As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Am. Sub. 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 

Senators Bacon, Faber, Sawyer, Hughes, Hite, Beagle, Balderson, Brown, Burke, Cafaro, Coley, Eklund, Gentile, Jordan, Lehner, Manning, Niehaus, Patton, Seitz, Skindell 

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A BILL

To amend sections 4301.10, 4301.17, 4301.62, 4303.02,

1

4303.041, 4303.181, 4303.184, 4303.25, and 4303.29

2

and to enact sections 4301.171 and 4303.209 of the

3

Revised Code to revise certain provisions of the

4

Liquor Law.

5

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

Section 1. That sections 4301.10, 4301.17, 4301.62, 4303.02,	6
4303.041, 4303.181, 4303.184, 4303.25, and 4303.29 be amended and	7
sections 4301.171 and 4303.209 of the Revised Code be enacted to	8
read as follows:	9

Sec. 4301.10.  (A) The division of liquor control shall do	10
all of the following:	11

(1) Control the traffic in beer and intoxicating liquor in	12
this state, including the manufacture, importation, and sale of	13
beer and intoxicating liquor;	14

(2) Grant or refuse permits for the manufacture,	15
distribution, transportation, and sale of beer and intoxicating	16
liquor and the sale of alcohol, as authorized or required by this	17
chapter and Chapter 4303. of the Revised Code. A certificate,	18
signed by the superintendent of liquor control and to which is	19
affixed the official seal of the division, stating that it appears	20
from the records of the division that no permit has been issued to	21
the person specified in the certificate, or that a permit, if	22
issued, has been revoked, canceled, or suspended, shall be	23
received as prima-facie evidence of the facts recited in the	24
certificate in any court or before any officer of this state.	25

(3) Put into operation, manage, and control a system of state	26
liquor stores for the sale of spirituous liquor at retail and to	27
holders of permits authorizing the sale of spirituous liquor;	28
however, the division shall not establish any drive-in state	29
liquor stores; and by means of those types of stores, and any	30
manufacturing plants, distributing and bottling plants,	31
warehouses, and other facilities that it considers expedient,	32
establish and maintain a state monopoly of the distribution of	33
spirituous liquor and its sale in packages or containers; and for	34
that purpose, manufacture, buy, import, possess, and sell	35
spirituous liquors as provided in this chapter and Chapter 4303.	36
of the Revised Code, and in the rules promulgated by the	37
superintendent of liquor control pursuant to those chapters; lease	38
or in any manner acquire the use of any land or building required	39
for any of those purposes; purchase any equipment that is	40
required; and borrow money to carry on its business, and issue,	41
sign, endorse, and accept notes, checks, and bills of exchange;	42
but all obligations of the division created under authority of	43
this division shall be a charge only upon the moneys received by	44
the division from the sale of spirituous liquor and its other	45
business transactions in connection with the sale of spirituous	46
liquor, and shall not be general obligations of the state;	47

(4) Enforce the administrative provisions of this chapter and	48
Chapter 4303. of the Revised Code, and the rules and orders of the	49
liquor control commission and the superintendent relating to the	50
manufacture, importation, transportation, distribution, and sale	51
of beer or intoxicating liquor. The attorney general, any	52
prosecuting attorney, and any prosecuting officer of a municipal	53
corporation or a municipal court shall, at the request of the	54
division of liquor control or the department of public safety,	55
prosecute any person charged with the violation of any provision	56
in those chapters or of any section of the Revised Code relating	57
to the manufacture, importation, transportation, distribution, and	58
sale of beer or intoxicating liquor.	59

(5) Determine the locations of all state liquor stores and	60
manufacturing, distributing, and bottling plants required in	61
connection with those stores, subject to this chapter and Chapter	62
4303. of the Revised Code;	63

(6) Conduct inspections of liquor permit premises to	64
determine compliance with the administrative provisions of this	65
chapter and Chapter 4303. of the Revised Code and the rules	66
adopted under those provisions by the liquor control commission.	67

Except as otherwise provided in division (A)(6) of this	68
section, those inspections may be conducted only during those	69
hours in which the permit holder is open for business and only by	70
authorized agents or employees of the division or by any peace	71
officer, as defined in section 2935.01 of the Revised Code.	72
Inspections may be conducted at other hours only to determine	73
compliance with laws or commission rules that regulate the hours	74
of sale of beer or intoxicating liquor and only if the	75
investigator has reasonable cause to believe that those laws or	76
rules are being violated. Any inspection conducted pursuant to	77
division (A)(6) of this section is subject to all of the following	78
requirements:	79

(a) The only property that may be confiscated is contraband,	80
as defined in section 2901.01 of the Revised Code, or property	81
that is otherwise necessary for evidentiary purposes.	82

(b) A complete inventory of all property confiscated from the	83
premises shall be given to the permit holder or the permit	84
holder's agent or employee by the confiscating agent or officer at	85
the conclusion of the inspection. At that time, the inventory	86
shall be signed by the confiscating agent or officer, and the	87
agent or officer shall give the permit holder or the permit	88
holder's agent or employee the opportunity to sign the inventory.	89

(c) Inspections conducted pursuant to division (A)(6) of this	90
section shall be conducted in a reasonable manner. A finding by	91
any court of competent jurisdiction that an inspection was not	92
conducted in a reasonable manner in accordance with this section	93
or any rules adopted by the commission may be considered grounds	94
for suppression of evidence. A finding by the commission that an	95
inspection was not conducted in a reasonable manner in accordance	96
with this section or any rules adopted by it may be considered	97
grounds for dismissal of the commission case.	98

If any court of competent jurisdiction finds that property	99
confiscated as the result of an administrative inspection is not	100
necessary for evidentiary purposes and is not contraband, as	101
defined in section 2901.01 of the Revised Code, the court shall	102
order the immediate return of the confiscated property, provided	103
that property is not otherwise subject to forfeiture, to the	104
permit holder. However, the return of this property is not grounds	105
for dismissal of the case. The commission likewise may order the	106
return of confiscated property if no criminal prosecution is	107
pending or anticipated.	108

(7) Delegate to any of its agents or employees any power of	109
investigation that the division possesses with respect to the	110
enforcement of any of the administrative laws relating to beer or	111
intoxicating liquor, provided that this division does not	112
authorize the division to designate any agent or employee to serve	113
as an enforcement agent. The employment and designation of	114
enforcement agents shall be within the exclusive authority of the	115
director of public safety pursuant to sections 5502.13 to 5502.19	116
of the Revised Code.	117

(8) Collect the following fees:

118

(a) A biennial fifty-dollar registration fee for each agent,	119
solicitor, trade marketing professional, or salesperson,	120
registered pursuant to section 4303.25 of the Revised Code, of a	121
beer or intoxicating liquor manufacturer, supplier, broker, trade	122
marketing company, or wholesale distributor doing business in this	123
state;	124

(b) A fifty-dollar product registration fee for each new beer	125
or intoxicating liquor product sold in this state. The product	126
registration fee also applies to products sold in this state by	127
B-2a and S permit holders. The product registration fee shall be	128
accompanied by a copy of the federal label and product approval	129
for the new product.	130

(c) An annual three-hundred-dollar supplier registration fee	131
from each manufacturer or supplier that produces and ships into	132
this state, or ships into this state, intoxicating liquor or beer,	133
in addition to an initial application fee of one hundred dollars.	134
A manufacturer that produces and ships beer or wine into this	135
state and that holds only an S permit is exempt from the supplier	136
registration fee. A manufacturer that produces and ships wine into	137
this state and that holds a B-2a permit shall pay an annual	138
seventy-six-dollar supplier registration fee. A manufacturer that	139
produces and ships wine into this state and that does not hold	140
either an S or a B-2a permit, but that produces less than two	141
hundred fifty thousand gallons of wine per year and that is	142
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an	143
annual seventy-six-dollar supplier registration fee. A B-2a or S	144
permit holder that does not sell its wine to wholesale	145
distributors of wine in this state and an S permit holder that	146
does not sell its beer to wholesale distributors of beer in this	147
state shall not be required to submit to the division territory	148
designation forms.	149

Each supplier, agent, solicitor, trade marketing	150
professional, or salesperson registration issued under this	151
division shall authorize the person named to carry on the activity	152
specified in the registration. Each agent, solicitor, trade	153
marketing professional, or salesperson registration is valid for	154
two years or for the unexpired portion of a two-year registration	155
period. Each supplier registration is valid for one year or for	156
the unexpired portion of a one-year registration period.	157
Registrations shall end on their respective uniform expiration	158
date, which shall be designated by the division, and are subject	159
to suspension, revocation, cancellation, or fine as authorized by	160
this chapter and Chapter 4303. of the Revised Code.	161

As used in this division, "trade marketing company" and	162
"trade marketing professional" have the same meanings as in	163
section 4301.171 of the Revised Code.	164

(9) Establish a system of electronic data interchange within	165
the division and regulate the electronic transfer of information	166
and funds among persons and governmental entities engaged in the	167
manufacture, distribution, and retail sale of alcoholic beverages;	168

(10) Notify all holders of retail permits of the forms of	169
permissible identification for purposes of division (A) of section	170
4301.639 of the Revised Code;	171

(11) Exercise all other powers expressly or by necessary	172
implication conferred upon the division by this chapter and	173
Chapter 4303. of the Revised Code, and all powers necessary for	174
the exercise or discharge of any power, duty, or function	175
expressly conferred or imposed upon the division by those	176
chapters.	177

