As Reported by the House State Government and Elections Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 150

Senator Roberts 

Cosponsors: Senators Fedor, Boccieri, Miller, D., Kearney, Schuler, Austria, Cafaro, Cates, Clancy, Faber, Gardner, Grendell, Harris, Mason, Morano, Niehaus, Padgett, Sawyer, Schuring, Spada, Stivers, Wilson, Carey 

Representatives Daniels, Hite, Stewart, D., Domenick, Flowers 

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A BILL

To amend sections 4301.10, 4301.12, 4301.16, 4301.20,

1

4301.30, 4301.355, 4301.432, 4301.47, 4301.58,

2

4301.62, 4301.639, 4303.03, 4303.05, 4303.071,

3

4303.181, 4303.182, 4303.184, 4303.232, 4303.233,

4

4303.25, 4303.27, 4303.271, 4303.29, 4303.30,

5

4303.33, 4303.333, 4399.12, and 5703.21 and to

6

enact sections 4301.404, 4301.441, 4301.81, and

7

4303.234 of the Revised Code to modify, and also

8

to clarify and correct, the law pertaining to

9

liquor control and alcoholic beverage taxes.

10

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

Section 1. That sections 4301.10, 4301.12, 4301.16, 4301.20,	11
4301.30, 4301.355, 4301.432, 4301.47, 4301.58, 4301.62, 4301.639,	12
4303.03, 4303.05, 4303.071, 4303.181, 4303.182, 4303.184,	13
4303.232, 4303.233, 4303.25, 4303.27, 4303.271, 4303.29, 4303.30,	14
4303.33, 4303.333, 4399.12, and 5703.21 be amended and sections	15
4301.404, 4301.441, 4301.81, and 4303.234 of the Revised Code be	16
enacted to read as follows:	17

Sec. 4301.10.  (A) The division of liquor control shall do	18
all of the following:	19

(1) Control the traffic in beer and intoxicating liquor in	20
this state, including the manufacture, importation, and sale of	21
beer and intoxicating liquor;	22

(2) Grant or refuse permits for the manufacture,	23
distribution, transportation, and sale of beer and intoxicating	24
liquor and the sale of alcohol, as authorized or required by this	25
chapter and Chapter 4303. of the Revised Code. A certificate,	26
signed by the superintendent of liquor control and to which is	27
affixed the official seal of the division, stating that it appears	28
from the records of the division that no permit has been issued to	29
the person specified in the certificate, or that a permit, if	30
issued, has been revoked, canceled, or suspended, shall be	31
received as prima-facie evidence of the facts recited in the	32
certificate in any court or before any officer of this state.	33

(3) Put into operation, manage, and control a system of state	34
liquor stores for the sale of spirituous liquor at retail and to	35
holders of permits authorizing the sale of spirituous liquor;	36
however, the division shall not establish any drive-in state	37
liquor stores; and by means of those types of stores, and any	38
manufacturing plants, distributing and bottling plants,	39
warehouses, and other facilities that it considers expedient,	40
establish and maintain a state monopoly of the distribution of	41
spirituous liquor and its sale in packages or containers; and for	42
that purpose, manufacture, buy, import, possess, and sell	43
spirituous liquors as provided in this chapter and Chapter 4303.	44
of the Revised Code, and in the rules promulgated by the	45
superintendent of liquor control pursuant to those chapters; lease	46
or in any manner acquire the use of any land or building required	47
for any of those purposes; purchase any equipment that is	48
required; and borrow money to carry on its business, and issue,	49
sign, endorse, and accept notes, checks, and bills of exchange;	50
but all obligations of the division created under authority of	51
this division shall be a charge only upon the moneys received by	52
the division from the sale of spirituous liquor and its other	53
business transactions in connection with the sale of spirituous	54
liquor, and shall not be general obligations of the state;	55

(4) Enforce the administrative provisions of this chapter and	56
Chapter 4303. of the Revised Code, and the rules and orders of the	57
liquor control commission and the superintendent relating to the	58
manufacture, importation, transportation, distribution, and sale	59
of beer or intoxicating liquor. The attorney general, any	60
prosecuting attorney, and any prosecuting officer of a municipal	61
corporation or a municipal court shall, at the request of the	62
division of liquor control or the department of public safety,	63
prosecute any person charged with the violation of any provision	64
in those chapters or of any section of the Revised Code relating	65
to the manufacture, importation, transportation, distribution, and	66
sale of beer or intoxicating liquor.	67

(5) Determine the locations of all state liquor stores and	68
manufacturing, distributing, and bottling plants required in	69
connection with those stores, subject to this chapter and Chapter	70
4303. of the Revised Code;	71

(6) Conduct inspections of liquor permit premises to	72
determine compliance with the administrative provisions of this	73
chapter and Chapter 4303. of the Revised Code and the rules	74
adopted under those provisions by the liquor control commission.	75

Except as otherwise provided in division (A)(6) of this	76
section, those inspections may be conducted only during those	77
hours in which the permit holder is open for business and only by	78
authorized agents or employees of the division or by any peace	79
officer, as defined in section 2935.01 of the Revised Code.	80
Inspections may be conducted at other hours only to determine	81
compliance with laws or commission rules that regulate the hours	82
of sale of beer or intoxicating liquor and only if the	83
investigator has reasonable cause to believe that those laws or	84
rules are being violated. Any inspection conducted pursuant to	85
division (A)(6) of this section is subject to all of the following	86
requirements:	87

(a) The only property that may be confiscated is contraband,	88
as defined in section 2901.01 of the Revised Code, or property	89
that is otherwise necessary for evidentiary purposes.	90

(b) A complete inventory of all property confiscated from the	91
premises shall be given to the permit holder or the permit	92
holder's agent or employee by the confiscating agent or officer at	93
the conclusion of the inspection. At that time, the inventory	94
shall be signed by the confiscating agent or officer, and the	95
agent or officer shall give the permit holder or the permit	96
holder's agent or employee the opportunity to sign the inventory.	97

(c) Inspections conducted pursuant to division (A)(6) of this	98
section shall be conducted in a reasonable manner. A finding by	99
any court of competent jurisdiction that an inspection was not	100
conducted in a reasonable manner in accordance with this section	101
or any rules adopted by the commission may be considered grounds	102
for suppression of evidence. A finding by the commission that an	103
inspection was not conducted in a reasonable manner in accordance	104
with this section or any rules adopted by it may be considered	105
grounds for dismissal of the commission case.	106

If any court of competent jurisdiction finds that property	107
confiscated as the result of an administrative inspection is not	108
necessary for evidentiary purposes and is not contraband, as	109
defined in section 2901.01 of the Revised Code, the court shall	110
order the immediate return of the confiscated property, provided	111
that property is not otherwise subject to forfeiture, to the	112
permit holder. However, the return of this property is not grounds	113
for dismissal of the case. The commission likewise may order the	114
return of confiscated property if no criminal prosecution is	115
pending or anticipated.	116

(7) Delegate to any of its agents or employees any power of	117
investigation that the division possesses with respect to the	118
enforcement of any of the administrative laws relating to beer or	119
intoxicating liquor, provided that this division does not	120
authorize the division to designate any agent or employee to serve	121
as an enforcement agent. The employment and designation of	122
enforcement agents shall be within the exclusive authority of the	123
director of public safety pursuant to sections 5502.13 to 5502.19	124
of the Revised Code.	125

(8) Collect the following fees:

126

(a) A biennial fifty-dollar registration fee for each agent,	127
solicitor, or salesperson, registered pursuant to section 4303.25	128
of the Revised Code, of a beer or intoxicating liquor	129
manufacturer, supplier, broker, or wholesale distributor doing	130
business in this state;	131

(b) A fifty-dollar product registration fee for each new beer	132
or intoxicating liquor product sold in this state. The product	133
registration fee also applies to products sold in this state by	134
B-2a and S permit holders. The product registration fee shall be	135
accompanied by a copy of the federal label and product approval	136
for the new product.	137

(c) An annual three-hundred-dollar supplier registration fee	138
from each manufacturer or supplier that produces and ships into	139
this state, or ships into this state, intoxicating liquor or beer,	140
in addition to an initial application fee of one hundred dollars.	141
A manufacturer that produces and ships wine into this state and	142
that holds only an S permit is exempt from the supplier	143
registration fee. A manufacturer that produces and ships wine into	144
this state and that holds a B-2a permit shall pay an annual	145
seventy-six-dollar supplier registration fee. A manufacturer that	146
produces and ships wine into this state and that does not hold	147
either an S or a B-2a permit, but that produces less than two	148
hundred fifty thousand gallons of wine per year and that is	149
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	150
annual seventy-six-dollar supplier registration fee. A B-2a or S	151
permit holder that does not sell its wine to wholesale	152
distributors of wine in this state shall not be required to submit	153
to the division territory designation forms.	154

Each supplier, agent, solicitor, or salesperson registration	155
issued under this division shall authorize the person named to	156
carry on the activity specified in the registration. Each agent,	157
solicitor, or salesperson registration is valid for two years or	158
for the unexpired portion of a two-year registration period. Each	159
supplier registration is valid for one year or for the unexpired	160
portion of a one-year registration period. Registrations shall end	161
on their respective uniform expiration date, which shall be	162
designated by the division, and are subject to suspension,	163
revocation, cancellation, or fine as authorized by this chapter	164
and Chapter 4303. of the Revised Code.	165

(9) Establish a system of electronic data interchange within	166
the division and regulate the electronic transfer of information	167
and funds among persons and governmental entities engaged in the	168
manufacture, distribution, and retail sale of alcoholic beverages;	169

(10) Notify all holders of retail permits of the forms of	170
permissible identification for purposes of division (A) of section	171
4301.639 of the Revised Code;	172

(11) Exercise all other powers expressly or by necessary	173
implication conferred upon the division by this chapter and	174
Chapter 4303. of the Revised Code, and all powers necessary for	175
the exercise or discharge of any power, duty, or function	176
expressly conferred or imposed upon the division by those	177
chapters.	178

(B) The division may do all of the following:

179

(1) Sue, but may be sued only in connection with the	180
execution of leases of real estate and the purchases and contracts	181
necessary for the operation of the state liquor stores that are	182
made under this chapter and Chapter 4303. of the Revised Code;	183

(2) Enter into leases and contracts of all descriptions and	184
acquire and transfer title to personal property with regard to the	185
sale, distribution, and storage of spirituous liquor within the	186
state;	187

(3) Terminate at will any lease entered into pursuant to	188
division (B)(2) of this section upon first giving ninety days'	189
notice in writing to the lessor of its intention to do so;	190

(4) Fix the wholesale and retail prices at which the various	191
classes, varieties, and brands of spirituous liquor shall be sold	192
by the division. Those retail prices shall be the same at all	193
state liquor stores, except to the extent that a price	194
differential is required to collect a county sales tax levied	195
pursuant to section 5739.021 of the Revised Code and for which tax	196
the tax commissioner has authorized prepayment pursuant to section	197
5739.05 of the Revised Code. In fixing selling prices, the	198
division shall compute an anticipated gross profit at least	199
sufficient to provide in each calendar year all costs and expenses	200
of the division and also an adequate working capital reserve for	201
the division. The gross profit shall not exceed forty per cent of	202
the retail selling price based on costs of the division, and in	203
addition the sum required by section 4301.12 of the Revised Code	204
to be paid into the state treasury. An amount equal to one and	205
one-half per cent of that gross profit shall be paid into the	206
statewide treatment and prevention fund created by section 4301.30	207
of the Revised Code and be appropriated by the general assembly	208
from the fund to the department of alcohol and drug addiction	209
services as provided in section 4301.30 of the Revised Code.	210

On spirituous liquor manufactured in this state from the	211
juice of grapes or fruits grown in this state, the division shall	212
compute an anticipated gross profit of not to exceed ten per cent.	213

The wholesale prices fixed under this division shall be at a	214
discount of not less than six per cent of the retail selling	215
prices as determined by the division in accordance with this	216
section.	217

(C) The division may approve the expansion or diminution of a	218
premises to which a liquor permit has been issued and may adopt	219
standards governing such an expansion or diminution.	220

Sec. 4301.12.  The division of liquor control shall provide	221
for the custody, safekeeping, and deposit of all moneys, checks,	222
and drafts received by it or any of its employees or agents prior	223
to paying them to the treasurer of state as provided by section	224
113.08 of the Revised Code.	225

A sum equal to three dollars and thirty-eight cents for each	226
gallon of spirituous liquor sold by the division during the period	227
covered by the payment shall be paid into the state treasury to	228
the credit of the general revenue fund. All moneys received from	229
permit fees, except B-2a and S permit fees from B-2a and S permit	230
holders who do not also hold A-2 permits, shall be paid to the	231
credit of the undivided liquor permit fund established by section	232
4301.30 of the Revised Code.	233

Except as otherwise provided by law, all moneys collected	234
under Chapters 4301. and 4303. of the Revised Code shall be paid	235
by the division into the state treasury to the credit of the	236
liquor control fund, which is hereby created. Amounts in the	237
liquor control fund may be used to pay the operating expenses of	238
the liquor control commission.	239

Whenever, in the judgment of the director of budget and	240
management, the amount in the liquor control fund is in excess of	241
that needed to meet the maturing obligations of the division, as	242
working capital for its further operations, to pay the operating	243
expenses of the commission, and for the alcohol testing program	244
under section 3701.143 of the Revised Code, the director shall	245
transfer the excess to the credit of the general revenue fund.	246

Sec. 4301.16. (A)(1) All moneys received from the sale of	247
liquor at state liquor stores or otherwise, or arising in the	248
administration of Chapters 4301. and 4303. of the Revised Code,	249
other than from taxes, shall be paid to the division of liquor	250
control subject to division (A)(2) of this section and shall be	251
accounted for and paid over by the division to the treasurer of	252
state as custodian, as provided by section 4301.12 of the Revised	253
Code.	254

(2) The division may allow or require a state liquor agency	255
to establish and maintain bank accounts, at the discretion of the	256
division either under the name of the state of Ohio or the	257
business account of the state liquor agency, for the deposit of	258
moneys received from the sale of spirituous liquor. The moneys in	259
a state liquor agency's bank accounts shall be transferred to the	260
division at intervals determined by the division.	261

(B) Upon proof of accidental breakage or unintentional	262
shortage of stock, which proof shall be subject to the final	263
approval of the division, the division shall allow yearly credits	264
to each state liquor store not to exceed one-fortieth of one per	265
cent of each state liquor store's yearly gross sales, for the	266
moneys required by this section to be paid by such state liquor	267
store to the division.	268

Sec. 4301.20.  This chapter and Chapter 4303. of the Revised	269
Code do not prevent the following:	270

(A) The storage of intoxicating liquor in bonded warehouses,	271
established in accordance with the acts of congress and under the	272
regulation of the United States, located in this state, or the	273
transportation of intoxicating liquor to or from bonded warehouses	274
of the United States wherever located;	275

(B) A bona fide resident of this state who is the owner of a	276
warehouse receipt from obtaining or transporting to the resident's	277
residence for the resident's own consumption and not for resale	278
spirituous liquor stored in a government bonded warehouse in this	279
state or in another state prior to December 1933, subject to such	280
terms as are prescribed by the division of liquor control;	281

