As Reported by the House State Government and Elections Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 102

Senator Schuler 

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

Representatives Seitz, Schneider, Carmichael, Stewart, D., Driehaus 

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A BILL

To amend sections 4301.17, 4301.355, 4301.62,

1

4303.181, 4303.182, 4303.30, 4303.99, and 4399.12

2

and to enact section 4303.208 of the Revised Code

3

to authorize the F-8 liquor permit to be issued to

4

certain nonprofit organizations to allow the sale

5

of beer and intoxicating liquor at specific events

6

that occur on public space that the organization

7

manages, to change the population quota for state

8

agency stores, to create the D-5l permit, and to

9

declare an emergency.

10

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

Section 1. That sections 4301.17, 4301.355, 4301.62,	11
4303.181, 4303.182, 4303.30, 4303.99, and 4399.12 be amended and	12
section 4303.208 of the Revised Code be enacted to read as	13
follows:	14

Sec. 4301.17.  (A)(1) Subject to local option as provided in	15
sections 4301.32 to 4301.40 of the Revised Code, five state liquor	16
stores or agencies may be established in each county. One	17
additional store may be established in any county for each	18
twenty-fivetwenty thousand of population of that county or major	19
fraction thereof in excess of the first forty thousand, according	20
to the last preceding federal decennial census or according to the	21
population estimates certified by the department of development	22
between decennial censuses. A person engaged in a mercantile	23
business may act as the agent for the division of liquor control	24
for the sale of spirituous liquor in a municipal corporation, in	25
the unincorporated area of a township, or in an area designated	26
and approved as a resort area under section 4303.262 of the	27
Revised Code. The division shall fix the compensation for such an	28
agent in the manner it considers best, but the compensation shall	29
not exceed seven per cent of the gross sales made by the agent in	30
any one year.	31

(2) The division shall adopt rules in accordance with Chapter	32
119. of the Revised Code governing the allocation and equitable	33
distribution of agency store contracts. The division shall comply	34
with the rules when awarding a contract under division (A)(1) of	35
this section.	36

(3) Except as otherwise provided in this section, no	37
mercantile business that sells beer or intoxicating liquor for	38
consumption on the premises under a permit issued by the division	39
shall operate an agency store at the premises. An agency to which	40
a D-1 permit has been issued may offer for sale tasting samples of	41
beer, an agency to which a D-2 permit has been issued may offer	42
for sale tasting samples of wine and mixed beverages, and an	43
agency to which a D-5 permit has been issued may offer for sale	44
tasting samples of beer, wine, and mixed beverages, but not	45
spirituous liquor. A tasting sample shall not be sold for the	46
purpose of general consumption. As used in this section, "tasting	47
sample" means a small amount of beer, wine, or mixed beverages	48
that is provided in not more than four servings of not more than	49
two ounces each to an authorized purchaser and that allows the	50
purchaser to determine, by tasting only, the quality and character	51
of the beverage.	52

(B) When an agency contract is proposed, when an existing	53
agency contract is assigned, when an existing agency proposes to	54
relocate, or when an existing agency is relocated and assigned,	55
before entering into any contract, consenting to any assignment,	56
or consenting to any relocation, the division shall notify the	57
legislative authority of the municipal corporation in which the	58
agency store is to be located, or the board of county	59
commissioners and the board of township trustees of the county and	60
the township in which the agency store is to be located if the	61
agency store is to be located outside the corporate limits of a	62
municipal corporation, of the proposed contract, assignment, or	63
relocation, and an opportunity shall be provided officials or	64
employees of the municipal corporation or county and township for	65
a complete hearing upon the advisability of entering into the	66
contract or consenting to the assignment or relocation. When the	67
division sends notice to the legislative authority of the	68
political subdivision, the division shall notify, by certified	69
mail or by personal service, the chief peace officer of the	70
political subdivision, who may appear and testify, either in	71
person or through a representative, at any hearing held on the	72
advisability of entering into the contract or consenting to the	73
assignment or relocation.	74

If the proposed agency store, the assignment of an agency	75
contract, or the relocation of an agency store would be located	76
within five hundred feet of a school, church, library, public	77
playground, or township park, the division shall not enter into an	78
agency contract until it has provided notice of the proposed	79
contract to the authorities in control of the school, church,	80
library, public playground, or township park and has provided	81
those authorities with an opportunity for a complete hearing upon	82
the advisability of entering into the contract. If an agency store	83
so located is operating under an agency contract, the division may	84
consent to relocation of the agency store or to the assignment of	85
that contract to operate an agency store at the same location. The	86
division may also consent to the assignment of an existing agency	87
contract simultaneously with the relocation of the agency store.	88
In any such assignment or relocation, the assignee and the	89
location shall be subject to the same requirements that the	90
existing location met at the time that the contract was first	91
entered into as well as any additional requirements imposed by the	92
division in rules adopted by the superintendent of liquor control.	93
The division shall not consent to an assignment or relocation of	94
an agency store until it has notified the authorities in control	95
of the school, church, library, public playground, or township	96
park and has provided those authorities with an opportunity for a	97
complete hearing upon the advisability of consenting to the	98
assignment or relocation.	99

Any hearing provided for in this division shall be held in	100
the central office of the division, except that upon written	101
request of the legislative authority of the municipal corporation,	102
the board of county commissioners, the board of township trustees,	103
or the authorities in control of the school, church, library,	104
public playground, or township park, the hearing shall be held in	105
the county seat of the county where the proposed agency store is	106
to be located.	107

(C) All agency contracts entered into by the division	108
pursuant to this section shall be in writing and shall contain a	109
clause providing for the termination of the contract at will by	110
the division upon its giving ninety days' notice in writing to the	111
agent of its intention to do so. Any agency contract may include a	112
clause requiring the agent to report to the appropriate law	113
enforcement agency the name and address of any individual under	114
twenty-one years of age who attempts to make an illegal purchase.	115