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

178

(1) Sue, but may be sued only in connection with the	179
execution of leases of real estate and the purchases and contracts	180
necessary for the operation of the state liquor stores that are	181
made under this chapter and Chapter 4303. of the Revised Code;	182

(2) Enter into leases and contracts of all descriptions and	183
acquire and transfer title to personal property with regard to the	184
sale, distribution, and storage of spirituous liquor within the	185
state;	186

(3) Terminate at will any lease entered into pursuant to	187
division (B)(2) of this section upon first giving ninety days'	188
notice in writing to the lessor of its intention to do so;	189

(4) Fix the wholesale and retail prices at which the various	190
classes, varieties, and brands of spirituous liquor shall be sold	191
by the division. Those retail prices shall be the same at all	192
state liquor stores, except to the extent that a price	193
differential is required to collect a county sales tax levied	194
pursuant to section 5739.021 of the Revised Code and for which tax	195
the tax commissioner has authorized prepayment pursuant to section	196
5739.05 of the Revised Code. In fixing selling prices, the	197
division shall compute an anticipated gross profit at least	198
sufficient to provide in each calendar year all costs and expenses	199
of the division and also an adequate working capital reserve for	200
the division. The gross profit shall not exceed forty per cent of	201
the retail selling price based on costs of the division, and in	202
addition the sum required by section 4301.12 of the Revised Code	203
to be paid into the state treasury. An amount equal to one and	204
one-half per cent of that gross profit shall be paid into the	205
statewide treatment and prevention fund created by section 4301.30	206
of the Revised Code and be appropriated by the general assembly	207
from the fund to the department of alcohol and drug addiction	208
services as provided in section 4301.30 of the Revised Code.	209

On spirituous liquor manufactured in this state from the	210
juice of grapes or fruits grown in this state, the division shall	211
compute an anticipated gross profit of not to exceed ten per cent.	212

The wholesale prices fixed under this division shall be at a	213
discount of not less than six per cent of the retail selling	214
prices as determined by the division in accordance with this	215
section.	216

(C) The division may approve the expansion or diminution of a	217
premises to which a liquor permit has been issued and may adopt	218
standards governing such an expansion or diminution.	219

Sec. 4301.17.  (A)(1) Subject to local option as provided in	220
sections 4301.32 to 4301.40 of the Revised Code, five state liquor	221
stores or agencies may be established in each county. One	222
additional store may be established in any county for each twenty	223
thousand of population of that county or major fraction thereof in	224
excess of the first forty thousand, according to the last	225
preceding federal decennial census or according to the population	226
estimates certified by the department of development between	227
decennial censuses. A person engaged in a mercantile business may	228
act as the agent for the division of liquor control for the sale	229
of spirituous liquor in a municipal corporation, in the	230
unincorporated area of a township, or in an area designated and	231
approved as a resort area under section 4303.262 of the Revised	232
Code. The division shall fix the compensation for such an agent in	233
the manner it considers best, but the compensation shall not	234
exceed seven per cent of the gross sales made by the agent in any	235
one year.	236

(2) The division shall adopt rules in accordance with Chapter	237
119. of the Revised Code governing the allocation and equitable	238
distribution of agency store contracts. The division shall comply	239
with the rules when awarding a contract under division (A)(1) of	240
this section.	241

(3) Except as otherwise provided in this section and section	242
4301.171 of the Revised Code, no mercantile business that sells	243
beer or intoxicating liquor for consumption on the premises under	244
a permit issued by the division shall operate an agency store at	245
the premises. An agency to which a D-1 permit has been issued may	246
offer for sale tasting samples of beer, an agency to which a D-2	247
permit has been issued may offer for sale tasting samples of wine	248
and mixed beverages, and an agency to which a D-5 permit has been	249
issued may offer for sale tasting samples of beer, wine, and mixed	250
beverages, but not. An agency to which a D-8 permit has been	251
issued may allow the sale of tasting samples of spirituous liquor	252
in accordance with section 4301.171 of the Revised Code. A tasting	253
sample shall not be sold for the purpose of general consumption.	254
As used in this section with respect to beer, wine, and mixed	255
beverages, "tasting sample" means a small amount of beer, wine, or	256
mixed beverages that is provided in not more than four servings of	257
not more than two ounces each to an authorized purchaser and that	258
allows the purchaser to determine, by tasting only, the quality	259
and character of the beverage.	260

(B) When an agency contract is proposed, when an existing	261
agency contract is assigned, when an existing agency proposes to	262
relocate, or when an existing agency is relocated and assigned,	263
before entering into any contract, consenting to any assignment,	264
or consenting to any relocation, the division shall notify the	265
legislative authority of the municipal corporation in which the	266
agency store is to be located, or the board of county	267
commissioners and the board of township trustees of the county and	268
the township in which the agency store is to be located if the	269
agency store is to be located outside the corporate limits of a	270
municipal corporation, of the proposed contract, assignment, or	271
relocation, and an opportunity shall be provided officials or	272
employees of the municipal corporation or county and township for	273
a complete hearing upon the advisability of entering into the	274
contract or consenting to the assignment or relocation. When the	275
division sends notice to the legislative authority of the	276
political subdivision, the division shall notify, by certified	277
mail or by personal service, the chief peace officer of the	278
political subdivision, who may appear and testify, either in	279
person or through a representative, at any hearing held on the	280
advisability of entering into the contract or consenting to the	281
assignment or relocation.	282

If the proposed agency store, the assignment of an agency	283
contract, or the relocation of an agency store would be located	284
within five hundred feet of a school, church, library, public	285
playground, or township park, the division shall not enter into an	286
agency contract until it has provided notice of the proposed	287
contract to the authorities in control of the school, church,	288
library, public playground, or township park and has provided	289
those authorities with an opportunity for a complete hearing upon	290
the advisability of entering into the contract. If an agency store	291
so located is operating under an agency contract, the division may	292
consent to relocation of the agency store or to the assignment of	293
that contract to operate an agency store at the same location. The	294
division may also consent to the assignment of an existing agency	295
contract simultaneously with the relocation of the agency store.	296
In any such assignment or relocation, the assignee and the	297
location shall be subject to the same requirements that the	298
existing location met at the time that the contract was first	299
entered into as well as any additional requirements imposed by the	300
division in rules adopted by the superintendent of liquor control.	301
The division shall not consent to an assignment or relocation of	302
an agency store until it has notified the authorities in control	303
of the school, church, library, public playground, or township	304
park and has provided those authorities with an opportunity for a	305
complete hearing upon the advisability of consenting to the	306
assignment or relocation.	307

Any hearing provided for in this division shall be held in	308
the central office of the division, except that upon written	309
request of the legislative authority of the municipal corporation,	310
the board of county commissioners, the board of township trustees,	311
or the authorities in control of the school, church, library,	312
public playground, or township park, the hearing shall be held in	313
the county seat of the county where the proposed agency store is	314
to be located.	315

(C) All agency contracts entered into by the division	316
pursuant to this section shall be in writing and shall contain a	317
clause providing for the termination of the contract at will by	318
the division upon its giving ninety days' notice in writing to the	319
agent of its intention to do so. Any agency contract may include a	320
clause requiring the agent to report to the appropriate law	321
enforcement agency the name and address of any individual under	322
twenty-one years of age who attempts to make an illegal purchase.	323

An agent may engage in the selling of beer, mixed beverages,	324
and wine pursuant to permits issued to the agent under Chapter	325
4303. of the Revised Code.	326

The division shall issue a C-1 and C-2 permit to each agent	327
who prior to November 1, 1994, had not been issued both of these	328
permits, notwithstanding the population quota restrictions	329
contained in section 4303.29 of the Revised Code or in any rule of	330
the liquor control commission and notwithstanding the requirements	331
of section 4303.31 of the Revised Code. The location of a C-1 or	332
C-2 permit issued to such an agent shall not be transferred. The	333
division shall revoke any C-1 or C-2 permit issued to an agent	334
under this paragraph if the agent no longer operates an agency	335
store.	336

The division may enter into agreements with the department of	337
development to implement a minority loan program to provide	338
low-interest loans to minority business enterprises, as defined in	339
section 122.71 of the Revised Code, that are awarded liquor agency	340
contracts or assignments.	341

(D) If the division closes a state liquor store and replaces	342
that store with an agency store, any employees of the division	343
employed at that state liquor store who lose their jobs at that	344
store as a result shall be given preference by the agent who	345
operates the agency store in filling any vacancies that occur	346
among the agent's employees, if that preference does not conflict	347
with the agent's obligations pursuant to a collective bargaining	348
agreement.	349

If the division closes a state liquor store and replaces the	350
store with an agency store, any employees of the division employed	351
at the state liquor store who lose their jobs at that store as a	352
result may displace other employees as provided in sections	353
124.321 to 124.328 of the Revised Code. If an employee cannot	354
displace other employees and is laid off, the employee shall be	355
reinstated in another job as provided in sections 124.321 to	356
124.328 of the Revised Code, except that the employee's rights of	357
reinstatement in a job at a state liquor store shall continue for	358
a period of two years after the date of the employee's layoff and	359
shall apply to jobs at state liquor stores located in the	360
employee's layoff jurisdiction and any layoff jurisdiction	361
adjacent to the employee's layoff jurisdiction.	362