(C) The manufacture of cider from fruit for the purpose of	282
making vinegar, and nonintoxicating cider and fruit juices for use	283
and sale;	284

(D) A licensed physician or dentist from administering or	285
dispensing intoxicating liquor or alcohol to a patient in good	286
faith in the actual course of the practice of the physician's or	287
dentist's profession;	288

(E) The sale of alcohol to physicians, dentists, druggists,	289
veterinary surgeons, manufacturers, hospitals, infirmaries, or	290
medical or educational institutions using the alcohol for	291
medicinal, mechanical, chemical, or scientific purposes;	292

(F) The sale, gift, or keeping for sale by druggists and	293
others of any of the medicinal preparations manufactured in	294
accordance with the formulas prescribed by the United States	295
Pharmacopoeia and National Formulary, patent or proprietary	296
preparations, and other bona fide medicinal and technical	297
preparations, which contain no more alcohol than is necessary to	298
hold the medicinal agents in solution and to preserve the same,	299
which are manufactured and sold as medicine and not as beverages,	300
are unfit for use for beverage purposes, and the sale of which	301
does not require the payment of a United States liquor dealer's	302
tax;	303

(G) The manufacture and sale of tinctures or of toilet,	304
medicinal, and antiseptic preparations and solutions not intended	305
for internal human use nor to be sold as beverages, and which are	306
unfit for beverage purposes, if upon the outside of each bottle,	307
box, or package of which there is printed in the English language,	308
conspicuously and legibly, the quantity by volume of alcohol in	309
the preparation or solution;	310

(H) The manufacture and keeping for sale of the food products	311
known as flavoring extracts when manufactured and sold for	312
cooking, culinary, or flavoring purposes, and which are unfit for	313
use for beverage purposes;	314

(I) The lawful sale of wood alcohol or of ethyl alcohol for	315
external use when combined with other substances as to make it	316
unfit for internal use;	317

(J) The manufacture, sale, and transport of ethanol or ethyl	318
alcohol for use as fuel. As used in this division, "ethanol" has	319
the same meaning as in section 5733.46 of the Revised Code.	320

(K) The purchase and importation into this state of	321
intoxicating liquor for use in manufacturing processes of	322
nonbeverage food products under terms prescribed by the division,	323
provided that the terms prescribed by the division shall not	324
increase the cost of the intoxicating liquor to any person, firm,	325
or corporation purchasing and importing it into this state for	326
that use;	327

(L) Any resident of this state or any member of the armed	328
forces of the United States, who has attained the age of	329
twenty-one years, from bringing into this state, for personal use	330
and not for resale, not more than one liter of spirituous liquor	331
in any thirty-day period, and the same is free of any tax consent	332
fee when the resident or member of the armed forces physically	333
possesses and accompanies the spirituous liquor on returning from	334
a foreign country, another state, or an insular possession of the	335
United States;	336

(M) Persons, at least twenty-one years of age, who collect	337
ceramic commemorative bottles containing spirituous liquor that	338
have unbroken federal tax stamps on them from selling or trading	339
the bottles to other collectors. The bottles shall originally	340
have been purchased at retail from the division, legally imported	341
under division (L) of this section, or legally imported pursuant	342
to a supplier registration issued by the division. The sales shall	343
be for the purpose of exchanging a ceramic commemorative bottle	344
between private collectors and shall not be for the purpose of	345
selling the spirituous liquor for personal consumption. The sale	346
or exchange authorized by this division shall not occur on the	347
premises of any permit holder, shall not be made in connection	348
with the business of any permit holder, and shall not be made in	349
connection with any mercantile business.	350

(N) The sale of beer or intoxicating liquor without a liquor	351
permit at a private residence, not more than five times per	352
calendar year at a residence address, at an event that has the	353
following characteristics:	354

(1) The event is for a charitable, benevolent, or political	355
purpose, but shall not include any event the proceeds of which are	356
for the profit or gain of any individual;	357

(2) The event has in attendance not more than fifty people;

358

(3) The event shall be for a period not to exceed twelve	359
hours;	360

(4) The sale of beer and intoxicating liquor at the event	361
shall not take place between two-thirty a.m. and five-thirty a.m.;	362

(5) No person under twenty-one years of age shall purchase or	363
consume beer or intoxicating liquor at the event and no beer or	364
intoxicating liquor shall be sold to any person under twenty-one	365
years of age at the event; and	366

(6) No person at the event shall sell or furnish beer or	367
intoxicating liquor to an intoxicated person.	368

Sec. 4301.30.  All fees collected by the division of liquor	369
control shall be deposited in the state treasury to the credit of	370
the undivided liquor permit fund, which is hereby created, at the	371
time prescribed under section 4301.12 of the Revised Code. Each	372
payment shall be accompanied by a statement showing separately the	373
amount collected for each class of permits in each municipal	374
corporation and in each township outside the limits of any	375
municipal corporation in such township. An amount equal to	376
forty-five per cent of the fund shall be paid from the fund into	377
the general revenue fund.	378

Twenty per cent of the undivided liquor permit fund shall be	379
paid into the statewide treatment and prevention fund, which is	380
hereby created in the state treasury. This amount shall be	381
appropriated by the general assembly, together with an amount	382
equal to one and one-half per cent of the gross profit of the	383
division of liquor control derived under division (B)(4) of	384
section 4301.10 of the Revised Code, to the department of alcohol	385
and drug addiction services. In planning for the allocation of and	386
in allocating these amounts for the purposes of Chapter 3793. of	387
the Revised Code, the department of alcohol and drug addiction	388
services shall comply with the nondiscrimination provisions of	389
Title VI of the Civil Rights Act of 1964, and any rules adopted	390
under that act.	391

Thirty-five per cent of the undivided liquor permit fund	392
shall be distributed by the superintendent of liquor control at	393
quarterly calendar periods as follows:	394

(A) To each municipal corporation, the aggregate amount shown	395
by the statements to have been collected from permits in the	396
municipal corporation, for the use of the general fund of the	397
municipal corporation;	398

(B) To each township, the aggregate amount shown by the	399
statements to have been collected from permits in its territory,	400
outside the limits of any municipal corporation located in the	401
township, for the use of the general fund of the township, or for	402
fire protection purposes, including buildings and equipment in the	403
township or in an established fire district within the township,	404
to the extent that the funds are derived from liquor permits	405
within the territory comprising such fire district.	406

For the purpose of the distribution required by this section,	407
E, H, and D permits covering boats or vessels are deemed to have	408
been issued in the municipal corporation or township wherein the	409
owner or operator of the vehicle, boat, vessel, or dining car	410
equipment to which the permit relates has the owner's or	411
operator's principal office or place of business within the state.	412

If the liquor control commission determines that the police	413
or other officers of any municipal corporation or township	414
entitled to share in such distributions are refusing or culpably	415
neglecting to enforce this chapter and Chapter 4303. of the	416
Revised Code, or the penal laws of this state relating to the	417
manufacture, importation, transportation, distribution, and sale	418
of beer and intoxicating liquors, or if the prosecuting officer of	419
a municipal corporation or a municipal court fails to comply with	420
the request of the commission authorized by division (A)(4) of	421
section 4301.10 of the Revised Code, the commission, by certified	422
mail, may notify the chief executive officer of the municipal	423
corporation or the board of township trustees of the township of	424
the failure and require the immediate cooperation of the	425
responsible officers of the municipal corporation or township with	426
the division of liquor control in the enforcement of those	427
chapters and penal laws. Within thirty days after the notice is	428
served, the commission shall determine whether the requirement	429
has been complied with. If the commission determines that the	430
requirement has not been complied with, it may issue an order to	431
the superintendent to withhold the distributive share of the	432
municipal corporation or township until further order of the	433
commission. This action of the commission is reviewable within	434
thirty days thereafter in the court of common pleas of Franklin	435
county.	436

All fees collected by the division of liquor control from the	437
issuance or renewal of B-2a and S permits, and paid by B-2a and S	438
permit holders who do not also hold A-2 permits, shall be	439
deposited to the credit of the liquor control fund. Once during	440
each fiscal year, an amount equal to fifty per cent of the fees	441
collected shall be paid from the liquor control fund into the	442
general revenue fund.	443

Sec. 4301.355.  (A) If a petition is filed under section	444
4301.333 of the Revised Code for the submission of the question or	445
questions set forth in this section, it shall be held in the	446
precinct as ordered by the board of elections under that section.	447
The expense of holding the election shall be charged to the	448
municipal corporation or township of which the precinct is a part.	449

(B) At the election, one or more of the following questions,	450
as designated in a valid petition, shall be submitted to the	451
electors of the precinct:	452

(1) "Shall the sale of .......... (insert beer, wine and	453
mixed beverages, or spirituous liquor) be permitted by ..........	454
(insert name of applicant, liquor permit holder, or liquor agency	455
store, including trade or fictitious name under which applicant	456
for, or holder of, liquor permit or liquor agency store either	457
intends to do, or does, business at the particular location), an	458
.......... (insert "applicant for" or "holder of" or "operator	459
of") a .......... (insert class name of liquor permit or permits	460
followed by the words "liquor permit(s)" or, if appropriate, the	461
words "liquor agency store for the State of Ohio"), who is engaged	462
in the business of .......... (insert general nature of the	463
business in which applicant or liquor permit holder is engaged or	464
will be engaged in at the particular location, as described in the	465
petition) at .......... (insert address of the particular location	466
within the precinct as set forth in the petition) in this	467
precinct?"	468

(2) "Shall the sale of .......... (insert beer, wine and	469
mixed beverages, or spirituous liquor) be permitted for sale on	470
Sunday between the hours of .......... (insert "ten a.m. and	471
midnight" or "one p.m. and midnight") by .......... (insert name	472
of applicant, liquor permit holder, or liquor agency store,	473
including trade or fictitious name under which applicant for, or	474
holder of, liquor permit or liquor agency store either intends to	475
do, or does, business at the particular location), an ......	476
(insert "applicant for a D-6 liquor permit," "holder of a D-6	477
liquor permit," "applicant for or holder of an A-1-A, A-2, C-1,	478
C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	479
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, or D-7 liquor permit,"	480
if only the approval of beer sales is sought, or "liquor agency	481
store") who is engaged in the business of .......... (insert	482
general nature of the business in which applicant or liquor permit	483
holder is engaged or will be engaged in at the particular	484
location, as described in the petition) at .......... (insert	485
address of the particular location within the precinct) in this	486
precinct?"	487

(C) The board of elections shall furnish printed ballots at	488
the election as provided under section 3505.06 of the Revised	489
Code, except that a separate ballot shall be used for the election	490
under this section. The question set forth in this section shall	491
be printed on each ballot, and the board shall insert in the	492
question appropriate words to complete it. Votes shall be cast as	493
provided under section 3505.06 of the Revised Code.	494

Sec. 4301.404. (A) As used in this section, "center for the	495
preservation of wild animals" means a conservation center located	496
on not less than five thousand acres of land that provides	497
scientific, educational, and recreational resources to advance the	498
conservation of animal populations and habitats.	499

(B) Sections 4301.32 to 4301.391 and 4305.14 of the Revised	500
Code and the provisions for local option elections and the	501
election on the repeal of Ohio Constitution, Article XV, Section 9	502
in section 4303.29 of the Revised Code do not affect or prohibit	503
the sale of beer or intoxicating liquor at a center for the	504
preservation of wild animals if any permit holder for the premises	505
operates pursuant to the authority of a D liquor permit issued	506
pursuant to Chapter 4303. of the Revised Code.	507

(C) Permit D-6 shall be issued to the holder of any D permit	508
that authorizes the sale of intoxicating liquor and that is issued	509
for a center for the preservation of wild animals to allow the	510
sale of intoxicating liquor under the permit at the premises	511
between the hours of one p.m. and midnight on Sunday, whether or	512
not such sale has been authorized in an election held under	513
section 4301.351 of the Revised Code. Notwithstanding section	514
4301.351 of the Revised Code, the holder of a D permit issued for	515
a center for the preservation of wild animals may sell beer on	516
Sunday whether or not the sale of intoxicating liquor has been	517
authorized in an election held under that section.	518

Sec. 4301.432.  For the purpose of encouraging the grape	519
industries of the state, a tax is hereby levied on the sale or	520
distribution of vermouth, sparkling and carbonated wine and	521
champagne, and other wine, except for known sacramental purposes,	522
at the rate of two cents per wine gallon, the tax to be paid by	523
the holders of A-2 and, B-2a, B-5, and S permits or by any other	524
person selling or distributing wine upon which no such tax has	525
been paid. The treasurer of state shall credit to the Ohio grape	526
industries fund created under section 924.54 of the Revised Code	527
the moneys hethe treasurer of state receives from this tax.	528

Sec. 4301.441. Any information provided to a state agency by	529
the department of taxation in accordance with division (C)(11) of	530
section 5703.21 of the Revised Code shall not be disclosed	531
publicly by that agency, except for purposes of enforcement, to	532
deny the renewal of a liquor permit, or to report such information	533
to the alcohol and tobacco tax and trade bureau in the United	534
States department of the treasury.	535

Sec. 4301.47.  Every class A-1, A-2, and A-4 permit holder	536
and each class B or S permit holder shall maintain and keep for a	537
period of three years a record of the beer, wine, and mixed	538
beverages purchased, distributed, or sold within this state by the	539
permit holder, together with invoices, records, receipts, bills of	540
lading, and other pertinent papers required by the tax	541
commissioner and, upon demand by the tax commissioner, shall	542
produce these records for a three-year period prior to the demand	543
unless upon satisfactory proof it is shown that the nonproduction	544
is due to causes beyond the permit holder's control.	545

Sec. 4301.58.  (A) No person, by himself or herself	546
personally or by the person's clerk, agent, or employee, who is	547
not the holder of an A permit issued by the division of liquor	548
control, in force at the time, and authorizing the manufacture of	549
beer or intoxicating liquor, or who is not an agent or employee of	550
the division authorized to manufacture such beer or intoxicating	551
liquor, shall manufacture any beer or intoxicating liquor for	552
sale, or shall manufacture spirituous liquor.	553

(B) No person, by himself or herselfpersonally or by the	554
person's clerk, agent, or employee, who is not the holder of aan	555
A, B, C, D, E, F, G, or I, or S permit issued by the division, in	556
force at the time, and authorizing the sale of beer, intoxicating	557
liquor, or alcohol, or who is not an agent or employee of the	558
division or the tax commissioner authorized to sell such beer,	559
intoxicating liquor, or alcohol, shall sell, keep, or possess	560
beer, intoxicating liquor, or alcohol for sale to any persons	561
other than those authorized by Chapters 4301. and 4303. of the	562
Revised Code to purchase any beer or intoxicating liquor, or sell	563
any alcohol at retail. This division does not apply to or affect	564
the sale or possession for sale of any low-alcohol beverage.	565

