As Reported by the Senate Insurance, Commerce and Labor Committee

129th General Assembly Regular Session 2011-2012

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 

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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issued, has been revoked, canceled, or suspended, shall be	23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 offer for sale tasting samples	577
of beer manufactured on the premises. The fee for this permit is	578
three thousand nine hundred six dollars for each plant during the	579
year covered by the permit.	580

As used in this section, "tasting sample" means a small	581
amount of beer that is provided in not more than four servings of	582
not more than two ounces each to an authorized purchaser and that	583
allows the purchaser to determine, by tasting only, the quality	584
and character of the beer.	585

Sec. 4303.041. (A) An A-3a permit may be issued to a	586
distiller that manufactures less than ten thousand gallons of	587
spirituous liquor per year. An A-3a permit holder may sell to a	588
personal consumer, in sealed containers for consumption off the	589
premises where manufactured, spirituous liquor that the permit	590
holder manufactures, but sales to the personal consumer may occur	591
only by an in-person transaction at the permit premises. The A-3a	592
permit holder shall not ship, send, or use an H permit holder to	593
deliver spirituous liquor to the personal consumer.	594

"Distiller" means a person in this state who mashes,	595
ferments, distills, and ages spirituous liquor.	596

Not more than one A-3a permit may be issued per county and	597
only in a county with a population exceeding eight hundred	598
thousand.	599

(B)(1) Except as otherwise provided in this section, no A-3a	600
permit shall be issued unless the sale of spirituous liquor by the	601
glass for consumption on the premises or by the package for	602
consumption off the premises is authorized in the election	603
precinct in which the A-3a permit is proposed to be located.	604

(2) Division (B)(1) of this section does not prohibit the	605
issuance of an A-3a permit to an applicant for such a permit who	606
has filed an application with the division of liquor control	607
before the effective date of this amendment.	608

(C)(1) An A-3a permit holder may offer for sale tasting	609
samples of spirituous liquor. The A-3a permit holder shall not	610
serve more than four tasting samples of spirituous liquor per	611
person per day. A tasting sample shall not exceed a quarter ounce.	612
Tasting samples shall be only for the purpose of allowing a	613
purchaser to determine, by tasting only, the quality and character	614
of the spirituous liquor. The tasting samples shall be offered for	615
sale in accordance with rules adopted by the division of liquor	616
control.	617

(2) An A-3a permit holder shall sell not more than one and	618
one-half liters of spirituous liquor per day from the permit	619
premises to the same personal consumer.	620

An A-3a permit holder may sell spirituous liquor in sealed	621
containers for consumption off the premises where manufactured as	622
an independent contractor under agreement, by virtue of the	623
permit, with the division of liquor control. The price at which	624
the A-3a permit holder shall sell each spirituous liquor product	625
to a personal consumer is to be determined by the division of	626
liquor control. For an A-3a permit holder to purchase and then	627
offer spirituous liquor for retail sale, the spirituous liquor	628
need not first leave the physical possession of the A-3a permit	629
holder to be so registered. The spirituous liquor that the A-3a	630
permit holder buys from the division of liquor control shall be	631
maintained in a separate area of the permit premises for sale to	632
personal consumers. The A-3a permit holder shall sell such	633
spirituous liquor in sealed containers for consumption off the	634
premises where manufactured as an independent contractor by virtue	635
of the permit issued by the division of liquor control, but the	636
permit holder shall not be compensated as provided in division	637
(A)(1) of section 4301.17 of the Revised Code. Each A-3a permit	638
holder shall be subject to audit by the division of liquor	639
control.	640

(D) The fee for the A-3a permit is three thousand nine	641
hundred six dollars for each plant, but if the production capacity	642
of a plant is less than five hundred wine barrels of fifty gallons	643
each annually, the fee is two dollars per fifty-gallon barrel.	644

(E) The holder of an A-3a permit may also exercise the same	645
privileges as the holder of an A-3 permit.	646

