|
|
To amend section 4301.62 and to enact section | 1 |
4303.232 of the Revised Code to create the T-1 | 2 |
permit to authorize certain colleges and | 3 |
universities and professional athletic teams to | 4 |
allow the consumption of beer and intoxicating | 5 |
liquor brought into restricted areas on the | 6 |
property that they own or lease. | 7 |
Section 1. That section 4301.62 be amended and section | 8 |
4303.232 of the Revised Code be enacted to read as follows: | 9 |
Sec. 4301.62. (A) As used in this section: | 10 |
(1) "Chauffeured limousine" means a vehicle registered under | 11 |
section 4503.24 of the Revised Code. | 12 |
(2) "Street," "highway," and "motor vehicle" have the same | 13 |
meanings as in section 4511.01 of the Revised Code. | 14 |
(B) No person shall have in the person's possession an opened | 15 |
container of beer or intoxicating liquor in any of the following | 16 |
circumstances: | 17 |
(1) In a state liquor store; | 18 |
(2) Except as provided in division (C) of this section, on | 19 |
the premises of the holder of any permit issued by the division of | 20 |
liquor control; | 21 |
(3) In any other public place; | 22 |
(4) Except as provided in division (D) or (E) of this | 23 |
section, while operating or being a passenger in or on a motor | 24 |
vehicle on any street, highway, or other public or private | 25 |
property open to the public for purposes of vehicular travel or | 26 |
parking; | 27 |
(5) Except as provided in division (D) or (E) of this | 28 |
section, while being in or on a stationary motor vehicle on any | 29 |
street, highway, or other public or private property open to the | 30 |
public for purposes of vehicular travel or parking. | 31 |
(C)(1) A person may have in the person's possession an opened | 32 |
container of any of the following: | 33 |
(a) Beer or intoxicating liquor that has been lawfully | 34 |
purchased for consumption on the premises where bought from the | 35 |
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, | 36 |
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, | 37 |
D-7, D-8, E, F, F-2, or F-5 permit; | 38 |
(b) Beer, wine, or mixed beverages served for consumption on | 39 |
the premises by the holder of an F-3 permit or wine served for | 40 |
consumption on the premises by the holder of an F-4 or F-6 permit; | 41 |
(c) Beer or intoxicating liquor consumed on the premises of a | 42 |
convention facility as provided in section 4303.201 of the Revised | 43 |
Code or consumed on the premises of a T-1 permit holder as | 44 |
provided in section 4303.232 of the Revised Code; | 45 |
(d) Beer or intoxicating liquor to be consumed during | 46 |
tastings and samplings approved by rule of the liquor control | 47 |
commission. | 48 |
(2) A person may have in the person's possession on an F | 49 |
liquor permit premises an opened container of beer or intoxicating | 50 |
liquor that was not purchased from the holder of the F permit if | 51 |
the premises for which the F permit is issued is a music festival | 52 |
and the holder of the F permit grants permission for that | 53 |
possession on the premises during the period for which the F | 54 |
permit is issued. As used in this division, "music festival" means | 55 |
a series of outdoor live musical performances, extending for a | 56 |
period of at least three consecutive days and located on an area | 57 |
of land of at least forty acres. | 58 |
(3)(a) A person may have in the person's possession on a D-2 | 59 |
liquor permit premises an opened or unopened container of wine | 60 |
that was not purchased from the holder of the D-2 permit if the | 61 |
premises for which the D-2 permit is issued is an outdoor | 62 |
performing arts center, the person is attending an orchestral | 63 |
performance, and the holder of the D-2 permit grants permission | 64 |
for the possession and consumption of wine in certain | 65 |
predesignated areas of the premises during the period for which | 66 |
the D-2 permit is issued. | 67 |
(b) As used in division (C)(3)(a) of this section: | 68 |
(i) "Orchestral performance" means a concert comprised of a | 69 |
group of not fewer than forty musicians playing various musical | 70 |
instruments. | 71 |
(ii) "Outdoor performing arts center" means an outdoor | 72 |
performing arts center that is located on not less than eight | 73 |
hundred acres of land and that is open for performances from the | 74 |
first day of April to the last day of October of each year. | 75 |
(D) This section does not apply to a person who pays all or a | 76 |
portion of the fee imposed for the use of a chauffeured limousine | 77 |
pursuant to a prearranged contract, or the guest of the person, | 78 |
when all of the following apply: | 79 |
(1) The person or guest is a passenger in the limousine. | 80 |
(2) The person or guest is located in the limousine, but is | 81 |
not occupying a seat in the front compartment of the limousine | 82 |
where the operator of the limousine is located. | 83 |
(3) The limousine is located on any street, highway, or other | 84 |
public or private property open to the public for purposes of | 85 |
vehicular travel or parking. | 86 |
(E) An opened bottle of wine that was purchased from the | 87 |
holder of a permit that authorizes the sale of wine for | 88 |
consumption on the premises where sold is not an opened container | 89 |
for the purposes of this section if both of the following apply: | 90 |
(1) The opened bottle of wine is securely resealed by the | 91 |
permit holder or an employee of the permit holder before the | 92 |
bottle is removed from the premises. The bottle shall be secured | 93 |
in such a manner that it is visibly apparent if the bottle has | 94 |
been subsequently opened or tampered with. | 95 |
(2) The opened bottle of wine that is resealed in accordance | 96 |
with division (E)(1) of this section is stored in the trunk of a | 97 |
motor vehicle or, if the motor vehicle does not have a trunk, | 98 |
behind the last upright seat or in an area not normally occupied | 99 |
by the driver or passengers and not easily accessible by the | 100 |
driver. | 101 |
Sec. 4303.232. (A) As used in this section: | 102 |
(1) "College or university" means a state institution of | 103 |
higher education as defined in section 3345.011 of the Revised | 104 |
Code, or a private institution of higher education, with an FTE | 105 |
(full-time equivalent) student enrollment of less than fifteen | 106 |
thousand. | 107 |
(2) "Professional athletic team" means a professional | 108 |
baseball, basketball, football, hockey, or soccer team that owns | 109 |
or leases a stadium or arena that has a seating capacity of at | 110 |
least four thousand. | 111 |
(B) A T-1 permit may be issued to any college or university | 112 |
or to any professional athletic team to authorize the college or | 113 |
university or professional athletic team to allow its guests to | 114 |
bring beer and intoxicating liquor in its original package, flask, | 115 |
or other container into an area on property that the college or | 116 |
university or professional athletic team owns or leases, for | 117 |
consumption in that area, if both of the following apply: | 118 |
(1) A fence or similar barrier encloses the area. | 119 |
(2) Security personnel are stationed at each exit from the | 120 |
area to prevent any person from leaving with an opened flask or | 121 |
other container of beer or intoxicating liquor. | 122 |
(C) The division of liquor control shall specify on each T-1 | 123 |
permit the effective period of the permit, which shall not exceed | 124 |
three days. The fee for the T-1 permit is fifty dollars. The | 125 |
division shall prepare and make available application forms for | 126 |
the T-1 permit and may require applicants to furnish the | 127 |
information that the division determines is necessary for the | 128 |
administration of this section. | 129 |
(D) No holder of a T-1 permit shall provide or sell beer or | 130 |
intoxicating liquor by the drink or in its original package, | 131 |
flask, or other container in connection with the use of an area | 132 |
under the T-1 permit. | 133 |
Section 2. That existing section 4301.62 of the Revised Code | 134 |
is hereby repealed. | 135 |