(C) No person, by himself or herselfpersonally or by the	566
person's clerk, agent, or employee, who is the holder of a permit	567
issued by the division, shall sell, keep, or possess for sale any	568
intoxicating liquor not purchased from the division or from the	569
holder of a permit issued by the division authorizing the sale of	570
such intoxicating liquor unless the same has been purchased with	571
the special consent of the division. The division shall revoke the	572
permit of any person convicted of a violation of division (C) of	573
this section.	574

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

575

(1) "Chauffeured limousine" means a vehicle registered under	576
section 4503.24 of the Revised Code.	577

(2) "Street," "highway," and "motor vehicle" have the same	578
meanings as in section 4511.01 of the Revised Code.	579

(B) No person shall have in the person's possession an opened	580
container of beer or intoxicating liquor in any of the following	581
circumstances:	582

(1) In a state liquor store;

583

(2) Except as provided in division (C) of this section, on	584
the premises of the holder of any permit issued by the division of	585
liquor control;	586

(3) In any other public place;

587

(4) Except as provided in division (D) or (E) of this	588
section, while operating or being a passenger in or on a motor	589
vehicle on any street, highway, or other public or private	590
property open to the public for purposes of vehicular travel or	591
parking;	592

(5) Except as provided in division (D) or (E) of this	593
section, while being in or on a stationary motor vehicle on any	594
street, highway, or other public or private property open to the	595
public for purposes of vehicular travel or parking.	596

(C)(1) A person may have in the person's possession an opened	597
container of any of the following:	598

(a) Beer or intoxicating liquor that has been lawfully	599
purchased for consumption on the premises where bought from the	600
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5,	601
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	602
D-5l, D-5m, D-7, D-8, E, F, F-2, or F-5, F-7, or F-8 permit;	603

(b) Beer, wine, or mixed beverages served for consumption on	604
the premises by the holder of an F-3 permit or wine served for	605
consumption on the premises by the holder of an F-4 or F-6 permit;	606

(c) Beer or intoxicating liquor consumed on the premises of a	607
convention facility as provided in section 4303.201 of the Revised	608
Code;	609

(d) Beer or intoxicating liquor to be consumed during	610
tastings and samplings approved by rule of the liquor control	611
commission.	612

(2) A person may have in the person's possession on an F	613
liquor permit premises an opened container of beer or intoxicating	614
liquor that was not purchased from the holder of the F permit if	615
the premises for which the F permit is issued is a music festival	616
and the holder of the F permit grants permission for that	617
possession on the premises during the period for which the F	618
permit is issued. As used in this division, "music festival" means	619
a series of outdoor live musical performances, extending for a	620
period of at least three consecutive days and located on an area	621
of land of at least forty acres.	622

(3)(a) A person may have in the person's possession on a D-2	623
liquor permit premises an opened or unopened container of wine	624
that was not purchased from the holder of the D-2 permit if the	625
premises for which the D-2 permit is issued is an outdoor	626
performing arts center, the person is attending an orchestral	627
performance, and the holder of the D-2 permit grants permission	628
for the possession and consumption of wine in certain	629
predesignated areas of the premises during the period for which	630
the D-2 permit is issued.	631

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

632

(i) "Orchestral performance" means a concert comprised of a	633
group of not fewer than forty musicians playing various musical	634
instruments.	635

(ii) "Outdoor performing arts center" means an outdoor	636
performing arts center that is located on not less than eight	637
hundred acres of land and that is open for performances from the	638
first day of April to the last day of October of each year.	639

(4) A person may have in the person's possession an opened or	640
unopened container of beer or intoxicating liquor at an outdoor	641
location at which the person is attending an orchestral	642
performance as defined in division (C)(3)(b)(i) of this section if	643
the person with supervision and control over the performance	644
grants permission for the possession and consumption of beer or	645
intoxicating liquor in certain predesignated areas of that outdoor	646
location.	647

(D) This section does not apply to a person who pays all or a	648
portion of the fee imposed for the use of a chauffeured limousine	649
pursuant to a prearranged contract, or the guest of the person,	650
when all of the following apply:	651

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

652

(2) The person or guest is located in the limousine, but is	653
not occupying a seat in the front compartment of the limousine	654
where the operator of the limousine is located.	655

(3) The limousine is located on any street, highway, or other	656
public or private property open to the public for purposes of	657
vehicular travel or parking.	658

(E) An opened bottle of wine that was purchased from the	659
holder of a permit that authorizes the sale of wine for	660
consumption on the premises where sold is not an opened container	661
for the purposes of this section if both of the following apply:	662

(1) The opened bottle of wine is securely resealed by the	663
permit holder or an employee of the permit holder before the	664
bottle is removed from the premises. The bottle shall be secured	665
in such a manner that it is visibly apparent if the bottle has	666
been subsequently opened or tampered with.	667

(2) The opened bottle of wine that is resealed in accordance	668
with division (E)(1) of this section is stored in the trunk of a	669
motor vehicle or, if the motor vehicle does not have a trunk,	670
behind the last upright seat or in an area not normally occupied	671
by the driver or passengers and not easily accessible by the	672
driver.	673

Sec. 4301.639.  (A) No permit holder, agent or employee of a	674
permit holder, or any other person may be found guilty of a	675
violation of any section of this chapter or any rule of the liquor	676
control commission in which age is an element of the offense, if	677
the liquor control commission or any court of record finds all of	678
the following:	679

(1) That the person buying, at the time of so doing,	680
exhibited to the permit holder, the agent or employee of the	681
permit holder, or the other person a driver's or commercial	682
driver's license or, an identification card issued under sections	683
4507.50 to 4507.52 of the Revised Code showing, or a military	684
identification card issued by the United States department of	685
defense, that displays a picture of the individual for whom the	686
license or card was issued and shows that the person buying was	687
then at least twenty-one years of age, if the person was buying	688
beer as defined in section 4301.01 of the Revised Code or	689
intoxicating liquor, or that the person was then at least eighteen	690
years of age, if the person was buying any low-alcohol beverage;	691

(2) That the permit holder, the agent or employee of the	692
permit holder, or the other person made a bona fide effort to	693
ascertain the true age of the person buying by checking the	694
identification presented, at the time of the purchase, to	695
ascertain that the description on the identification compared with	696
the appearance of the buyer and that the identification presented	697
had not been altered in any way;	698

(3) That the permit holder, the agent or employee of the	699
permit holder, or the other person had reason to believe that the	700
person buying was of legal age.	701

(B) In any hearing before the liquor control commission and	702
in any action or proceeding before a court of record in which a	703
defense is raised under division (A) of this section, the	704
registrar of motor vehicles or deputy registrar who issued an	705
identification card under sections 4507.50 to 4507.52 of the	706
Revised Code shall be permitted to submit certified copies of the	707
records, in the registrar's or deputy's possession, of that	708
issuance in lieu of the testimony of the personnel of or	709
contractors with the bureau of motor vehicles at the hearing,	710
action, or proceeding.	711

(C) The defense provided by division (A) of this section is	712
in addition to the affirmative defense provided by section	713
4301.611 of the Revised Code.	714

Sec. 4301.81. (A) As used in this section:

715

(1) "Revitalization district" means a bounded area that	716
includes or will include a combination of entertainment, retail,	717
educational, sporting, social, cultural, or arts establishments	718
within close proximity to some or all of the following types of	719
establishments within the district, or other types of	720
establishments similar to these:	721

(a) Hotels;

722

(b) Restaurants;

723

(c) Retail sales establishments;

724

(d) Enclosed shopping centers;

725

(e) Museums;

726

(f) Performing arts theaters;

727

(g) Motion picture theaters;

728

(h) Night clubs;

729

(i) Convention facilities;

730

(j) Sports facilities;

731

(k) Entertainment facilities or complexes;

732

(l) Any combination of the establishments described in	733
divisions (A)(1)(a) to (k) of this section that provide similar	734
services to the community.	735

(2) "Municipal corporation" means a municipal corporation	736
with a population of less than one hundred thousand.	737

(3) "Township" means a township with a population in its	738
unincorporated area of less than one hundred thousand.	739

(B) Any owner of property located in a municipal corporation	740
seeking to have that property, or that property and other	741
surrounding property, designated as a revitalization district	742
shall file an application seeking this designation with the mayor	743
of the municipal corporation in which that property is located.	744
Any owner of property located in the unincorporated area of a	745
township seeking to have that property, or that property and other	746
surrounding property, designated as a revitalization district	747
shall file an application seeking this designation with the board	748
of township trustees of the township in whose unincorporated area	749
that property is located. An application to designate an area as a	750
revitalization district shall contain all of the following:	751

(1) The applicant's name and address;

752

(2) A map or survey of the proposed revitalization district	753
in sufficient detail to identify the boundaries of the district	754
and the property owned by the applicant;	755

(3) A general statement of the nature and types of	756
establishments described in division (A) of this section that are	757
or will be located within the proposed revitalization district and	758
any other establishments located in the proposed revitalization	759
district that are not described in division (A) of this section;	760

(4) If some or all of the establishments within the proposed	761
revitalization district have not yet been developed, the proposed	762
time frame for completing the development of these establishments;	763

(5) Evidence that the uses of land within the proposed	764
revitalization district are in accord with the municipal	765
corporation's or township's master zoning plan or map; and	766

(6) A handling and processing fee to accompany the	767
application, payable to the applicable municipal corporation or	768
township, in an amount determined by that municipal corporation or	769
township.	770

(C) An application relating to an area located in a municipal	771
corporation shall be addressed and submitted to the mayor of the	772
municipal corporation in which the area described in the	773
application is located. The mayor, within thirty days after	774
receiving the application, shall submit the application with the	775
mayor's recommendation to the legislative authority of the	776
municipal corporation. An application relating to an area located	777
in the unincorporated area of a township shall be addressed and	778
submitted to the board of township trustees of the township in	779
whose unincorporated area the area described in the application is	780
located. The application is a public record for purposes of	781
section 149.43 of the Revised Code upon its receipt by the mayor	782
or board of township trustees.	783

Within thirty days after it receives the application and the	784
mayor's recommendations relating to the application, the	785
legislative authority of the municipal corporation, by notice	786
published once a week for two consecutive weeks in at least one	787
newspaper of general circulation in the municipal corporation,	788
shall notify the public that the application is on file in the	789
office of the clerk of the municipal corporation and is available	790
for inspection by the public during regular business hours. Within	791
thirty days after it receives the application, the board of	792
township trustees, by notice published once a week for two	793
consecutive weeks in at least one newspaper of general circulation	794
in the township, shall notify the public that the application is	795
on file in the office of the township fiscal officer and is	796
available for inspection by the public during regular business	797
hours. The notice shall also indicate the date and time of any	798
public hearing by the municipal legislative authority or board of	799
township trustees on the application.	800

Within seventy-five days after the date the application is	801
filed with the mayor of a municipal corporation, the legislative	802
authority of the municipal corporation by ordinance or resolution	803
shall approve or disapprove the application based on whether the	804
proposed revitalization district does or will substantially	805
contribute to entertainment, retail, educational, sporting,	806
social, cultural, or arts opportunities for the community. The	807
community considered shall at a minimum include the municipal	808
corporation in which the community is located. Any approval of an	809
application shall be by an affirmative majority vote of the	810
legislative authority. Not more than one revitalization district	811
shall be designated within the municipal corporation.	812

Within seventy-five days after the date the application is	813
filed with a board of township trustees, the board by resolution	814
shall approve or disapprove the application based on whether the	815
proposed revitalization district does or will substantially	816
contribute to entertainment, retail, educational, sporting,	817
social, cultural, or arts opportunities for the community. The	818
community considered shall at a minimum include the township in	819
which the community is located. Any approval of an application	820
shall be by an affirmative majority vote of the board of township	821
trustees. Not more than one revitalization district shall be	822
designated within the unincorporated area of the township.	823

If the municipal legislative authority or board of township	824
trustees disapproves the application, the applicant may make	825
changes in the application to secure its approval by the	826
legislative authority or board of township trustees. Any area	827
approved by the legislative authority or board of township	828
trustees constitutes a revitalization district, and a local option	829
election may be conducted in the district, as a type of community	830
facility, under section 4301.356 of the Revised Code.	831

(D) All or part of an area designated as a revitalization	832
district may lose this designation as provided in this division.	833
The legislative authority of a municipal corporation in which a	834
revitalization district is located, or the board of township	835
trustees of the township in whose unincorporated area a	836
revitalization district is located, after giving notice of its	837
proposed action by publication once a week for two consecutive	838
weeks in at least one newspaper of general circulation in the	839
municipal corporation or township, may determine by ordinance or	840
resolution in the case of the legislative authority of a municipal	841
corporation, or by resolution in the case of a board of township	842
trustees of a township, that all or part of the area fails to meet	843
the standards described in this section for designation of an area	844
as a revitalization district. If the legislative authority or	845
board so determines, the area designated in the ordinance or	846
resolution no longer constitutes a revitalization district.	847

Sec. 4303.03. Permit(A) Subject to division (B) of this	848
section, permit A-2 may be issued to a manufacturer to	849
manufacture wine from grapes or other fruits; to import and	850
purchase wine in bond for blending purposes, the total amount of	851
wine so imported during the year covered by the permit not to	852
exceed forty per cent of all the wine manufactured and imported;	853
to manufacture, purchase, and import brandy for fortifying	854
purposes; and to sell those products either in glass or container	855
for consumption on the premises where manufactured, in sealed	856
containers for consumption off the premises where manufactured,	857
and to wholesale permit holders under the rules adopted by the	858
division of liquor control.	859

(B)(1) The holder of an A-2 permit shall not sell directly to	860
a retailer. In order to make sales to a retailer, the manufacturer	861
shall obtain a B-2a permit or make the sale directly to a B-2 or	862
B-5 permit holder for subsequent resale to a retailer.	863

(2) The holder of an A-2 permit shall not sell directly to a	864
consumer unless the product is sold on the premises in accordance	865
with division (A) of this section. In order to make sales to a	866
consumer off the premises where the wine is manufactured, the	867
manufacturer shall obtain an S permit.	868

(3) Nothing in this chapter prohibits an A-2 permit holder	869
also holding a B-2a or S permit.	870

(C) The fee for this permit is seventy-six dollars for each	871
plant to which this permit is issued.	872

Sec. 4303.05.  Permit A-4 may be issued to a manufacturer to	873
manufacture prepared highballs, cocktails, cordials, and other	874
mixed drinks containing not less than four per cent of alcohol by	875
volume and not more than twenty-one per cent of alcohol by volume,	876
and to sell such products to wholesale and retail permit holders	877
in sealed containers only under such rules as are adopted by the	878
division of liquor control. The holder of such permit may import	879
into the state spirituous liquor and wine only for blending or	880
other manufacturing purposes under such rules as are prescribed by	881
the division.	882

The holder of such permit may also purchase spirituous liquor	883
for manufacturing and blending purposes from the holder of an A-3	884
permit issued by the division. The formulas and the beverages	885
manufactured by the holder of an A-4 permit shall be submitted to	886
the division for its analysis and approval before the beverages	887
may be sold to or distributed in this state by holders of retail	888
and wholesale permits. All labels and advertising matter used by	889
the holders of A-4 permits shall be approved by the division	890
before they may be used in this state. The fee for an A-4 permit	891
is three thousand nine hundred six dollars for each plant.	892

Sec. 4303.071. (A)(1) Except as otherwise provided in	893
division (A)(2) of this section, permitPermit B-2a may be issued	894
to a person that manufactures wine, is the brand owner or United	895
States importer of wine, or is the designated agent of a brand	896
owner or importer for all wine sold in this state for that owner	897
or importer, or manufactures wine if such manufacturer is	898
entitled to a tax credit under 27 C.F.R. 24.278 and produces less	899
than two hundred fifty thousand gallons of wine per year. If the	900
person resides outside this state, the person shall comply with	901
the requirements governing the issuance of licenses or permits	902
that authorize the sale of intoxicating liquor by the appropriate	903
authority of the state in which the person resides or by the	904
alcohol and tobacco tax and trade bureau in the United States	905
department of the treasury.	906

(2) A B-2a permit shall only be issued to a manufacturer of	907
wine that is entitled to a tax credit under 27 C.F.R. 24.278 and	908
that produces less than one hundred fifty thousand gallons of wine	909
per year.	910

(3) The fee for the B-2a permit is twenty-five dollars.

