, in | 19 |
|
the unincorporated area
of a township, or in
an area designated | 20 |
|
and approved as a
resort area under section
4303.262 of the | 21 |
|
Revised Code. The
division shall
fix
the compensation for such
an | 22 |
|
agent
in
the
manner
it
considers best, but
the compensation
shall | 23 |
| not
exceed
seven per cent of the gross
sales made by
the
agent in | 24 |
| any
one
year. | 25 |
| (3) Except as otherwise provided in this section, no | 31 |
|
mercantile
business
that sells beer or intoxicating
liquor for | 32 |
|
consumption on
the premises under a permit issued by
the division | 33 |
|
shall operate
an agency store at
the premises.
An
agency to which | 34 |
|
a D-1 permit has been
issued may
offer for sale
tasting samples of | 35 |
|
beer, an agency
to which a
D-2
permit has been
issued may offer | 36 |
|
for sale tasting samples of wine
and mixed
beverages, and an | 37 |
|
agency to which a D-5 permit
has been
issued may
offer for sale | 38 |
|
tasting samples of beer, wine, and mixed
beverages,
but not | 39 |
|
spirituous liquor. A tasting sample shall not
be sold
for
the | 40 |
|
purpose of
general consumption. As used in this
section,
"tasting | 41 |
|
sample" means a small
amount of beer, wine, or
mixed
beverages | 42 |
|
that is provided in not more than
four servings of
not
more than | 43 |
|
two ounces each to an authorized purchaser and
that
allows the | 44 |
|
purchaser to determine, by tasting only, the quality
and
character | 45 |
|
of the beverage. | 46 |
(B) When an agency contract is proposed or, when an existing | 47 |
|
agency
contract is assigned, when an existing agency proposes to | 48 |
| relocate, or when an existing agency is relocated and assigned, | 49 |
before entering into any
contract or,
consenting to any | 50 |
| assignment, or consenting to any relocation, the division shall | 51 |
|
notify the
legislative authority of the municipal corporation
in | 52 |
|
which the
agency store is to be located, or the
board
of county | 53 |
|
commissioners and the board of township trustees
of the
county and | 54 |
|
the township in which the agency store is to be
located
if the | 55 |
|
agency store is to be located outside the
corporate limits
of a | 56 |
municipal corporation, of the proposed
contract
or, assignment, or | 57 |
| relocation, and
an
opportunity shall be provided officials or | 58 |
|
employees of the
municipal corporation or county and township for | 59 |
|
a complete
hearing upon the advisability of entering into the
| 60 |
|
contract
or
consenting to the assignment or relocation. When the | 61 |
| division sends notice
to
the
legislative
authority of the | 62 |
| political subdivision, the
division shall
notify, by certified | 63 |
| mail or by personal
service,
the chief peace
officer of the | 64 |
| political subdivision,
who
may
appear and testify,
either in | 65 |
| person or through a
representative,
at any hearing held
on the | 66 |
| advisability of
entering into the
contract
or consenting to the | 67 |
| assignment or relocation. | 68 |
| If
the proposed agency store, the assignment of an agency | 69 |
| contract, or the relocation of an agency store
would
be located | 70 |
| within five
hundred
feet of a school, church,
library,
public | 71 |
| playground, or
township
park, the division shall
not enter
into an | 72 |
| agency
contract
until it has provided notice of
the
proposed | 73 |
| contract to
the
authorities in control of the school,
church, | 74 |
| library, public
playground, or township park and has
provided
| 75 |
|
those authorities
with
an opportunity for
a complete hearing
upon | 76 |
| the advisability
of
entering into the
contract. If an agency
store | 77 |
| so located is
operating under an
agency contract,
the
division may | 78 |
| consent to relocation of the agency store or to
the assignment of | 79 |
that
contract to operate
an agency store at the
same location,
but | 80 |
the. The division may also consent to the assignment of an | 81 |
| existing agency contract simultaneously with the relocation of the | 82 |
| agency store. In any such assignment or relocation, the assignee | 83 |
| and the location shall be subject to the same requirements that | 84 |
| the existing location met at the time that the contract was first | 85 |
| entered into as well as any additional requirements imposed by the | 86 |
| division in rules adopted by the superintendent of liquor control. | 87 |
| The division
shall not consent to an
assignment or relocation of | 88 |
| an agency store
until it has notified the
authorities in control | 89 |
| of the
school,
church, library, public
playground, or township | 90 |
| park and
has
provided
those authorities with
an opportunity for
a | 91 |
| complete
hearing upon the advisability of
consenting to the | 92 |
|
assignment or relocation. | 93 |
| Any hearing
provided for in this division shall be held in | 94 |
|
the
central office of the division,
except that upon
written | 95 |
|
request of the legislative authority of the municipal
corporation, | 96 |
|
the board of county commissioners,
the board of
township
trustees, | 97 |
|
or the authorities in control of the school, church,
library, | 98 |
| public playground, or township park,
the hearing shall be
held in | 99 |
| the county seat
of the county where
the proposed agency
store is | 100 |
| to be located. | 101 |
| (C) All agency contracts entered into by the division | 102 |
|
pursuant to this section shall be in writing and shall contain a | 103 |
|