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	647
owner or operator of a hotel or motel that is required to be	648
licensed under section 3731.03 of the Revised Code, that contains	649
at least fifty rooms for registered transient guests or is owned	650
by a state institution of higher education as defined in section	651
3345.011 of the Revised Code or a private college or university,	652
and that qualifies under the other requirements of this section,	653
or to the owner or operator of a restaurant specified under this	654
section, to sell beer and any intoxicating liquor at retail, only	655
by the individual drink in glass and from the container, for	656
consumption on the premises where sold, and to registered guests	657
in their rooms, which may be sold by means of a controlled access	658
alcohol and beverage cabinet in accordance with division (B) of	659
section 4301.21 of the Revised Code; and to sell the same products	660
in the same manner and amounts not for consumption on the premises	661
as may be sold by holders of D-1 and D-2 permits. The premises of	662
the hotel or motel shall include a retail food establishment or a	663
food service operation licensed pursuant to Chapter 3717. of the	664
Revised Code that operates as a restaurant for purposes of this	665
chapter and that is affiliated with the hotel or motel and within	666
or contiguous to the hotel or motel, and that serves food within	667
the hotel or motel, but the principal business of the owner or	668
operator of the hotel or motel shall be the accommodation of	669
transient guests. In addition to the privileges authorized in this	670
division, the holder of a D-5a permit may exercise the same	671
privileges as the holder of a D-5 permit.	672

The owner or operator of a hotel, motel, or restaurant who	673
qualified for and held a D-5a permit on August 4, 1976, may, if	674
the owner or operator held another permit before holding a D-5a	675
permit, either retain a D-5a permit or apply for the permit	676
formerly held, and the division of liquor control shall issue the	677
permit for which the owner or operator applies and formerly held,	678
notwithstanding any quota.	679

A D-5a permit shall not be transferred to another location.	680
No quota restriction shall be placed on the number of D-5a permits	681
that may be issued.	682

The fee for this permit is two thousand three hundred	683
forty-four dollars.	684

(B) Permit D-5b may be issued to the owner, operator, tenant,	685
lessee, or occupant of an enclosed shopping center to sell beer	686
and intoxicating liquor at retail, only by the individual drink in	687
glass and from the container, for consumption on the premises	688
where sold; and to sell the same products in the same manner and	689
amount not for consumption on the premises as may be sold by	690
holders of D-1 and D-2 permits. In addition to the privileges	691
authorized in this division, the holder of a D-5b permit may	692
exercise the same privileges as a holder of a D-5 permit.	693

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

694

One D-5b permit may be issued at an enclosed shopping center	695
containing at least two hundred twenty-five thousand, but less	696
than four hundred thousand, square feet of floor area.	697

Two D-5b permits may be issued at an enclosed shopping center	698
containing at least four hundred thousand square feet of floor	699
area. No more than one D-5b permit may be issued at an enclosed	700
shopping center for each additional two hundred thousand square	701
feet of floor area or fraction of that floor area, up to a maximum	702
of five D-5b permits for each enclosed shopping center. The number	703
of D-5b permits that may be issued at an enclosed shopping center	704
shall be determined by subtracting the number of D-3 and D-5	705
permits issued in the enclosed shopping center from the number of	706
D-5b permits that otherwise may be issued at the enclosed shopping	707
center under the formulas provided in this division. Except as	708
provided in this section, no quota shall be placed on the number	709
of D-5b permits that may be issued. Notwithstanding any quota	710
provided in this section, the holder of any D-5b permit first	711
issued in accordance with this section is entitled to its renewal	712
in accordance with section 4303.271 of the Revised Code.	713

The holder of a D-5b permit issued before April 4, 1984,	714
whose tenancy is terminated for a cause other than nonpayment of	715
rent, may return the D-5b permit to the division of liquor	716
control, and the division shall cancel that permit. Upon	717
cancellation of that permit and upon the permit holder's payment	718
of taxes, contributions, premiums, assessments, and other debts	719
owing or accrued upon the date of cancellation to this state and	720
its political subdivisions and a filing with the division of a	721
certification of that payment, the division shall issue to that	722
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	723
that person requests. The division shall issue the D-5 permit, or	724
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	725
D-3, or D-5 permits currently issued in the municipal corporation	726
or in the unincorporated area of the township where that person's	727
proposed premises is located equals or exceeds the maximum number	728
of such permits that can be issued in that municipal corporation	729
or in the unincorporated area of that township under the	730
population quota restrictions contained in section 4303.29 of the	731
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	732
be transferred to another location. If a D-5b permit is canceled	733
under the provisions of this paragraph, the number of D-5b permits	734
that may be issued at the enclosed shopping center for which the	735
D-5b permit was issued, under the formula provided in this	736
division, shall be reduced by one if the enclosed shopping center	737
was entitled to more than one D-5b permit under the formula.	738