An agent may engage in the selling of beer, mixed beverages,	116
and wine pursuant to permits issued to the agent under Chapter	117
4303. of the Revised Code.	118

The division shall issue a C-1 and C-2 permit to each agent	119
who prior to November 1, 1994, had not been issued both of these	120
permits, notwithstanding the population quota restrictions	121
contained in section 4303.29 of the Revised Code or in any rule of	122
the liquor control commission and notwithstanding the requirements	123
of section 4303.31 of the Revised Code. The location of a C-1 or	124
C-2 permit issued to such an agent shall not be transferred. The	125
division shall revoke any C-1 or C-2 permit issued to an agent	126
under this paragraph if the agent no longer operates an agency	127
store.	128

The division may enter into agreements with the department of	129
development to implement a minority loan program to provide	130
low-interest loans to minority business enterprises, as defined in	131
section 122.71 of the Revised Code, that are awarded liquor agency	132
contracts or assignments.	133

(D) If the division closes a state liquor store and replaces	134
that store with an agency store, any employees of the division	135
employed at that state liquor store who lose their jobs at that	136
store as a result shall be given preference by the agent who	137
operates the agency store in filling any vacancies that occur	138
among the agent's employees, if that preference does not conflict	139
with the agent's obligations pursuant to a collective bargaining	140
agreement.	141

If the division closes a state liquor store and replaces the	142
store with an agency store, any employees of the division employed	143
at the state liquor store who lose their jobs at that store as a	144
result may displace other employees as provided in sections	145
124.321 to 124.328 of the Revised Code. If an employee cannot	146
displace other employees and is laid off, the employee shall be	147
reinstated in another job as provided in sections 124.321 to	148
124.328 of the Revised Code, except that the employee's rights of	149
reinstatement in a job at a state liquor store shall continue for	150
a period of two years after the date of the employee's layoff and	151
shall apply to jobs at state liquor stores located in the	152
employee's layoff jurisdiction and any layoff jurisdiction	153
adjacent to the employee's layoff jurisdiction.	154

(E) The division shall require every agent to give bond with	155
surety to the satisfaction of the division, in the amount the	156
division fixes, conditioned for the faithful performance of the	157
agent's duties as prescribed by the division.	158

Sec. 4301.355.  (A) If a petition is filed under section	159
4301.333 of the Revised Code for the submission of the question or	160
questions set forth in this section, it shall be held in the	161
precinct as ordered by the board of elections under that section.	162
The expense of holding the election shall be charged to the	163
municipal corporation or township of which the precinct is a part.	164

(B) At the election, one or more of the following questions,	165
as designated in a valid petition, shall be submitted to the	166
electors of the precinct:	167

(1) "Shall the sale of .......... (insert beer, wine and	168
mixed beverages, or spirituous liquor) be permitted by ..........	169
(insert name of applicant, liquor permit holder, or liquor agency	170
store, including trade or fictitious name under which applicant	171
for, or holder of, liquor permit or liquor agency store either	172
intends to do, or does, business at the particular location), an	173
.......... (insert "applicant for" or "holder of" or "operator	174
of") a .......... (insert class name of liquor permit or permits	175
followed by the words "liquor permit(s)" or, if appropriate, the	176
words "liquor agency store for the State of Ohio"), who is engaged	177
in the business of .......... (insert general nature of the	178
business in which applicant or liquor permit holder is engaged or	179
will be engaged in at the particular location, as described in the	180
petition) at .......... (insert address of the particular location	181
within the precinct as set forth in the petition) in this	182
precinct?"	183

(2) "Shall the sale of .......... (insert beer, wine and	184
mixed beverages, or spirituous liquor) be permitted for sale on	185
Sunday between the hours of .......... (insert "ten a.m. and	186
midnight" or "one p.m. and midnight") by .......... (insert name	187
of applicant, liquor permit holder, or liquor agency store,	188
including trade or fictitious name under which applicant for, or	189
holder of, liquor permit or liquor agency store either intends to	190
do, or does, business at the particular location), an ......	191
(insert "applicant for a D-6 liquor permit," "holder of a D-6	192
liquor permit," "applicant for or holder of an A-1-A, A-2, C-1,	193
C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	194
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or D-7 liquor permit," if only	195
the approval of beer sales is sought, or "liquor agency store")	196
who is engaged in the business of .......... (insert general	197
nature of the business in which applicant or liquor permit holder	198
is engaged or will be engaged in at the particular location, as	199
described in the petition) at .......... (insert address of the	200
particular location within the precinct) in this precinct?"	201

(C) The board of elections shall furnish printed ballots at	202
the election as provided under section 3505.06 of the Revised	203
Code, except that a separate ballot shall be used for the election	204
under this section. The question set forth in this section shall	205
be printed on each ballot, and the board shall insert in the	206
question appropriate words to complete it. Votes shall be cast as	207
provided under section 3505.06 of the Revised Code.	208

Sec. 4301.62.  (A) As used in this section:

209

(1) "Chauffeured limousine" means a vehicle registered under	210
section 4503.24 of the Revised Code.	211

(2) "Street," "highway," and "motor vehicle" have the same	212
meanings as in section 4511.01 of the Revised Code.	213

(B) No person shall have in the person's possession an opened	214
container of beer or intoxicating liquor in any of the following	215
circumstances:	216

(1) In a state liquor store;

217

(2) Except as provided in division (C) of this section, on	218
the premises of the holder of any permit issued by the division of	219
liquor control;	220

(3) In any other public place;

221

(4) Except as provided in division (D) or (E) of this	222
section, while operating or being a passenger in or on a motor	223
vehicle on any street, highway, or other public or private	224
property open to the public for purposes of vehicular travel or	225
parking;	226

(5) Except as provided in division (D) or (E) of this	227
section, while being in or on a stationary motor vehicle on any	228
street, highway, or other public or private property open to the	229
public for purposes of vehicular travel or parking.	230

