As Passed by the House

129th General Assembly
Regular Session
2011-2012
Am. H. B. No. 243


Representatives Kozlowski, Young 

Cosponsors: Representatives Huffman, Beck, Thompson, Ramos, Maag, Hall, Mecklenborg, Dovilla, Fedor, Letson, Adams, R., Anielski, Antonio, Balderson, Barnes, Blessing, Bubp, Buchy, Carney, Damschroder, Driehaus, Duffey, Foley, Garland, Goyal, Grossman, Hagan, R., Lundy, Mallory, McClain, Milkovich, Murray, Peterson, Rosenberger, Ruhl, Slaby, Uecker, Wachtmann, Yuko 

A BILL
To amend section 4303.041 of the Revised Code to 1
eliminate the restriction on the number of A-3a 2
liquor permits that may be issued per county and 3
to specify that new A-3a permits issued after the 4
act's effective date are subject to local option 5
election.6


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) (1) An A-3a permit holder may offer not more than four 32
servings of not more than a quarter ounce of spirituous liquor as 33
tasting samples. The tasting samples shall be offered in 34
accordance with rules adopted by the division of liquor control.35

       (2) An A-3a permit holder shall sell not more than one and 36
one-half liters of spirituous liquor per day from the permit 37
premises to the same personal consumer.38

        An A-3a permit holder may sell spirituous liquor in sealed 39
containers for consumption off the premises where manufactured as 40
an independent contractor under agreement, by virtue of the 41
permit, with the division of liquor control. The price at which 42
the A-3a permit holder shall sell each spirituous liquor product 43
to a personal consumer is to be determined by the division of 44
liquor control. For an A-3a permit holder to purchase and then 45
offer spirituous liquor for retail sale, the spirituous liquor 46
need not first leave the physical possession of the A-3a permit 47
holder to be so registered. The spirituous liquor that the A-3a 48
permit holder buys from the division of liquor control shall be 49
maintained in a separate area of the permit premises for sale to 50
personal consumers. The A-3a permit holder shall sell such 51
spirituous liquor in sealed containers for consumption off the 52
premises where manufactured as an independent contractor by virtue 53
of the permit issued by the division of liquor control, but the 54
permit holder shall not be compensated as provided in division 55
(A)(1) of section 4301.17 of the Revised Code. Each A-3a permit 56
holder shall be subject to audit by the division of liquor 57
control.58

       (D) The fee for the A-3a permit is three thousand nine 59
hundred six dollars for each plant, but if the production capacity 60
of a plant is less than five hundred wine barrels of fifty gallons 61
each annually, the fee is two dollars per barrel.62

       (E) The holder of an A-3a permit may also exercise the same 63
privileges as the holder of an A-3 permit.64

       Section 2. That existing section 4303.041 of the Revised Code 65
is hereby repealed.66