clause providing for the termination of the contract at will by | 104 |
|
the division upon its giving ninety days' notice in writing to
the | 105 |
| agent of its intention to do so. Any agency contract may
include a | 106 |
| clause requiring the agent to report to the appropriate
law | 107 |
| enforcement agency the name and address of any individual
under | 108 |
| twenty-one years of age who attempts to make an illegal
purchase. | 109 |
| The division shall issue a C-1 and C-2 permit to each
agent | 113 |
|
who prior to
November 1, 1994, had not been issued both of these | 114 |
|
permits,
notwithstanding the population quota restrictions | 115 |
|
contained in section 4303.29
of the Revised Code or in any rule of | 116 |
|
the liquor control commission and
notwithstanding the requirements | 117 |
|
of section 4303.31 of the Revised Code. The
location of a C-1 or | 118 |
|
C-2 permit issued to such an agent shall not be
transferred. The | 119 |
|
division shall revoke any C-1 or C-2
permit issued to
an agent | 120 |
|
under this paragraph if the agent no longer operates an agency | 121 |
|
store. | 122 |
| (D) If the division closes a state liquor store and replaces | 128 |
|
that store with
an agency store, any employees of the division | 129 |
|
employed at that state liquor
store who lose their jobs at that | 130 |
|
store as a result shall be given
preference by the agent who | 131 |
|
operates the agency store in filling any vacancies that occur | 132 |
|
among the agent's employees, if
that preference does not
conflict | 133 |
|
with the agent's obligations pursuant to a collective
bargaining | 134 |
|
agreement. | 135 |
| If the division closes a state liquor store and replaces the | 136 |
|
store with an
agency store, any employees of the division employed | 137 |
|
at the state liquor store
who lose their jobs at that store as a | 138 |
|
result may displace other
employees as provided in sections | 139 |
|
124.321 to 124.328 of the Revised Code. If
an employee cannot | 140 |
|
displace other employees and is laid off, the employee
shall be | 141 |
|
reinstated in another job as provided in sections 124.321 to | 142 |
|
124.328
of the Revised Code, except that the employee's rights of | 143 |
|
reinstatement in a
job at a state liquor store shall continue for | 144 |
|
a period of two years after the
date of the employee's layoff and | 145 |
|
shall apply to jobs at state liquor stores
located in the | 146 |
|
employee's layoff jurisdiction and any layoff jurisdiction | 147 |
|
adjacent to the employee's layoff jurisdiction. | 148 |
| (a) Beer or intoxicating liquor
that has been lawfully | 177 |
|
purchased for consumption on the
premises where bought from the | 178 |
|
holder of an A-1-A, A-2, D-1, D-2,
D-3, D-3a, D-4, D-4a, D-5, | 179 |
|
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j,
D-5k, | 180 |
|
D-7,
D-8, E, F, F-2, or F-5 permit; | 181 |
| (2) A person may have in the person's possession on an
F | 191 |
|
liquor permit premises an
opened container of beer or intoxicating | 192 |
|
liquor that was not
purchased from the holder of the
F permit if | 193 |
|
the premises for which the F permit is issued is
a music festival | 194 |
|
and the holder of the F permit grants permission for
that | 195 |
|
possession on the premises during the period
for which the F | 196 |
|
permit is
issued. As used in this division,
"music festival"
means | 197 |
| a
series of outdoor live musical performances, extending for
a | 198 |
|
period of at least three consecutive days and located on an
area | 199 |
|
of land of at least forty acres. | 200 |
| If an offender who violates section 4301.64 of the
Revised | 244 |
|
Code
was under the age of eighteen years at the time of the | 245 |
|
offense, the court, in
addition to any other penalties it imposes | 246 |
|
upon the offender, shall
suspend
the
offender's temporary | 247 |
|
instruction permit, probationary
driver's license, or
driver's | 248 |
|
license
for a period of
not less than six months
and not more than | 249 |
|
one year. If the offender is fifteen years
and six months
of age | 250 |
|
or older and has not been issued a temporary instruction
permit or | 251 |
|
probationary driver's license, the offender shall not be
eligible | 252 |
|
to
be issued such a license or permit for a period of six
months. | 253 |
|
If the
offender
has not attained the age of fifteen years
and six | 254 |
|
months, the offender shall
not be eligible to be issued a | 255 |
|
temporary instruction permit until the offender
attains the age of | 256 |
|
sixteen years. | 257 |
| (C) Whoever violates division (D) of section 4301.21, | 258 |
|
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.633,
4301.66, | 259 |
|
4301.68, or 4301.74, division (B), (C), (D), (E)(1), or (F)
of | 260 |
|
section 4301.69, or division (C), (D),
(E),
(F), (G), or (I) of | 261 |
| section 4301.691 of the Revised Code is
guilty
of a misdemeanor of | 262 |
| the first degree. | 263 |
| If an offender who violates
division (E)(1) of section | 264 |
|
4301.69 of the
Revised
Code was under the age of eighteen years at | 265 |
|
the time
of the
offense and the offense
occurred while the | 266 |
|
offender was the
operator of or a passenger in a motor
vehicle, | 267 |
|
the court, in
addition to any other penalties it imposes upon the | 268 |
|
offender,
shall
suspend
the
offender's
temporary instruction | 269 |
|
permit or
probationary driver's license for
a period of
not less | 270 |
|
than six
months
and not more than one year.