The fee for this permit is two thousand three hundred	739
forty-four dollars.	740

(C) Permit D-5c may be issued to the owner or operator of a	741
retail food establishment or a food service operation licensed	742
pursuant to Chapter 3717. of the Revised Code that operates as a	743
restaurant for purposes of this chapter and that qualifies under	744
the other requirements of this section to sell beer and any	745
intoxicating liquor at retail, only by the individual drink in	746
glass and from the container, for consumption on the premises	747
where sold, and to sell the same products in the same manner and	748
amounts not for consumption on the premises as may be sold by	749
holders of D-1 and D-2 permits. In addition to the privileges	750
authorized in this division, the holder of a D-5c permit may	751
exercise the same privileges as the holder of a D-5 permit.	752

To qualify for a D-5c permit, the owner or operator of a	753
retail food establishment or a food service operation licensed	754
pursuant to Chapter 3717. of the Revised Code that operates as a	755
restaurant for purposes of this chapter, shall have operated the	756
restaurant at the proposed premises for not less than twenty-four	757
consecutive months immediately preceding the filing of the	758
application for the permit, have applied for a D-5 permit no later	759
than December 31, 1988, and appear on the division's quota waiting	760
list for not less than six months immediately preceding the filing	761
of the application for the permit. In addition to these	762
requirements, the proposed D-5c permit premises shall be located	763
within a municipal corporation and further within an election	764
precinct that, at the time of the application, has no more than	765
twenty-five per cent of its total land area zoned for residential	766
use.	767

A D-5c permit shall not be transferred to another location.	768
No quota restriction shall be placed on the number of such permits	769
that may be issued.	770

Any person who has held a D-5c permit for at least two years	771
may apply for a D-5 permit, and the division of liquor control	772
shall issue the D-5 permit notwithstanding the quota restrictions	773
contained in section 4303.29 of the Revised Code or in any rule of	774
the liquor control commission.	775

The fee for this permit is one thousand five hundred	776
sixty-three dollars.	777

(D) Permit D-5d may be issued to the owner or operator of a	778
retail food establishment or a food service operation licensed	779
pursuant to Chapter 3717. of the Revised Code that operates as a	780
restaurant for purposes of this chapter and that is located at an	781
airport operated by a board of county commissioners pursuant to	782
section 307.20 of the Revised Code, at an airport operated by a	783
port authority pursuant to Chapter 4582. of the Revised Code, or	784
at an airport operated by a regional airport authority pursuant to	785
Chapter 308. of the Revised Code. The holder of a D-5d permit may	786
sell beer and any intoxicating liquor at retail, only by the	787
individual drink in glass and from the container, for consumption	788
on the premises where sold, and may sell the same products in the	789
same manner and amounts not for consumption on the premises where	790
sold as may be sold by the holders of D-1 and D-2 permits. In	791
addition to the privileges authorized in this division, the holder	792
of a D-5d permit may exercise the same privileges as the holder of	793
a D-5 permit.	794

A D-5d permit shall not be transferred to another location.	795
No quota restrictions shall be placed on the number of such	796
permits that may be issued.	797

The fee for this permit is two thousand three hundred	798
forty-four dollars.	799

(E) Permit D-5e may be issued to any nonprofit organization	800
that is exempt from federal income taxation under the "Internal	801
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	802
amended, or that is a charitable organization under any chapter of	803
the Revised Code, and that owns or operates a riverboat that meets	804
all of the following:	805

(1) Is permanently docked at one location;

806

(2) Is designated as an historical riverboat by the Ohio	807
historical society;	808

(3) Contains not less than fifteen hundred square feet of	809
floor area;	810

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

811

The holder of a D-5e permit may sell beer and intoxicating	812
liquor at retail, only by the individual drink in glass and from	813
the container, for consumption on the premises where sold.	814