(E) The division shall require every agent to give bond with	363
surety to the satisfaction of the division, in the amount the	364
division fixes, conditioned for the faithful performance of the	365
agent's duties as prescribed by the division.	366

Sec. 4301.171. (A) As used in this section:

367

(1) "Broker" and "solicitor" have the same meanings as in	368
rules adopted by the superintendent of liquor control under	369
section 4303.25 of the Revised Code.	370

(2) "Tasting sample" means a small amount of spirituous	371
liquor that is provided in a serving of not more than a quarter	372
ounce of spirituous liquor and, if provided, not more than one	373
ounce of nonalcoholic mixer to an authorized purchaser and that	374
allows the purchaser to determine, by tasting only, the quality	375
and character of the beverage.	376

(3) "Trade marketing company" means a company that solicits	377
the purchase of beer and intoxicating liquor and educates the	378
public about beer and intoxicating liquor.	379

(4) "Trade marketing professional" means an individual who is	380
an employee of, or is under contract with, a trade marketing	381
company and who has successfully completed a training program	382
described in section 4301.253 of the Revised Code.	383

(B) Notwithstanding section 4301.24 of the Revised Code, an	384
agency store to which a D-8 permit has been issued may allow a	385
trade marketing professional, broker, or solicitor to offer for	386
sale tasting samples of spirituous liquor when conducted in	387
accordance with this section. A tasting sample shall not be sold	388
for the purpose of general consumption.	389

(C) Tasting samples of spirituous liquor may be offered for	390
sale at an agency store by a trade marketing professional, broker,	391
or solicitor if all of the following apply:	392

(1) The tasting samples are sold only in the area of the	393
agency store in which spirituous liquor is sold and that area is	394
open to the public.	395

(2) The tasting samples are sold only by the trade marketing	396
professional, broker, or solicitor.	397

(3) The spirituous liquor is registered under division (A)(8)	398
of section 4301.10 of the Revised Code.	399

(4) Not less than five business days prior to the sale, the	400
trade marketing professional, broker, or solicitor has provided	401
written notice to the division of liquor control of the date and	402
time of the sampling, and of the type and brand of spirituous	403
liquor to be sampled at the agency store.	404

(D) A sale of tasting samples of spirituous liquor is subject	405
to rules adopted by the superintendent of liquor control or the	406
liquor control commission.	407

(E) An offering for sale of tasting samples of spirituous	408
liquor shall be limited to a period of not more than two hours.	409

(F) For purposes of offering for sale tasting samples of	410
spirituous liquor, an agency store shall purchase the spirituous	411
liquor at the current retail price. An authorized purchaser shall	412
be charged not less than fifty cents for each tasting sample of	413
spirituous liquor. However, the aggregate amount charged for the	414
sale of tasting samples shall be sufficient to cover the wholesale	415
price of the spirituous liquor being tasted as that price is fixed	416
under division (B)(4) of section 4301.10 of the Revised Code. Of	417
the amount collected from the sale of tasting samples of	418
spirituous liquor, the trade marketing professional, broker, or	419
solicitor shall reimburse the agency store for the amount of the	420
retail price of the spirituous liquor. When the sale of tasting	421
samples of spirituous liquor at an agency store is completed, any	422
bottles of spirituous liquor used to provide tasting samples that	423
are not empty shall be marked as "sample" and removed from the	424
agency store by the trade marketing professional, broker, or	425
solicitor, as applicable.	426

(G) No trade marketing professional, broker, or solicitor	427
shall do any of the following:	428

(1) Advertise the offering for sale of tasting samples of	429
spirituous liquor other than at the agency store where the tasting	430
samples will be offered;	431

(2) Solicit orders or make sales of tasting samples of	432
spirituous liquor for quantities greater than those specified in	433
division (G)(3) of this section;	434

(3) Allow any authorized purchaser to consume more than four	435
tasting samples of spirituous liquor per day.	436

(H) The purchase of a tasting sample of spirituous liquor	437
shall not be contingent upon the purchase of any other product	438
from an agency store.	439

(I) No employee of an agency store that allows the sale of	440
tasting samples of spirituous liquor shall purchase or consume a	441
tasting sample while on duty.	442

(J) If an employee of an agency store that allows the sale of	443
tasting samples of spirituous liquor consumes a tasting sample of	444
spirituous liquor, the employee shall not perform the employee's	445
duties and responsibilities at the agency store on the day the	446
tasting sample is consumed.	447

(K) No person under twenty-one years of age shall consume a	448
tasting sample of spirituous liquor.	449

(L) Not more than five events at which the sale of tasting	450
samples of spirituous liquor are offered shall occur at an agency	451
store in a calendar month.	452

(M) No trade marketing professional, trade marketing company,	453
broker, solicitor, owner or operator of an agency store, or an	454
agent or employee of the owner or operator shall violate this	455
section or any rules adopted by the superintendent or the	456
commission for the purposes of this section.	457

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

458

(1) "Chauffeured limousine" means a vehicle registered under	459
section 4503.24 of the Revised Code.	460

(2) "Street," "highway," and "motor vehicle" have the same	461
meanings as in section 4511.01 of the Revised Code.	462

(B) No person shall have in the person's possession an opened	463
container of beer or intoxicating liquor in any of the following	464
circumstances:	465

(1) In a state liquorExcept as provided in division	466
(C)(1)(e) of this section, in an agency store;	467

(2) Except as provided in division (C) of this section, on	468
the premises of the holder of any permit issued by the division of	469
liquor control;	470

(3) In any other public place;

471

(4) Except as provided in division (D) or (E) of this	472
section, while operating or being a passenger in or on a motor	473
vehicle on any street, highway, or other public or private	474
property open to the public for purposes of vehicular travel or	475
parking;	476

(5) Except as provided in division (D) or (E) of this	477
section, while being in or on a stationary motor vehicle on any	478
street, highway, or other public or private property open to the	479
public for purposes of vehicular travel or parking.	480

(C)(1) A person may have in the person's possession an opened	481
container of any of the following:	482

(a) Beer or intoxicating liquor that has been lawfully	483
purchased for consumption on the premises where bought from the	484
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	485
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	486
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	487
F-8 permit;	488

(b) Beer, wine, or mixed beverages served for consumption on	489
the premises by the holder of an F-3 permit or wine served for	490
consumption on the premises by the holder of an F-4 or F-6 permit;	491

(c) Beer or intoxicating liquor consumed on the premises of a	492
convention facility as provided in section 4303.201 of the Revised	493
Code;	494

(d) Beer or intoxicating liquor to be consumed during	495
tastings and samplings approved by rule of the liquor control	496
commission;	497

(e) Spirituous liquor to be consumed for purposes of a	498
tasting sample, as defined in section 4301.171 of the Revised	499
Code.	500

(2) A person may have in the person's possession on an F	501
liquor permit premises an opened container of beer or intoxicating	502
liquor that was not purchased from the holder of the F permit if	503
the premises for which the F permit is issued is a music festival	504
and the holder of the F permit grants permission for that	505
possession on the premises during the period for which the F	506
permit is issued. As used in this division, "music festival" means	507
a series of outdoor live musical performances, extending for a	508
period of at least three consecutive days and located on an area	509
of land of at least forty acres.	510

(3)(a) A person may have in the person's possession on a D-2	511
liquor permit premises an opened or unopened container of wine	512
that was not purchased from the holder of the D-2 permit if the	513
premises for which the D-2 permit is issued is an outdoor	514
performing arts center, the person is attending an orchestral	515
performance, and the holder of the D-2 permit grants permission	516
for the possession and consumption of wine in certain	517
predesignated areas of the premises during the period for which	518
the D-2 permit is issued.	519

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

520

(i) "Orchestral performance" means a concert comprised of a	521
group of not fewer than forty musicians playing various musical	522
instruments.	523

(ii) "Outdoor performing arts center" means an outdoor	524
performing arts center that is located on not less than one	525
hundred fifty acres of land and that is open for performances from	526
the first day of April to the last day of October of each year.	527

(4) A person may have in the person's possession an opened or	528
unopened container of beer or intoxicating liquor at an outdoor	529
location at which the person is attending an orchestral	530
performance as defined in division (C)(3)(b)(i) of this section if	531
the person with supervision and control over the performance	532
grants permission for the possession and consumption of beer or	533
intoxicating liquor in certain predesignated areas of that outdoor	534
location.	535

(5) A person may have in the person's possession on an F-9	536
liquor permit premises an opened or unopened container of beer or	537
intoxicating liquor that was not purchased from the holder of the	538
F-9 permit if the person is attending an orchestral performance	539
and the holder of the F-9 permit grants permission for the	540
possession and consumption of beer or intoxicating liquor in	541
certain predesignated areas of the premises during the period for	542
which the F-9 permit is issued.	543

As used in division (C)(5) of this section, "orchestral	544
performance" has the same meaning as in division (C)(3)(b) of this	545
section.	546

(D) This section does not apply to a person who pays all or a	547
portion of the fee imposed for the use of a chauffeured limousine	548
pursuant to a prearranged contract, or the guest of the person,	549
when all of the following apply:	550

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

551

(2) The person or guest is located in the limousine, but is	552
not occupying a seat in the front compartment of the limousine	553
where the operator of the limousine is located.	554

(3) The limousine is located on any street, highway, or other	555
public or private property open to the public for purposes of	556
vehicular travel or parking.	557

(E) An opened bottle of wine that was purchased from the	558
holder of a permit that authorizes the sale of wine for	559
consumption on the premises where sold is not an opened container	560
for the purposes of this section if both of the following apply:	561

