Sub. S. B. No. 102 As Passed by the Senate

As Passed by the Senate

127th General Assembly

Regular Session

2007-2008

Sub. S. B. No. 102

Senator Schuler

Cosponsors: Senators Spada, Niehaus, Miller, D., Kearney, Clancy, Mumper

A BILL

To amend section 4303.99 and to enact section 1
4303.208 of the Revised Code to authorize the F-8 2
liquor permit to be issued to certain nonprofit 3
organizations to allow the sale of beer and 4
intoxicating liquor at specific events that occur 5
on public space that the organization manages. 6

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

       Section 1. That section 4303.99 be amended and section 7
4303.208 of the Revised Code be enacted to read as follows: 8

       Sec. 4303.208. (A)(1) The division of liquor control may 9
issue an F-8 permit to a not-for-profit organization that manages, 10
for the benefit of the public and by contract with a political 11
subdivision of this state, publicly owned property to sell beer or 12
intoxicating liquor by the individual drink at specific events 13
conducted on the publicly owned property and appurtenant streets, 14
but only if, and then only at times at which, the sale of beer and 15
intoxicating liquor on the premises is otherwise permitted by law. 16
Additionally, an F-8 permit may be issued only if the publicly 17
owned property is located in a county that has a population of 18
between seven hundred fifty thousand and nine hundred thousand on 19
the effective date of this section. 20

       (2) The premises on which an F-8 permit will be used shall be 21
clearly defined and sufficiently restricted to allow proper 22
supervision of the permit's use by state and local law enforcement 23
officers. Sales under an F-8 permit shall be confined to the same 24
hours permitted to the holder of a D-3 permit. 25

        (3) The fee for an F-8 permit is one thousand seven hundred 26
dollars. An F-8 permit is effective for a period not to exceed 27
nine months as specified in the permit. An F-8 permit is not 28
transferable or renewable. However, the holder of an F-8 permit 29
may apply for a new F-8 permit at any time. An F-8 permit is not 30
effective until any F-8 permit currently held expires. The holder 31
of an F-8 permit shall make sales only at those specific events 32
about which the permit holder has notified in advance the division 33
of liquor control, the department of public safety, and the chief, 34
sheriff, or other principal peace officer of the local law 35
enforcement agencies having jurisdiction over the premises. 36

       (B)(1) An application for the issuance of an F-8 permit is 37
subject to the notice and hearing requirements established in 38
division (A) of section 4303.26 of the Revised Code. 39

        (2) The liquor control commission shall adopt under Chapter 40
119. of the Revised Code rules necessary to administer this 41
section. 42

       (C) No F-8 permit holder shall sell beer or intoxicating 43
liquor beyond the hours of sale allowed by the permit. This 44
division imposes strict liability on the holder of an F-8 permit 45
and on any officer, agent, or employee of that permit holder. 46

       Sec. 4303.99. (A) Whoever violates section 4303.28 of the 47
Revised Code shall be fined not less than one thousand nor more 48
than twenty-five hundred dollars or imprisoned not less than six 49
months nor more than one year. 50

       (B) Whoever violates section 4303.36 of the Revised Code 51
shall be fined not less than twenty-five nor more than one hundred 52
dollars. 53

       (C) Whoever violates section 4303.37 of the Revised Code 54
shall be fined not less than twenty-five nor more than fifty 55
dollars. 56

       (D) Whoever violates division (B) of section 4303.202 or 57
division (C) of section 4303.208 of the Revised Code is guilty of 58
a misdemeanor of the fourth degree. 59

       Section 2. That existing section 4303.99 of the Revised Code 60
is hereby repealed. 61

Section 1. That section 4303.99 be amended and section	7
4303.208 of the Revised Code be enacted to read as follows:	8

Sec. 4303.208. (A)(1) The division of liquor control may	9
issue an F-8 permit to a not-for-profit organization that manages,	10
for the benefit of the public and by contract with a political	11
subdivision of this state, publicly owned property to sell beer or	12
intoxicating liquor by the individual drink at specific events	13
conducted on the publicly owned property and appurtenant streets,	14
but only if, and then only at times at which, the sale of beer and	15
intoxicating liquor on the premises is otherwise permitted by law.	16
Additionally, an F-8 permit may be issued only if the publicly	17
owned property is located in a county that has a population of	18
between seven hundred fifty thousand and nine hundred thousand on	19
the effective date of this section.	20

(2) The premises on which an F-8 permit will be used shall be	21
clearly defined and sufficiently restricted to allow proper	22
supervision of the permit's use by state and local law enforcement	23
officers. Sales under an F-8 permit shall be confined to the same	24
hours permitted to the holder of a D-3 permit.	25

(3) The fee for an F-8 permit is one thousand seven hundred	26
dollars. An F-8 permit is effective for a period not to exceed	27
nine months as specified in the permit. An F-8 permit is not	28
transferable or renewable. However, the holder of an F-8 permit	29
may apply for a new F-8 permit at any time. An F-8 permit is not	30
effective until any F-8 permit currently held expires. The holder	31
of an F-8 permit shall make sales only at those specific events	32
about which the permit holder has notified in advance the division	33
of liquor control, the department of public safety, and the chief,	34
sheriff, or other principal peace officer of the local law	35
enforcement agencies having jurisdiction over the premises.	36

(B)(1) An application for the issuance of an F-8 permit is	37
subject to the notice and hearing requirements established in	38
division (A) of section 4303.26 of the Revised Code.	39

(2) The liquor control commission shall adopt under Chapter	40
119. of the Revised Code rules necessary to administer this	41
section.	42

(C) No F-8 permit holder shall sell beer or intoxicating	43
liquor beyond the hours of sale allowed by the permit. This	44
division imposes strict liability on the holder of an F-8 permit	45
and on any officer, agent, or employee of that permit holder.	46

Sec. 4303.99. (A) Whoever violates section 4303.28 of the	47
Revised Code shall be fined not less than one thousand nor more	48
than twenty-five hundred dollars or imprisoned not less than six	49
months nor more than one year.	50

(B) Whoever violates section 4303.36 of the Revised Code	51
shall be fined not less than twenty-five nor more than one hundred	52
dollars.	53

(C) Whoever violates section 4303.37 of the Revised Code	54
shall be fined not less than twenty-five nor more than fifty	55
dollars.	56

(D) Whoever violates division (B) of section 4303.202 or	57
division (C) of section 4303.208 of the Revised Code is guilty of	58
a misdemeanor of the fourth degree.	59

Section 2. That existing section 4303.99 of the Revised Code	60
is hereby repealed.	61