(C)(1) A person may have in the person's possession an opened	231
container of any of the following:	232

(a) Beer or intoxicating liquor that has been lawfully	233
purchased for consumption on the premises where bought from the	234
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5,	235
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	236
D-5l, D-7, D-8, E, F, F-2, or F-5 permit;	237

(b) Beer, wine, or mixed beverages served for consumption on	238
the premises by the holder of an F-3 permit or wine served for	239
consumption on the premises by the holder of an F-4 or F-6 permit;	240

(c) Beer or intoxicating liquor consumed on the premises of a	241
convention facility as provided in section 4303.201 of the Revised	242
Code;	243

(d) Beer or intoxicating liquor to be consumed during	244
tastings and samplings approved by rule of the liquor control	245
commission.	246

(2) A person may have in the person's possession on an F	247
liquor permit premises an opened container of beer or intoxicating	248
liquor that was not purchased from the holder of the F permit if	249
the premises for which the F permit is issued is a music festival	250
and the holder of the F permit grants permission for that	251
possession on the premises during the period for which the F	252
permit is issued. As used in this division, "music festival" means	253
a series of outdoor live musical performances, extending for a	254
period of at least three consecutive days and located on an area	255
of land of at least forty acres.	256

(3)(a) A person may have in the person's possession on a D-2	257
liquor permit premises an opened or unopened container of wine	258
that was not purchased from the holder of the D-2 permit if the	259
premises for which the D-2 permit is issued is an outdoor	260
performing arts center, the person is attending an orchestral	261
performance, and the holder of the D-2 permit grants permission	262
for the possession and consumption of wine in certain	263
predesignated areas of the premises during the period for which	264
the D-2 permit is issued.	265

(b) As used in division (C)(3)(a) of this section:

266

(i) "Orchestral performance" means a concert comprised of a	267
group of not fewer than forty musicians playing various musical	268
instruments.	269

(ii) "Outdoor performing arts center" means an outdoor	270
performing arts center that is located on not less than eight	271
hundred acres of land and that is open for performances from the	272
first day of April to the last day of October of each year.	273

(D) This section does not apply to a person who pays all or a	274
portion of the fee imposed for the use of a chauffeured limousine	275
pursuant to a prearranged contract, or the guest of the person,	276
when all of the following apply:	277

(1) The person or guest is a passenger in the limousine.

278

(2) The person or guest is located in the limousine, but is	279
not occupying a seat in the front compartment of the limousine	280
where the operator of the limousine is located.	281

(3) The limousine is located on any street, highway, or other	282
public or private property open to the public for purposes of	283
vehicular travel or parking.	284

(E) An opened bottle of wine that was purchased from the	285
holder of a permit that authorizes the sale of wine for	286
consumption on the premises where sold is not an opened container	287
for the purposes of this section if both of the following apply:	288

(1) The opened bottle of wine is securely resealed by the	289
permit holder or an employee of the permit holder before the	290
bottle is removed from the premises. The bottle shall be secured	291
in such a manner that it is visibly apparent if the bottle has	292
been subsequently opened or tampered with.	293

(2) The opened bottle of wine that is resealed in accordance	294
with division (E)(1) of this section is stored in the trunk of a	295
motor vehicle or, if the motor vehicle does not have a trunk,	296
behind the last upright seat or in an area not normally occupied	297
by the driver or passengers and not easily accessible by the	298
driver.	299

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	300
owner or operator of a hotel or motel that is required to be	301
licensed under section 3731.03 of the Revised Code, that contains	302
at least fifty rooms for registered transient guests or is owned	303
by a state institution of higher education as defined in section	304
3345.011 of the Revised Code or a private college or university,	305
and that qualifies under the other requirements of this section,	306
or to the owner or operator of a restaurant specified under this	307
section, to sell beer and any intoxicating liquor at retail, only	308
by the individual drink in glass and from the container, for	309
consumption on the premises where sold, and to registered guests	310
in their rooms, which may be sold by means of a controlled access	311
alcohol and beverage cabinet in accordance with division (B) of	312
section 4301.21 of the Revised Code; and to sell the same products	313
in the same manner and amounts not for consumption on the premises	314
as may be sold by holders of D-1 and D-2 permits. The premises of	315
the hotel or motel shall include a retail food establishment or a	316
food service operation licensed pursuant to Chapter 3717. of the	317
Revised Code that operates as a restaurant for purposes of this	318
chapter and that is affiliated with the hotel or motel and within	319
or contiguous to the hotel or motel, and that serves food within	320
the hotel or motel, but the principal business of the owner or	321
operator of the hotel or motel shall be the accommodation of	322
transient guests. In addition to the privileges authorized in this	323
division, the holder of a D-5a permit may exercise the same	324
privileges as the holder of a D-5 permit.	325

The owner or operator of a hotel, motel, or restaurant who	326
qualified for and held a D-5a permit on August 4, 1976, may, if	327
the owner or operator held another permit before holding a D-5a	328
permit, either retain a D-5a permit or apply for the permit	329
formerly held, and the division of liquor control shall issue the	330
permit for which the owner or operator applies and formerly held,	331
notwithstanding any quota.	332

A D-5a permit shall not be transferred to another location.	333
No quota restriction shall be placed on the number of D-5a permits	334
that may be issued.	335

The fee for this permit is two thousand three hundred	336
forty-four dollars.	337

(B) Permit D-5b may be issued to the owner, operator, tenant,	338
lessee, or occupant of an enclosed shopping center to sell beer	339
and intoxicating liquor at retail, only by the individual drink in	340
glass and from the container, for consumption on the premises	341
where sold; and to sell the same products in the same manner and	342
amount not for consumption on the premises as may be sold by	343
holders of D-1 and D-2 permits. In addition to the privileges	344
authorized in this division, the holder of a D-5b permit may	345
exercise the same privileges as a holder of a D-5 permit.	346

A D-5b permit shall not be transferred to another location.