(1) The opened bottle of wine is securely resealed by the	562
permit holder or an employee of the permit holder before the	563
bottle is removed from the premises. The bottle shall be secured	564
in such a manner that it is visibly apparent if the bottle has	565
been subsequently opened or tampered with.	566

(2) The opened bottle of wine that is resealed in accordance	567
with division (E)(1) of this section is stored in the trunk of a	568
motor vehicle or, if the motor vehicle does not have a trunk,	569
behind the last upright seat or in an area not normally occupied	570
by the driver or passengers and not easily accessible by the	571
driver.	572

Sec. 4303.02.  Permit A-1 may be issued to a manufacturer to	573
manufacture beer and sell beer products in bottles or containers	574
for home use and to retail and wholesale permit holders under	575
rules promulgatedadopted by the division of liquor control. In	576
addition, an A-1 permit holder may sell beer manufactured on the	577
premises at retail, by individual drink in a glass or from a	578
container, for consumption on the premises where sold. The fee for	579
this permit is three thousand nine hundred six dollars for each	580
plant during the year covered by the permit.	581

Sec. 4303.041. (A) An A-3a permit may be issued to a	582
distiller that manufactures less than ten thousand gallons of	583
spirituous liquor per year. An A-3a permit holder may sell to a	584
personal consumer, in sealed containers for consumption off the	585
premises where manufactured, spirituous liquor that the permit	586
holder manufactures, but sales to the personal consumer may occur	587
only by an in-person transaction at the permit premises. The A-3a	588
permit holder shall not ship, send, or use an H permit holder to	589
deliver spirituous liquor to the personal consumer.	590

"Distiller" means a person in this state who mashes,	591
ferments, distills, and ages spirituous liquor.	592

Not more than one A-3a permit may be issued per county and	593
only in a county with a population exceeding eight hundred	594
thousand.	595

(B)(1) Except as otherwise provided in this section, no A-3a	596
permit shall be issued unless the sale of spirituous liquor by the	597
glass for consumption on the premises or by the package for	598
consumption off the premises is authorized in the election	599
precinct in which the A-3a permit is proposed to be located.	600

(2) Division (B)(1) of this section does not prohibit the	601
issuance of an A-3a permit to an applicant for such a permit who	602
has filed an application with the division of liquor control	603
before the effective date of this amendment.	604

(C)(1) An A-3a permit holder may offer for sale tasting	605
samples of spirituous liquor. The A-3a permit holder shall not	606
serve more than four tasting samples of spirituous liquor per	607
person per day. A tasting sample shall not exceed a quarter ounce.	608
Tasting samples shall be only for the purpose of allowing a	609
purchaser to determine, by tasting only, the quality and character	610
of the spirituous liquor. The tasting samples shall be offered for	611
sale in accordance with rules adopted by the division of liquor	612
control.	613

(2) An A-3a permit holder shall sell not more than one and	614
one-half liters of spirituous liquor per day from the permit	615
premises to the same personal consumer.	616

An A-3a permit holder may sell spirituous liquor in sealed	617
containers for consumption off the premises where manufactured as	618
an independent contractor under agreement, by virtue of the	619
permit, with the division of liquor control. The price at which	620
the A-3a permit holder shall sell each spirituous liquor product	621
to a personal consumer is to be determined by the division of	622
liquor control. For an A-3a permit holder to purchase and then	623
offer spirituous liquor for retail sale, the spirituous liquor	624
need not first leave the physical possession of the A-3a permit	625
holder to be so registered. The spirituous liquor that the A-3a	626
permit holder buys from the division of liquor control shall be	627
maintained in a separate area of the permit premises for sale to	628
personal consumers. The A-3a permit holder shall sell such	629
spirituous liquor in sealed containers for consumption off the	630
premises where manufactured as an independent contractor by virtue	631
of the permit issued by the division of liquor control, but the	632
permit holder shall not be compensated as provided in division	633
(A)(1) of section 4301.17 of the Revised Code. Each A-3a permit	634
holder shall be subject to audit by the division of liquor	635
control.	636

(D) The fee for the A-3a permit is three thousand nine	637
hundred six dollars for each plant, but if the production capacity	638
of a plant is less than five hundred wine barrels of fifty gallons	639
each annually, the fee is two dollars per fifty-gallon barrel.	640

(E) The holder of an A-3a permit may also exercise the same	641
privileges as the holder of an A-3 permit.	642

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	643
owner or operator of a hotel or motel that is required to be	644
licensed under section 3731.03 of the Revised Code, that contains	645
at least fifty rooms for registered transient guests or is owned	646
by a state institution of higher education as defined in section	647
3345.011 of the Revised Code or a private college or university,	648
and that qualifies under the other requirements of this section,	649
or to the owner or operator of a restaurant specified under this	650
section, to sell beer and any intoxicating liquor at retail, only	651
by the individual drink in glass and from the container, for	652
consumption on the premises where sold, and to registered guests	653
in their rooms, which may be sold by means of a controlled access	654
alcohol and beverage cabinet in accordance with division (B) of	655
section 4301.21 of the Revised Code; and to sell the same products	656
in the same manner and amounts not for consumption on the premises	657
as may be sold by holders of D-1 and D-2 permits. The premises of	658
the hotel or motel shall include a retail food establishment or a	659
food service operation licensed pursuant to Chapter 3717. of the	660
Revised Code that operates as a restaurant for purposes of this	661
chapter and that is affiliated with the hotel or motel and within	662
or contiguous to the hotel or motel, and that serves food within	663
the hotel or motel, but the principal business of the owner or	664
operator of the hotel or motel shall be the accommodation of	665
transient guests. In addition to the privileges authorized in this	666
division, the holder of a D-5a permit may exercise the same	667
privileges as the holder of a D-5 permit.	668

The owner or operator of a hotel, motel, or restaurant who	669
qualified for and held a D-5a permit on August 4, 1976, may, if	670
the owner or operator held another permit before holding a D-5a	671
permit, either retain a D-5a permit or apply for the permit	672
formerly held, and the division of liquor control shall issue the	673
permit for which the owner or operator applies and formerly held,	674
notwithstanding any quota.	675

A D-5a permit shall not be transferred to another location.	676
No quota restriction shall be placed on the number of D-5a permits	677
that may be issued.	678

The fee for this permit is two thousand three hundred	679
forty-four dollars.	680

(B) Permit D-5b may be issued to the owner, operator, tenant,	681
lessee, or occupant of an enclosed shopping center to sell beer	682
and intoxicating liquor at retail, only by the individual drink in	683
glass and from the container, for consumption on the premises	684
where sold; and to sell the same products in the same manner and	685
amount not for consumption on the premises as may be sold by	686
holders of D-1 and D-2 permits. In addition to the privileges	687
authorized in this division, the holder of a D-5b permit may	688
exercise the same privileges as a holder of a D-5 permit.	689

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

690

One D-5b permit may be issued at an enclosed shopping center	691
containing at least two hundred twenty-five thousand, but less	692
than four hundred thousand, square feet of floor area.	693

Two D-5b permits may be issued at an enclosed shopping center	694
containing at least four hundred thousand square feet of floor	695
area. No more than one D-5b permit may be issued at an enclosed	696
shopping center for each additional two hundred thousand square	697
feet of floor area or fraction of that floor area, up to a maximum	698
of five D-5b permits for each enclosed shopping center. The number	699
of D-5b permits that may be issued at an enclosed shopping center	700
shall be determined by subtracting the number of D-3 and D-5	701
permits issued in the enclosed shopping center from the number of	702
D-5b permits that otherwise may be issued at the enclosed shopping	703
center under the formulas provided in this division. Except as	704
provided in this section, no quota shall be placed on the number	705
of D-5b permits that may be issued. Notwithstanding any quota	706
provided in this section, the holder of any D-5b permit first	707
issued in accordance with this section is entitled to its renewal	708
in accordance with section 4303.271 of the Revised Code.	709

The holder of a D-5b permit issued before April 4, 1984,	710
whose tenancy is terminated for a cause other than nonpayment of	711
rent, may return the D-5b permit to the division of liquor	712
control, and the division shall cancel that permit. Upon	713
cancellation of that permit and upon the permit holder's payment	714
of taxes, contributions, premiums, assessments, and other debts	715
owing or accrued upon the date of cancellation to this state and	716
its political subdivisions and a filing with the division of a	717
certification of that payment, the division shall issue to that	718
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	719
that person requests. The division shall issue the D-5 permit, or	720
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	721
D-3, or D-5 permits currently issued in the municipal corporation	722
or in the unincorporated area of the township where that person's	723
proposed premises is located equals or exceeds the maximum number	724
of such permits that can be issued in that municipal corporation	725
or in the unincorporated area of that township under the	726
population quota restrictions contained in section 4303.29 of the	727
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	728
be transferred to another location. If a D-5b permit is canceled	729
under the provisions of this paragraph, the number of D-5b permits	730
that may be issued at the enclosed shopping center for which the	731
D-5b permit was issued, under the formula provided in this	732
division, shall be reduced by one if the enclosed shopping center	733
was entitled to more than one D-5b permit under the formula.	734

The fee for this permit is two thousand three hundred	735
forty-four dollars.	736