If the offender is | 271 |
|
fifteen
years and six months of age or older and has not been | 272 |
|
issued a
temporary
instruction permit or probationary driver's | 273 |
|
license,
the
offender shall not be eligible to be issued such a | 274 |
|
license or
permit
for
a period of six months. If the offender has | 275 |
|
not
attained the age of fifteen
years and six months, the offender | 276 |
|
shall not be eligible to be issued a
temporary instruction permit | 277 |
|
until the offender attains the age of sixteen
years. | 278 |
| (E) Whoever violates section 4301.63 or division (B) of | 282 |
|
section 4301.631 of the Revised Code shall be fined not less than | 283 |
|
twenty-five nor more than one hundred dollars. The court
imposing | 284 |
|
a fine for a violation of section 4301.63 or division
(B) of | 285 |
|
section 4301.631 of the Revised Code may order that the
fine be | 286 |
|
paid by the performance of public work at a reasonable
hourly rate | 287 |
|
established by the court. The court shall designate
the time | 288 |
|
within which the public work shall be completed. | 289 |
| (F)(1) Whoever violates section 4301.634 of the Revised
Code | 290 |
|
is guilty of a misdemeanor of the first degree. If, in
committing | 291 |
|
a first violation of that section, the offender
presented to the | 292 |
|
permit holder or the permit holder's
employee or agent a false, | 293 |
|
fictitious, or altered identification card, a false or fictitious | 294 |
|
driver's license purportedly issued by any state, or a driver's | 295 |
|
license issued by any state that has been altered, the offender
is | 296 |
|
guilty of a misdemeanor of the first degree and shall be fined
not | 297 |
|
less than two hundred fifty and not more than one thousand | 298 |
|
dollars, and may be sentenced to a term of imprisonment of not | 299 |
|
more than six months. | 300 |
| (2) On a second violation in which, for the second time,
the | 301 |
|
offender presented to the permit holder or the permit
holder's | 302 |
|
employee or
agent a false, fictitious, or altered identification | 303 |
|
card, a
false or fictitious driver's license purportedly issued by | 304 |
|
any
state, or a driver's license issued by any state that has
been | 305 |
|
altered, the offender is guilty of a misdemeanor of the first | 306 |
|
degree and shall be fined not less than five hundred nor more
than | 307 |
|
one thousand dollars, and may be sentenced to a term of | 308 |
|
imprisonment of not more than six months. The court also may
| 309 |
|
impose a class seven suspension of the offender's
driver's
or | 310 |
|
commercial driver's license or
permit or nonresident operating | 311 |
|
privilege
from the range specified
in division (A)(7) of section | 312 |
|
4510.02 of the Revised
Code. | 313 |
| (3) On a third or subsequent violation in which, for the | 314 |
|
third or subsequent time, the offender presented to the permit | 315 |
|
holder or the permit holder's employee or agent a false, | 316 |
|
fictitious, or altered
identification card, a false or fictitious | 317 |
|
driver's license
purportedly issued by any state, or a driver's | 318 |
|
license issued by
any state that has been altered, the offender is | 319 |
|
guilty of a
misdemeanor of the first degree and shall be fined not | 320 |
|
less than
five hundred nor more than one thousand dollars, and may | 321 |
|
be
sentenced to a term of imprisonment of not more than six | 322 |
|
months. The court
also shall
impose a class six
suspension of
the | 323 |
|
offender's driver's or
commercial driver's
license or permit
or | 324 |
| nonresident operating
privilege
from the range
specified in | 325 |
|
division (A)(6) of section
4510.02 of the Revised
Code, and the | 326 |
|
court may order
that the suspension or denial
remain
in effect | 327 |
|
until the offender attains the age of twenty-one
years.
The court | 328 |
|
also may order the offender to perform a
determinate
number of | 329 |
|
hours of community service, with the court
determining
the actual | 330 |
|
number of hours and the nature of the
community service
the | 331 |
|
offender shall perform. | 332 |
| Sec. 4303.181. (A) Permit D-5a
may be issued either to the | 350 |
|
owner or operator of a hotel or motel that
is
required to be | 351 |
|
licensed under section 3731.03 of the Revised Code, that contains | 352 |
|
at least fifty rooms for
registered transient
guests or is owned | 353 |
| by a state institution of higher education as defined in section | 354 |
| 3345.011 of the Revised Code or a private college or university, | 355 |
|
and that
qualifies under the other requirements of this
section, | 356 |
|
or to the
owner or operator of a restaurant specified under this | 357 |
|
section, to
sell beer and any intoxicating liquor at retail, only | 358 |
|
by the
individual drink in glass and from the container, for | 359 |
|
consumption
on the premises where sold, and to registered guests | 360 |
|
in their
rooms, which may be sold by means of a controlled access | 361 |
|
alcohol
and beverage cabinet in accordance with division (B) of | 362 |
|
section
4301.21 of the Revised Code; and to sell the same
products | 363 |
| in the
same manner and amounts not for consumption on
the premises | 364 |
| as may
be sold by holders of D-1 and D-2 permits.