347

One D-5b permit may be issued at an enclosed shopping center	348
containing at least two hundred twenty-five thousand, but less	349
than four hundred thousand, square feet of floor area.	350

Two D-5b permits may be issued at an enclosed shopping center	351
containing at least four hundred thousand square feet of floor	352
area. No more than one D-5b permit may be issued at an enclosed	353
shopping center for each additional two hundred thousand square	354
feet of floor area or fraction of that floor area, up to a maximum	355
of five D-5b permits for each enclosed shopping center. The number	356
of D-5b permits that may be issued at an enclosed shopping center	357
shall be determined by subtracting the number of D-3 and D-5	358
permits issued in the enclosed shopping center from the number of	359
D-5b permits that otherwise may be issued at the enclosed shopping	360
center under the formulas provided in this division. Except as	361
provided in this section, no quota shall be placed on the number	362
of D-5b permits that may be issued. Notwithstanding any quota	363
provided in this section, the holder of any D-5b permit first	364
issued in accordance with this section is entitled to its renewal	365
in accordance with section 4303.271 of the Revised Code.	366

The holder of a D-5b permit issued before April 4, 1984,	367
whose tenancy is terminated for a cause other than nonpayment of	368
rent, may return the D-5b permit to the division of liquor	369
control, and the division shall cancel that permit. Upon	370
cancellation of that permit and upon the permit holder's payment	371
of taxes, contributions, premiums, assessments, and other debts	372
owing or accrued upon the date of cancellation to this state and	373
its political subdivisions and a filing with the division of a	374
certification of that payment, the division shall issue to that	375
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	376
that person requests. The division shall issue the D-5 permit, or	377
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	378
D-3, or D-5 permits currently issued in the municipal corporation	379
or in the unincorporated area of the township where that person's	380
proposed premises is located equals or exceeds the maximum number	381
of such permits that can be issued in that municipal corporation	382
or in the unincorporated area of that township under the	383
population quota restrictions contained in section 4303.29 of the	384
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	385
be transferred to another location. If a D-5b permit is canceled	386
under the provisions of this paragraph, the number of D-5b permits	387
that may be issued at the enclosed shopping center for which the	388
D-5b permit was issued, under the formula provided in this	389
division, shall be reduced by one if the enclosed shopping center	390
was entitled to more than one D-5b permit under the formula.	391

The fee for this permit is two thousand three hundred	392
forty-four dollars.	393

(C) Permit D-5c may be issued to the owner or operator of a	394
retail food establishment or a food service operation licensed	395
pursuant to Chapter 3717. of the Revised Code that operates as a	396
restaurant for purposes of this chapter and that qualifies under	397
the other requirements of this section to sell beer and any	398
intoxicating liquor at retail, only by the individual drink in	399
glass and from the container, for consumption on the premises	400
where sold, and to sell the same products in the same manner and	401
amounts not for consumption on the premises as may be sold by	402
holders of D-1 and D-2 permits. In addition to the privileges	403
authorized in this division, the holder of a D-5c permit may	404
exercise the same privileges as the holder of a D-5 permit.	405

To qualify for a D-5c permit, the owner or operator of a	406
retail food establishment or a food service operation licensed	407
pursuant to Chapter 3717. of the Revised Code that operates as a	408
restaurant for purposes of this chapter, shall have operated the	409
restaurant at the proposed premises for not less than twenty-four	410
consecutive months immediately preceding the filing of the	411
application for the permit, have applied for a D-5 permit no later	412
than December 31, 1988, and appear on the division's quota waiting	413
list for not less than six months immediately preceding the filing	414
of the application for the permit. In addition to these	415
requirements, the proposed D-5c permit premises shall be located	416
within a municipal corporation and further within an election	417
precinct that, at the time of the application, has no more than	418
twenty-five per cent of its total land area zoned for residential	419
use.	420

A D-5c permit shall not be transferred to another location.	421
No quota restriction shall be placed on the number of such permits	422
that may be issued.	423

Any person who has held a D-5c permit for at least two years	424
may apply for a D-5 permit, and the division of liquor control	425
shall issue the D-5 permit notwithstanding the quota restrictions	426
contained in section 4303.29 of the Revised Code or in any rule of	427
the liquor control commission.	428

The fee for this permit is one thousand five hundred	429
sixty-three dollars.	430

(D) Permit D-5d may be issued to the owner or operator of a	431
retail food establishment or a food service operation licensed	432
pursuant to Chapter 3717. of the Revised Code that operates as a	433
restaurant for purposes of this chapter and that is located at an	434
airport operated by a board of county commissioners pursuant to	435
section 307.20 of the Revised Code, at an airport operated by a	436
port authority pursuant to Chapter 4582. of the Revised Code, or	437
at an airport operated by a regional airport authority pursuant to	438
Chapter 308. of the Revised Code. The holder of a D-5d permit may	439
sell beer and any intoxicating liquor at retail, only by the	440
individual drink in glass and from the container, for consumption	441
on the premises where sold, and may sell the same products in the	442
same manner and amounts not for consumption on the premises where	443
sold as may be sold by the holders of D-1 and D-2 permits. In	444
addition to the privileges authorized in this division, the holder	445
of a D-5d permit may exercise the same privileges as the holder of	446
a D-5 permit.	447

A D-5d permit shall not be transferred to another location.	448
No quota restrictions shall be placed on the number of such	449
permits that may be issued.	450

The fee for this permit is two thousand three hundred	451
forty-four dollars.	452

(E) Permit D-5e may be issued to any nonprofit organization	453
that is exempt from federal income taxation under the "Internal	454
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	455
amended, or that is a charitable organization under any chapter of	456
the Revised Code, and that owns or operates a riverboat that meets	457
all of the following:	458

(1) Is permanently docked at one location;

459

(2) Is designated as an historical riverboat by the Ohio	460
historical society;	461

(3) Contains not less than fifteen hundred square feet of	462
floor area;	463

(4) Has a seating capacity of fifty or more persons.