(C) Permit D-5c may be issued to the owner or operator of a	737
retail food establishment or a food service operation licensed	738
pursuant to Chapter 3717. of the Revised Code that operates as a	739
restaurant for purposes of this chapter and that qualifies under	740
the other requirements of this section to sell beer and any	741
intoxicating liquor at retail, only by the individual drink in	742
glass and from the container, for consumption on the premises	743
where sold, and to sell the same products in the same manner and	744
amounts not for consumption on the premises as may be sold by	745
holders of D-1 and D-2 permits. In addition to the privileges	746
authorized in this division, the holder of a D-5c permit may	747
exercise the same privileges as the holder of a D-5 permit.	748

To qualify for a D-5c permit, the owner or operator of a	749
retail food establishment or a food service operation licensed	750
pursuant to Chapter 3717. of the Revised Code that operates as a	751
restaurant for purposes of this chapter, shall have operated the	752
restaurant at the proposed premises for not less than twenty-four	753
consecutive months immediately preceding the filing of the	754
application for the permit, have applied for a D-5 permit no later	755
than December 31, 1988, and appear on the division's quota waiting	756
list for not less than six months immediately preceding the filing	757
of the application for the permit. In addition to these	758
requirements, the proposed D-5c permit premises shall be located	759
within a municipal corporation and further within an election	760
precinct that, at the time of the application, has no more than	761
twenty-five per cent of its total land area zoned for residential	762
use.	763

A D-5c permit shall not be transferred to another location.	764
No quota restriction shall be placed on the number of such permits	765
that may be issued.	766

Any person who has held a D-5c permit for at least two years	767
may apply for a D-5 permit, and the division of liquor control	768
shall issue the D-5 permit notwithstanding the quota restrictions	769
contained in section 4303.29 of the Revised Code or in any rule of	770
the liquor control commission.	771

The fee for this permit is one thousand five hundred	772
sixty-three dollars.	773

(D) Permit D-5d may be issued to the owner or operator of a	774
retail food establishment or a food service operation licensed	775
pursuant to Chapter 3717. of the Revised Code that operates as a	776
restaurant for purposes of this chapter and that is located at an	777
airport operated by a board of county commissioners pursuant to	778
section 307.20 of the Revised Code, at an airport operated by a	779
port authority pursuant to Chapter 4582. of the Revised Code, or	780
at an airport operated by a regional airport authority pursuant to	781
Chapter 308. of the Revised Code. The holder of a D-5d permit may	782
sell beer and any intoxicating liquor at retail, only by the	783
individual drink in glass and from the container, for consumption	784
on the premises where sold, and may sell the same products in the	785
same manner and amounts not for consumption on the premises where	786
sold as may be sold by the holders of D-1 and D-2 permits. In	787
addition to the privileges authorized in this division, the holder	788
of a D-5d permit may exercise the same privileges as the holder of	789
a D-5 permit.	790

A D-5d permit shall not be transferred to another location.	791
No quota restrictions shall be placed on the number of such	792
permits that may be issued.	793

The fee for this permit is two thousand three hundred	794
forty-four dollars.	795

(E) Permit D-5e may be issued to any nonprofit organization	796
that is exempt from federal income taxation under the "Internal	797
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	798
amended, or that is a charitable organization under any chapter of	799
the Revised Code, and that owns or operates a riverboat that meets	800
all of the following:	801

(1) Is permanently docked at one location;

802

(2) Is designated as an historical riverboat by the Ohio	803
historical society;	804

(3) Contains not less than fifteen hundred square feet of	805
floor area;	806

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

807

The holder of a D-5e permit may sell beer and intoxicating	808
liquor at retail, only by the individual drink in glass and from	809
the container, for consumption on the premises where sold.	810

A D-5e permit shall not be transferred to another location.	811
No quota restriction shall be placed on the number of such permits	812
that may be issued. The population quota restrictions contained in	813
section 4303.29 of the Revised Code or in any rule of the liquor	814
control commission shall not apply to this division, and the	815
division shall issue a D-5e permit to any applicant who meets the	816
requirements of this division. However, the division shall not	817
issue a D-5e permit if the permit premises or proposed permit	818
premises are located within an area in which the sale of	819
spirituous liquor by the glass is prohibited.	820

The fee for this permit is one thousand two hundred nineteen	821
dollars.	822

(F) Permit D-5f may be issued to the owner or operator of a	823
retail food establishment or a food service operation licensed	824
under Chapter 3717. of the Revised Code that operates as a	825
restaurant for purposes of this chapter and that meets all of the	826
following:	827

(1) It contains not less than twenty-five hundred square feet	828
of floor area.	829

(2) It is located on or in, or immediately adjacent to, the	830
shoreline of, a navigable river.	831

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

832

(4) It provides entertainment and recreation, provided that	833
not less than fifty per cent of the business on the permit	834
premises shall be preparing and serving meals for a consideration.	835

In addition, each application for a D-5f permit shall be	836
accompanied by a certification from the local legislative	837
authority that the issuance of the D-5f permit is not inconsistent	838
with that political subdivision's comprehensive development plan	839
or other economic development goal as officially established by	840
the local legislative authority.	841

The holder of a D-5f permit may sell beer and intoxicating	842
liquor at retail, only by the individual drink in glass and from	843
the container, for consumption on the premises where sold.	844

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

845

The division of liquor control shall not issue a D-5f permit	846
if the permit premises or proposed permit premises are located	847
within an area in which the sale of spirituous liquor by the glass	848
is prohibited.	849

A fee for this permit is two thousand three hundred	850
forty-four dollars.	851

As used in this division, "navigable river" means a river	852
that is also a "navigable water" as defined in the "Federal Power	853
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	854

(G) Permit D-5g may be issued to a nonprofit corporation that	855
is either the owner or the operator of a national professional	856
sports museum. The holder of a D-5g permit may sell beer and any	857
intoxicating liquor at retail, only by the individual drink in	858
glass and from the container, for consumption on the premises	859
where sold. The holder of a D-5g permit shall sell no beer or	860
intoxicating liquor for consumption on the premises where sold	861
after one a.m. A D-5g permit shall not be transferred to another	862
location. No quota restrictions shall be placed on the number of	863
D-5g permits that may be issued. The fee for this permit is one	864
thousand eight hundred seventy-five dollars.	865

(H)(1) Permit D-5h may be issued to any nonprofit	866
organization that is exempt from federal income taxation under the	867
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	868
501(c)(3), as amended, that owns or operates any of the following:	869

(a) A fine arts museum, provided that the nonprofit	870
organization has no less than one thousand five hundred bona fide	871
members possessing full membership privileges;	872

(b) A community arts center. As used in division (H)(1)(b) of	873
this section, "community arts center" means a facility that	874
provides arts programming to the community in more than one arts	875
discipline, including, but not limited to, exhibits of works of	876
art and performances by both professional and amateur artists.	877

(c) A community theater, provided that the nonprofit	878
organization is a member of the Ohio arts council and the American	879
community theatre association and has been in existence for not	880
less than ten years. As used in division (H)(1)(c) of this	881
section, "community theater" means a facility that contains at	882
least one hundred fifty seats and has a primary function of	883
presenting live theatrical performances and providing recreational	884
opportunities to the community.	885

(2) The holder of a D-5h permit may sell beer and any	886
intoxicating liquor at retail, only by the individual drink in	887
glass and from the container, for consumption on the premises	888
where sold. The holder of a D-5h permit shall sell no beer or	889
intoxicating liquor for consumption on the premises where sold	890
after one a.m. A D-5h permit shall not be transferred to another	891
location. No quota restrictions shall be placed on the number of	892
D-5h permits that may be issued.	893

(3) The fee for a D-5h permit is one thousand eight hundred	894
seventy-five dollars.	895

(I) Permit D-5i may be issued to the owner or operator of a	896
retail food establishment or a food service operation licensed	897
under Chapter 3717. of the Revised Code that operates as a	898
restaurant for purposes of this chapter and that meets all of the	899
following requirements:	900

(1) It is located in a municipal corporation or a township	901
with a population of one hundred thousand or less.	902

(2) It has inside seating capacity for at least one hundred	903
forty persons.	904

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

905

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

906

(5) Its receipts from beer and liquor sales, excluding wine	907
sales, do not exceed twenty-five per cent of its total gross	908
receipts.	909

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

910

(a) The value of its real and personal property exceeds seven	911
hundred twenty-five thousand dollars.	912

(b) It is located on property that is owned or leased by the	913
state or a state agency, and its owner or operator has	914
authorization from the state or the state agency that owns or	915
leases the property to obtain a D-5i permit.	916

The holder of a D-5i permit may sell beer and any	917
intoxicating liquor at retail, only by the individual drink in	918
glass and from the container, for consumption on the premises	919
where sold, and may sell the same products in the same manner and	920
amounts not for consumption on the premises where sold as may be	921
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	922
permit shall sell no beer or intoxicating liquor for consumption	923
on the premises where sold after two-thirty a.m. In addition to	924
the privileges authorized in this division, the holder of a D-5i	925
permit may exercise the same privileges as the holder of a D-5	926
permit.	927

A D-5i permit shall not be transferred to another location.	928
The division of liquor control shall not renew a D-5i permit	929
unless the retail food establishment or food service operation for	930
which it is issued continues to meet the requirements described in	931
divisions (I)(1) to (6) of this section. No quota restrictions	932
shall be placed on the number of D-5i permits that may be issued.	933
The fee for the D-5i permit is two thousand three hundred	934
forty-four dollars.	935

