| Sec. 4301.17. (A)(1) Subject to local option as provided in | 8 |
|
sections 4301.32 to 4301.40 of the Revised Code, five state
liquor | 9 |
|
stores or agencies may be established in each county. One | 10 |
|
additional store may be established in any county for each
| 11 |
|
twenty-five
thousand of population of
that county or major | 12 |
|
fraction
thereof
in
excess of the first forty thousand, according | 13 |
|
to the
last
preceding federal
decennial census
or according to the | 14 |
|
population estimates certified by the department of development | 15 |
|
between decennial censuses. A person engaged in a mercantile | 16 |
|
business may act as the agent for the division of
liquor
control | 17 |
|
for the sale of spirituous liquor in a municipal
corporation, in | 18 |
|
the unincorporated area
of a township, or in
an area designated | 19 |
|
and approved as a
resort area under section
4303.262 of the | 20 |
|
Revised Code. The
division shall
fix
the compensation for such
an | 21 |
|
agent
in
the
manner
it
considers best, but
the compensation
shall | 22 |
| not
exceed
seven per cent of the gross
sales made by
the
agent in | 23 |
| any
one
year. | 24 |
| (3) Except as otherwise provided in this section, no | 30 |
|
mercantile
business
that sells beer or intoxicating
liquor for | 31 |
|
consumption on
the premises under a permit issued by
the division | 32 |
|
shall operate
an agency store at
the premises.
An
agency to which | 33 |
|
a D-1 permit has been
issued may
offer for sale
tasting samples of | 34 |
|
beer, an agency
to which a
D-2
permit has been
issued may offer | 35 |
|
for sale tasting samples of wine
and mixed
beverages, and an | 36 |
|
agency to which a D-5 permit
has been
issued may
offer for sale | 37 |
|
tasting samples of beer, wine, and mixed
beverages,
but not | 38 |
|
spirituous liquor. A tasting sample shall not
be sold
for
the | 39 |
|
purpose of
general consumption. As used in this
section,
"tasting | 40 |
|
sample" means a small
amount of beer, wine, or
mixed
beverages | 41 |
|
that is provided in not more than
four servings of
not
more than | 42 |
|
two ounces each to an authorized purchaser and
that
allows the | 43 |
|
purchaser to determine, by tasting only, the quality
and
character | 44 |
|
of the beverage. | 45 |
(B) When an agency contract is proposed or, when an existing | 46 |
|
agency
contract is assigned, when an existing agency proposes to | 47 |
| relocate, or when an existing agency is relocated and assigned, | 48 |
before entering into any
contract or,
consenting to any | 49 |
| assignment, or consenting to any relocation, the division shall | 50 |
|
notify the
legislative authority of the municipal corporation
in | 51 |
|
which the
agency store is to be located, or the
board
of county | 52 |
|
commissioners and the board of township trustees
of the
county and | 53 |
|
the township in which the agency store is to be
located
if the | 54 |
|
agency store is to be located outside the
corporate limits
of a | 55 |
municipal corporation, of the proposed
contract
or, assignment, or | 56 |
| relocation, and
an
opportunity shall be provided officials or | 57 |
|
employees of the
municipal corporation or county and township for | 58 |
|
a complete
hearing upon the advisability of entering into the
| 59 |
|
contract
or
consenting to the assignment or relocation. When the | 60 |
| division sends notice
to
the
legislative
authority of the | 61 |
| political subdivision, the
division shall
notify, by certified | 62 |
| mail or by personal
service,
the chief peace
officer of the | 63 |
| political subdivision,
who
may
appear and testify,
either in | 64 |
| person or through a
representative,
at any hearing held
on the | 65 |
| advisability of
entering into the
contract
or consenting to the | 66 |
| assignment or relocation. | 67 |
| If
the proposed agency store, the assignment of an agency | 68 |
| contract, or the relocation of an agency store
would
be located | 69 |
| within five
hundred
feet of a school, church,
library,
public | 70 |
| playground, or
township
park, the division shall
not enter
into an | 71 |
| agency
contract
until it has provided notice of
the
proposed | 72 |
| contract to
the
authorities in control of the school,
church, | 73 |
| library, public
playground, or township park and has
provided
| 74 |
|
those authorities
with
an opportunity for
a complete hearing