The premises of | 365 |
| the
hotel or motel shall include a
retail food
establishment or a | 366 |
|
food service operation
licensed
pursuant to
Chapter 3717. of the | 367 |
|
Revised Code
that operates
as a restaurant for purposes of this | 368 |
|
chapter and that
is
affiliated with the hotel or motel and within | 369 |
|
or contiguous to
the
hotel or motel, and that serves food within | 370 |
|
the
hotel or motel,
but
the principal business of the owner or | 371 |
|
operator of the hotel
or
motel shall be the accommodation of | 372 |
|
transient guests. In
addition to the privileges authorized in
this | 373 |
| division,
the holder
of a
D-5a permit may exercise the same | 374 |
|
privileges as the holder of
a
D-5 permit. | 375 |
| The owner or operator of a hotel, motel, or restaurant who | 376 |
|
qualified for and
held a D-5a permit on
August 4, 1976, may, if | 377 |
|
the owner or operator held another
permit before holding a D-5a | 378 |
|
permit, either retain a D-5a permit or apply for
the permit | 379 |
|
formerly held, and the division of liquor
control shall issue the | 380 |
|
permit for which the owner or operator
applies and formerly held, | 381 |
|
notwithstanding any quota. | 382 |
| (B) Permit D-5b may be issued to
the owner, operator,
tenant, | 388 |
| lessee, or occupant of an enclosed
shopping center to sell
beer | 389 |
| and intoxicating liquor at retail,
only by the individual
drink in | 390 |
| glass and from the container, for
consumption on the
premises | 391 |
| where sold; and to sell the same
products in the same
manner and | 392 |
| amount not for consumption on the
premises as may be
sold by | 393 |
| holders of D-1 and D-2 permits. In
addition to the
privileges | 394 |
| authorized in this division,
the holder
of a D-5b
permit may | 395 |
| exercise the same privileges as a holder of
a D-5
permit. | 396 |
| Two D-5b permits may be issued at
an enclosed shopping center | 401 |
|
containing at least four hundred
thousand square feet of floor | 402 |
|
area. No more than one D-5b permit
may be issued at an enclosed | 403 |
|
shopping center for each additional
two hundred thousand square | 404 |
|
feet of floor area or fraction
of that floor area, up to a
maximum | 405 |
| of five D-5b permits
for each enclosed
shopping center.
The number | 406 |
| of D-5b permits that may be issued
at an enclosed
shopping center | 407 |
| shall be determined by subtracting
the number of
D-3 and D-5 | 408 |
| permits issued in the enclosed shopping
center from
the number of | 409 |
| D-5b permits that otherwise may be
issued at the
enclosed shopping | 410 |
| center under the formulas
provided in this
division. Except as | 411 |
| provided in this section,
no quota shall be
placed on the number | 412 |
| of D-5b permits that may
be issued.
Notwithstanding any quota | 413 |
| provided in this section,
the holder of
any D-5b permit first | 414 |
| issued in accordance with
this section is
entitled to its renewal | 415 |
| in accordance with
section 4303.271 of the
Revised Code. | 416 |
| The holder of a D-5b permit
issued before April 4, 1984, | 417 |
|
whose tenancy is terminated for a
cause other than nonpayment of | 418 |
|
rent, may return the D-5b
permit
to the division of liquor | 419 |
|
control, and the
division shall
cancel that permit. Upon | 420 |
|
cancellation of that permit and upon
the permit holder's payment | 421 |
|
of taxes, contributions, premiums,
assessments, and other debts | 422 |
|
owing or accrued upon the date of
cancellation to this state and | 423 |
|
its political subdivisions and a
filing with the division of a | 424 |
|
certification
of that payment, the division shall issue to that | 425 |
|
person
either a D-5
permit, or a D-1, a D-2, and a D-3 permit, as | 426 |
|
that person
requests. The division shall issue the D-5 permit,
or | 427 |
|
the D-1,
D-2, and D-3 permits, even if the number of D-1, D-2, | 428 |
|
D-3, or D-5
permits currently issued in the municipal corporation | 429 |
|
or in the
unincorporated area of the township where that person's | 430 |
|
proposed
premises is located equals or exceeds the maximum number | 431 |
|
of such
permits that can be issued in that municipal corporation | 432 |
|
or in
the unincorporated area of that township under the | 433 |
|
population
quota restrictions contained in section 4303.29 of the | 434 |
|
Revised
Code. Any D-1, D-2, D-3, or D-5 permit so issued shall
not | 435 |
|
be transferred to another location. If a D-5b permit is
canceled | 436 |
|
under the provisions of this paragraph, the number of
D-5b
permits | 437 |
| that may be issued at the enclosed shopping center
for
which the | 438 |
| D-5b permit was issued, under the formula provided
in
this | 439 |
| division, shall be reduced by one if the enclosed shopping
center | 440 |
| was entitled to more than one D-5b permit under the
formula. | 441 |
| (C) Permit D-5c may be issued
to the owner or
operator of a
| 444 |
|
retail food establishment or a
food service operation licensed | 445 |
|
pursuant
to
Chapter 3717. of the Revised Code
that operates as a | 446 |
|
restaurant
for purposes of this chapter
and that
qualifies under | 447 |
|
the other
requirements of this section to sell beer and any | 448 |
|
intoxicating
liquor at retail, only by the individual drink in | 449 |
|
glass and from
the container, for consumption on the premises | 450 |
|
where sold, and to
sell the same products in the same manner and | 451 |
|
amounts not for
consumption on the premises as may be sold by | 452 |
|
holders of D-1 and
D-2 permits. In addition to the privileges | 453 |
|
authorized in this
division, the holder of a D-5c permit
may | 454 |
|
exercise the
same
privileges as the holder of a D-5 permit. | 455 |
| To qualify for a D-5c permit, the
owner or operator of a
| 456 |
|
retail food establishment or a food service
operation licensed | 457 |
|
pursuant to
Chapter 3717. of
the
Revised Code
that operates as a | 458 |
|
restaurant for purposes of
this chapter, shall have operated the | 459 |
|
restaurant at
the proposed
premises for not less than twenty-four | 460 |
|
consecutive
months
