H. B. No. 18 As Reported by the House State Government and Elections Committee

As Reported by the House State Government and Elections Committee

127th General Assembly

Regular Session

2007-2008

H. B. No. 18

Representative Carano

Cosponsors: Representatives McGregor, J., Hagan, R., Seitz, Stewart, D., Dodd, Koziura, Bolon, Evans, Chandler, Domenick, Driehaus, Flowers, Sykes, Book, Brown

A BILL

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

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

       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

Section 1. That section 4301.62 be amended and section	8
4303.232 of the Revised Code be enacted to read as follows:	9

(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

(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

(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

(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

(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

(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

(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