upon | 75 |
| the advisability
of
entering into the
contract. If an agency
store | 76 |
| so located is
operating under an
agency contract,
the
division may | 77 |
| consent to relocation of the agency store or to
the assignment of | 78 |
that
contract to operate
an agency store at the
same location,
but | 79 |
the. The division may also consent to the assignment of an | 80 |
| existing agency contract simultaneously with the relocation of the | 81 |
| agency store. In any such assignment or relocation, the assignee | 82 |
| and the location shall be subject to the same requirements that | 83 |
| the existing location met at the time that the contract was first | 84 |
| entered into as well as any additional requirements imposed by the | 85 |
| division in rules adopted by the superintendent of liquor control. | 86 |
| The division
shall not consent to an
assignment or relocation of | 87 |
| an agency store
until it has notified the
authorities in control | 88 |
| of the
school,
church, library, public
playground, or township | 89 |
| park and
has
provided
those authorities with
an opportunity for
a | 90 |
| complete
hearing upon the advisability of
consenting to the | 91 |
|
assignment or relocation. | 92 |
| Any hearing
provided for in this division shall be held in | 93 |
|
the
central office of the division,
except that upon
written | 94 |
|
request of the legislative authority of the municipal
corporation, | 95 |
|
the board of county commissioners,
the board of
township
trustees, | 96 |
|
or the authorities in control of the school, church,
library, | 97 |
| public playground, or township park,
the hearing shall be
held in | 98 |
| the county seat
of the county where
the proposed agency
store is | 99 |
| to be located. | 100 |
| (C) All agency contracts entered into by the division | 101 |
|
pursuant to this section shall be in writing and shall contain a | 102 |
|
clause providing for the termination of the contract at will by | 103 |
|
the division upon its giving ninety days' notice in writing to
the | 104 |
| agent of its intention to do so. Any agency contract may
include a | 105 |
| clause requiring the agent to report to the appropriate
law | 106 |
| enforcement agency the name and address of any individual
under | 107 |
| twenty-one years of age who attempts to make an illegal
purchase. | 108 |
| The division shall issue a C-1 and C-2 permit to each
agent | 112 |
|
who prior to
November 1, 1994, had not been issued both of these | 113 |
|
permits,
notwithstanding the population quota restrictions | 114 |
|
contained in section 4303.29
of the Revised Code or in any rule of | 115 |
|
the liquor control commission and
notwithstanding the requirements | 116 |
|
of section 4303.31 of the Revised Code. The
location of a C-1 or | 117 |
|
C-2 permit issued to such an agent shall not be
transferred. The | 118 |
|
division shall revoke any C-1 or C-2
permit issued to
an agent | 119 |
|
under this paragraph if the agent no longer operates an agency | 120 |
|
store. | 121 |
| (D) If the division closes a state liquor store and replaces | 127 |
|
that store with
an agency store, any employees of the division | 128 |
|
employed at that state liquor
store who lose their jobs at that | 129 |
|
store as a result shall be given
preference by the agent who | 130 |
|
operates the agency store in filling any vacancies that occur | 131 |
|
among the agent's employees, if
that preference does not
conflict | 132 |
|
with the agent's obligations pursuant to a collective
bargaining | 133 |
|
agreement. | 134 |
| If the division closes a state liquor store and replaces the | 135 |
|
store with an
agency store, any employees of the division employed | 136 |
|
at the state liquor store
who lose their jobs at that store as a | 137 |
|
result may displace other
employees as provided in sections | 138 |
|
124.321 to 124.328 of the Revised Code. If
an employee cannot | 139 |
|
displace other employees and is laid off, the employee
shall be | 140 |
|
reinstated in another job as provided in sections 124.321 to | 141 |
|
124.328
of the Revised Code, except that the employee's rights of | 142 |
|
reinstatement in a
job at a state liquor store shall continue for | 143 |
|
a period of two years after the
date of the employee's layoff and | 144 |
|
shall apply to jobs at state liquor stores
located in the | 145 |
|