immediately preceding the filing of the | 461 |
|
application
for the
permit, have applied for a D-5 permit no later | 462 |
|
than
December 31,
1988, and appear on the division's quota waiting | 463 |
|
list for not
less
than six months
immediately preceding the filing | 464 |
|
of the
application for the
permit. In
addition to these | 465 |
|
requirements,
the proposed D-5c permit premises
shall be located | 466 |
|
within a
municipal corporation and further
within
an election | 467 |
|
precinct
that, at the time of the
application, has
no more than | 468 |
|
twenty-five per cent of its total land area zoned
for residential | 469 |
|
use. | 470 |
| (D) Permit D-5d may be issued to
the owner or
operator of a
| 481 |
|
retail food establishment or a
food service operation licensed | 482 |
|
pursuant to
Chapter 3717. of the Revised Code
that operates as a | 483 |
|
restaurant
for purposes of this chapter and
that is located at an | 484 |
|
airport
operated by
a board of county commissioners pursuant to | 485 |
|
section
307.20 of the
Revised Code, at an airport operated by a | 486 |
| port authority pursuant to Chapter 4582. of the Revised Code, or | 487 |
| at an airport operated by a
regional
airport
authority pursuant to | 488 |
| Chapter 308. of the
Revised
Code.
The
holder
of a D-5d permit may | 489 |
| sell beer and any
intoxicating liquor
at
retail, only by the | 490 |
| individual drink in
glass and from the
container, for consumption | 491 |
| on the premises
where sold, and may
sell the same products in the | 492 |
| same manner and
amounts not for
consumption on the premises where | 493 |
| sold as may be
sold by the
holders of D-1 and D-2 permits. In | 494 |
| addition to the
privileges
authorized in this division, the holder | 495 |
| of a D-5d
permit may
exercise the same privileges as the holder of | 496 |
| a D-5
permit. | 497 |
| A D-5e permit shall not be
transferred to another location. | 518 |
|
No quota restriction shall be
placed on the number of such permits | 519 |
|
that may be issued.
The
population quota restrictions contained | 520 |
|
in section 4303.29 of the
Revised Code or in any rule of the | 521 |
|
liquor control commission
shall not apply to this division, and | 522 |
|
the division
shall issue a
D-5e permit to any applicant who meets | 523 |
|
the requirements of this
division. However, the division shall
not | 524 |
| issue a
D-5e permit
if the permit premises or proposed permit | 525 |
|
premises are located
within an area in which the sale of | 526 |
|
spirituous liquor by the
glass is prohibited. | 527 |
| (G) Permit D-5g may be issued to
a nonprofit corporation
that | 562 |
| is either the owner or the operator
of a national
professional | 563 |
| sports museum. The holder of a D-5g
permit may sell
beer and any | 564 |
| intoxicating liquor at retail, only
by the individual
drink in | 565 |
| glass and from the container, for
consumption on the
premises | 566 |
| where sold. The holder of a D-5g
permit shall sell no
beer or | 567 |
| intoxicating liquor for consumption
on the premises where
sold | 568 |
| after one a.m. A D-5g permit shall
not be transferred to
another | 569 |
| location. No quota restrictions
shall be placed on the
number of | 570 |
| D-5g permits that may be issued. The fee for
this
permit is one | 571 |
| thousand eight hundred seventy-five dollars. | 572 |
| (c) A community theater, provided that the nonprofit | 585 |
| organization is a member of the Ohio arts council and the American | 586 |
| community theatre association and has been in existence for not | 587 |
| less than ten years. As used in division (H)(1)(c) of this | 588 |
| section, "community theater" means a facility that contains at | 589 |
| least one hundred fifty seats and has a primary function of | 590 |
| presenting live theatrical performances and providing recreational | 591 |
| opportunities to the community. | 592 |
|
(2) The holder of a D-5h permit may sell
beer and any | 593 |
|
intoxicating liquor at retail, only by the
individual drink in | 594 |
|
glass and from the container, for consumption
on the premises | 595 |
|
where sold. The holder of a D-5h permit shall
sell no beer or | 596 |
|
intoxicating liquor for consumption on the
premises where sold | 597 |
|
after one a.m. A D-5h permit shall not be
transferred to another | 598 |
|
location. No quota restrictions shall be
placed on the number of | 599 |
|
D-5h permits that may be issued. | 600 |
| The holder of a D-5i permit shall cause an independent
audit | 624 |
|
to be performed at the end of one full year of operation
following | 625 |
|
issuance of the permit in order to verify the
requirements of | 626 |
|
division (I)(5) of this section. The results of
the independent | 627 |
|
audit shall be transmitted to the
division. Upon determining that | 628 |
|
the receipts of the holder from beer
and liquor sales, excluding | 629 |
| wine sales, exceeded
twenty-five per cent of its total gross | 630 |
|
receipts, the division
shall suspend the permit of
the permit | 631 |
|
holder under section
4301.25 of the Revised Code and may allow
the | 632 |
| permit holder to
elect a forfeiture under section 4301.252 of
the | 633 |
| Revised Code. | 634 |
| The holder of a D-5i permit may sell beer and any | 635 |
|
intoxicating liquor at retail, only by the individual drink in | 636 |
|
glass and from the container, for consumption on the premises | 637 |
|
where sold, and may sell the same products in the same manner and | 638 |
|
amounts not for consumption on the premises where sold as may be | 639 |
|
sold by the holders of D-1 and D-2 permits. The holder of a D-5i | 640 |
|
permit shall sell no beer or intoxicating liquor for consumption | 641 |
|
on the premises where sold after two-thirty a.m. In addition to | 642 |
|
the
privileges authorized in this division, the holder
of a D-5i | 643 |
|
permit may exercise the same privileges as the holder
of a D-5 | 644 |
|
permit. | 645 |
| (J)(1) Permit D-5j may be issued to
the owner or the
operator | 654 |
| of a
retail food establishment or a
food service
operation
| 655 |
| licensed under
Chapter 3717.