(J)(1) Permit D-5j may be issued to the owner or the operator	936
of a retail food establishment or a food service operation	937
licensed under Chapter 3717. of the Revised Code to sell beer and	938
intoxicating liquor at retail, only by the individual drink in	939
glass and from the container, for consumption on the premises	940
where sold and to sell beer and intoxicating liquor in the same	941
manner and amounts not for consumption on the premises where sold	942
as may be sold by the holders of D-1 and D-2 permits. The holder	943
of a D-5j permit may exercise the same privileges, and shall	944
observe the same hours of operation, as the holder of a D-5	945
permit.	946

(2) The D-5j permit shall be issued only within a community	947
entertainment district that is designated under section 4301.80 of	948
the Revised Code and that meets one of the following	949
qualifications:	950

(a)(1) It is located in a municipal corporation with a	951
population of at least one hundred thousand.	952

(b)(2) It is located in a municipal corporation with a	953
population of at least twenty thousand, and either of the	954
following applies:	955

(i)(a) It contains an amusement park the rides of which have	956
been issued a permit by the department of agriculture under	957
Chapter 1711. of the Revised Code.	958

(ii)(b) Not less than fifty million dollars will be invested	959
in development and construction in the community entertainment	960
district's area located in the municipal corporation.	961

(c)(3) It is located in a township with a population of at	962
least forty thousand.	963

(d)(4) It is located in a township with a population of at	964
least twenty thousand, and not less than seventy million dollars	965
will be invested in development and construction in the community	966
entertainment district's area located in the township.	967

(5) It is located in a municipal corporation with a	968
population between ten thousand and twenty thousand, and both of	969
the following apply:	970

(a) The municipal corporation was incorporated as a village	971
prior to calendar year 1840 and currently has a historic downtown	972
business district.	973

(b) The municipal corporation is located in the same county	974
as another municipal corporation with at least one community	975
entertainment district.	976

(6) It is located in a municipal corporation with a	977
population of at least ten thousand, and not less than seventy	978
million dollars will be invested in development and construction	979
in the community entertainment district's area located in the	980
municipal corporation.	981

(e)(7) It is located in a municipal corporation with a	982
population of at least five thousand, and not less than one	983
hundred million dollars will be invested in development and	984
construction in the community entertainment district's area	985
located in the municipal corporation.	986

(3) The location of a D-5j permit may be transferred only	987
within the geographic boundaries of the community entertainment	988
district in which it was issued and shall not be transferred	989
outside the geographic boundaries of that district.	990

(4) Not more than one D-5j permit shall be issued within each	991
community entertainment district for each five acres of land	992
located within the district. Not more than fifteen D-5j permits	993
may be issued within a single community entertainment district.	994
Except as otherwise provided in division (J)(4) of this section,	995
no quota restrictions shall be placed upon the number of D-5j	996
permits that may be issued.	997

(5) The fee for a D-5j permit is two thousand three hundred	998
forty-four dollars.	999

(K)(1) Permit D-5k may be issued to any nonprofit	1000
organization that is exempt from federal income taxation under the	1001
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1002
501(c)(3), as amended, that is the owner or operator of a	1003
botanical garden recognized by the American association of	1004
botanical gardens and arboreta, and that has not less than	1005
twenty-five hundred bona fide members.	1006

(2) The holder of a D-5k permit may sell beer and any	1007
intoxicating liquor at retail, only by the individual drink in	1008
glass and from the container, on the premises where sold.	1009

(3) The holder of a D-5k permit shall sell no beer or	1010
intoxicating liquor for consumption on the premises where sold	1011
after one a.m.	1012

(4) A D-5k permit shall not be transferred to another	1013
location.	1014

(5) No quota restrictions shall be placed on the number of	1015
D-5k permits that may be issued.	1016

(6) The fee for the D-5k permit is one thousand eight hundred	1017
seventy-five dollars.	1018

(L)(1) Permit D-5l may be issued to the owner or the operator	1019
of a retail food establishment or a food service operation	1020
licensed under Chapter 3717. of the Revised Codebusiness	1021
establishment to sell beer and intoxicating liquor at retail, only	1022
by the individual drink in glass and from the container, for	1023
consumption on the premises where sold and to sell beer and	1024
intoxicating liquor in the same manner and amounts not for	1025
consumption on the premises where sold as may be sold by the	1026
holders of D-1 and D-2 permits. The holder of a D-5l permit may	1027
exercise the same privileges, and shall observe the same hours of	1028
operation, as the holder of a D-5 permit.	1029

(2) The D-5l permit shall be issued only to a premises that	1030
has gross annual receipts from the sale of food and meals that	1031
constitute not less than seventy-five per cent of its total gross	1032
annual receipts, that is located within a revitalization district	1033
that is designated under section 4301.81 of the Revised Code, that	1034
is located in a municipal corporation or township in which the	1035
number of D-5 permits issued equals or exceeds the number of those	1036
permits that may be issued in that municipal corporation or	1037
township under section 4303.29 of the Revised Code, and that is	1038
located in a county with a population of one hundred twenty-five	1039
thousand or less according to the population estimates certified	1040
by the department of development for calendar year 2006.	1041

(3) The location of a D-5l permit may be transferred only	1042
within the geographic boundaries of the revitalization district in	1043
which it was issued and shall not be transferred outside the	1044
geographic boundaries of that district.	1045

(4) Not more than one D-5l permit shall be issued within each	1046
revitalization district for each five acres of land located within	1047
the district. Not more than fivefifteen D-5l permits may be	1048
issued within a single revitalization district. Except as	1049
otherwise provided in division (L)(4) of this section, no quota	1050
restrictions shall be placed upon the number of D-5l permits that	1051
may be issued.	1052

(5) No D-5l permit shall be issued to an adult entertainment	1053
establishment as defined in section 2907.39 of the Revised Code.	1054

(6) The fee for a D-5l permit is two thousand three hundred	1055
forty-four dollars.	1056

(M) Permit D-5m may be issued to either the owner or the	1057
operator of a retail food establishment or food service operation	1058
licensed under Chapter 3717. of the Revised Code that operates as	1059
a restaurant for purposes of this chapter and that is located in,	1060
or affiliated with, a center for the preservation of wild animals	1061
as defined in section 4301.404 of the Revised Code, to sell beer	1062
and any intoxicating liquor at retail, only by the glass and from	1063
the container, for consumption on the premises where sold, and to	1064
sell the same products in the same manner and amounts not for	1065
consumption on the premises as may be sold by the holders of D-1	1066
and D-2 permits. In addition to the privileges authorized by this	1067
division, the holder of a D-5m permit may exercise the same	1068
privileges as the holder of a D-5 permit.	1069

A D-5m permit shall not be transferred to another location.	1070
No quota restrictions shall be placed on the number of D-5m	1071
permits that may be issued. The fee for a permit D-5m is two	1072
thousand three hundred forty-four dollars.	1073

(N) Permit D-5n shall be issued to either a casino operator	1074
or a casino management company licensed under Chapter 3772. of the	1075
Revised Code that operates a casino facility under that chapter,	1076
to sell beer and any intoxicating liquor at retail, only by the	1077
individual drink in glass and from the container, for consumption	1078
on the premises where sold, and to sell the same products in the	1079
same manner and amounts not for consumption on the premises as may	1080
be sold by the holders of D-1 and D-2 permits. In addition to the	1081
privileges authorized by this division, the holder of a D-5n	1082
permit may exercise the same privileges as the holder of a D-5	1083
permit. A D-5n permit shall not be transferred to another	1084
location. Only one D-5n permit may be issued per casino facility	1085
and not more than four D-5n permits shall be issued in this state.	1086
The fee for a permit D-5n shall be twenty thousand dollars. The	1087
holder of a D-5n permit may conduct casino gaming on the permit	1088
premises notwithstanding any provision of the Revised Code or	1089
Administrative Code.	1090

(O) Permit D-5o may be issued to the owner or operator of a	1091
retail food establishment or a food service operation licensed	1092
under Chapter 3717. of the Revised Code that operates as a	1093
restaurant for purposes of this chapter and that is located within	1094
a casino facility for which a D-5n permit has been issued. The	1095
holder of a D-5o permit may sell beer and any intoxicating liquor	1096
at retail, only by the individual drink in glass and from the	1097
container, for consumption on the premises where sold, and may	1098
sell the same products in the same manner and amounts not for	1099
consumption on the premises where sold as may be sold by the	1100
holders of D-1 and D-2 permits. In addition to the privileges	1101
authorized by this division, the holder of a D-5o permit may	1102
exercise the same privileges as the holder of a D-5 permit. A D-5o	1103
permit shall not be transferred to another location. No quota	1104
restrictions shall be placed on the number of such permits that	1105
may be issued. The fee for this permit is two thousand three	1106
hundred forty-four dollars.	1107

Sec. 4303.184.  (A) Subject to division (B) of this section,	1108
a D-8 permit may be issued to theeither of the following:	1109

(1) An agency store;

1110

(2) The holder of a C-1, C-2, or C-2x permit issued to a	1111
retail store that has either of the following characteristics:	1112

(1)(a) The store has at least five thousand five hundred	1113
square feet of floor area, and it generates more than sixty per	1114
cent of its sales in general merchandise items and food for	1115
consumption off the premises where sold.	1116

(2)(b) Wine constitutes at least sixty per cent of the value	1117
of the store's inventory.	1118