employee's layoff jurisdiction and any layoff jurisdiction | 146 |
|
adjacent to the employee's layoff jurisdiction. | 147 |
| (a) Beer or intoxicating liquor
that has been lawfully | 176 |
|
purchased for consumption on the
premises where bought from the | 177 |
|
holder of an A-1-A, A-2, D-1, D-2,
D-3, D-3a, D-4, D-4a, D-5, | 178 |
|
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j,
D-5k, | 179 |
|
D-7,
D-8, E, F, F-2, or F-5 permit; | 180 |
| (2) A person may have in the person's possession on an
F | 190 |
|
liquor permit premises an
opened container of beer or intoxicating | 191 |
|
liquor that was not
purchased from the holder of the
F permit if | 192 |
|
the premises for which the F permit is issued is
a music festival | 193 |
|
and the holder of the F permit grants permission for
that | 194 |
|
possession on the premises during the period
for which the F | 195 |
|
permit is
issued. As used in this division,
"music festival"
means | 196 |
| a
series of outdoor live musical performances, extending for
a | 197 |
|
period of at least three consecutive days and located on an
area | 198 |
|
of land of at least forty acres. | 199 |
| (3)(a) A person may have in the person's possession on a D-2 | 200 |
| liquor permit premises an opened or unopened container of wine | 201 |
| that was not purchased from the holder of the D-2 permit if the | 202 |
| premises for which the D-2 permit is issued is an outdoor | 203 |
| performing arts center, the person is attending an orchestral | 204 |
| performance, and the holder of the D-2 permit grants permission | 205 |
| for the possession and consumption of wine in certain | 206 |
| predesignated areas of the premises during the period for which | 207 |
| the D-2 permit is issued. | 208 |
| Sec. 4301.69. (A) Except as otherwise provided in this | 252 |
|
chapter, no person shall sell beer or intoxicating liquor to an | 253 |
|
underage person, shall buy beer or intoxicating liquor for an | 254 |
|
underage person, or shall furnish it to an underage person,
unless | 255 |
|
given by a physician in the regular line of the
physician's | 256 |
|
practice or given for established religious purposes or unless
the | 257 |
underage person is accompaniedsupervised by a parent, spouse who | 258 |
| is not an
underage person, or legal guardian. | 259 |
| (B) No person who is the owner or occupant of any public
or | 265 |
|
private place shall knowingly allow any underage person to
remain | 266 |
|
in or on the place while possessing or consuming beer or | 267 |
|
intoxicating liquor, unless the intoxicating liquor or beer is | 268 |
|
given to the person possessing or consuming it by that person's | 269 |
|
parent, spouse who is not an underage person, or legal guardian | 270 |
|
and the parent, spouse who is not an underage person, or legal | 271 |
|
guardian is present at the time of the person's possession or | 272 |
|
consumption of the beer or intoxicating liquor. | 273 |
| (1) That beer or intoxicating liquor will be consumed by
an | 281 |
|
underage person on the premises of the accommodations that the | 282 |
|
person engages or uses, unless the person engaging or using the | 283 |
accommodations is the spouse of the underage person and who is
not | 284 |
|
an underage person, or is the parent or legal
guardian of all of | 285 |
|
the underage persons, who consume beer or
intoxicating liquor on | 286 |
|
the premises and that person is on the
premises at all times when | 287 |
|
beer or intoxicating liquor is being
consumed by an underage | 288 |
|
person; | 289 |
| (D)(1) No person is required to permit the engagement of | 296 |
|
accommodations at any hotel, inn, cabin, or campground by an | 297 |
|
underage person or for an underage person, if the person engaging | 298 |
|
the accommodations knows or has reason to know that the underage | 299 |
|
person is intoxicated, or that the underage person possesses any | 300 |
beer or intoxicating liquor and is not accompaniedsupervised by a | 301 |
| parent,
spouse who is not an underage person, or legal guardian | 302 |
| who is or
will be present at all times when the beer or | 303 |
| intoxicating liquor
is being consumed by the underage person. | 304 |
| (E)(1) No underage person shall knowingly
order, pay for, | 310 |
|
share the cost of, attempt to purchase, possess,
or consume
any | 311 |
|
beer or intoxicating liquor in any