A D-5e permit shall not be transferred to another location.	815
No quota restriction shall be placed on the number of such permits	816
that may be issued. The population quota restrictions contained in	817
section 4303.29 of the Revised Code or in any rule of the liquor	818
control commission shall not apply to this division, and the	819
division shall issue a D-5e permit to any applicant who meets the	820
requirements of this division. However, the division shall not	821
issue a D-5e permit if the permit premises or proposed permit	822
premises are located within an area in which the sale of	823
spirituous liquor by the glass is prohibited.	824

The fee for this permit is one thousand two hundred nineteen	825
dollars.	826

(F) Permit D-5f may be issued to the owner or operator of a	827
retail food establishment or a food service operation licensed	828
under Chapter 3717. of the Revised Code that operates as a	829
restaurant for purposes of this chapter and that meets all of the	830
following:	831

(1) It contains not less than twenty-five hundred square feet	832
of floor area.	833

(2) It is located on or in, or immediately adjacent to, the	834
shoreline of, a navigable river.	835

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

836

(4) It provides entertainment and recreation, provided that	837
not less than fifty per cent of the business on the permit	838
premises shall be preparing and serving meals for a consideration.	839

In addition, each application for a D-5f permit shall be	840
accompanied by a certification from the local legislative	841
authority that the issuance of the D-5f permit is not inconsistent	842
with that political subdivision's comprehensive development plan	843
or other economic development goal as officially established by	844
the local legislative authority.	845

The holder of a D-5f permit may sell beer and intoxicating	846
liquor at retail, only by the individual drink in glass and from	847
the container, for consumption on the premises where sold.	848

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

849

The division of liquor control shall not issue a D-5f permit	850
if the permit premises or proposed permit premises are located	851
within an area in which the sale of spirituous liquor by the glass	852
is prohibited.	853

A fee for this permit is two thousand three hundred	854
forty-four dollars.	855

As used in this division, "navigable river" means a river	856
that is also a "navigable water" as defined in the "Federal Power	857
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	858

(G) Permit D-5g may be issued to a nonprofit corporation that	859
is either the owner or the operator of a national professional	860
sports museum. The holder of a D-5g permit may sell beer and any	861
intoxicating liquor at retail, only by the individual drink in	862
glass and from the container, for consumption on the premises	863
where sold. The holder of a D-5g permit shall sell no beer or	864
intoxicating liquor for consumption on the premises where sold	865
after one a.m. A D-5g permit shall not be transferred to another	866
location. No quota restrictions shall be placed on the number of	867
D-5g permits that may be issued. The fee for this permit is one	868
thousand eight hundred seventy-five dollars.	869

(H)(1) Permit D-5h may be issued to any nonprofit	870
organization that is exempt from federal income taxation under the	871
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	872
501(c)(3), as amended, that owns or operates any of the following:	873

(a) A fine arts museum, provided that the nonprofit	874
organization has no less than one thousand five hundred bona fide	875
members possessing full membership privileges;	876

(b) A community arts center. As used in division (H)(1)(b) of	877
this section, "community arts center" means a facility that	878
provides arts programming to the community in more than one arts	879
discipline, including, but not limited to, exhibits of works of	880
art and performances by both professional and amateur artists.	881

(c) A community theater, provided that the nonprofit	882
organization is a member of the Ohio arts council and the American	883
community theatre association and has been in existence for not	884
less than ten years. As used in division (H)(1)(c) of this	885
section, "community theater" means a facility that contains at	886
least one hundred fifty seats and has a primary function of	887
presenting live theatrical performances and providing recreational	888
opportunities to the community.	889

(2) The holder of a D-5h permit may sell beer and any	890
intoxicating liquor at retail, only by the individual drink in	891
glass and from the container, for consumption on the premises	892
where sold. The holder of a D-5h permit shall sell no beer or	893
intoxicating liquor for consumption on the premises where sold	894
after one a.m. A D-5h permit shall not be transferred to another	895
location. No quota restrictions shall be placed on the number of	896
D-5h permits that may be issued.	897

(3) The fee for a D-5h permit is one thousand eight hundred	898
seventy-five dollars.	899