464

The holder of a D-5e permit may sell beer and intoxicating	465
liquor at retail, only by the individual drink in glass and from	466
the container, for consumption on the premises where sold.	467

A D-5e permit shall not be transferred to another location.	468
No quota restriction shall be placed on the number of such permits	469
that may be issued. The population quota restrictions contained	470
in section 4303.29 of the Revised Code or in any rule of the	471
liquor control commission shall not apply to this division, and	472
the division shall issue a D-5e permit to any applicant who meets	473
the requirements of this division. However, the division shall not	474
issue a D-5e permit if the permit premises or proposed permit	475
premises are located within an area in which the sale of	476
spirituous liquor by the glass is prohibited.	477

The fee for this permit is one thousand two hundred nineteen	478
dollars.	479

(F) Permit D-5f may be issued to the owner or operator of a	480
retail food establishment or a food service operation licensed	481
under Chapter 3717. of the Revised Code that operates as a	482
restaurant for purposes of this chapter and that meets all of the	483
following:	484

(1) It contains not less than twenty-five hundred square feet	485
of floor area.	486

(2) It is located on or in, or immediately adjacent to, the	487
shoreline of, a navigable river.	488

(3) It provides docking space for twenty-five boats.

489

(4) It provides entertainment and recreation, provided that	490
not less than fifty per cent of the business on the permit	491
premises shall be preparing and serving meals for a consideration.	492

In addition, each application for a D-5f permit shall be	493
accompanied by a certification from the local legislative	494
authority that the issuance of the D-5f permit is not inconsistent	495
with that political subdivision's comprehensive development plan	496
or other economic development goal as officially established by	497
the local legislative authority.	498

The holder of a D-5f permit may sell beer and intoxicating	499
liquor at retail, only by the individual drink in glass and from	500
the container, for consumption on the premises where sold.	501

A D-5f permit shall not be transferred to another location.

502

The division of liquor control shall not issue a D-5f permit	503
if the permit premises or proposed permit premises are located	504
within an area in which the sale of spirituous liquor by the glass	505
is prohibited.	506

A fee for this permit is two thousand three hundred	507
forty-four dollars.	508

As used in this division, "navigable river" means a river	509
that is also a "navigable water" as defined in the "Federal Power	510
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	511

(G) Permit D-5g may be issued to a nonprofit corporation that	512
is either the owner or the operator of a national professional	513
sports museum. The holder of a D-5g permit may sell beer and any	514
intoxicating liquor at retail, only by the individual drink in	515
glass and from the container, for consumption on the premises	516
where sold. The holder of a D-5g permit shall sell no beer or	517
intoxicating liquor for consumption on the premises where sold	518
after one a.m. A D-5g permit shall not be transferred to another	519
location. No quota restrictions shall be placed on the number of	520
D-5g permits that may be issued. The fee for this permit is one	521
thousand eight hundred seventy-five dollars.	522

(H)(1) Permit D-5h may be issued to any nonprofit	523
organization that is exempt from federal income taxation under the	524
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	525
501(c)(3), as amended, that owns or operates any of the following:	526

(a) A fine arts museum, provided that the nonprofit	527
organization has no less than one thousand five hundred bona fide	528
members possessing full membership privileges;	529

(b) A community arts center. As used in division (H)(1)(b) of	530
this section, "community arts center" means a facility that	531
provides arts programming to the community in more than one arts	532
discipline, including, but not limited to, exhibits of works of	533
art and performances by both professional and amateur artists.	534

(c) A community theater, provided that the nonprofit	535
organization is a member of the Ohio arts council and the American	536
community theatre association and has been in existence for not	537
less than ten years. As used in division (H)(1)(c) of this	538
section, "community theater" means a facility that contains at	539
least one hundred fifty seats and has a primary function of	540
presenting live theatrical performances and providing recreational	541
opportunities to the community.	542

(2) The holder of a D-5h permit may sell beer and any	543
intoxicating liquor at retail, only by the individual drink in	544
glass and from the container, for consumption on the premises	545
where sold. The holder of a D-5h permit shall sell no beer or	546
intoxicating liquor for consumption on the premises where sold	547
after one a.m. A D-5h permit shall not be transferred to another	548
location. No quota restrictions shall be placed on the number of	549
D-5h permits that may be issued.	550

(3) The fee for a D-5h permit is one thousand eight hundred	551
seventy-five dollars.	552

(I) Permit D-5i may be issued to the owner or operator of a	553
retail food establishment or a food service operation licensed	554
under Chapter 3717. of the Revised Code that operates as a	555
restaurant for purposes of this chapter and that meets all of the	556
following requirements:	557

(1) It is located in a municipal corporation or a township	558
with a population of one hundred thousand or less.	559

(2) It has inside seating capacity for at least one hundred	560
forty persons.	561

(3) It has at least four thousand square feet of floor area.

562

(4) It offers full-course meals, appetizers, and sandwiches.

563

(5) Its receipts from beer and liquor sales, excluding wine	564
sales, do not exceed twenty-five per cent of its total gross	565
receipts.	566

(6) It has at least one of the following characteristics:

567

(a) The value of its real and personal property exceeds seven	568
hundred twenty-five thousand dollars.	569

(b) It is located on property that is owned or leased by the	570
state or a state agency, and its owner or operator has	571
authorization from the state or the state agency that owns or	572
leases the property to obtain a D-5i permit.	573

The holder of a D-5i permit shall cause an independent audit	574
to be performed at the end of one full year of operation following	575
issuance of the permit in order to verify the requirements of	576
division (I)(5) of this section. The results of the independent	577
audit shall be transmitted to the division. Upon determining that	578
the receipts of the holder from beer and liquor sales, excluding	579
wine sales, exceeded twenty-five per cent of its total gross	580
receipts, the division shall suspend the permit of the permit	581
holder under section 4301.25 of the Revised Code and may allow the	582
permit holder to elect a forfeiture under section 4301.252 of the	583
Revised Code.	584