public or private place. No | 312 |
|
underage person shall knowingly be under the influence
of any beer | 313 |
|
or intoxicating liquor in any public place. The
prohibitions set | 314 |
|
forth in division
(E)(1) of this section against
an underage | 315 |
|
person knowingly possessing, consuming, or being under
the | 316 |
|
influence of any beer or intoxicating liquor shall not apply
if | 317 |
the underage person is
accompaniedsupervised
by a parent, spouse | 318 |
|
who is
not
an
underage person, or
legal
guardian, or
the beer or | 319 |
|
intoxicating liquor is given
by a
physician in the regular line
of | 320 |
|
the physician's practice or
given
for established
religious | 321 |
|
purposes. | 322 |
| (2)(a) If a person is charged with violating division (E)(1) | 323 |
|
of
this section in a complaint filed under section 2151.27 of the | 324 |
|
Revised Code, the court may order the child into a diversion | 325 |
|
program specified by the court and hold the complaint in abeyance | 326 |
|
pending successful completion of the diversion program. A child
is | 327 |
| ineligible to enter into a diversion program under division | 328 |
|
(E)(2)(a) of this section if the child previously has been | 329 |
|
diverted pursuant to division (E)(2)(a) of this section. If the | 330 |
|
child completes the diversion program to the satisfaction of the | 331 |
|
court, the court shall dismiss the complaint and order the child's | 332 |
|
record in the case sealed under division (D)(3) of section | 333 |
|
2151.358 of the Revised Code. If the child fails to
satisfactorily | 334 |
| complete the diversion program, the court shall
proceed with the | 335 |
| complaint. | 336 |
| (b) If a person is charged in a criminal complaint with | 337 |
|
violating division (E)(1) of this section, section 2935.36 of the | 338 |
|
Revised Code shall apply to the offense, except that a person is | 339 |
|
ineligible for diversion under that section if the person | 340 |
|
previously has been diverted pursuant to division (E)(2)(a) or (b) | 341 |
|
of this section. If the person completes the diversion program to | 342 |
|
the satisfaction of the court, the court shall dismiss the | 343 |
|
complaint and order the record in the case sealed under section | 344 |
|
2953.52 of the Revised Code. If the person fails to
satisfactorily | 345 |
| complete the diversion program, the court shall
proceed with the | 346 |
| complaint. | 347 |
| If an offender who violates section 4301.64 of the
Revised | 375 |
|
Code
was under the age of eighteen years at the time of the | 376 |
|
offense, the court, in
addition to any other penalties it imposes | 377 |
|
upon the offender, shall
suspend
the
offender's temporary | 378 |
|
instruction permit, probationary
driver's license, or
driver's | 379 |
|
license
for a period of
not less than six months
and not more than | 380 |
|
one year. If the offender is fifteen years
and six months
of age | 381 |
|
or older and has not been issued a temporary instruction
permit or | 382 |
|
probationary driver's license, the offender shall not be
eligible | 383 |
|
to
be issued such a license or permit for a period of six
months. | 384 |
|
If the
offender
has not attained the age of fifteen years
and six | 385 |
|
months, the offender shall
not be eligible to be issued a | 386 |
|
temporary instruction permit until the offender
attains the age of | 387 |
|
sixteen years. | 388 |
| (C) Whoever violates division (D) of section 4301.21, | 389 |
|
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.633,
4301.66, | 390 |
|
4301.68, or 4301.74, division (B), (C), (D), (E)(1), or (F)
of | 391 |
|
section 4301.69, or division (C), (D),
(E),
(F), (G), or (I) of | 392 |
| section 4301.691 of the Revised Code is
guilty
of a misdemeanor of | 393 |
| the first degree. | 394 |
| If an offender who violates
division (E)(1) of section | 395 |
|
4301.69 of the
Revised
Code was under the age of eighteen years at | 396 |
|
the time
of the
offense and the offense
occurred while the | 397 |
|
offender was the
operator of or a passenger in a motor
vehicle, | 398 |
|
the court, in
addition to any other penalties it imposes upon the | 399 |
|
offender,
shall
suspend
the
offender's
temporary instruction | 400 |
|
permit or
probationary driver's license for
a period of
not less | 401 |
|
than six
months
and not more than one year.