(B) A D-8 permit may be issued to the holder of a C-1, C-2,	1119
or C-2x permit only if the premises of the permit holder are	1120
located in a precinct, or at a particular location in a precinct,	1121
in which the sale of beer, wine, or mixed beverages is permitted	1122
for consumption off the premises where sold. Sales under a D-8	1123
permit are not affected by whether sales for consumption on the	1124
premises where sold are permitted in the precinct or at the	1125
particular location where the D-8 premises are located.	1126

(C)(1) The holder of a D-8 permit described in division	1127
(A)(2) of this section may sell tasting samples of beer, wine, and	1128
mixed beverages, but not spirituous liquor, at retail, for	1129
consumption on the premises where sold in an amount not to exceed	1130
two ounces or another amount designated by rule of the liquor	1131
control commission. A tasting sample shall not be sold for general	1132
consumption. No	1133

(2) The holder of a D-8 permit described in division (A)(1)	1134
of this section may allow the sale of tasting samples of	1135
spirituous liquor in accordance with section 4301.171 of the	1136
Revised Code.	1137

(3) No D-8 permit holder described in division (A)(2) of this	1138
section shall allow any authorized purchaser to consume more than	1139
four tasting samples of beer, wine, or mixed beverages, or any	1140
combination of beer, wine, or mixed beverages, per day.	1141

(D)(1) Notwithstanding sections 4303.11 and 4303.121 of the	1142
Revised Code, the holder of a D-8 permit described in division	1143
(A)(2) of this section may sell beer that is dispensed from	1144
containers that have a capacity equal to or greater than five and	1145
one-sixth gallons if all of the following conditions are met:	1146

(a) A product registration fee for the beer has been paid as	1147
required in division (A)(8)(b) of section 4301.10 of the Revised	1148
Code.	1149

(b) The beer is dispensed only in glass containers whose	1150
capacity does not exceed one gallon and not for consumption on the	1151
premises where sold.	1152

(c) The containers are sealed, marked, and transported in	1153
accordance with division (E) of section 4301.62 of the Revised	1154
Code.	1155

(d) The containers have been cleaned immediately before being	1156
filled in accordance with rule 4301:1-1-28 of the Administrative	1157
Code.	1158

(2) Beer that is sold and dispensed under division (D)(1) of	1159
this section is subject to both of the following:	1160

(a) All applicable rules adopted by the liquor control	1161
commission, including, but not limited to, rule 4301:1-1-27 and	1162
rule 4301:1-1-72 of the Administrative Code;	1163

(b) All applicable federal laws and regulations.

1164

(E) The privileges authorized underfor the holder of a D-8	1165
permit described in division (A)(2) of this section may only be	1166
exercised in conjunction with and during the hours of operation	1167
authorized by a C-1, C-2, C-2x, or D-6 permit.	1168

(E)(F) A D-8 permit shall not be transferred to another	1169
location.	1170

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

1171

Sec. 4303.209. (A)(1) The division of liquor control may	1172
issue an F-9 permit to a nonprofit corporation that operates a	1173
park on property leased from a municipal corporation or a	1174
nonprofit corporation that provides or manages entertainment	1175
programming pursuant to an agreement with a nonprofit corporation	1176
that operates a park on property leased from a municipal	1177
corporation to sell beer or intoxicating liquor by the individual	1178
drink at specific events conducted within the park property and	1179
appurtenant streets, but only if, and only at times at which, the	1180
sale of beer and intoxicating liquor on the premises is otherwise	1181
permitted by law. Additionally, an F-9 permit may be issued only	1182
if the park property is located in a county that has a population	1183
of between one million one hundred thousand and one million two	1184
hundred thousand on the effective date of this section.	1185

(2) The division may issue separate F-9 permits to a	1186
nonprofit corporation that operates a park on property leased from	1187
a municipal corporation and a nonprofit corporation that provides	1188
or manages entertainment programming pursuant to an agreement with	1189
a nonprofit corporation that operates a park on property leased	1190
from a municipal corporation to be effective during the same time	1191
period. However, the permit privileges may be exercised by only	1192
one of the holders of an F-9 permit at specific events. The other	1193
holder of an F-9 permit shall certify to the division that it will	1194
not exercise its permit privileges during that specific event.	1195

(3) The premises on which an F-9 permit will be used shall be	1196
clearly defined and sufficiently restricted to allow proper	1197
supervision of the permit's use by state and local law enforcement	1198
officers. Sales under an F-9 permit shall be confined to the same	1199
hours permitted to the holder of a D-3 permit.	1200

(4) The fee for an F-9 permit is one thousand seven hundred	1201
dollars. An F-9 permit is effective for a period not to exceed	1202
nine months as specified in the permit. An F-9 permit is not	1203
transferable or renewable. However, the holder of an F-9 permit	1204
may apply for a new F-9 permit at any time. The holder of an F-9	1205
permit shall make sales only at those specific events about which	1206
the permit holder has notified in advance the division of liquor	1207
control, the department of public safety, and the chief, sheriff,	1208
or other principal peace officer of the local law enforcement	1209
agencies having jurisdiction over the premises.	1210

(B)(1) An application for the issuance of an F-9 permit is	1211
subject to the notice and hearing requirements established in	1212
division (A) of section 4303.26 of the Revised Code.	1213

(2) The liquor control commission shall adopt rules under	1214
Chapter 119. of the Revised Code necessary to administer this	1215
section.	1216

(C) No F-9 permit holder shall sell beer or intoxicating	1217
liquor beyond the hours of sale allowed by the permit. This	1218
division imposes strict liability on the holder of an F-9 permit	1219
and on any officer, agent, or employee of that permit holder.	1220

(D) Nothing in this section prohibits the division from	1221
issuing an F-2 permit for a specific event not conducted by the	1222
holder of an F-9 permit provided that the holder of the F-9 permit	1223
certifies to the division that it will not exercise its permit	1224
privileges during that specific event.	1225

Sec. 4303.25.  No person personally or by the person's clerk,	1226
agent, or employee shall manufacture, manufacture for sale, offer,	1227
keep, or possess for sale, furnish or sell, or solicit the	1228
purchase or sale of any beer or intoxicating liquor in this state,	1229
or transport, import, or cause to be transported or imported any	1230
beer, intoxicating liquor, or alcohol in or into this state for	1231
delivery, use, or sale, unless the person has fully complied with	1232
this chapter and Chapter 4301. of the Revised Code or is the	1233
holder of a permit issued by the division of liquor control and in	1234
force at the time.	1235

The superintendent of liquor control may adopt rules	1236
requiring a person acting as an agent, solicitor, trade marketing	1237
professional, or salesperson for a manufacturer, supplier, broker,	1238
trade marketing company, or wholesale distributor, who solicits	1239
permit holders authorized to deal in beer and intoxicating liquor,	1240
to be registered with the division and may cite the registrant to	1241
the liquor control commission for a violation of this chapter,	1242
Chapter 4301. of the Revised Code, or the rules adopted by the	1243
commission or superintendent.	1244

A trade marketing professional may be registered for more	1245
than one trade marketing company.	1246

No manufacturer, supplier, wholesale distributor, broker, or	1247
retailer of beer or intoxicating liquor, or other person shall	1248
employ, retain, or otherwise utilize any person in this state to	1249
act as an employee, agent, solicitor, or salesperson, or act in	1250
any other representative capacity to sell, solicit, take orders,	1251
or receive offers to purchase or expressions of interest to	1252
purchase beer or intoxicating liquor from any person, at any	1253
location other than a liquor permit premises, except as	1254
specifically authorized by Chapter 4301. or 4303. of the Revised	1255
Code or rules adopted thereunder. No function, event, or party	1256
shall take place at any location other than a liquor permit	1257
premises where any person acts in any manner to sell, solicit,	1258
take orders, or receive offers to purchase or expressions of	1259
intent to purchase beer or intoxicating liquor to or from any	1260
person, except as specifically authorized by Chapter 4301. or	1261
4303. of the Revised Code or rules adopted thereunder.	1262

As used in this section, "trade marketing company" and "trade	1263
marketing professional" have the same meanings as in section	1264
4301.171 of the Revised Code.	1265

Sec. 4303.29.  (A) No permit, other than an H permit, shall	1266
be issued to a firm or partnership unless all the members of the	1267
firm or partnership are citizens of the United States. No permit,	1268
other than an H permit, shall be issued to an individual who is	1269
not a citizen of the United States. No permit, other than an E or	1270
H permit, shall be issued to any corporation organized under the	1271
laws of any country, territory, or state other than this state	1272
until it has furnished the division of liquor control with	1273
evidence that it has complied with the laws of this state relating	1274
to the transaction of business in this state.	1275

The division may refuse to issue any permit to or refuse to	1276
renew any permit of any person convicted of any felony that is	1277
reasonably related to the person's fitness to operate a liquor	1278
permit business in this state. No holder of a permit shall sell,	1279
assign, transfer, or pledge the permit without the written consent	1280
of the division.	1281

(B)(1) No D-3 permit shall be issued to any club unless the	1282
club has been continuously engaged in the activity specified in	1283
section 4303.15 of the Revised Code, as a qualification for that	1284
class of permit, for two years at the time the permit is issued.	1285

(2)(a) Subject to division (B)(2)(b) of this section, upon	1286
application by properly qualified persons, one C-1 and C-2 permit	1287
shall be issued for each one thousand population or part of that	1288
population, and one D-1 and D-2 permit shall be issued for each	1289
two thousand population or part of that population, in each	1290
municipal corporation and in the unincorporated area of each	1291
township.	1292