The holder of a D-5i permit may sell beer and any	585
intoxicating liquor at retail, only by the individual drink in	586
glass and from the container, for consumption on the premises	587
where sold, and may sell the same products in the same manner and	588
amounts not for consumption on the premises where sold as may be	589
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	590
permit shall sell no beer or intoxicating liquor for consumption	591
on the premises where sold after two-thirty a.m. In addition to	592
the privileges authorized in this division, the holder of a D-5i	593
permit may exercise the same privileges as the holder of a D-5	594
permit.	595

A D-5i permit shall not be transferred to another location.	596
The division of liquor control shall not renew a D-5i permit	597
unless the retail food establishment or food service operation for	598
which it is issued continues to meet the requirements described in	599
divisions (I)(1) to (6) of this section. No quota restrictions	600
shall be placed on the number of D-5i permits that may be issued.	601
The fee for the D-5i permit is two thousand three hundred	602
forty-four dollars.	603

(J)(1) Permit D-5j may be issued to the owner or the operator	604
of a retail food establishment or a food service operation	605
licensed under Chapter 3717. of the Revised Code to sell beer and	606
intoxicating liquor at retail, only by the individual drink in	607
glass and from the container, for consumption on the premises	608
where sold and to sell beer and intoxicating liquor in the same	609
manner and amounts not for consumption on the premises where sold	610
as may be sold by the holders of D-1 and D-2 permits. The holder	611
of a D-5j permit may exercise the same privileges, and shall	612
observe the same hours of operation, as the holder of a D-5	613
permit.	614

(2) The D-5j permit shall be issued only within a community	615
entertainment district that is designated under section 4301.80 of	616
the Revised Code and that meets one of the following	617
qualifications:	618

(a) It is located in a municipal corporation with a	619
population of at least one hundred thousand.	620

(b) It is located in a municipal corporation with a	621
population of at least twenty thousand, and either of the	622
following applies:	623

(i) It contains an amusement park the rides of which have	624
been issued a permit by the department of agriculture under	625
Chapter 1711. of the Revised Code.	626

(ii) Not less than fifty million dollars will be invested in	627
development and construction in the community entertainment	628
district's area located in the municipal corporation.	629

(c) It is located in a township with a population of at least	630
forty thousand.	631

(d) It is located in a municipal corporation with a	632
population of at least ten thousand, and not less than seventy	633
million dollars will be invested in development and construction	634
in the community entertainment district's area located in the	635
municipal corporation.	636

(3) The location of a D-5j permit may be transferred only	637
within the geographic boundaries of the community entertainment	638
district in which it was issued and shall not be transferred	639
outside the geographic boundaries of that district.	640

(4) Not more than one D-5j permit shall be issued within each	641
community entertainment district for each five acres of land	642
located within the district. Not more than fifteen D-5j permits	643
may be issued within a single community entertainment district.	644
Except as otherwise provided in division (J)(4) of this section,	645
no quota restrictions shall be placed upon the number of D-5j	646
permits that may be issued.	647

(5) The fee for a D-5j permit is two thousand three hundred	648
forty-four dollars.	649

(K)(1) Permit D-5k may be issued to any nonprofit	650
organization that is exempt from federal income taxation under the	651
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	652
501(c)(3), as amended, that is the owner or operator of a	653
botanical garden recognized by the American association of	654
botanical gardens and arboreta, and that has not less than	655
twenty-five hundred bona fide members.	656

(2) The holder of a D-5k permit may sell beer and any	657
intoxicating liquor at retail, only by the individual drink in	658
glass and from the container, on the premises where sold.	659

(3) The holder of a D-5k permit shall sell no beer or	660
intoxicating liquor for consumption on the premises where sold	661
after one a.m.	662

(4) A D-5k permit shall not be transferred to another	663
location.	664

(5) No quota restrictions shall be placed on the number of	665
D-5k permits that may be issued.	666

(6) The fee for the D-5k permit is one thousand eight hundred	667
seventy-five dollars.	668

(L)(1) Permit D-5l may be issued to the owner or operator of	669
a retail food establishment or a food service operation licensed	670
under Chapter 3717. of the Revised Code to sell beer and	671
intoxicating liquor at retail, only by the individual drink in	672
glass and from the container, for consumption on the premises	673
where sold in the same manner and same amounts as may be sold by	674
the holders of D-1 and D-2 permits. The holder of a D-5l permit	675
may exercise the same privileges, and shall observe the same hours	676
of operation, as the holder of a D-5 permit.	677

(2) The D-5l permit shall be issued only in a municipal	678
corporation with a population of less than one hundred thousand	679
and only within the geographic boundaries of a designated heritage	680
Ohio main street community area and its location may be	681
transferred only within the geographic boundaries of the	682
designated heritage Ohio main street community area in which it	683
was issued. Not more than one D-5l permit shall be issued for each	684
ten thousand population of the municipal corporation in which it	685
was issued. Except as otherwise provided in division (L)(2) of	686
this section, no quota restriction shall be placed upon the number	687
of D-5l permits that may be issued.	688

(3) No individual D-5l permit shall be issued and renewed for	689
a period longer than seven years.	690

(4) The fee for a D-5l permit is two thousand three hundred	691
forty-four dollars.	692

(5) No D-5l permit shall be issued after the end of a period	693
of twenty-five years that begins on the effective date of Senate	694
Bill No. 102 of the 127th General Assembly.	695

Sec. 4303.182.  (A) Except as otherwise provided in divisions	696
(B) to (J) of this section, permit D-6 shall be issued to the	697
holder of an A-1-A, A-2, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5,	698
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	699
D-5l, or D-7 permit to allow sale under that permit between the	700
hours of ten a.m. and midnight, or between the hours of one p.m.	701
and midnight, on Sunday, as applicable, if that sale has been	702
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	703
of the Revised Code and under the restrictions of that	704
authorization.	705