If the offender is | 402 |
|
fifteen
years and six months of age or older and has not been | 403 |
|
issued a
temporary
instruction permit or probationary driver's | 404 |
|
license,
the
offender shall not be eligible to be issued such a | 405 |
|
license or
permit
for
a period of six months. If the offender has | 406 |
|
not
attained the age of fifteen
years and six months, the offender | 407 |
|
shall not be eligible to be issued a
temporary instruction permit | 408 |
|
until the offender attains the age of sixteen
years. | 409 |
| (E) Whoever violates section 4301.63 or division (B) of | 413 |
|
section 4301.631 of the Revised Code shall be fined not less than | 414 |
|
twenty-five nor more than one hundred dollars. The court
imposing | 415 |
|
a fine for a violation of section 4301.63 or division
(B) of | 416 |
|
section 4301.631 of the Revised Code may order that the
fine be | 417 |
|
paid by the performance of public work at a reasonable
hourly rate | 418 |
|
established by the court. The court shall designate
the time | 419 |
|
within which the public work shall be completed. | 420 |
| (F)(1) Whoever violates section 4301.634 of the Revised
Code | 421 |
|
is guilty of a misdemeanor of the first degree. If, in
committing | 422 |
|
a first violation of that section, the offender
presented to the | 423 |
|
permit holder or the permit holder's
employee or agent a false, | 424 |
|
fictitious, or altered identification card, a false or fictitious | 425 |
|
driver's license purportedly issued by any state, or a driver's | 426 |
|
license issued by any state that has been altered, the offender
is | 427 |
|
guilty of a misdemeanor of the first degree and shall be fined
not | 428 |
|
less than two hundred fifty and not more than one thousand | 429 |
|
dollars, and may be sentenced to a term of imprisonment of not | 430 |
|
more than six months. | 431 |
| (2) On a second violation in which, for the second time,
the | 432 |
|
offender presented to the permit holder or the permit
holder's | 433 |
|
employee or
agent a false, fictitious, or altered identification | 434 |
|
card, a
false or fictitious driver's license purportedly issued by | 435 |
|
any
state, or a driver's license issued by any state that has
been | 436 |
|
altered, the offender is guilty of a misdemeanor of the first | 437 |
|
degree and shall be fined not less than five hundred nor more
than | 438 |
|
one thousand dollars, and may be sentenced to a term of | 439 |
|
imprisonment of not more than six months. The court also may
| 440 |
|
impose a class seven suspension of the offender's
driver's
or | 441 |
|
commercial driver's license or
permit or nonresident operating | 442 |
|
privilege
from the range specified
in division (A)(7) of section | 443 |
|
4510.02 of the Revised
Code. | 444 |
| (3) On a third or subsequent violation in which, for the | 445 |
|
third or subsequent time, the offender presented to the permit | 446 |
|
holder or the permit holder's employee or agent a false, | 447 |
|
fictitious, or altered
identification card, a false or fictitious | 448 |
|
driver's license
purportedly issued by any state, or a driver's | 449 |
|
license issued by
any state that has been altered, the offender is | 450 |
|
guilty of a
misdemeanor of the first degree and shall be fined not | 451 |
|
less than
five hundred nor more than one thousand dollars, and may | 452 |
|
be
sentenced to a term of imprisonment of not more than six | 453 |
|
months. The court
also shall
impose a class six
suspension of
the | 454 |
|
offender's driver's or
commercial driver's
license or permit
or | 455 |
| nonresident operating
privilege
from the range
specified in | 456 |
|
division (A)(6) of section
4510.02 of the Revised
Code, and the | 457 |
|
court may order
that the suspension or denial
remain
in effect | 458 |
|
until the offender attains the age of twenty-one
years.