Subject to division (B)(2)(b) of this section, not more than	1293
one D-3, D-4, or D-5 permit shall be issued for each two thousand	1294
population or part of that population in any municipal corporation	1295
and in the unincorporated area of any township, except that, in	1296
any city of a population of fifty-five thousand or more, one D-3	1297
permit may be issued for each fifteen hundred population or part	1298
of that population.	1299

(b)(i) Division (B)(2)(a) of this section does not prohibit	1300
the transfer of location or the transfer of ownership and location	1301
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal	1302
corporation or the unincorporated area of a township in which the	1303
number of permits of that class exceeds the number of such permits	1304
authorized to be issued under division (B)(2)(a) of this section	1305
to an economic development project located in another municipal	1306
corporation or the unincorporated area of another township in	1307
which no additional permits of that class may be issued to the	1308
applicant under division (B)(2)(a) of this section, but. However,	1309
the transfer of location or transfer of ownership and location of	1310
the permit may occur only if the applicant notifies the municipal	1311
corporation or township to which the location of the permit will	1312
be transferred regarding the transfer and thatthe municipal	1313
corporation or township acknowledges in writing to the division of	1314
liquor control, at the time the application for the transfer of	1315
location or transfer of ownership and location of the permit is	1316
filed, that the transfer will be to an economic development	1317
project. ThisThe municipal corporation or township shall submit	1318
the acknowledgment at the time the application for the transfer is	1319
filed with the division.	1320

The acknowledgment by the municipal corporation or township	1321
does not prohibit it from requesting a hearing under section	1322
4303.26 of the Revised Code. The applicant is eligible to apply	1323
for and receive the transfer of location of the permit under	1324
division (B)(2)(b) of this section if all permits of that class	1325
that may be issued under division (B)(2)(a) of this section in the	1326
applicable municipal corporation or unincorporated area of the	1327
township have already been issued or if the number of applications	1328
filed for permits of that class in that municipal corporation or	1329
the unincorporated area of that township exceed the number of	1330
permits of that class that may be issued there under division	1331
(B)(2)(a) of this section.	1332

A permit transferred under division (B)(2)(b) of this section	1333
may be subsequently transferred to a different owner at the same	1334
location, or to the same owner or a different owner at a different	1335
location in the same municipal corporation or in the	1336
unincorporated area of the same township, as long as the same or	1337
new location meets the economic development project criteria set	1338
forth in this section.	1339

(ii) Factors that shall be used to determine the designation	1340
of an economic development project include, but are not limited	1341
to, architectural certification of the plans and the cost of the	1342
project, the number of jobs that will be created by the project,	1343
projected earnings of the project, projected tax revenues for the	1344
political subdivisions in which the project will be located, and	1345
the amount of financial investment in the project. The	1346
superintendent of liquor control shall determine whether the	1347
existing or proposed business that is seeking a permit described	1348
in division (B)(2)(b) of this section qualifies as an economic	1349
development project and, if the superintendent determines that it	1350
so qualifies, shall designate the business as an economic	1351
development project.	1352

(3) Nothing in this section shall be construed to restrict	1353
the issuance of a permit to a municipal corporation for use at a	1354
municipally owned airport at which commercial airline companies	1355
operate regularly scheduled flights on which space is available to	1356
the public. A municipal corporation applying for a permit for such	1357
a municipally owned airport is exempt, in regard to that	1358
application, from the population restrictions contained in this	1359
section and from population quota restrictions contained in any	1360
rule of the liquor control commission. A municipal corporation	1361
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a	1362
municipally owned airport is subject to section 4303.31 of the	1363
Revised Code.	1364

(4) Nothing in this section shall be construed to prohibit	1365
the issuance of a D permit to the board of trustees of a soldiers'	1366
memorial for a premises located at a soldiers' memorial	1367
established pursuant to Chapter 345. of the Revised Code. An	1368
application for a D permit by the board for those premises is	1369
exempt from the population restrictions contained in this section	1370
and from the population quota restrictions contained in any rule	1371
of the liquor control commission. The location of a D permit	1372
issued to the board for those premises shall not be transferred. A	1373
board of trustees of a soldiers' memorial applying for a D-1, D-2,	1374
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to	1375
section 4303.31 of the Revised Code.	1376

(5) Nothing in this section shall be construed to restrict	1377
the issuance of a permit for a premises located at a golf course	1378
owned by a municipal corporation, township, or county, owned by a	1379
park district created under Chapter 1545. of the Revised Code, or	1380
owned by the state. The location of such a permit issued on or	1381
after September 26, 1984, for a premises located at such a golf	1382
course shall not be transferred. Any application for such a permit	1383
is exempt from the population quota restrictions contained in this	1384
section and from the population quota restrictions contained in	1385
any rule of the liquor control commission. A municipal	1386
corporation, township, county, park district, or state agency	1387
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf	1388
course is subject to section 4303.31 of the Revised Code.	1389

(6) As used in division (B)(6) of this section, "fair" has	1390
the same meaning as in section 991.01 of the Revised Code; "state	1391
fairgrounds" means the property that is held by the state for the	1392
purpose of conducting fairs, expositions, and exhibits and that is	1393
maintained and managed by the Ohio expositions commission under	1394
section 991.03 of the Revised Code; "capitol square" has the same	1395
meaning as in section 105.41 of the Revised Code; and "Ohio	1396
judicial center" means the site of the Ohio supreme court and its	1397
grounds.	1398

Nothing in this section shall be construed to restrict the	1399
issuance of one or more D permits to one or more applicants for	1400
all or a part of the state fairgrounds, capitol square, or the	1401
Ohio judicial center. An application for a D permit for the state	1402
fairgrounds, capitol square, or the Ohio judicial center is exempt	1403
from the population quota restrictions contained in this section	1404
and from the population quota restrictions contained in any rule	1405
of the liquor control commission. The location of a D permit	1406
issued for the state fairgrounds, capitol square, or the Ohio	1407
judicial center shall not be transferred. An applicant for a D-1,	1408
D-2, D-3, or D-5 permit for the state fairgrounds is not subject	1409
to section 4303.31 of the Revised Code.	1410

Pursuant to section 1711.09 of the Revised Code, the holder	1411
of a D permit issued for the state fairgrounds shall not deal in	1412
spirituous liquor at the state fairgrounds during, or for one week	1413
before or for three days after, any fair held at the state	1414
fairgrounds.	1415

(7) Nothing in this section shall be construed to prohibit	1416
the issuance of a D permit for a premises located at a zoological	1417
park at which sales have been approved in an election held under	1418
former section 4301.356 of the Revised Code. An application for a	1419
D permit for such a premises is exempt from the population	1420
restrictions contained in this section, from the population quota	1421
restrictions contained in any rule of the liquor control	1422
commission, and from section 4303.31 of the Revised Code. The	1423
location of a D permit issued for a premises at such a zoological	1424
park shall not be transferred, and no quota or other restrictions	1425
shall be placed on the number of D permits that may be issued for	1426
a premises at such a zoological park.	1427

(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in	1428
any election precinct in any municipal corporation or in any	1429
election precinct in the unincorporated area of any township, in	1430
which at the November, 1933, election a majority of the electors	1431
voting thereon in the municipal corporation or in the	1432
unincorporated area of the township voted against the repeal of	1433
Section 9 of Article XV, Ohio Constitution, unless the sale of	1434
spirituous liquor by the glass is authorized by a majority vote of	1435
the electors voting on the question in the precinct at an election	1436
held pursuant to this section or by a majority vote of the	1437
electors of the precinct voting on question (C) at a special local	1438
option election held in the precinct pursuant to section 4301.35	1439
of the Revised Code. Upon the request of an elector, the board of	1440
elections of the county that encompasses the precinct shall	1441
furnish the elector with a copy of the instructions prepared by	1442
the secretary of state under division (P) of section 3501.05 of	1443
the Revised Code and, within fifteen days after the request, a	1444
certificate of the number of signatures required for a valid	1445
petition under this section.	1446

Upon the petition of thirty-five per cent of the total number	1447
of voters voting in any such precinct for the office of governor	1448
at the preceding general election, filed with the board of	1449
elections of the county in which such precinct is located not	1450
later than ninety days before a general election, the board shall	1451
prepare ballots and hold an election at such general election upon	1452
the question of allowing spirituous liquor to be sold by the glass	1453
in such precinct. The ballots shall be approved in form by the	1454
secretary of state. The results of the election shall be certified	1455
by the board to the secretary of state, who shall certify the	1456
results to the division.	1457

(2) No holder of a class D-3 permit issued for a boat or	1458
vessel shall sell spirituous liquor in any precinct, in which the	1459
election provided for in this section may be held, unless the sale	1460
of spirituous liquor by the drink has been authorized by vote of	1461
the electors as provided in this section or in section 4301.35 of	1462
the Revised Code.	1463

(D) Any holder of a C or D permit whose permit premises were	1464
purchased in 1986 or 1987 by the state or any state agency for	1465
highway purposes shall be issued the same permit at another	1466
location notwithstanding any quota restrictions contained in this	1467
chapter or in any rule of the liquor control commission.	1468

Section 2. That existing sections 4301.10, 4301.17, 4301.62,	1469
4303.02, 4303.041, 4303.181, 4303.184, 4303.25, and 4303.29 of the	1470
Revised Code are hereby repealed.	1471