911

(4)(3) The holder of a B-2a permit may sell wine to a retail	912
permit holder, but a B-2a permit holder that is a wine	913
manufacturer may sell to a retail permit holder only wine that the	914
B-2a permit holder has manufactured.	915

(5)(4) The holder of a B-2a permit shall renew the permit in	916
accordance with section 4303.271 of the Revised Code, except that	917
renewal shall not be subject to the notice and hearing	918
requirements established in division (B) of that section.	919

(B) The holder of a B-2a permit shall collect and pay all	920
applicablethe taxes relating to the delivery of a wine to a	921
retailer including, but not limited to, taxesthat are levied	922
under sections 4301.421 and 4301.434301.432 and Chapters 5739.	923
and 5741. of the Revised Code.	924

(C) The holder of a B-2a permit shall comply with this	925
chapter, Chapter 4301. of the Revised Code, and any rules adopted	926
by the liquor control commission under section 4301.03 of the	927
Revised Code.	928

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	929
owner or operator of a hotel or motel that is required to be	930
licensed under section 3731.03 of the Revised Code, that contains	931
at least fifty rooms for registered transient guests or is owned	932
by a state institution of higher education as defined in section	933
3345.011 of the Revised Code or a private college or university,	934
and that qualifies under the other requirements of this section,	935
or to the owner or operator of a restaurant specified under this	936
section, to sell beer and any intoxicating liquor at retail, only	937
by the individual drink in glass and from the container, for	938
consumption on the premises where sold, and to registered guests	939
in their rooms, which may be sold by means of a controlled access	940
alcohol and beverage cabinet in accordance with division (B) of	941
section 4301.21 of the Revised Code; and to sell the same products	942
in the same manner and amounts not for consumption on the premises	943
as may be sold by holders of D-1 and D-2 permits. The premises of	944
the hotel or motel shall include a retail food establishment or a	945
food service operation licensed pursuant to Chapter 3717. of the	946
Revised Code that operates as a restaurant for purposes of this	947
chapter and that is affiliated with the hotel or motel and within	948
or contiguous to the hotel or motel, and that serves food within	949
the hotel or motel, but the principal business of the owner or	950
operator of the hotel or motel shall be the accommodation of	951
transient guests. In addition to the privileges authorized in this	952
division, the holder of a D-5a permit may exercise the same	953
privileges as the holder of a D-5 permit.	954

The owner or operator of a hotel, motel, or restaurant who	955
qualified for and held a D-5a permit on August 4, 1976, may, if	956
the owner or operator held another permit before holding a D-5a	957
permit, either retain a D-5a permit or apply for the permit	958
formerly held, and the division of liquor control shall issue the	959
permit for which the owner or operator applies and formerly held,	960
notwithstanding any quota.	961

A D-5a permit shall not be transferred to another location.	962
No quota restriction shall be placed on the number of D-5a permits	963
that may be issued.	964

The fee for this permit is two thousand three hundred	965
forty-four dollars.	966

(B) Permit D-5b may be issued to the owner, operator, tenant,	967
lessee, or occupant of an enclosed shopping center to sell beer	968
and intoxicating liquor at retail, only by the individual drink in	969
glass and from the container, for consumption on the premises	970
where sold; and to sell the same products in the same manner and	971
amount not for consumption on the premises as may be sold by	972
holders of D-1 and D-2 permits. In addition to the privileges	973
authorized in this division, the holder of a D-5b permit may	974
exercise the same privileges as a holder of a D-5 permit.	975

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

976

One D-5b permit may be issued at an enclosed shopping center	977
containing at least two hundred twenty-five thousand, but less	978
than four hundred thousand, square feet of floor area.	979

Two D-5b permits may be issued at an enclosed shopping center	980
containing at least four hundred thousand square feet of floor	981
area. No more than one D-5b permit may be issued at an enclosed	982
shopping center for each additional two hundred thousand square	983
feet of floor area or fraction of that floor area, up to a maximum	984
of five D-5b permits for each enclosed shopping center. The number	985
of D-5b permits that may be issued at an enclosed shopping center	986
shall be determined by subtracting the number of D-3 and D-5	987
permits issued in the enclosed shopping center from the number of	988
D-5b permits that otherwise may be issued at the enclosed shopping	989
center under the formulas provided in this division. Except as	990
provided in this section, no quota shall be placed on the number	991
of D-5b permits that may be issued. Notwithstanding any quota	992
provided in this section, the holder of any D-5b permit first	993
issued in accordance with this section is entitled to its renewal	994
in accordance with section 4303.271 of the Revised Code.	995

The holder of a D-5b permit issued before April 4, 1984,	996
whose tenancy is terminated for a cause other than nonpayment of	997
rent, may return the D-5b permit to the division of liquor	998
control, and the division shall cancel that permit. Upon	999
cancellation of that permit and upon the permit holder's payment	1000
of taxes, contributions, premiums, assessments, and other debts	1001
owing or accrued upon the date of cancellation to this state and	1002
its political subdivisions and a filing with the division of a	1003
certification of that payment, the division shall issue to that	1004
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	1005
that person requests. The division shall issue the D-5 permit, or	1006
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	1007
D-3, or D-5 permits currently issued in the municipal corporation	1008
or in the unincorporated area of the township where that person's	1009
proposed premises is located equals or exceeds the maximum number	1010
of such permits that can be issued in that municipal corporation	1011
or in the unincorporated area of that township under the	1012
population quota restrictions contained in section 4303.29 of the	1013
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	1014
be transferred to another location. If a D-5b permit is canceled	1015
under the provisions of this paragraph, the number of D-5b permits	1016
that may be issued at the enclosed shopping center for which the	1017
D-5b permit was issued, under the formula provided in this	1018
division, shall be reduced by one if the enclosed shopping center	1019
was entitled to more than one D-5b permit under the formula.	1020

The fee for this permit is two thousand three hundred	1021
forty-four dollars.	1022

(C) Permit D-5c may be issued to the owner or operator of a	1023
retail food establishment or a food service operation licensed	1024
pursuant to Chapter 3717. of the Revised Code that operates as a	1025
restaurant for purposes of this chapter and that qualifies under	1026
the other requirements of this section to sell beer and any	1027
intoxicating liquor at retail, only by the individual drink in	1028
glass and from the container, for consumption on the premises	1029
where sold, and to sell the same products in the same manner and	1030
amounts not for consumption on the premises as may be sold by	1031
holders of D-1 and D-2 permits. In addition to the privileges	1032
authorized in this division, the holder of a D-5c permit may	1033
exercise the same privileges as the holder of a D-5 permit.	1034

To qualify for a D-5c permit, the owner or operator of a	1035
retail food establishment or a food service operation licensed	1036
pursuant to Chapter 3717. of the Revised Code that operates as a	1037
restaurant for purposes of this chapter, shall have operated the	1038
restaurant at the proposed premises for not less than twenty-four	1039
consecutive months immediately preceding the filing of the	1040
application for the permit, have applied for a D-5 permit no later	1041
than December 31, 1988, and appear on the division's quota waiting	1042
list for not less than six months immediately preceding the filing	1043
of the application for the permit. In addition to these	1044
requirements, the proposed D-5c permit premises shall be located	1045
within a municipal corporation and further within an election	1046
precinct that, at the time of the application, has no more than	1047
twenty-five per cent of its total land area zoned for residential	1048
use.	1049

A D-5c permit shall not be transferred to another location.	1050
No quota restriction shall be placed on the number of such permits	1051
that may be issued.	1052

Any person who has held a D-5c permit for at least two years	1053
may apply for a D-5 permit, and the division of liquor control	1054
shall issue the D-5 permit notwithstanding the quota restrictions	1055
contained in section 4303.29 of the Revised Code or in any rule of	1056
the liquor control commission.	1057

The fee for this permit is one thousand five hundred	1058
sixty-three dollars.	1059

(D) Permit D-5d may be issued to the owner or operator of a	1060
retail food establishment or a food service operation licensed	1061
pursuant to Chapter 3717. of the Revised Code that operates as a	1062
restaurant for purposes of this chapter and that is located at an	1063
airport operated by a board of county commissioners pursuant to	1064
section 307.20 of the Revised Code, at an airport operated by a	1065
port authority pursuant to Chapter 4582. of the Revised Code, or	1066
at an airport operated by a regional airport authority pursuant to	1067
Chapter 308. of the Revised Code. The holder of a D-5d permit may	1068
sell beer and any intoxicating liquor at retail, only by the	1069
individual drink in glass and from the container, for consumption	1070
on the premises where sold, and may sell the same products in the	1071
same manner and amounts not for consumption on the premises where	1072
sold as may be sold by the holders of D-1 and D-2 permits. In	1073
addition to the privileges authorized in this division, the holder	1074
of a D-5d permit may exercise the same privileges as the holder of	1075
a D-5 permit.	1076

A D-5d permit shall not be transferred to another location.	1077
No quota restrictions shall be placed on the number of such	1078
permits that may be issued.	1079

The fee for this permit is two thousand three hundred	1080
forty-four dollars.	1081

(E) Permit D-5e may be issued to any nonprofit organization	1082
that is exempt from federal income taxation under the "Internal	1083
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	1084
amended, or that is a charitable organization under any chapter of	1085
the Revised Code, and that owns or operates a riverboat that meets	1086
all of the following:	1087

(1) Is permanently docked at one location;

1088

(2) Is designated as an historical riverboat by the Ohio	1089
historical society;	1090

(3) Contains not less than fifteen hundred square feet of	1091
floor area;	1092

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

1093

The holder of a D-5e permit may sell beer and intoxicating	1094
liquor at retail, only by the individual drink in glass and from	1095
the container, for consumption on the premises where sold.	1096

A D-5e permit shall not be transferred to another location.	1097
No quota restriction shall be placed on the number of such permits	1098
that may be issued. The population quota restrictions contained	1099
in section 4303.29 of the Revised Code or in any rule of the	1100
liquor control commission shall not apply to this division, and	1101
the division shall issue a D-5e permit to any applicant who meets	1102
the requirements of this division. However, the division shall not	1103
issue a D-5e permit if the permit premises or proposed permit	1104
premises are located within an area in which the sale of	1105
spirituous liquor by the glass is prohibited.	1106

The fee for this permit is one thousand two hundred nineteen	1107
dollars.	1108

(F) Permit D-5f may be issued to the owner or operator of a	1109
retail food establishment or a food service operation licensed	1110
under Chapter 3717. of the Revised Code that operates as a	1111
restaurant for purposes of this chapter and that meets all of the	1112
following:	1113

(1) It contains not less than twenty-five hundred square feet	1114
of floor area.	1115

(2) It is located on or in, or immediately adjacent to, the	1116
shoreline of, a navigable river.	1117

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

1118

(4) It provides entertainment and recreation, provided that	1119
not less than fifty per cent of the business on the permit	1120
premises shall be preparing and serving meals for a consideration.	1121

In addition, each application for a D-5f permit shall be	1122
accompanied by a certification from the local legislative	1123
authority that the issuance of the D-5f permit is not inconsistent	1124
with that political subdivision's comprehensive development plan	1125
or other economic development goal as officially established by	1126
the local legislative authority.	1127

The holder of a D-5f permit may sell beer and intoxicating	1128
liquor at retail, only by the individual drink in glass and from	1129
the container, for consumption on the premises where sold.	1130

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

1131

The division of liquor control shall not issue a D-5f permit	1132
if the permit premises or proposed permit premises are located	1133
within an area in which the sale of spirituous liquor by the glass	1134
is prohibited.	1135

A fee for this permit is two thousand three hundred	1136
forty-four dollars.	1137

As used in this division, "navigable river" means a river	1138
that is also a "navigable water" as defined in the "Federal Power	1139
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	1140

(G) Permit D-5g may be issued to a nonprofit corporation that	1141
is either the owner or the operator of a national professional	1142
sports museum. The holder of a D-5g permit may sell beer and any	1143
intoxicating liquor at retail, only by the individual drink in	1144
glass and from the container, for consumption on the premises	1145
where sold. The holder of a D-5g permit shall sell no beer or	1146
intoxicating liquor for consumption on the premises where sold	1147
after one a.m. A D-5g permit shall not be transferred to another	1148
location. No quota restrictions shall be placed on the number of	1149
D-5g permits that may be issued. The fee for this permit is one	1150
thousand eight hundred seventy-five dollars.	1151

(H)(1) Permit D-5h may be issued to any nonprofit	1152
organization that is exempt from federal income taxation under the	1153
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1154
501(c)(3), as amended, that owns or operates any of the following:	1155

(a) A fine arts museum, provided that the nonprofit	1156
organization has no less than one thousand five hundred bona fide	1157
members possessing full membership privileges;	1158

(b) A community arts center. As used in division (H)(1)(b) of	1159
this section, "community arts center" means a facility that	1160
provides arts programming to the community in more than one arts	1161
discipline, including, but not limited to, exhibits of works of	1162
art and performances by both professional and amateur artists.	1163

(c) A community theater, provided that the nonprofit	1164
organization is a member of the Ohio arts council and the American	1165
community theatre association and has been in existence for not	1166
less than ten years. As used in division (H)(1)(c) of this	1167
section, "community theater" means a facility that contains at	1168
least one hundred fifty seats and has a primary function of	1169
presenting live theatrical performances and providing recreational	1170
opportunities to the community.	1171

(2) The holder of a D-5h permit may sell beer and any	1172
intoxicating liquor at retail, only by the individual drink in	1173
glass and from the container, for consumption on the premises	1174
where sold. The holder of a D-5h permit shall sell no beer or	1175
intoxicating liquor for consumption on the premises where sold	1176
after one a.m. A D-5h permit shall not be transferred to another	1177
location. No quota restrictions shall be placed on the number of	1178
D-5h permits that may be issued.	1179

(3) The fee for a D-5h permit is one thousand eight hundred	1180
seventy-five dollars.	1181

(I) Permit D-5i may be issued to the owner or operator of a	1182
retail food establishment or a food service operation licensed	1183
under Chapter 3717. of the Revised Code that operates as a	1184
restaurant for purposes of this chapter and that meets all of the	1185
following requirements:	1186