of
the
Revised Code to
sell beer and | 656 |
| intoxicating
liquor
at retail,
only by the
individual drink in | 657 |
| glass and from
the container, for
consumption
on the premises | 658 |
| where sold
and to
sell beer and
intoxicating
liquor in the same | 659 |
| manner and amounts
not
for
consumption on the
premises where
sold | 660 |
| as may be sold by
the
holders of D-1 and D-2
permits.
The holder | 661 |
| of a D-5j permit
may
exercise the same
privileges, and
shall | 662 |
| observe the same hours
of
operation, as the
holder of a D-5 | 663 |
|
permit. | 664 |
| (K)(1) Permit D-5k may be issued to any nonprofit | 700 |
|
organization that is exempt from federal income taxation under the | 701 |
|
"Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 702 |
|
501(c)(3), as amended, that is the owner or operator of a | 703 |
|
botanical garden recognized by the American association of | 704 |
|
botanical gardens and arboreta, and that has not less than | 705 |
|
twenty-five hundred
bona fide members. | 706 |
| Sec. 4303.29. (A) No permit, other than an H permit,
shall | 719 |
|
be issued to a firm or partnership unless all the members
of
the | 720 |
|
firm or partnership are citizens of the United States and
a | 721 |
|
majority have resided in this state for one year prior to | 722 |
|
application for
the permit. No permit, other than an H
permit, | 723 |
|
shall be issued to an individual who is not a
citizen of
the | 724 |
|
United States who has resided in this state for at least one
year | 725 |
|
prior to application for
the permit. No permit, other
than an E
or | 726 |
| H permit, shall be issued to any corporation
organized under
the | 727 |
| laws of any country, territory, or state other
than
this
state | 728 |
|
until it has furnished the division of liquor
control with | 729 |
|
evidence that it has complied with the laws of this
state
relating | 730 |
|
to the transaction of business in this state. | 731 |
(B)(1) No more than one of each type of C or D
permit
shall | 738 |
be issued to any one person, firm, or corporation in
any
county | 739 |
having a population of less than twenty-five thousand,
and
no more | 740 |
than one of each type of C or D
permit shall
be issued to any one | 741 |
person, firm, or corporation for any
additional twenty-five | 742 |
thousand or major fraction thereof in any
county having a greater | 743 |
population than twenty-five thousand,
provided that, in the case | 744 |
of D-3, D-3a, D-4, and D-5 permits, no
more than one permit shall | 745 |
be issued to any one person, firm, or
corporation in any county | 746 |
having a population of less than fifty
thousand, and no more than | 747 |
one such permit
shall be issued to any
one person, firm, or | 748 |
corporation for any
additional fifty thousand
or major fraction | 749 |
thereof in any county
having a greater
population than fifty | 750 |
thousand. | 751 |
Subject to division (B)(3)(2)(b) of this section, not more | 763 |
|
than
one D-3, D-4, or D-5 permit shall be issued for each two | 764 |
|
thousand
population or part
of that population in any municipal | 765 |
|
corporation and in
the unincorporated area of any township,
except | 766 |
|
that, in any city
of a population of fifty-five thousand or
more, | 767 |
|
one D-3 permit may
be issued for each fifteen hundred
population | 768 |
|
or part
of that population. | 769 |
(b)(i) Division (B)(3)(2)(a) of this
section
does not | 770 |
|
prohibit the transfer of
location or the transfer of
ownership and | 771 |
|
location of a C-1, C-2,
D-1, D-2, D-3, or D-5
permit
from a | 772 |
|
municipal corporation or the
unincorporated area of
a
township in | 773 |
|
which the number of permits
of that class exceeds
the
number of | 774 |
such permits authorized to be
issued under division
(B)(3)(2)(a) | 775 |
| of
this section to an economic
development project
located in | 776 |
| another
municipal corporation or
the unincorporated
area of | 777 |
| another
township in which no additional
permits of that
class may | 778 |
be
issued
to the applicant under
division (B)(3)(2)(a) of
this | 779 |
| section,
but the transfer of location
or transfer of ownership and | 780 |
| location
of the permit may occur only
if the applicant notifies | 781 |
|
the
municipal corporation or township to
which the location of the | 782 |
|
permit will be transferred regarding the
transfer and that | 783 |
|
municipal corporation or township acknowledges
in
writing to the | 784 |
|
division of liquor control, at the time the
application for the | 785 |
|
transfer of location or transfer of ownership
and location of the | 786 |
|
permit is filed, that the transfer will be to
an economic | 787 |
|
development project. This acknowledgment by the
municipal | 788 |
|
corporation or township does not prohibit it from
requesting a | 789 |
|
hearing under section 4303.26 of the Revised Code.