(B) Permit D-6 shall be issued to the holder of any permit,	706
including a D-4a and D-5d permit, authorizing the sale of	707
intoxicating liquor issued for a premises located at any publicly	708
owned airport, as defined in section 4563.01 of the Revised Code,	709
at which commercial airline companies operate regularly scheduled	710
flights on which space is available to the public, to allow sale	711
under such permit between the hours of ten a.m. and midnight on	712
Sunday, whether or not that sale has been authorized under section	713
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	714

(C) Permit D-6 shall be issued to the holder of a D-5a	715
permit, and to the holder of a D-3 or D-3a permit who is the owner	716
or operator of a hotel or motel that is required to be licensed	717
under section 3731.03 of the Revised Code, that contains at least	718
fifty rooms for registered transient guests, and that has on its	719
premises a retail food establishment or a food service operation	720
licensed pursuant to Chapter 3717. of the Revised Code that	721
operates as a restaurant for purposes of this chapter and is	722
affiliated with the hotel or motel and within or contiguous to the	723
hotel or motel and serving food within the hotel or motel, to	724
allow sale under such permit between the hours of ten a.m. and	725
midnight on Sunday, whether or not that sale has been authorized	726
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	727
Revised Code.	728

(D) The holder of a D-6 permit that is issued to a sports	729
facility may make sales under the permit between the hours of	730
eleven a.m. and midnight on any Sunday on which a professional	731
baseball, basketball, football, hockey, or soccer game is being	732
played at the sports facility. As used in this division, "sports	733
facility" means a stadium or arena that has a seating capacity of	734
at least four thousand and that is owned or leased by a	735
professional baseball, basketball, football, hockey, or soccer	736
franchise or any combination of those franchises.	737

(E) Permit D-6 shall be issued to the holder of any permit	738
that authorizes the sale of beer or intoxicating liquor and that	739
is issued to a premises located in or at the Ohio historical	740
society area or the state fairgrounds, as defined in division (B)	741
of section 4301.40 of the Revised Code, to allow sale under that	742
permit between the hours of ten a.m. and midnight on Sunday,	743
whether or not that sale has been authorized under section	744
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	745

(F) Permit D-6 shall be issued to the holder of any permit	746
that authorizes the sale of intoxicating liquor and that is issued	747
to an outdoor performing arts center to allow sale under that	748
permit between the hours of one p.m. and midnight on Sunday,	749
whether or not that sale has been authorized under section	750
4301.361 of the Revised Code. A D-6 permit issued under this	751
division is subject to the results of an election, held after the	752
D-6 permit is issued, on question (B)(4) as set forth in section	753
4301.351 of the Revised Code. Following the end of the period	754
during which an election may be held on question (B)(4) as set	755
forth in that section, sales of intoxicating liquor may continue	756
at an outdoor performing arts center under a D-6 permit issued	757
under this division, unless an election on that question is held	758
during the permitted period and a majority of the voters voting in	759
the precinct on that question vote "no."	760

As used in this division, "outdoor performing arts center"	761
means an outdoor performing arts center that is located on not	762
less than eight hundred acres of land and that is open for	763
performances from the first day of April to the last day of	764
October of each year.	765

(G) Permit D-6 shall be issued to the holder of any permit	766
that authorizes the sale of beer or intoxicating liquor and that	767
is issued to a golf course owned by the state, a conservancy	768
district, a park district created under Chapter 1545. of the	769
Revised Code, or another political subdivision to allow sale under	770
that permit between the hours of ten a.m. and midnight on Sunday,	771
whether or not that sale has been authorized under section	772
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	773

(H) Permit D-6 shall be issued to the holder of a D-5g permit	774
to allow sale under that permit between the hours of ten a.m. and	775
midnight on Sunday, whether or not that sale has been authorized	776
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	777
Revised Code.	778

(I) Permit D-6 shall be issued to the holder of any D permit	779
for a premises that is licensed under Chapter 3717. of the Revised	780
Code and that is located at a ski area to allow sale under the D-6	781
permit between the hours of ten a.m. and midnight on Sunday,	782
whether or not that sale has been authorized under section	783
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	784

As used in this division, "ski area" means a ski area as	785
defined in section 4169.01 of the Revised Code, provided that the	786
passenger tramway operator at that area is registered under	787
section 4169.03 of the Revised Code.	788

(J) Permit D-6 shall be issued to the holder of a D-5j permit	789
for a permit premises that is located in a community entertainment	790
district, as defined in section 4301.80 of the Revised Code, that	791
was approved by the legislative authority of a municipal	792
corporation under that section between October 1 and October 15,	793
2005, to allow sale under the permit between the hours of ten a.m.	794
and midnight on Sunday, whether or not that sale has been	795
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	796
of the Revised Code.	797

(K) If the restriction to licensed premises where the sale of	798
food and other goods and services exceeds fifty per cent of the	799
total gross receipts of the permit holder at the premises is	800
applicable, the division of liquor control may accept an affidavit	801
from the permit holder to show the proportion of the permit	802
holder's gross receipts derived from the sale of food and other	803
goods and services. If the liquor control commission determines	804
that affidavit to have been false, it shall revoke the permits of	805
the permit holder at the premises concerned.	806

(L) The fee for the D-6 permit is five hundred dollars when	807
it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, D-4,	808
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	809
D-5j, D-5k, D-5l, or D-7 permit. The fee for the D-6 permit is	810
four hundred dollars when it is issued to the holder of a C-2	811
permit.	812

Sec. 4303.208. (A)(1) The division of liquor control may	813
issue an F-8 permit to a not-for-profit organization that manages,	814
for the benefit of the public and by contract with a political	815
subdivision of this state, publicly owned property to sell beer or	816
intoxicating liquor by the individual drink at specific events	817
conducted on the publicly owned property and appurtenant streets,	818
but only if, and then only at times at which, the sale of beer and	819
intoxicating liquor on the premises is otherwise permitted by law.	820
Additionally, an F-8 permit may be issued only if the publicly	821
owned property is located in a county that has a population of	822
between seven hundred fifty thousand and nine hundred thousand on	823
the effective date of this section.	824