(1) It is located in a municipal corporation or a township	1187
with a population of one hundred thousand or less.	1188

(2) It has inside seating capacity for at least one hundred	1189
forty persons.	1190

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

1191

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

1192

(5) Its receipts from beer and liquor sales, excluding wine	1193
sales, do not exceed twenty-five per cent of its total gross	1194
receipts.	1195

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

1196

(a) The value of its real and personal property exceeds seven	1197
hundred twenty-five thousand dollars.	1198

(b) It is located on property that is owned or leased by the	1199
state or a state agency, and its owner or operator has	1200
authorization from the state or the state agency that owns or	1201
leases the property to obtain a D-5i permit.	1202

The holder of a D-5i permit shall cause an independent audit	1203
to be performed at the end of one full year of operation following	1204
issuance of the permit in order to verify the requirements of	1205
division (I)(5) of this section. The results of the independent	1206
audit shall be transmitted to the division. Upon determining that	1207
the receipts of the holder from beer and liquor sales, excluding	1208
wine sales, exceeded twenty-five per cent of its total gross	1209
receipts, the division shall suspend the permit of the permit	1210
holder under section 4301.25 of the Revised Code and may allow the	1211
permit holder to elect a forfeiture under section 4301.252 of the	1212
Revised Code.	1213

The holder of a D-5i permit may sell beer and any	1214
intoxicating liquor at retail, only by the individual drink in	1215
glass and from the container, for consumption on the premises	1216
where sold, and may sell the same products in the same manner and	1217
amounts not for consumption on the premises where sold as may be	1218
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	1219
permit shall sell no beer or intoxicating liquor for consumption	1220
on the premises where sold after two-thirty a.m. In addition to	1221
the privileges authorized in this division, the holder of a D-5i	1222
permit may exercise the same privileges as the holder of a D-5	1223
permit.	1224

A D-5i permit shall not be transferred to another location.	1225
The division of liquor control shall not renew a D-5i permit	1226
unless the retail food establishment or food service operation for	1227
which it is issued continues to meet the requirements described in	1228
divisions (I)(1) to (6) of this section. No quota restrictions	1229
shall be placed on the number of D-5i permits that may be issued.	1230
The fee for the D-5i permit is two thousand three hundred	1231
forty-four dollars.	1232

(J)(1) Permit D-5j may be issued to the owner or the operator	1233
of a retail food establishment or a food service operation	1234
licensed under Chapter 3717. of the Revised Code to sell beer and	1235
intoxicating liquor at retail, only by the individual drink in	1236
glass and from the container, for consumption on the premises	1237
where sold and to sell beer and intoxicating liquor in the same	1238
manner and amounts not for consumption on the premises where sold	1239
as may be sold by the holders of D-1 and D-2 permits. The holder	1240
of a D-5j permit may exercise the same privileges, and shall	1241
observe the same hours of operation, as the holder of a D-5	1242
permit.	1243

(2) The D-5j permit shall be issued only within a community	1244
entertainment district that is designated under section 4301.80 of	1245
the Revised Code and that meets one of the following	1246
qualifications:	1247

(a) It is located in a municipal corporation with a	1248
population of at least one hundred thousand.	1249

(b) It is located in a municipal corporation with a	1250
population of at least twenty thousand, and either of the	1251
following applies:	1252

(i) It contains an amusement park the rides of which have	1253
been issued a permit by the department of agriculture under	1254
Chapter 1711. of the Revised Code.	1255

(ii) Not less than fifty million dollars will be invested in	1256
development and construction in the community entertainment	1257
district's area located in the municipal corporation.	1258

(c) It is located in a township with a population of at least	1259
forty thousand.	1260

(d) It is located in a municipal corporation with a	1261
population of at least ten thousand, and not less than seventy	1262
million dollars will be invested in development and construction	1263
in the community entertainment district's area located in the	1264
municipal corporation.	1265

(e) It is located in a municipal corporation with a	1266
population of at least five thousand, and not less than one	1267
hundred million dollars will be invested in development and	1268
construction in the community entertainment district's area	1269
located in the municipal corporation.	1270

(3) The location of a D-5j permit may be transferred only	1271
within the geographic boundaries of the community entertainment	1272
district in which it was issued and shall not be transferred	1273
outside the geographic boundaries of that district.	1274

(4) Not more than one D-5j permit shall be issued within each	1275
community entertainment district for each five acres of land	1276
located within the district. Not more than fifteen D-5j permits	1277
may be issued within a single community entertainment district.	1278
Except as otherwise provided in division (J)(4) of this section,	1279
no quota restrictions shall be placed upon the number of D-5j	1280
permits that may be issued.	1281

(5) The fee for a D-5j permit is two thousand three hundred	1282
forty-four dollars.	1283

(K)(1) Permit D-5k may be issued to any nonprofit	1284
organization that is exempt from federal income taxation under the	1285
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1286
501(c)(3), as amended, that is the owner or operator of a	1287
botanical garden recognized by the American association of	1288
botanical gardens and arboreta, and that has not less than	1289
twenty-five hundred bona fide members.	1290

(2) The holder of a D-5k permit may sell beer and any	1291
intoxicating liquor at retail, only by the individual drink in	1292
glass and from the container, on the premises where sold.	1293

(3) The holder of a D-5k permit shall sell no beer or	1294
intoxicating liquor for consumption on the premises where sold	1295
after one a.m.	1296

(4) A D-5k permit shall not be transferred to another	1297
location.	1298

(5) No quota restrictions shall be placed on the number of	1299
D-5k permits that may be issued.	1300

(6) The fee for the D-5k permit is one thousand eight hundred	1301
seventy-five dollars.	1302

(L)(1) Permit D-5l may be issued to the owner or the operator	1303
of a retail food establishment or a food service operation	1304
licensed under Chapter 3717. of the Revised Code to sell beer and	1305
intoxicating liquor at retail, only by the individual drink in	1306
glass and from the container, for consumption on the premises	1307
where sold and to sell beer and intoxicating liquor in the same	1308
manner and amounts not for consumption on the premises where sold	1309
as may be sold by the holders of D-1 and D-2 permits. The holder	1310
of a D-5l permit may exercise the same privileges, and shall	1311
observe the same hours of operation, as the holder of a D-5	1312
permit.	1313

(2) The D-5l permit shall be issued only to a premises that	1314
has gross annual receipts from the sale of food and meals that	1315
constitute not less than seventy-five per cent of its total gross	1316
annual receipts, that is located within a revitalization district	1317
that is designated under section 4301.81 of the Revised Code,	1318
that is located in a municipal corporation or township in which	1319
the number of D-5 permits issued exceeds the number of those	1320
permits that may be issued in that municipal corporation or	1321
township under section 4303.29 of the Revised Code, and that is	1322
located in a county with a population of one hundred twenty-five	1323
thousand or less according to the population estimates certified	1324
by the department of development for calendar year 2006.	1325

(3) The location of a D-5l permit may be transferred only	1326
within the geographic boundaries of the revitalization district in	1327
which it was issued and shall not be transferred outside the	1328
geographic boundaries of that district.	1329

(4) Not more than one D-5l permit shall be issued within each	1330
revitalization district for each five acres of land located within	1331
the district. Not more than five D-5l permits may be issued within	1332
a single revitalization district. Except as otherwise provided in	1333
division (L)(4) of this section, no quota restrictions shall be	1334
placed upon the number of D-5l permits that may be issued.	1335

(5) The fee for a D-5l permit is two thousand three hundred	1336
forty-four dollars.	1337

(M) Permit D-5m may be issued to either the owner or the	1338
operator of a retail food establishment or food service operation	1339
licensed under Chapter 3717. of the Revised Code that operates as	1340
a restaurant for purposes of this chapter and that is located in,	1341
or affiliated with, a center for the preservation of wild animals	1342
as defined in section 4301.404 of the Revised Code, to sell beer	1343
and any intoxicating liquor at retail, only by the glass and from	1344
the container, for consumption on the premises where sold, and to	1345
sell the same products in the same manner and amounts not for	1346
consumption on the premises as may be sold by the holders of D-1	1347
and D-2 permits. In addition to the privileges authorized by this	1348
division, the holder of a D-5m permit may exercise the same	1349
privileges as the holder of a D-5 permit.	1350

A D-5m permit shall not be transferred to another location.	1351
No quota restrictions shall be placed on the number of D-5m	1352
permits that may be issued. The fee for a permit D-5m is two	1353
thousand three hundred forty-four dollars.	1354

Sec. 4303.182.  (A) Except as otherwise provided in divisions	1355
(B) to (J) of this section, permit D-6 shall be issued to the	1356
holder of an A-1-A, A-2, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5,	1357
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	1358
D-5l, D-5m, or D-7 permit to allow sale under that permit between	1359
the hours of ten a.m. and midnight, or between the hours of one	1360
p.m. and midnight, on Sunday, as applicable, if that sale has	1361
been authorized under section 4301.361, 4301.364, 4301.365, or	1362
4301.366 of the Revised Code and under the restrictions of that	1363
authorization.	1364

(B) Permit D-6 shall be issued to the holder of any permit,	1365
including a D-4a and D-5d permit, authorizing the sale of	1366
intoxicating liquor issued for a premises located at any publicly	1367
owned airport, as defined in section 4563.01 of the Revised Code,	1368
at which commercial airline companies operate regularly scheduled	1369
flights on which space is available to the public, to allow sale	1370
under such permit between the hours of ten a.m. and midnight on	1371
Sunday, whether or not that sale has been authorized under section	1372
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	1373

(C) Permit D-6 shall be issued to the holder of a D-5a	1374
permit, and to the holder of a D-3 or D-3a permit who is the owner	1375
or operator of a hotel or motel that is required to be licensed	1376
under section 3731.03 of the Revised Code, that contains at least	1377
fifty rooms for registered transient guests, and that has on its	1378
premises a retail food establishment or a food service operation	1379
licensed pursuant to Chapter 3717. of the Revised Code that	1380
operates as a restaurant for purposes of this chapter and is	1381
affiliated with the hotel or motel and within or contiguous to the	1382
hotel or motel and serving food within the hotel or motel, to	1383
allow sale under such permit between the hours of ten a.m. and	1384
midnight on Sunday, whether or not that sale has been authorized	1385
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	1386
Revised Code.	1387

(D) The holder of a D-6 permit that is issued to a sports	1388
facility may make sales under the permit between the hours of	1389
eleven a.m. and midnight on any Sunday on which a professional	1390
baseball, basketball, football, hockey, or soccer game is being	1391
played at the sports facility. As used in this division, "sports	1392
facility" means a stadium or arena that has a seating capacity of	1393
at least four thousand and that is owned or leased by a	1394
professional baseball, basketball, football, hockey, or soccer	1395
franchise or any combination of those franchises.	1396

(E) Permit D-6 shall be issued to the holder of any permit	1397
that authorizes the sale of beer or intoxicating liquor and that	1398
is issued to a premises located in or at the Ohio historical	1399
society area or the state fairgrounds, as defined in division (B)	1400
of section 4301.40 of the Revised Code, to allow sale under that	1401
permit between the hours of ten a.m. and midnight on Sunday,	1402
whether or not that sale has been authorized under section	1403
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	1404

(F) Permit D-6 shall be issued to the holder of any permit	1405
that authorizes the sale of intoxicating liquor and that is issued	1406
to an outdoor performing arts center to allow sale under that	1407
permit between the hours of one p.m. and midnight on Sunday,	1408
whether or not that sale has been authorized under section	1409
4301.361 of the Revised Code. A D-6 permit issued under this	1410
division is subject to the results of an election, held after the	1411
D-6 permit is issued, on question (B)(4) as set forth in section	1412
4301.351 of the Revised Code. Following the end of the period	1413
during which an election may be held on question (B)(4) as set	1414
forth in that section, sales of intoxicating liquor may continue	1415
at an outdoor performing arts center under a D-6 permit issued	1416
under this division, unless an election on that question is held	1417
during the permitted period and a majority of the voters voting in	1418
the precinct on that question vote "no."	1419

As used in this division, "outdoor performing arts center"	1420
means an outdoor performing arts center that is located on not	1421
less than eight hundred acres of land and that is open for	1422
performances from the first day of April to the last day of	1423
October of each year.	1424

(G) Permit D-6 shall be issued to the holder of any permit	1425
that authorizes the sale of beer or intoxicating liquor and that	1426
is issued to a golf course owned by the state, a conservancy	1427
district, a park district created under Chapter 1545. of the	1428
Revised Code, or another political subdivision to allow sale under	1429
that permit between the hours of ten a.m. and midnight on Sunday,	1430
whether or not that sale has been authorized under section	1431
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	1432

(H) Permit D-6 shall be issued to the holder of a D-5g permit	1433
to allow sale under that permit between the hours of ten a.m. and	1434
midnight on Sunday, whether or not that sale has been authorized	1435
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	1436
Revised Code.	1437

(I) Permit D-6 shall be issued to the holder of any D permit	1438
for a premises that is licensed under Chapter 3717. of the Revised	1439
Code and that is located at a ski area to allow sale under the D-6	1440
permit between the hours of ten a.m. and midnight on Sunday,	1441
whether or not that sale has been authorized under section	1442
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	1443

As used in this division, "ski area" means a ski area as	1444
defined in section 4169.01 of the Revised Code, provided that the	1445
passenger tramway operator at that area is registered under	1446
section 4169.03 of the Revised Code.	1447

(J) Permit D-6 shall be issued to the holder of a D-5j permit	1448
for a permit premises that is located in a community entertainment	1449
district, as defined in section 4301.80 of the Revised Code, that	1450
was approved by the legislative authority of a municipal	1451
corporation under that section between October 1 and October 15,	1452
2005, to allow sale under the permit between the hours of ten a.m.	1453
and midnight on Sunday, whether or not that sale has been	1454
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	1455
of the Revised Code.	1456

(K) If the restriction to licensed premises where the sale of	1457
food and other goods and services exceeds fifty per cent of the	1458
total gross receipts of the permit holder at the premises is	1459
applicable, the division of liquor control may accept an affidavit	1460
from the permit holder to show the proportion of the permit	1461
holder's gross receipts derived from the sale of food and other	1462
goods and services. If the liquor control commission determines	1463
that affidavit to have been false, it shall revoke the permits of	1464
the permit holder at the premises concerned.	1465

(L) The fee for the D-6 permit is five hundred dollars when	1466
it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, D-4,	1467
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	1468
D-5j, D-5k, D-5l, D-5m, or D-7 permit. The fee for the D-6 permit	1469
is four hundred dollars when it is issued to the holder of a C-2	1470
permit.	1471

Sec. 4303.184.  (A) Subject to division (B) of this section,	1472
a D-8 permit may be issued to the holder of a C-1, C-2, or C-2x	1473
permit issued to a retail store that has either of the following	1474
characteristics:	1475

(1) The store has at least five thousand five hundred square	1476
feet of floor area, and it generates more than sixty per cent of	1477
its sales in general merchandise items and food for consumption	1478
off the premises where sold.	1479

(2) Wine constitutes at least sixty per cent of the value of	1480
the store's inventory.	1481

(B) A D-8 permit may be issued to the holder of a C-1, C-2,	1482
or C-2x permit only if the premises of the permit holder are	1483
located in a precinct, or at a particular location in a precinct,	1484
in which the sale of beer, wine, or mixed beverages is permitted	1485
for consumption off the premises where sold. Sales under a D-8	1486
permit are not affected by whether sales for consumption on the	1487
premises where sold are permitted in the precinct or at the	1488
particular location where the D-8 premises are located.	1489

(C) The holder of a D-8 permit may sell tasting samples of	1490
beer, wine, and mixed beverages, but not spirituous liquor, at	1491
retail, for consumption on the premises where sold in an amount	1492
not to exceed two ounces or another amount designated by rule of	1493
the liquor control commission. A tasting sample shall not be sold	1494
for general consumption. No D-8 permit holder shall allow any	1495
authorized purchaser to consume more than four tasting samples of	1496
beer, wine, or mixed beverages, or any combination of beer, wine,	1497
or mixed beverages, per day.	1498

(D) The privileges authorized under a D-8 permit may only be	1499
exercised in conjunction with and during the hours of operation	1500
authorized by a C-1, C-2, C-2x, or D-6 permit.	1501

(E) A D-8 permit shall not be transferred to another	1502
location.	1503

(F) The fee for the D-8 permit is five hundred dollars.