The applicant | 790 |
|
is
eligible to apply for and receive the transfer of
location of | 791 |
the
permit under division (B)(3)(2)(b) of this section if
all | 792 |
| permits
of
that class that may be issued under division | 793 |
(B)(3)(2)(a) of this
section in the applicable municipal | 794 |
| corporation
or unincorporated
area of the township have already | 795 |
| been issued or
if the number of
applications filed for permits of | 796 |
| that class in
that municipal
corporation or the unincorporated | 797 |
| area of that
township exceed the
number of permits of that class | 798 |
that may be
issued there under
division (B)(3)(2)(a) of this | 799 |
| section. | 800 |
| (ii) Factors that shall be used to determine the designation | 808 |
|
of
an
economic development project include, but are not limited | 809 |
|
to,
architectural certification of the plans and the cost of the | 810 |
|
project, the number of jobs that will be created by the project, | 811 |
|
projected earnings of the project, projected tax revenues for the | 812 |
|
political subdivisions in which the project will be located, and | 813 |
|
the amount of financial investment in the project. The | 814 |
|
superintendent of
liquor control shall determine whether the | 815 |
|
existing or
proposed business that is seeking a permit described | 816 |
in division
(B)(3)(2)(b) of this section qualifies as an economic | 817 |
|
development
project and, if the superintendent determines that it | 818 |
|
so
qualifies, shall designate the business as an economic | 819 |
|
development project. | 820 |
(4)(3) Nothing in this section shall be construed to restrict | 821 |
|
the issuance of a permit to a municipal corporation for use at a | 822 |
|
municipally owned airport at which commercial airline companies | 823 |
|
operate regularly scheduled flights on which space is available
to | 824 |
|
the public. A municipal corporation applying for a permit for
such | 825 |
| a municipally owned airport is exempt, in regard to that | 826 |
|
application, from the population restrictions contained in this | 827 |
|
section and from population quota restrictions contained in any | 828 |
|
rule of the liquor control commission. A municipal corporation | 829 |
|
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a | 830 |
|
municipally owned airport is subject to section 4303.31 of the | 831 |
|
Revised Code. | 832 |
(5)(4) Nothing in this section shall be construed to prohibit | 833 |
|
the issuance of a D permit to the board of trustees of a
soldiers' | 834 |
|
memorial for a premises located at a soldiers' memorial | 835 |
|
established pursuant to Chapter 345. of the Revised Code. An | 836 |
|
application for a D permit by
the board for
those
premises is | 837 |
|
exempt from the population restrictions contained in
this section | 838 |
|
and from the population quota restrictions contained
in any rule | 839 |
|
of the liquor control commission. The location of a D
permit | 840 |
|
issued to the board
for
those
premises
shall not be
transferred. A | 841 |
| board of trustees of a soldiers' memorial
applying
for a D-1, D-2, | 842 |
| D-3, D-4, or D-5 permit for
the
soldiers'
memorial is subject to | 843 |
| section 4303.31 of the Revised
Code. | 844 |
(6)(5) Nothing in this section shall be construed to restrict | 845 |
|
the issuance of a permit for a premises located at a golf course | 846 |
|
owned by a municipal corporation, township, or county, owned by a | 847 |
|
park district created under Chapter 1545. of the Revised Code, or | 848 |
|
owned by the state. The location of such a permit issued on or | 849 |
|
after September 26, 1984, for a premises located at such a golf | 850 |
|
course shall not be transferred. Any application for such a
permit | 851 |
| is exempt from the population quota restrictions contained
in this | 852 |
| section and from the population quota restrictions
contained in | 853 |
| any rule of the liquor control commission. A
municipal | 854 |
| corporation, township, county, park district, or state
agency | 855 |
| applying for a D-1, D-2, D-3, D-4, or D-5 permit for such
a
golf | 856 |
| course is subject to section 4303.31 of the Revised Code. | 857 |
(7)(6) As used in division (B)(7)(6) of this section, "fair" | 858 |
| has
the same meaning as in section 991.01 of the Revised Code, | 859 |
|
"state
fairgrounds" means the property that is held by the state | 860 |
|
for the
purpose of conducting fairs, expositions, and exhibits
and | 861 |
| that is
maintained and managed by the Ohio expositions
commission | 862 |
| under
section 991.03 of the Revised Code, and "capitol
square" has | 863 |
| the
same meaning as in section 105.41 of the Revised Code. | 864 |
| Nothing in this section shall be construed to restrict the | 865 |
|
issuance of one or more D permits to one or more applicants for | 866 |
|
all or a part of either the state fairgrounds or capitol square. | 867 |
|
An
application for a D
permit for the state fairgrounds or capitol | 868 |
|
square is exempt from the
population
quota restrictions contained | 869 |
|
in this section and from the
population quota restrictions | 870 |
|
contained in any rule of the liquor
control commission. The | 871 |
|
location of a D permit issued for the