(2) The premises on which an F-8 permit will be used shall be	825
clearly defined and sufficiently restricted to allow proper	826
supervision of the permit's use by state and local law enforcement	827
officers. Sales under an F-8 permit shall be confined to the same	828
hours permitted to the holder of a D-3 permit.	829

(3) The fee for an F-8 permit is one thousand seven hundred	830
dollars. An F-8 permit is effective for a period not to exceed	831
nine months as specified in the permit. An F-8 permit is not	832
transferable or renewable. However, the holder of an F-8 permit	833
may apply for a new F-8 permit at any time. An F-8 permit is not	834
effective until any F-8 permit currently held expires. The holder	835
of an F-8 permit shall make sales only at those specific events	836
about which the permit holder has notified in advance the division	837
of liquor control, the department of public safety, and the chief,	838
sheriff, or other principal peace officer of the local law	839
enforcement agencies having jurisdiction over the premises.	840

(B)(1) An application for the issuance of an F-8 permit is	841
subject to the notice and hearing requirements established in	842
division (A) of section 4303.26 of the Revised Code.	843

(2) The liquor control commission shall adopt under Chapter	844
119. of the Revised Code rules necessary to administer this	845
section.	846

(C) No F-8 permit holder shall sell beer or intoxicating	847
liquor beyond the hours of sale allowed by the permit. This	848
division imposes strict liability on the holder of an F-8 permit	849
and on any officer, agent, or employee of that permit holder.	850

Sec. 4303.30.  The rights granted by any D-2, D-3, D-3a, D-4,	851
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	852
or D-6 permit shall be exercised at not more than two fixed	853
counters, commonly known as bars, in rooms or places on the permit	854
premises, where beer, mixed beverages, wine, or spirituous liquor	855
is sold to the public for consumption on the premises. For each	856
additional fixed counter on the permit premises where those	857
beverages are sold for consumption on the premises, the permit	858
holder shall obtain a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	859
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or D-6	860
permit.	861

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	862
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or D-6 permit	863
shall be granted, upon application to the division of liquor	864
control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	865
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or D-6 permit for	866
each additional fixed counter on the permit premises at which	867
beer, mixed beverages, wine, or spirituous liquor is sold for	868
consumption on the premises, provided the application is made in	869
the same manner as an application for an original permit. The	870
application shall be identified with DUPLICATE printed on the	871
permit application form furnished by the department, in boldface	872
type. The application shall identify by name, or otherwise amply	873
describe, the room or place on the premises where the duplicate	874
permit is to be operative. Each duplicate permit shall be issued	875
only to the same individual, firm, or corporation as that of the	876
original permit and shall be an exact duplicate in size and word	877
content as the original permit, except that it shall show on it	878
the name or other ample identification of the room, or place, for	879
which it is issued and shall have DUPLICATE printed on it in	880
boldface type. A duplicate permit shall bear the same number as	881
the original permit. The fee for a duplicate permit is: D-1, one	882
hundred dollars; D-2, one hundred dollars; D-3, four hundred	883
dollars; D-3a, four hundred dollars; D-4, two hundred dollars;	884
D-5, one thousand dollars; D-5a, one thousand dollars; D-5b, one	885
thousand dollars; D-5c, four hundred dollars; D-5e, six hundred	886
fifty dollars; D-5f, one thousand dollars; D-6, one hundred	887
dollars when issued to the holder of a D-4a permit; and in all	888
other cases one hundred dollars or an amount which is twenty per	889
cent of the fees payable for the A-1-A, D-2, D-3, D-3a, D-4, D-5,	890
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, and	891
D-6 permits issued to the same premises, whichever is higher.	892
Application for a duplicate permit may be filed any time during	893
the life of an original permit. The fee for each duplicate D-2,	894
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h,	895
D-5i, D-5j, D-5k, D-5l, or D-6 permit shall be paid in accordance	896
with section 4303.24 of the Revised Code.	897

Sec. 4303.99.  (A) Whoever violates section 4303.28 of the	898
Revised Code shall be fined not less than one thousand nor more	899
than twenty-five hundred dollars or imprisoned not less than six	900
months nor more than one year.	901

(B) Whoever violates section 4303.36 of the Revised Code	902
shall be fined not less than twenty-five nor more than one hundred	903
dollars.	904

(C) Whoever violates section 4303.37 of the Revised Code	905
shall be fined not less than twenty-five nor more than fifty	906
dollars.	907

(D) Whoever violates division (B) of section 4303.202 or	908
division (C) of section 4303.208 of the Revised Code is guilty of	909
a misdemeanor of the fourth degree.	910

Sec. 4399.12.  No provision contained in Title XLIII of the	911
Revised Code that prohibits the sale of intoxicating liquors in	912
any of the circumstances described in section 4399.11 of the	913
Revised Code extends to or prevents the holder of an A, B, C-2,	914
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g,	915
D-5h, D-5i, D-5j, D-5k, D-5l, G, or I permit issued by the	916
division of liquor control from distributing or selling	917
intoxicating liquor at the place of business described in the	918
permit of the holder.	919

Section 2. That existing sections 4301.17, 4301.355, 4301.62,	920
4303.181, 4303.182, 4303.30, 4303.99, and 4399.12 of the Revised	921
Code are hereby repealed.	922

Section 3. This act is hereby declared to be an emergency	923
measure necessary for the immediate preservation of the public	924
peace, health, and safety. The reason for such necessity lies in	925
the fact that the summer festival season is fast approaching and	926
the implementation of the issuance of the F-8 permit needs to be	927
expedited so that the permit can be issued during this summer	928
season. Therefore, this act shall go into immediate effect.	929