1504

(G) The holder of a D-8 permit shall cause an independent	1505
audit to be performed at the end of the first full year of	1506
operation following issuance of the permit, and at the end of each	1507
second year thereafter, in order to verify that the permit holder	1508
satisfies the applicable requirement of division (A)(1) or (2) of	1509
this section. The permit holder shall transmit the results of the	1510
independent audit to the division of liquor control. If the	1511
results of the audit indicate noncompliance with division (A) of	1512
this section, the division shall not renew the D-8 permit of the	1513
permit holder.	1514

Sec. 4303.232.  (A)(1) Except as provided in division (A)(2)	1515
of this section, permitPermit S may be issued to a person that	1516
manufactures wine, is the brand owner or United States importer of	1517
wine, or is the designated agent of a brand owner or importer for	1518
all wine sold in this state for that owner or importer, or	1519
manufactures wine if such manufacturer is entitled to a tax credit	1520
under 27 C.F.R. 24.278 and produces less than two hundred fifty	1521
thousand gallons of wine per year. If the person resides outside	1522
this state, the person shall comply with the requirements	1523
governing the issuance of licenses or permits that authorize the	1524
sale of intoxicating liquor by the appropriate authority of the	1525
state in which the person resides or by the alcohol and tobacco	1526
tax and trade bureau of the United States department of the	1527
treasury.	1528

(2) An S permit shall only be issued to a manufacturer of	1529
wine that is entitled to a tax credit under 27 C.F.R. 24.278 and	1530
that produces less than one hundred fifty thousand gallons of wine	1531
per year.	1532

(3) The fee for the S permit is twenty-five dollars.

1533

(4)(3) The holder of an S permit may sell wine to a personal	1534
consumer by receiving and filling orders that the personal	1535
consumer submits to the permit holder. The permit holder shall	1536
sell only wine that the permit holder has manufactured to a	1537
personal consumer.	1538

(5)(4) The holder of an S permit shall renew the permit in	1539
accordance with section 4303.271 of the Revised Code, except that	1540
the renewal shall not be subject to the notice and hearing	1541
requirements established in division (B) of that section.	1542

(6)(5) The division of liquor control may refuse to renew an	1543
S permit for any of the reasons specified in section 4303.292 of	1544
the Revised Code or if the holder of the permit fails to do any	1545
of the following:	1546

(a) Collect and pay all applicable taxes specified in	1547
division (B) of this section;	1548

(b) Pay the permit fee;

1549

(c) Comply with this section or any rules adopted by the	1550
liquor control commission under section 4301.03 of the Revised	1551
Code.	1552

(B) The holder of an S permit shall collect and pay all	1553
applicablethe taxes relating to the delivery of wine to a	1554
personal consumer, including, but not limited to, taxesthat are	1555
levied under sections 4301.421 and 4301.434301.432 and Chapters	1556
5739. and 5741. of the Revised Code.	1557

(C)(1) The holder of an S permit shall send a shipment of	1558
wine that has been paid for by a personal consumer to that	1559
personal consumer via the holder of an H permit. Prior to sending	1560
a shipment of wine to a personal consumer, the holder of an S	1561
permit, or an employee of the permit holder, shall make a bona	1562
fide effort to ensure that the personal consumer is at least	1563
twenty-one years of age. The shipment of wine shall be shipped in	1564
a package that clearly has written on it in bold print the words	1565
"alcohol enclosed." No person shall fail to comply with division	1566
(C)(1) of this section.	1567

(2) Upon delivering a shipment of wine to a personal	1568
consumer, the holder of the H permit, or an employee of the permit	1569
holder, shall verify that the personal consumer is at least	1570
twenty-one years of age by checking the personal consumer's	1571
driver's or commercial driver's license or identification card	1572
issued under sections 4507.50 to 4507.52 of the Revised Code.	1573

(3) The holder of an S permit shall keep a record of each	1574
shipment of wine that the permit holder sends to a personal	1575
consumer. The records shall be used for all of the following:	1576

(a) To provide a copy of each wine shipment invoice to the	1577
tax commissioner in a manner prescribed by the commissioner. The	1578
invoice shall include the name of each personal consumer that	1579
purchased wine from the S permit holder in accordance with this	1580
section and any other information required by the tax	1581
commissioner.	1582

(b) To provide annually in electronic format by electronic	1583
means a report to the division. The report shall include the name	1584
and address of each personal consumer that purchased wine from the	1585
S permit holder in accordance with this section, the quantity of	1586
wine purchased by each personal consumer, and any other	1587
information requested by the division. The division shall	1588
prescribe and provide an electronic form for the report and shall	1589
determine the specific electronic means that the S permit holder	1590
must use to submit the report.	1591

(c) To notify a personal consumer of any health or welfare	1592
recalls of the wine that has been purchased by the personal	1593
consumer.	1594

(D) As used in this section, "personal consumer" means an	1595
individual who is at least twenty-one years of age, is a resident	1596
of this state, does not hold a permit issued under this chapter,	1597
and intends to use wine purchased in accordance with this section	1598
for personal consumption only and not for resale or other	1599
commercial purposes.	1600

(E) The holder of an S permit shall comply with this chapter,	1601
Chapter 4301. of the Revised Code, and any rules adopted by the	1602
liquor control commission under section 4301.03 of the Revised	1603
Code.	1604

Sec. 4303.233. No family household shall purchase more than	1605
twenty-four cases of nine-litertwelve bottles of seven hundred	1606
fifty milliliters of wine in one year.	1607

Sec. 4303.234. All B-2a and S permit holders are subject to	1608
the following:	1609

(A) Audit by the division of liquor control or the department	1610
of taxation;	1611

(B) Jurisdiction of the liquor control commission, the	1612
division of liquor control, the department of taxation, the	1613
department of public safety, and the courts of this state; and	1614

(C) The statutes and rules of this state.

1615

Sec. 4303.25.  No person personally or by the person's clerk,	1616
agent, or employee shall manufacture, manufacture for sale, offer,	1617
keep, or possess for sale, furnish or sell, or solicit the	1618
purchase or sale of any beer or intoxicating liquor in this state,	1619
or transport, import, or cause to be transported or imported any	1620
beer, intoxicating liquor, or alcohol in or into this state for	1621
delivery, use, or sale, unless the person has fully complied with	1622
this chapter and Chapter 4301. of the Revised Code or is the	1623
holder of a permit issued by the division of liquor control and in	1624
force at the time.	1625

The superintendent of liquor control may adopt rules	1626
requiring a person acting as an agent, solicitor, or salesperson	1627
for a manufacturer, supplier, broker, or wholesale distributor,	1628
who solicits permit holders authorized to deal in beer and	1629
intoxicating liquor, to be registered with the division and may	1630
cite the registrant to the liquor control commission for a	1631
violation of this chapter, Chapter 4301. of the Revised Code, or	1632
the rules adopted by the commission or superintendent.	1633

No manufacturer, supplier, wholesale distributor, broker, or	1634
retailer of beer or intoxicating liquor, or other person shall	1635
employ, retain, or otherwise utilize any person in this state to	1636
act as an employee, agent, solicitor, or salesperson, or act in	1637
any other representative capacity to sell, solicit, take orders,	1638
or receive offers to purchase or expressions of interest to	1639
purchase beer or intoxicating liquor from any person, at any	1640
location other than a liquor permit premises, except as	1641
specifically authorized by Chapter 4301. or 4303. of the Revised	1642
Code or rules adopted thereunder. No function, event, or party	1643
shall take place at any location other than a liquor permit	1644
premises where any person acts in any manner to sell, solicit,	1645
take orders, or receive offers to purchase or expressions of	1646
intent to purchase beer or intoxicating liquor to or from any	1647
person, except as specifically authorized by Chapter 4301. or	1648
4303. of the Revised Code or rules adopted thereunder.	1649

Sec. 4303.27.  Each permit issued under sections 4303.02 to	1650
4303.234303.232 of the Revised Code shall authorize the person	1651
named to carry on the business specified at the place or in the	1652
boat, vessel, or classes of dining car equipment described, and	1653
shall be issued for one year, or part of one year, commencing on	1654
the day after the uniform expiration dates designated by the	1655
division of liquor control, or for the unexpired portion of such	1656
year, and no longer, subject to suspension, revocation, or	1657
cancellation as authorized or required by this chapter or Chapter	1658
4301. of the Revised Code. Upon application by a permit holder,	1659
the superintendent of liquor control may expand during specified	1660
seasons of the year the premises for which the permit holder's	1661
permit was issued to include a premises immediately adjacent to	1662
the premises for which the permit was issued, so long as the	1663
immediately adjacent premises is under the permit holder's	1664
ownership and control and is located in an area where sales under	1665
the permit are not prohibited because of a local option election.	1666
Whenever the superintendent considers it advisable to cancel the	1667
unexpired portion of an outstanding permit in order that the	1668
permit may be issued on one of the uniform expiration dates	1669
designated by the superintendent, the superintendent shall credit	1670
to the holder a proportionate amount representing the unexpired	1671
portion of the permit year pursuant to section 4301.41 of the	1672
Revised Code. Such permit does not authorize the person named to	1673
carry on the business specified at any place or in any vehicle,	1674
boat, vessel, or class of dining car equipment other than that	1675
named, nor does it authorize any person other than the one named	1676
in such permit to carry on that business at the place or in the	1677
vehicle, boat, vessel, or class of dining car equipment named,	1678
except pursuant to compliance with the rules and orders of the	1679
division governing the assignment and transfer of permits, and	1680
with the consent of the division. The holder of a G permit may	1681
substitute the name of another licensed pharmacist for that	1682
entered on the permit, subject to rules of the division.	1683

This chapter and Chapter 4301. of the Revised Code do not	1684
prohibit the holder of an A, B, C, or D permit from making	1685
deliveries of beer or intoxicating liquor containing not more than	1686
twenty-one per cent of alcohol by volume, or prohibit the holder	1687
of an A or B permit from selling or distributing beer or	1688
intoxicating liquor to a person at a place outside this state, or	1689
prohibit the holder of any such a permit, or an H permit, from	1690
delivering any beer or intoxicating liquor so sold from a point in	1691
this state to a point outside this state.	1692

Sec. 4303.271.  (A) Except as provided in divisions (B) and	1693
(D) of this section, the holder of a permit issued under sections	1694
4303.02 to 4303.234303.232 of the Revised Code, who files an	1695
application for the renewal of the same class of permit for the	1696
same premises, shall be entitled to the renewal of the permit. The	1697
division of liquor control shall renew the permit unless the	1698
division rejects for good cause any renewal application, subject	1699
to the right of the applicant to appeal the rejection to the	1700
liquor control commission.	1701

(B) The legislative authority of the municipal corporation,	1702
the board of township trustees, or the board of county	1703
commissioners of the county in which a permit premises is located	1704
may object to the renewal of a permit issued under sections	1705
4303.11 to 4303.183 of the Revised Code for any of the reasons	1706
contained in division (A) of section 4303.292 of the Revised Code.	1707
Any objection shall be made no later than thirty days prior to the	1708
expiration of the permit, and the division shall accept the	1709
objection if it is postmarked no later than thirty days prior to	1710
the expiration of the permit. The objection shall be made by a	1711
resolution specifying the reasons for objecting to the renewal and	1712
requesting a hearing, but no objection shall be based upon	1713
noncompliance of the permit premises with local zoning regulations	1714
that prohibit the sale of beer or intoxicating liquor in an area	1715
zoned for commercial or industrial uses, for a permit premises	1716
that would otherwise qualify for a proper permit issued by the	1717
division. The resolution shall be accompanied by a statement by	1718
the chief legal officer of the political subdivision that, in the	1719
chief legal officer's opinion, the objection is based upon	1720
substantial legal grounds within the meaning and intent of	1721
division (A) of section 4303.292 of the Revised Code.	1722

Upon receipt of a resolution of a legislative authority or	1723
board objecting to the renewal of a permit and a statement from	1724
the chief legal officer, the division shall set a time for the	1725
hearing and send by certified mail to the permit holder, at the	1726
permit holder's usual place of business, a copy of the resolution	1727
and notice of the hearing. The division shall then hold a hearing	1728
in the central office of the division, except that, upon written	1729
request of the legislative authority or board, the hearing shall	1730
be held in the county seat of the county in which the permit	1731
premises is located, to determine whether the renewal shall be	1732
denied for any of the reasons contained in division (A) of section	1733
4303.292 of the Revised Code. Only the reasons for refusal	1734
contained in division (A) of section 4303.292 of the Revised Code	1735
and specified in the resolution of objection shall be considered	1736
at the hearing.	1737

The permit holder and the objecting legislative authority or	1738
board shall be parties to the proceedings under this section and	1739
shall have the right to be present, to be represented by counsel,	1740
to offer evidence, to require the attendance of witnesses, and to	1741
cross-examine witnesses at the hearing.	1742

(C) An application for renewal of a permit shall be filed	1743
with the division at least fifteen days prior to the expiration of	1744
an existing permit, and the existing permit shall continue in	1745
effect as provided in section 119.06 of the Revised Code until the	1746
application is approved or rejected by the division. Any holder of	1747
a permit, which has expired through failure to be renewed as	1748
provided in this section, shall obtain a renewal of the permit,	1749
upon filing an application for renewal with the division, at any	1750
time within thirty days from the date of the expired permit. A	1751
penalty of ten per cent of the permit fee shall be paid by the	1752
permit holder if the application for renewal is not filed at least	1753
fifteen days prior to the expiration of the permit.	1754