The court | 459 |
|
also may order the offender to perform a
determinate
number of | 460 |
|
hours of community service, with the court
determining
the actual | 461 |
|
number of hours and the nature of the
community service
the | 462 |
|
offender shall perform. | 463 |
| Sec. 4303.29. (A) No permit, other than an H permit,
shall | 481 |
|
be issued to a firm or partnership unless all the members
of
the | 482 |
|
firm or partnership are citizens of the United States and
a | 483 |
|
majority have resided in this state for one year prior to | 484 |
|
application for
the permit. No permit, other than an H
permit, | 485 |
|
shall be issued to an individual who is not a
citizen of
the | 486 |
|
United States who has resided in this state for at least one
year | 487 |
|
prior to application for
the permit. No permit, other
than an E
or | 488 |
| H permit, shall be issued to any corporation
organized under
the | 489 |
| laws of any country, territory, or state other
than
this
state | 490 |
|
until it has furnished the division of liquor
control with | 491 |
|
evidence that it has complied with the laws of this
state
relating | 492 |
|
to the transaction of business in this state. | 493 |
(B)(1) No more than one of each type of C or D
permit
shall | 500 |
be issued to any one person, firm, or corporation in
any
county | 501 |
having a population of less than twenty-five thousand,
and
no more | 502 |
than one of each type of C or D
permit shall
be issued to any one | 503 |
person, firm, or corporation for any
additional twenty-five | 504 |
thousand or major fraction thereof in any
county having a greater | 505 |
population than twenty-five thousand,
provided that, in the case | 506 |
of D-3, D-3a, D-4, and D-5 permits, no
more than one permit shall | 507 |
be issued to any one person, firm, or
corporation in any county | 508 |
having a population of less than fifty
thousand, and no more than | 509 |
one such permit
shall be issued to any
one person, firm, or | 510 |
corporation for any
additional fifty thousand
or major fraction | 511 |
thereof in any county
having a greater
population than fifty | 512 |
thousand. | 513 |
Subject to division (B)(3)(2)(b) of this section, not more | 525 |
|
than
one D-3, D-4, or D-5 permit shall be issued for each two | 526 |
|
thousand
population or part
of that population in any municipal | 527 |
|
corporation and in
the unincorporated area of any township,
except | 528 |
|
that, in any city
of a population of fifty-five thousand or
more, | 529 |
|
one D-3 permit may
be issued for each fifteen hundred
population | 530 |
|
or part
of that population. | 531 |
(b)(i) Division (B)(3)(2)(a) of this
section
does not | 532 |
|
prohibit the transfer of
location or the transfer of
ownership and | 533 |
|
location of a C-1, C-2,
D-1, D-2, D-3, or D-5
permit
from a | 534 |
|
municipal corporation or the
unincorporated area of
a
township in | 535 |
|
which the number of permits
of that class exceeds
the
number of | 536 |
such permits authorized to be
issued under division
(B)(3)(2)(a) | 537 |
| of
this section to an economic
development project
located in | 538 |
| another
municipal corporation or
the unincorporated
area of | 539 |
| another
township in which no additional
permits of that
class may | 540 |
be
issued
to the applicant under
division (B)(3)(2)(a) of
this | 541 |
| section,
but the transfer of location
or transfer of ownership and | 542 |
| location
of the permit may occur only
if the applicant notifies | 543 |
|
the
municipal corporation or township to
which the location of the | 544 |
|
permit will be transferred regarding the
transfer and that | 545 |
|
municipal corporation or township acknowledges
in
writing to the | 546 |
|
division of liquor control, at the time the
application for the | 547 |
|
transfer of location or transfer of ownership
and location of the | 548 |
|
permit is filed, that the transfer will be to
an economic | 549 |
|
development project. This acknowledgment by the
municipal | 550 |
|
corporation or township does not prohibit it from
requesting a | 551 |
|
hearing under section 4303.26 of the Revised Code.
The applicant | 552 |
|
is
eligible to apply for and receive the transfer of
location of | 553 |
the
permit under division (B)(3)(2)(b) of this section if
all | 554 |
| permits
of
that class that may be issued under division | 555 |
(B)(3)(2)(a) of this
section in the applicable municipal | 556 |
| corporation
or unincorporated
area of the township have already | 557 |
| been issued or
if the number of
applications filed for permits of | 558 |
| that class in