state fairgrounds or capitol | 872 |
|
square shall not be transferred. An applicant
for a
D-1, D-2,
D-3, | 873 |
| or D-5 permit for the state fairgrounds is not
subject to
section | 874 |
| 4303.31 of the Revised Code. | 875 |
(8)(7) Nothing in this section shall be construed to prohibit | 881 |
|
the issuance of a D permit for a premises located at a zoological | 882 |
|
park at which sales have been approved in an election held under | 883 |
|
former section 4301.356 of the Revised Code. An application for a | 884 |
|
D
permit for such a premises is exempt from the population | 885 |
|
restrictions contained in this section, from the population quota | 886 |
|
restrictions contained in any rule of the liquor control | 887 |
|
commission, and from section 4303.31 of the Revised Code. The | 888 |
|
location of a D permit issued for a premises at such a zoological | 889 |
|
park shall not be transferred, and no quota or other restrictions | 890 |
|
shall be placed on the number of D permits that may be issued for | 891 |
|
a premises at such a zoological park. | 892 |
| (C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in | 893 |
|
any election precinct in any municipal
corporation or in any | 894 |
|
election precinct in
the unincorporated area of any township, in | 895 |
|
which at the
November, 1933, election a majority of the electors | 896 |
|
voting
thereon in the municipal corporation or in the | 897 |
|
unincorporated
area of the township voted against the repeal of | 898 |
|
Section 9 of
Article XV, Ohio Constitution, unless the sale of | 899 |
|
spirituous
liquor by the glass is authorized by a majority vote of | 900 |
|
the
electors voting on the question in the precinct at an election | 901 |
|
held pursuant
to
this section or by a
majority vote of the | 902 |
|
electors of the precinct voting on question (C) at a
special local | 903 |
|
option
election held in the precinct pursuant to
section 4301.35 | 904 |
|
of the Revised Code. Upon the request of an
elector, the board of | 905 |
|
elections of the county that encompasses
the precinct shall | 906 |
|
furnish the elector
with a copy of the instructions prepared by | 907 |
|
the secretary of
state under division (P) of section 3501.05 of | 908 |
|
the Revised Code
and, within fifteen days after the request, a | 909 |
|
certificate of the
number of signatures required for a valid | 910 |
|
petition under this
section. | 911 |
| Upon the petition of thirty-five per cent of the total
number | 912 |
|
of voters voting in any such precinct for the office of governor | 913 |
|
at the
preceding general
election, filed with the board of | 914 |
|
elections of the county in
which such precinct is located not | 915 |
|
later than seventy-five days before a general election,
the
board | 916 |
|
shall prepare ballots and hold an election at such general | 917 |
|
election upon the question of allowing spirituous liquor to be | 918 |
|
sold by the glass in such precinct.
The
ballots shall be
approved | 919 |
|
in form by the secretary of state. The
results of
the election | 920 |
|
shall be certified by the board to the
secretary of
state, who | 921 |
|
shall certify the
results to the division. | 922 |
| (1) That the applicant,
or any partner, member, officer, | 938 |
|
director, or manager
of the applicant, or, if the
applicant is a | 939 |
| corporation or limited liability company,
any
shareholder
owning
| 940 |
|
five per
cent or more of
the
applicant's
capital stock
in the | 941 |
| corporation or any member owning
five per cent or more of either | 942 |
| the voting interests or membership
interests in the limited | 943 |
| liability company: | 944 |
| (a) Does not conform to the building, safety, or health | 955 |
|
requirements of the governing body of the county or
municipal | 956 |
| corporation
in which the place is located. As used in
division | 957 |
| (A)(2)(a) of
this section, "building, safety, or health | 958 |
|
requirements" does not
include local zoning ordinances. The | 959 |
|
validity of local zoning
regulations shall not be affected by this | 960 |
|
section. | 961 |
| (1) That the place for which the permit is sought is so | 979 |
|
situated with respect to any school, church, library, public | 980 |
|
playground, or hospital that the operation of the liquor | 981 |
|
establishment will substantially and adversely affect or
interfere | 982 |
|
with the normal, orderly conduct of the affairs of
those | 983 |
|
facilities or institutions; | 984 |
| (2) That the number of permits already existent in the | 985 |
|
neighborhood is such that the issuance or transfer of location of | 986 |
|
a permit would be detrimental to and substantially interfere with | 987 |
|
the morals, safety, or welfare of the public. In reaching
a | 988 |
|
conclusion in this respect, the division shall
consider, in
light | 989 |
| of the purposes of
this chapter and Chapters 4301.
and 4399. of | 990 |
| the
Revised Code, the character and population of the | 991 |
|
neighborhood,
the number and location of similar permits in the | 992 |
|
neighborhood,
the number and location of all other permits in the | 993 |
|
neighborhood,
and the effect the issuance or transfer of location | 994 |
|
of a permit
would have on the neighborhood. | 995 |