(D)(1) Annually, the tax commissioner shall cause the sales	1755
and withholding tax records in the department of taxation for each	1756
holder of a permit issued under sections 4303.02 to 4303.23	1757
4303.232 of the Revised Code to be examined to determine if the	1758
permit holder is delinquent in filing any sales or withholding tax	1759
returns or has any outstanding liability for sales or withholding	1760
tax, penalties, or interest imposed pursuant to Chapter 5739. or	1761
sections 5747.06 and 5747.07 of the Revised Code. If any	1762
delinquency or liability exists, the commissioner shall send a	1763
notice of that fact by certified mail, return receipt requested,	1764
to the permit holder at the mailing address shown in the records	1765
of the department. The notice shall specify, in as much detail as	1766
is possible, the periods for which returns have not been filed and	1767
the nature and amount of unpaid assessments and other liabilities	1768
and shall be sent on or before the first day of the third month	1769
preceding the month in which the permit expires. The commissioner	1770
also shall notify the division of liquor control of the	1771
delinquency or liability, identifying the permit holder by name	1772
and permit number.	1773

(2)(a) Except as provided in division (D)(4) of this section,	1774
the division of liquor control shall not renew the permit of any	1775
permit holder the tax commissioner has identified as being	1776
delinquent in filing any sales or withholding tax returns or as	1777
being liable for outstanding sales or withholding tax, penalties,	1778
or interest as of the first day of the sixth month preceding the	1779
month in which the permit expires, or of any permit holder the	1780
commissioner has identified as having been assessed by the	1781
department on or before the first day of the third month preceding	1782
the month in which the permit expires, until the division is	1783
notified by the tax commissioner that the delinquency, liability,	1784
or assessment has been resolved.	1785

(b)(i) Within ninety days after the date on which the permit	1786
expires, any permit holder whose permit is not renewed under this	1787
division may file an appeal with the liquor control commission.	1788
The commission shall notify the tax commissioner regarding the	1789
filing of any such appeal. During the period in which the appeal	1790
is pending, the permit shall not be renewed by the division. The	1791
permit shall be reinstated if the permit holder and the tax	1792
commissioner or the attorney general demonstrate to the liquor	1793
control commission that the commissioner's notification of a	1794
delinquency or assessment was in error or that the issue of the	1795
delinquency or assessment has been resolved.	1796

(ii) A permit holder who has filed an appeal under division	1797
(D)(2)(b)(i) of this section may file a motion to withdraw the	1798
appeal. The division of liquor control may renew a permit holder's	1799
permit if the permit holder has withdrawn such an appeal and the	1800
division receives written certification from the tax commissioner	1801
that the permit holder's delinquency or assessment has been	1802
resolved.	1803

(3) A permit holder notified of delinquency or liability	1804
under this section may protest the notification to the tax	1805
commissioner on the basis that no returns are delinquent and no	1806
tax, penalties, or interest is outstanding. The commissioner	1807
shall expeditiously consider any evidence submitted by the permit	1808
holder and, if it is determined that the notification was in	1809
error, immediately shall inform the division of liquor control	1810
that the renewal application may be granted. The renewal shall not	1811
be denied if the delinquency or unreported liability is the	1812
subject of a bona fide dispute pursuant to section 5717.02,	1813
5717.04, 5739.13, or 5747.13 of the Revised Code.	1814

(4) If the commissioner concludes that under the	1815
circumstances the permit holder's delinquency or liability has	1816
been conditionally resolved, the commissioner shall allow the	1817
permit to be renewed, conditioned upon the permit holder's	1818
continuing performance in satisfying the delinquency and	1819
liability. The conditional nature of the renewal shall be	1820
specified in the notification given to the division of liquor	1821
control under division (D)(1) of this section. Upon receipt of	1822
notice of the resolution, the division shall issue a conditional	1823
renewal. If the taxpayer defaults on any agreement to pay the	1824
delinquency or liability or fails to keep subsequent tax payments	1825
current, the liquor control commission, upon request and proof of	1826
the default or failure to keep subsequent tax payments current,	1827
shall indefinitely suspend the permit holder's permit until all	1828
taxes and interest due are paid.	1829

(5) The commissioner may adopt rules to assist in	1830
administering the duties imposed by this section.	1831

Sec. 4303.29.  (A) No permit, other than an H permit, shall	1832
be issued to a firm or partnership unless all the members of the	1833
firm or partnership are citizens of the United States and a	1834
majority have resided in this state for one year prior to	1835
application for the permit. No permit, other than an H permit,	1836
shall be issued to an individual who is not a citizen of the	1837
United States who has resided in this state for at least one year	1838
prior to application for the permit. No permit, other than an E or	1839
H permit, shall be issued to any corporation organized under the	1840
laws of any country, territory, or state other than this state	1841
until it has furnished the division of liquor control with	1842
evidence that it has complied with the laws of this state relating	1843
to the transaction of business in this state.	1844

The division may refuse to issue any permit to or refuse to	1845
renew any permit of any person convicted of any felony that is	1846
reasonably related to the person's fitness to operate a liquor	1847
permit business in this state. No holder of a permit shall sell,	1848
assign, transfer, or pledge the permit without the written consent	1849
of the division.	1850

(B)(1) No D-3 permit shall be issued to any club unless the	1851
club has been continuously engaged in the activity specified in	1852
section 4303.15 of the Revised Code, as a qualification for that	1853
class of permit, for two years at the time the permit is issued.	1854

(2)(a) Subject to division (B)(2)(b) of this section, upon	1855
application by properly qualified persons, one C-1 and C-2 permit	1856
shall be issued for each one thousand population or part of that	1857
population, and one D-1 and D-2 permit shall be issued for each	1858
two thousand population or part of that population, in each	1859
municipal corporation and in the unincorporated area of each	1860
township.	1861

Subject to division (B)(2)(b) of this section, not more than	1862
one D-3, D-4, or D-5 permit shall be issued for each two thousand	1863
population or part of that population in any municipal corporation	1864
and in the unincorporated area of any township, except that, in	1865
any city of a population of fifty-five thousand or more, one D-3	1866
permit may be issued for each fifteen hundred population or part	1867
of that population.	1868

(b)(i) Division (B)(2)(a) of this section does not prohibit	1869
the transfer of location or the transfer of ownership and location	1870
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal	1871
corporation or the unincorporated area of a township in which the	1872
number of permits of that class exceeds the number of such permits	1873
authorized to be issued under division (B)(2)(a) of this section	1874
to an economic development project located in another municipal	1875
corporation or the unincorporated area of another township in	1876
which no additional permits of that class may be issued to the	1877
applicant under division (B)(2)(a) of this section, but the	1878
transfer of location or transfer of ownership and location of the	1879
permit may occur only if the applicant notifies the municipal	1880
corporation or township to which the location of the permit will	1881
be transferred regarding the transfer and that municipal	1882
corporation or township acknowledges in writing to the division of	1883
liquor control, at the time the application for the transfer of	1884
location or transfer of ownership and location of the permit is	1885
filed, that the transfer will be to an economic development	1886
project. This acknowledgment by the municipal corporation or	1887
township does not prohibit it from requesting a hearing under	1888
section 4303.26 of the Revised Code. The applicant is eligible to	1889
apply for and receive the transfer of location of the permit under	1890
division (B)(2)(b) of this section if all permits of that class	1891
that may be issued under division (B)(2)(a) of this section in the	1892
applicable municipal corporation or unincorporated area of the	1893
township have already been issued or if the number of applications	1894
filed for permits of that class in that municipal corporation or	1895
the unincorporated area of that township exceed the number of	1896
permits of that class that may be issued there under division	1897
(B)(2)(a) of this section.	1898

A permit transferred under division (B)(2)(b) of this section	1899
may be subsequently transferred to a different owner at the same	1900
location, or to the same owner or a different owner at a different	1901
location in the same municipal corporation or in the	1902
unincorporated area of the same township, as long as the same or	1903
new location meets the economic development project criteria set	1904
forth in this section.	1905

(ii) Factors that shall be used to determine the designation	1906
of an economic development project include, but are not limited	1907
to, architectural certification of the plans and the cost of the	1908
project, the number of jobs that will be created by the project,	1909
projected earnings of the project, projected tax revenues for the	1910
political subdivisions in which the project will be located, and	1911
the amount of financial investment in the project. The	1912
superintendent of liquor control shall determine whether the	1913
existing or proposed business that is seeking a permit described	1914
in division (B)(2)(b) of this section qualifies as an economic	1915
development project and, if the superintendent determines that it	1916
so qualifies, shall designate the business as an economic	1917
development project.	1918

(3) Nothing in this section shall be construed to restrict	1919
the issuance of a permit to a municipal corporation for use at a	1920
municipally owned airport at which commercial airline companies	1921
operate regularly scheduled flights on which space is available to	1922
the public. A municipal corporation applying for a permit for such	1923
a municipally owned airport is exempt, in regard to that	1924
application, from the population restrictions contained in this	1925
section and from population quota restrictions contained in any	1926
rule of the liquor control commission. A municipal corporation	1927
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a	1928
municipally owned airport is subject to section 4303.31 of the	1929
Revised Code.	1930

(4) Nothing in this section shall be construed to prohibit	1931
the issuance of a D permit to the board of trustees of a soldiers'	1932
memorial for a premises located at a soldiers' memorial	1933
established pursuant to Chapter 345. of the Revised Code. An	1934
application for a D permit by the board for those premises is	1935
exempt from the population restrictions contained in this section	1936
and from the population quota restrictions contained in any rule	1937
of the liquor control commission. The location of a D permit	1938
issued to the board for those premises shall not be transferred. A	1939
board of trustees of a soldiers' memorial applying for a D-1, D-2,	1940
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to	1941
section 4303.31 of the Revised Code.	1942

(5) Nothing in this section shall be construed to restrict	1943
the issuance of a permit for a premises located at a golf course	1944
owned by a municipal corporation, township, or county, owned by a	1945
park district created under Chapter 1545. of the Revised Code, or	1946
owned by the state. The location of such a permit issued on or	1947
after September 26, 1984, for a premises located at such a golf	1948
course shall not be transferred. Any application for such a permit	1949
is exempt from the population quota restrictions contained in this	1950
section and from the population quota restrictions contained in	1951
any rule of the liquor control commission. A municipal	1952
corporation, township, county, park district, or state agency	1953
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf	1954
course is subject to section 4303.31 of the Revised Code.	1955

(6) As used in division (B)(6) of this section, "fair" has	1956
the same meaning as in section 991.01 of the Revised Code; "state	1957
fairgrounds" means the property that is held by the state for the	1958
purpose of conducting fairs, expositions, and exhibits and that is	1959
maintained and managed by the Ohio expositions commission under	1960
section 991.03 of the Revised Code; "capitol square" has the same	1961
meaning as in section 105.41 of the Revised Code; and "Ohio	1962
judicial center" means the site of the Ohio supreme court and its	1963
grounds.	1964

Nothing in this section shall be construed to restrict the	1965
issuance of one or more D permits to one or more applicants for	1966
all or a part of the state fairgrounds, capitol square, or the	1967
Ohio judicial center. An application for a D permit for the state	1968
fairgrounds, capitol square, or the Ohio judicial center is exempt	1969
from the population quota restrictions contained in this section	1970
and from the population quota restrictions contained in any rule	1971
of the liquor control commission. The location of a D permit	1972
issued for the state fairgrounds, capitol square, or the Ohio	1973
judicial center shall not be transferred. An applicant for a D-1,	1974
D-2, D-3, or D-5 permit for the state fairgrounds is not subject	1975
to section 4303.31 of the Revised Code.	1976

Pursuant to section 1711.09 of the Revised Code, the holder	1977
of a D permit issued for the state fairgrounds shall not deal in	1978
spirituous liquor at the state fairgrounds during, or for one week	1979
before or for three days after, any fair held at the state	1980
fairgrounds.	1981

(7) Nothing in this section shall be construed to prohibit	1982
the issuance of a D permit for a premises located at a zoological	1983
park at which sales have been approved in an election held under	1984
former section 4301.356 of the Revised Code. An application for a	1985
D permit for such a premises is exempt from the population	1986
restrictions contained in this section, from the population quota	1987
restrictions contained in any rule of the liquor control	1988
commission, and from section 4303.31 of the Revised Code. The	1989
location of a D permit issued for a premises at such a zoological	1990
park shall not be transferred, and no quota or other restrictions	1991
shall be placed on the number of D permits that may be issued for	1992
a premises at such a zoological park.	1993

(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in	1994
any election precinct in any municipal corporation or in any	1995
election precinct in the unincorporated area of any township, in	1996
which at the November, 1933, election a majority of the electors	1997
voting thereon in the municipal corporation or in the	1998
unincorporated area of the township voted against the repeal of	1999
Section 9 of Article XV, Ohio Constitution, unless the sale of	2000
spirituous liquor by the glass is authorized by a majority vote of	2001
the electors voting on the question in the precinct at an election	2002
held pursuant to this section or by a majority vote of the	2003
electors of the precinct voting on question (C) at a special local	2004
option election held in the precinct pursuant to section 4301.35	2005
of the Revised Code. Upon the request of an elector, the board of	2006
elections of the county that encompasses the precinct shall	2007
furnish the elector with a copy of the instructions prepared by	2008
the secretary of state under division (P) of section 3501.05 of	2009
the Revised Code and, within fifteen days after the request, a	2010
certificate of the number of signatures required for a valid	2011
petition under this section.	2012

Upon the petition of thirty-five per cent of the total number	2013
of voters voting in any such precinct for the office of governor	2014
at the preceding general election, filed with the board of	2015
elections of the county in which such precinct is located not	2016
later than seventy-five days before a general election, the board	2017
shall prepare ballots and hold an election at such general	2018
election upon the question of allowing spirituous liquor to be	2019
sold by the glass in such precinct. The ballots shall be approved	2020
in form by the secretary of state. The results of the election	2021
shall be certified by the board to the secretary of state, who	2022
shall certify the results to the division.	2023

(2) No holder of a class D-3 permit issued for a boat or	2024
vessel shall sell spirituous liquor in any precinct, in which the	2025
election provided for in this section may be held, unless the sale	2026
of spirituous liquor by the drink has been authorized by vote of	2027
the electors as provided in this section or in section 4301.35 of	2028
the Revised Code.	2029

(D) Any holder of a C or D permit whose permit premises were	2030
purchased in 1986 or 1987 by the state or any state agency for	2031
highway purposes shall be issued the same permit at another	2032
location notwithstanding any quota restrictions contained in this	2033
chapter or in any rule of the liquor control commission.	2034

Sec. 4303.30.  The rights granted by any D-2, D-3, D-3a, D-4,	2035
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	2036
or D-6 permit shall be exercised at not more than two fixed	2037
counters, commonly known as bars, in rooms or places on the permit	2038
premises, where beer, mixed beverages, wine, or spirituous liquor	2039
is sold to the public for consumption on the premises. For each	2040
additional fixed counter on the permit premises where those	2041
beverages are sold for consumption on the premises, the permit	2042
holder shall obtain a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	2043
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m,	2044
or D-6 permit.	2045

