As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 243

Representatives Kozlowski, Young 

Cosponsors: Representatives Huffman, Beck, Thompson, Ramos, Maag, Hall 

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A BILL

To amend section 4303.041 of the Revised Code to

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eliminate the restriction on the number of A-3a

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liquor permits that may be issued per county and

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to specify that new A-3a permits issued after the

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act's effective date are subject to local option

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election.

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

Section 1. That section 4303.041 of the Revised Code be	7
amended to read as follows:	8

Sec. 4303.041. (A) An A-3a permit may be issued to a	9
distiller that manufactures less than ten thousand gallons of	10
spirituous liquor per year. An A-3a permit holder may sell to a	11
personal consumer, in sealed containers for consumption off the	12
premises where manufactured, spirituous liquor that the permit	13
holder manufactures, but sales to the personal consumer may occur	14
only by an in-person transaction at the permit premises. The A-3a	15
permit holder shall not ship, send, or use an H permit holder to	16
deliver spirituous liquor to the personal consumer.	17

"Distiller" means a person in this state who mashes,	18
ferments, distills, and ages spirituous liquor.	19

Not more than one A-3a permit may be issued per county and	20
only in a county with a population exceeding eight hundred	21
thousand.	22

(B)(1) Except as otherwise provided in this section, no new	23
A-3a permit shall be issued unless a local option election held	24
pursuant to sections 4301.32 to 4301.41 of the Revised Code has	25
permitted the sale of beer and intoxicating liquor in the precinct	26
in which the A-3a permit is proposed to be located.	27

(2) Division (B)(1) of this section does not prohibit the	28
issuance of an A-3a permit to an applicant for such a permit who	29
has filed an application with the division of liquor control	30
before the effective date of this section.	31

(C) An A-3a permit holder shall sell not more than one and	32
one-half liters of spirituous liquor per day from the permit	33
premises to the same personal consumer.	34

An A-3a permit holder may sell spirituous liquor in sealed	35
containers for consumption off the premises where manufactured as	36
an independent contractor under agreement, by virtue of the	37
permit, with the division of liquor control. The price at which	38
the A-3a permit holder shall sell each spirituous liquor product	39
to a personal consumer is to be determined by the division of	40
liquor control. For an A-3a permit holder to purchase and then	41
offer spirituous liquor for retail sale, the spirituous liquor	42
need not first leave the physical possession of the A-3a permit	43
holder to be so registered. The spirituous liquor that the A-3a	44
permit holder buys from the division of liquor control shall be	45
maintained in a separate area of the permit premises for sale to	46
personal consumers. The A-3a permit holder shall sell such	47
spirituous liquor in sealed containers for consumption off the	48
premises where manufactured as an independent contractor by virtue	49
of the permit issued by the division of liquor control, but the	50
permit holder shall not be compensated as provided in division	51
(A)(1) of section 4301.17 of the Revised Code. Each A-3a permit	52
holder shall be subject to audit by the division of liquor	53
control.	54

(D) The fee for the A-3a permit is three thousand nine	55
hundred six dollars for each plant, but if the production capacity	56
of a plant is less than five hundred wine barrels of fifty gallons	57
each annually, the fee is two dollars per barrel.	58

(E) The holder of an A-3a permit may also exercise the same	59
privileges as the holder of an A-3 permit.	60

Section 2. That existing section 4303.041 of the Revised Code	61
is hereby repealed.	62