that municipal
corporation or the unincorporated | 559 |
| area of that
township exceed the
number of permits of that class | 560 |
that may be
issued there under
division (B)(3)(2)(a) of this | 561 |
| section. | 562 |
| (ii) Factors that shall be used to determine the designation | 570 |
|
of
an
economic development project include, but are not limited | 571 |
|
to,
architectural certification of the plans and the cost of the | 572 |
|
project, the number of jobs that will be created by the project, | 573 |
|
projected earnings of the project, projected tax revenues for the | 574 |
|
political subdivisions in which the project will be located, and | 575 |
|
the amount of financial investment in the project. The | 576 |
|
superintendent of
liquor control shall determine whether the | 577 |
|
existing or
proposed business that is seeking a permit described | 578 |
in division
(B)(3)(2)(b) of this section qualifies as an economic | 579 |
|
development
project and, if the superintendent determines that it | 580 |
|
so
qualifies, shall designate the business as an economic | 581 |
|
development project. | 582 |
(4)(3) Nothing in this section shall be construed to restrict | 583 |
|
the issuance of a permit to a municipal corporation for use at a | 584 |
|
municipally owned airport at which commercial airline companies | 585 |
|
operate regularly scheduled flights on which space is available
to | 586 |
|
the public. A municipal corporation applying for a permit for
such | 587 |
| a municipally owned airport is exempt, in regard to that | 588 |
|
application, from the population restrictions contained in this | 589 |
|
section and from population quota restrictions contained in any | 590 |
|
rule of the liquor control commission. A municipal corporation | 591 |
|
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a | 592 |
|
municipally owned airport is subject to section 4303.31 of the | 593 |
|
Revised Code. | 594 |
(5)(4) Nothing in this section shall be construed to prohibit | 595 |
|
the issuance of a D permit to the board of trustees of a
soldiers' | 596 |
|
memorial for a premises located at a soldiers' memorial | 597 |
|
established pursuant to Chapter 345. of the Revised Code. An | 598 |
|
application for a D permit by
the board for
those
premises is | 599 |
|
exempt from the population restrictions contained in
this section | 600 |
|
and from the population quota restrictions contained
in any rule | 601 |
|
of the liquor control commission. The location of a D
permit | 602 |
|
issued to the board
for
those
premises
shall not be
transferred. A | 603 |
| board of trustees of a soldiers' memorial
applying
for a D-1, D-2, | 604 |
| D-3, D-4, or D-5 permit for
the
soldiers'
memorial is subject to | 605 |
| section 4303.31 of the Revised
Code. | 606 |
(6)(5) Nothing in this section shall be construed to restrict | 607 |
|
the issuance of a permit for a premises located at a golf course | 608 |
|
owned by a municipal corporation, township, or county, owned by a | 609 |
|
park district created under Chapter 1545. of the Revised Code, or | 610 |
|
owned by the state. The location of such a permit issued on or | 611 |
|
after September 26, 1984, for a premises located at such a golf | 612 |
|
course shall not be transferred. Any application for such a
permit | 613 |
| is exempt from the population quota restrictions contained
in this | 614 |
| section and from the population quota restrictions
contained in | 615 |
| any rule of the liquor control commission. A
municipal | 616 |
| corporation, township, county, park district, or state
agency | 617 |
| applying for a D-1, D-2, D-3, D-4, or D-5 permit for such
a
golf | 618 |
| course is subject to section 4303.31 of the Revised Code. | 619 |
(7)(6) As used in division (B)(7)(6) of this section, "fair" | 620 |
| has
the same meaning as in section 991.01 of the Revised Code; | 621 |
|
"state
fairgrounds" means the property that is held by the state | 622 |
|
for the
purpose of conducting fairs, expositions, and exhibits
and | 623 |
| that is
maintained and managed by the Ohio expositions
commission | 624 |
| under
section 991.03 of the Revised Code; "capitol
square" has the | 625 |
|
same meaning as in section 105.41 of the Revised Code; and "Ohio | 626 |
| judicial center" means the site of the Ohio supreme court and its | 627 |
| grounds. | 628 |
| Nothing in this section shall be construed to restrict the | 629 |
|
issuance of one or more D permits to one or more applicants for | 630 |
|
all or a part of the state fairgrounds, capitol square, or the | 631 |
| Ohio judicial center.