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	2046
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, or D-6	2047
permit shall be granted, upon application to the division of	2048
liquor control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a,	2049
D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, or	2050
D-6 permit for each additional fixed counter on the permit	2051
premises at which beer, mixed beverages, wine, or spirituous	2052
liquor is sold for consumption on the premises, provided the	2053
application is made in the same manner as an application for an	2054
original permit. The application shall be identified with	2055
DUPLICATE printed on the permit application form furnished by the	2056
department, in boldface type. The application shall identify by	2057
name, or otherwise amply describe, the room or place on the	2058
premises where the duplicate permit is to be operative. Each	2059
duplicate permit shall be issued only to the same individual,	2060
firm, or corporation as that of the original permit and shall be	2061
an exact duplicate in size and word content as the original	2062
permit, except that it shall show on it the name or other ample	2063
identification of the room, or place, for which it is issued and	2064
shall have DUPLICATE printed on it in boldface type. A duplicate	2065
permit shall bear the same number as the original permit. The fee	2066
for a duplicate permit is: D-1, one hundred dollars; D-2, one	2067
hundred dollars; D-3, four hundred dollars; D-3a, four hundred	2068
dollars; D-4, two hundred dollars; D-5, one thousand dollars;	2069
D-5a, one thousand dollars; D-5b, one thousand dollars; D-5c, four	2070
hundred dollars; D-5e, six hundred fifty dollars; D-5f, one	2071
thousand dollars; D-6, one hundred dollars when issued to the	2072
holder of a D-4a permit; and in all other cases one hundred	2073
dollars or an amount which is twenty per cent of the fees payable	2074
for the A-1-A, D-2, D-3, D-3a, D-4, D-5, D-5a, D-5b, D-5e, D-5f,	2075
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, and D-6 permits issued	2076
to the same premises, whichever is higher. Application for a	2077
duplicate permit may be filed any time during the life of an	2078
original permit. The fee for each duplicate D-2, D-3, D-3a, D-4,	2079
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	2080
D-5l, D-5m, or D-6 permit shall be paid in accordance with	2081
section 4303.24 of the Revised Code.	2082

Sec. 4303.33.  (A) Every A-1 permit holder in this state,	2083
every bottler, importer, wholesale dealer, broker, producer, or	2084
manufacturer of beer outside this state and within the United	2085
States, and every B-1 permit holder and importer importing beer	2086
from any manufacturer, bottler, person, or group of persons	2087
however organized outside the United States for sale or	2088
distribution for sale in this state, on or before the eighteenth	2089
day of each month, shall make and file with the tax commissioner	2090
upon a form prescribed by the tax commissioner an advance tax	2091
payment in an amount estimated to equal the taxpayer's tax	2092
liability for the month in which the advance tax payment is made.	2093
If the advance tax payment credits claimed on the report are for	2094
advance tax payments received by the tax commissioner on or before	2095
the eighteenth day of the month covered by the report, the	2096
taxpayer is entitled to an additional credit of three per cent of	2097
the advance tax payment and a discount of three per cent shall be	2098
allowed the taxpayer at the time of filing the report if filed as	2099
provided in division (B) of this section on any amount by which	2100
the tax liability reflected in the report exceeds the advance tax	2101
payment estimate by not more than ten per cent. The additional	2102
three per cent credit and three per cent discount shall be in	2103
consideration for advancing the payment of the tax and other	2104
services performed by the permit holder and other taxpayers in the	2105
collection of the tax.	2106

"Advance tax payment credit" means credit for payments made	2107
by an A-1 or B-1 permit holder and any other persons during the	2108
period covered by a report which was made in anticipation of the	2109
tax liability required to be reported on that report.	2110

"Tax liability" as used in division (A) of this section means	2111
the total gross tax liability of an A-1 or B-1 permit holder and	2112
any other persons for the period covered by a report before any	2113
allowance for credits and discount.	2114

(B) Every A-1 permit holder in this state, every bottler,	2115
importer, wholesale dealer, broker, producer, or manufacturer of	2116
beer outside this state and within the United States, and every	2117
B-1 permit holder importing beer from any manufacturer, bottler,	2118
person, or group of persons however organized outside the United	2119
States, on or before the tenth day of each month, shall make and	2120
file a report for the preceding month upon a form prescribed by	2121
the tax commissioner which report shall show the amount of beer	2122
produced, sold, and distributed for sale in this state by the A-1	2123
permit holder, sold and distributed for sale in this state by each	2124
manufacturer, bottler, importer, wholesale dealer, or broker	2125
outside this state and within the United States, and the amount of	2126
beer imported into this state from outside the United States and	2127
sold and distributed for sale in this state by the B-1 permit	2128
holder or importer.	2129

The report shall be filed by mailing it to the tax	2130
commissioner, together with payment of the tax levied by sections	2131
4301.42 and 4305.01 of the Revised Code shown to be due on the	2132
report after deduction of advance payment credits and any	2133
additional credits or discounts provided for under this section.	2134

(C)(1) Every A-2 and, A-4, B-2, B-2a, B-3, B-4, and B-5, and	2135
S permit holder in this state, on or before the eighteenth day of	2136
each month, shall make and file a report with the tax commissioner	2137
upon a form prescribed by the tax commissioner which report shall	2138
show, on the report of each A-2 and, A-4, B-2a, and S permit	2139
holder the amount of wine, cider, and mixed beverages produced and	2140
sold, or sold in this state by each such A-2 and, A-4, B-2a, and S	2141
permit holder for the next preceding calendar month and such other	2142
information as the tax commissioner requires, and on the report of	2143
each such B-2, B-3, B-4, and B-5 permit holder the amount of wine,	2144
cider, and mixed beverages purchased from an importer, broker,	2145
wholesale dealer, producer, or manufacturer located outside this	2146
state and sold and distributed in this state by such B-2, B-3,	2147
B-4, and B-5 permit holder, for the next preceding calendar month	2148
and such other information as the tax commissioner requires.	2149

(2) Every such A-2, A-4, B-2, B-2a, B-3, B-4, and B-5, and S	2150
permit holder in this state shall remit with the report the tax	2151
levied by sections 4301.43 and, if applicable, 4301.432 of the	2152
Revised Code less a discount thereon of three per cent of the	2153
total tax so levied and paid, provided the return is filed	2154
together with remittance of the amount of tax shown to be due	2155
thereon, within the time prescribed. Any permit holder or other	2156
persons who fail to file a report under this section, for each day	2157
the person so fails, may be required to forfeit and pay into the	2158
state treasury the sum of one dollar as revenue arising from the	2159
tax imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01 of	2160
the Revised Code, and that sum may be collected by assessment in	2161
the manner provided in section 4305.13 of the Revised Code.	2162

(3) If the tax commissioner determines that the quantity	2163
reported by a person does not warrant monthly reporting, the	2164
commissioner may authorize the filing of returns and the payment	2165
of the tax required by this section for periods longer than one	2166
month.	2167

(D) Every B-1 permit holder and importer in this state	2168
importing beer from any manufacturer, bottler, person, or group of	2169
persons however organized, outside the United States, if required	2170
by the tax commissioner shall post a bond payable to the state in	2171
such form and amount as the commissioner prescribes with surety to	2172
the satisfaction of the tax commissioner, conditioned upon the	2173
payment to the tax commissioner of taxes levied by sections	2174
4301.42 and 4305.01 of the Revised Code.	2175

(E) No such wine, beer, cider, or mixed beverages sold or	2176
distributed in this state shall be taxed more than once under	2177
sections 4301.42, 4301.43, and 4305.01 of the Revised Code.	2178

(F) As used in this section:

2179

(1) "Cider" has the same meaning as in section 4301.01 of the	2180
Revised Code.	2181

(2) "Wine" has the same meaning as in section 4301.01 of the	2182
Revised Code, except that "wine" does not include cider.	2183

(G) All money collected by the tax commissioner under this	2184
section shall be paid to the treasurer of state as revenue arising	2185
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	2186
4305.01 of the Revised Code.	2187

Sec. 4303.333. (A) An A-2 permit holder in this state whose	2188
total production of wine, wherever produced, which but for this	2189
exemption is taxable under section 4301.43 of the Revised Code	2190
does not exceed five hundred thousand gallons in a calendar year,	2191
shall be allowed an exemption from the taxes levied in the	2192
following calendar year under section 4301.43 of the Revised Code	2193
on wine produced and sold or distributed in this state. The	2194
exemption may be claimed monthly against current taxes levied	2195
under such section as the reports required by section 4303.33 of	2196
the Revised Code are due. At the time the report for December is	2197
due for a calendar year during which a permit holder is eligible	2198
to receiveclaimed an exemption under this section, if the permit	2199
holder has paid the tax levied under section 4301.43 of the	2200
Revised Code, the permit holder may claim a refund of such tax	2201
paid during the calendar year or shall remit any additional tax	2202
due because it did not qualify for the exemption on the December	2203
report. For the purpose of providing this refund, taxes previously	2204
paid under section 4303.33 of the Revised Code during the calendar	2205
year shall not be considered final until the December report is	2206
filed. The	2207

(B) The tax commissioner shall prescribe forms for and allow	2208
the exemptions and refunds authorized by this section.	2209

Sec. 4399.12.  No provision contained in Title XLIII of the	2210
Revised Code that prohibits the sale of intoxicating liquors in	2211
any of the circumstances described in section 4399.11 of the	2212
Revised Code extends to or prevents the holder of an A, B, C-2,	2213
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g,	2214
D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, G, or I permit issued by the	2215
division of liquor control from distributing or selling	2216
intoxicating liquor at the place of business described in the	2217
permit of the holder.	2218

Sec. 5703.21.  (A) Except as provided in divisions (B) and	2219
(C) of this section, no agent of the department of taxation,	2220
except in the agent's report to the department or when called on	2221
to testify in any court or proceeding, shall divulge any	2222
information acquired by the agent as to the transactions,	2223
property, or business of any person while acting or claiming to	2224
act under orders of the department. Whoever violates this	2225
provision shall thereafter be disqualified from acting as an	2226
officer or employee or in any other capacity under appointment or	2227
employment of the department.	2228

(B)(1) For purposes of an audit pursuant to section 117.15 of	2229
the Revised Code, or an audit of the department pursuant to	2230
Chapter 117. of the Revised Code, or an audit, pursuant to that	2231
chapter, the objective of which is to express an opinion on a	2232
financial report or statement prepared or issued pursuant to	2233
division (A)(7) or (9) of section 126.21 of the Revised Code, the	2234
officers and employees of the auditor of state charged with	2235
conducting the audit shall have access to and the right to examine	2236
any state tax returns and state tax return information in the	2237
possession of the department to the extent that the access and	2238
examination are necessary for purposes of the audit. Any	2239
information acquired as the result of that access and examination	2240
shall not be divulged for any purpose other than as required for	2241
the audit or unless the officers and employees are required to	2242
testify in a court or proceeding under compulsion of legal	2243
process. Whoever violates this provision shall thereafter be	2244
disqualified from acting as an officer or employee or in any other	2245
capacity under appointment or employment of the auditor of state.	2246

(2) For purposes of an internal audit pursuant to section	2247
126.45 of the Revised Code, the officers and employees of the	2248
office of internal auditing in the office of budget and management	2249
charged with conducting the internal audit shall have access to	2250
and the right to examine any state tax returns and state tax	2251
return information in the possession of the department to the	2252
extent that the access and examination are necessary for purposes	2253
of the internal audit. Any information acquired as the result of	2254
that access and examination shall not be divulged for any purpose	2255
other than as required for the internal audit or unless the	2256
officers and employees are required to testify in a court or	2257
proceeding under compulsion of legal process. Whoever violates	2258
this provision shall thereafter be disqualified from acting as an	2259
officer or employee or in any other capacity under appointment or	2260
employment of the office of internal auditing.	2261

(3) As provided by section 6103(d)(2) of the Internal Revenue	2262
Code, any federal tax returns or federal tax information that the	2263
department has acquired from the internal revenue service, through	2264
federal and state statutory authority, may be disclosed to the	2265
auditor of state or the office of internal auditing solely for	2266
purposes of an audit of the department.	2267

(C) Division (A) of this section does not prohibit any of the	2268
following:	2269

(1) Divulging information contained in applications,	2270
complaints, and related documents filed with the department under	2271
section 5715.27 of the Revised Code or in applications filed with	2272
the department under section 5715.39 of the Revised Code;	2273

(2) Providing information to the office of child support	2274
within the department of job and family services pursuant to	2275
section 3125.43 of the Revised Code;	2276

(3) Disclosing to the board of motor vehicle collision repair	2277
registration any information in the possession of the department	2278
that is necessary for the board to verify the existence of an	2279
applicant's valid vendor's license and current state tax	2280
identification number under section 4775.07 of the Revised Code;	2281

(4) Providing information to the administrator of workers'	2282
compensation pursuant to sections 4123.271 and 4123.591 of the	2283
Revised Code;	2284

(5) Providing to the attorney general information the	2285
department obtains under division (J) of section 1346.01 of the	2286
Revised Code;	2287

(6) Permitting properly authorized officers, employees, or	2288
agents of a municipal corporation from inspecting reports or	2289
information pursuant to rules adopted under section 5745.16 of the	2290
Revised Code;	2291

(7) Providing information regarding the name, account number,	2292
or business address of a holder of a vendor's license issued	2293
pursuant to section 5739.17 of the Revised Code, a holder of a	2294
direct payment permit issued pursuant to section 5739.031 of the	2295
Revised Code, or a seller having a use tax account maintained	2296
pursuant to section 5741.17 of the Revised Code, or information	2297
regarding the active or inactive status of a vendor's license,	2298
direct payment permit, or seller's use tax account;	2299

(8) Releasing invoices or invoice information furnished under	2300
section 4301.433 of the Revised Code pursuant to that section;	2301

(9) Providing to a county auditor notices or documents	2302
concerning or affecting the taxable value of property in the	2303
county auditor's county. Unless authorized by law to disclose	2304
documents so provided, the county auditor shall not disclose such	2305
documents;	2306

(10) Providing to a county auditor sales or use tax return or	2307
audit information under section 333.06 of the Revised Code;	2308

(11) Subject to section 4301.441 of the Revised Code,	2309
disclosing to the appropriate state agency information in the	2310
possession of the department of taxation that is necessary to	2311
verify a permit holder's gallonage or noncompliance with taxes	2312
levied under Chapter 4301. or 4305. of the Revised Code.	2313

Section 2. That existing sections 4301.10, 4301.12, 4301.16,	2314
4301.20, 4301.30, 4301.355, 4301.432, 4301.47, 4301.58, 4301.62,	2315
4301.639, 4303.03, 4303.05, 4303.071, 4303.181, 4303.182,	2316
4303.184, 4303.232, 4303.233, 4303.25, 4303.27, 4303.271, 4303.29,	2317
4303.30, 4303.33, 4303.333, 4399.12, and 5703.21 of the Revised	2318
Code are hereby repealed.	2319

Section 3. The Division of Liquor Control shall provide the	2320
notification required by division (A)(10) of section 4301.10 of	2321
the Revised Code, as amended by this act, to holders of retail	2322
permits on the effective date of this act not later than ninety	2323
days after that effective date.	2324

Section 4. The amendments by this act of sections 4303.071	2325
and 4303.232 of the Revised Code are essential to implementation	2326
of a tax levy, are exempt from the referendum under Ohio	2327
Constitution, Article II, Section 1d, and take effect on July 1,	2328
2008.	2329