An
application for a D
permit for the state | 632 |
| fairgrounds, capitol
square, or the Ohio judicial center is exempt | 633 |
| from the
population
quota restrictions contained
in this section | 634 |
| and from the
population quota restrictions
contained in any rule | 635 |
| of the liquor
control commission. The
location of a D permit | 636 |
| issued for the
state fairgrounds, capitol
square, or the Ohio | 637 |
| judicial center shall not be transferred. An applicant
for a
D-1, | 638 |
| D-2,
D-3, or D-5 permit for the state fairgrounds is not
subject | 639 |
| to
section 4303.31 of the Revised Code. | 640 |
(8)(7) Nothing in this section shall be construed to prohibit | 646 |
|
the issuance of a D permit for a premises located at a zoological | 647 |
|
park at which sales have been approved in an election held under | 648 |
|
former section 4301.356 of the Revised Code. An application for a | 649 |
|
D
permit for such a premises is exempt from the population | 650 |
|
restrictions contained in this section, from the population quota | 651 |
|
restrictions contained in any rule of the liquor control | 652 |
|
commission, and from section 4303.31 of the Revised Code. The | 653 |
|
location of a D permit issued for a premises at such a zoological | 654 |
|
park shall not be transferred, and no quota or other restrictions | 655 |
|
shall be placed on the number of D permits that may be issued for | 656 |
|
a premises at such a zoological park. | 657 |
| (C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in | 658 |
|
any election precinct in any municipal
corporation or in any | 659 |
|
election precinct in
the unincorporated area of any township, in | 660 |
|
which at the
November, 1933, election a majority of the electors | 661 |
|
voting
thereon in the municipal corporation or in the | 662 |
|
unincorporated
area of the township voted against the repeal of | 663 |
|
Section 9 of
Article XV, Ohio Constitution, unless the sale of | 664 |
|
spirituous
liquor by the glass is authorized by a majority vote of | 665 |
|
the
electors voting on the question in the precinct at an election | 666 |
|
held pursuant
to
this section or by a
majority vote of the | 667 |
|
electors of the precinct voting on question (C) at a
special local | 668 |
|
option
election held in the precinct pursuant to
section 4301.35 | 669 |
|
of the Revised Code. Upon the request of an
elector, the board of | 670 |
|
elections of the county that encompasses
the precinct shall | 671 |
|
furnish the elector
with a copy of the instructions prepared by | 672 |
|
the secretary of
state under division (P) of section 3501.05 of | 673 |
|
the Revised Code
and, within fifteen days after the request, a | 674 |
|
certificate of the
number of signatures required for a valid | 675 |
|
petition under this
section. | 676 |
| Upon the petition of thirty-five per cent of the total
number | 677 |
|
of voters voting in any such precinct for the office of governor | 678 |
|
at the
preceding general
election, filed with the board of | 679 |
|
elections of the county in
which such precinct is located not | 680 |
|
later than seventy-five days before a general election,
the
board | 681 |
|
shall prepare ballots and hold an election at such general | 682 |
|
election upon the question of allowing spirituous liquor to be | 683 |
|
sold by the glass in such precinct.
The
ballots shall be
approved | 684 |
|
in form by the secretary of state. The
results of
the election | 685 |
|
shall be certified by the board to the
secretary of
state, who | 686 |
|
shall certify the
results to the division. | 687 |
| (1) That the applicant,
or any partner, member, officer, | 703 |
|
director, or manager
of the applicant, or, if the
applicant is a | 704 |
| corporation or limited liability company,
any
shareholder
owning
| 705 |
|
five per
cent or more of
the
applicant's
capital stock
in the | 706 |
| corporation or any member owning
five per cent or more of either | 707 |
| the voting interests or membership
interests in the limited | 708 |
| liability company: | 709 |
| (a) Does not conform to the building, safety, or health | 720 |
|
requirements of the governing body of the county or
municipal | 721 |
| corporation
in which the place is located. As used in
division | 722 |
| (A)(2)(a) of
this section, "building, safety, or health | 723 |
|
requirements" does not
include local zoning ordinances. The | 724 |
|
validity of local zoning
regulations shall not be affected by this | 725 |
|
section. | 726 |
| (1) That the place for which the permit is sought is so | 744 |
|
situated with respect to any school, church, library, public | 745 |
|
playground, or hospital that the operation of the liquor | 746 |
|
establishment will substantially and adversely affect or
interfere | 747 |
|
with the normal, orderly conduct of the affairs of
those | 748 |
|
facilities or institutions; | 749 |
| (2) That the number of permits already existent in the | 750 |
|
neighborhood is such that the issuance or transfer of location of | 751 |
|
a permit would be detrimental to and substantially interfere with | 752 |
|
the morals, safety, or welfare of the public. In reaching
a | 753 |
|
conclusion in this respect, the division shall
consider, in
light | 754 |
| of the purposes of
this chapter and Chapters 4301.
and 4399. of | 755 |
| the
Revised Code, the character and population of the | 756 |
|
neighborhood,
the number and location of similar permits in the | 757 |
|
neighborhood,
the number and location of all other permits in the | 758 |
|
neighborhood,
and the effect the issuance or transfer of location | 759 |
|
of a permit
would have on the neighborhood. | 760 |