(I) Permit D-5i may be issued to the owner or operator of a	900
retail food establishment or a food service operation licensed	901
under Chapter 3717. of the Revised Code that operates as a	902
restaurant for purposes of this chapter and that meets all of the	903
following requirements:	904

(1) It is located in a municipal corporation or a township	905
with a population of one hundred thousand or less.	906

(2) It has inside seating capacity for at least one hundred	907
forty persons.	908

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

909

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

910

(5) Its receipts from beer and liquor sales, excluding wine	911
sales, do not exceed twenty-five per cent of its total gross	912
receipts.	913

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

914

(a) The value of its real and personal property exceeds seven	915
hundred twenty-five thousand dollars.	916

(b) It is located on property that is owned or leased by the	917
state or a state agency, and its owner or operator has	918
authorization from the state or the state agency that owns or	919
leases the property to obtain a D-5i permit.	920

The holder of a D-5i permit may sell beer and any	921
intoxicating liquor at retail, only by the individual drink in	922
glass and from the container, for consumption on the premises	923
where sold, and may sell the same products in the same manner and	924
amounts not for consumption on the premises where sold as may be	925
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	926
permit shall sell no beer or intoxicating liquor for consumption	927
on the premises where sold after two-thirty a.m. In addition to	928
the privileges authorized in this division, the holder of a D-5i	929
permit may exercise the same privileges as the holder of a D-5	930
permit.	931

A D-5i permit shall not be transferred to another location.	932
The division of liquor control shall not renew a D-5i permit	933
unless the retail food establishment or food service operation for	934
which it is issued continues to meet the requirements described in	935
divisions (I)(1) to (6) of this section. No quota restrictions	936
shall be placed on the number of D-5i permits that may be issued.	937
The fee for the D-5i permit is two thousand three hundred	938
forty-four dollars.	939

(J)(1) Permit D-5j may be issued to the owner or the operator	940
of a retail food establishment or a food service operation	941
licensed under Chapter 3717. of the Revised Code to sell beer and	942
intoxicating liquor at retail, only by the individual drink in	943
glass and from the container, for consumption on the premises	944
where sold and to sell beer and intoxicating liquor in the same	945
manner and amounts not for consumption on the premises where sold	946
as may be sold by the holders of D-1 and D-2 permits. The holder	947
of a D-5j permit may exercise the same privileges, and shall	948
observe the same hours of operation, as the holder of a D-5	949
permit.	950

(2) The D-5j permit shall be issued only within a community	951
entertainment district that is designated under section 4301.80 of	952
the Revised Code and that meets one of the following	953
qualifications:	954

(a)(1) It is located in a municipal corporation with a	955
population of at least one hundred thousand.	956

(b)(2) It is located in a municipal corporation with a	957
population of at least twenty thousand, and either of the	958
following applies:	959

(i)(a) It contains an amusement park the rides of which have	960
been issued a permit by the department of agriculture under	961
Chapter 1711. of the Revised Code.	962

(ii)(b) Not less than fifty million dollars will be invested	963
in development and construction in the community entertainment	964
district's area located in the municipal corporation.	965

(c)(3) It is located in a township with a population of at	966
least forty thousand.	967

(d)(4) It is located in a township with a population of at	968
least twenty thousand, and not less than seventy million dollars	969
will be invested in development and construction in the community	970
entertainment district's area located in the township.	971

(5) It is located in a municipal corporation with a	972
population between ten thousand and twenty thousand, and both of	973
the following apply:	974

(a) The municipal corporation was incorporated as a village	975
prior to calendar year 1840 and currently has a historic downtown	976
business district.	977

(b) The municipal corporation is located in the same county	978
as another municipal corporation with at least one community	979
entertainment district.	980

(6) It is located in a municipal corporation with a	981
population of at least ten thousand, and not less than seventy	982
million dollars will be invested in development and construction	983
in the community entertainment district's area located in the	984
municipal corporation.	985

(e)(7) It is located in a municipal corporation with a	986
population of at least five thousand, and not less than one	987
hundred million dollars will be invested in development and	988
construction in the community entertainment district's area	989
located in the municipal corporation.	990

(3) The location of a D-5j permit may be transferred only	991
within the geographic boundaries of the community entertainment	992
district in which it was issued and shall not be transferred	993
outside the geographic boundaries of that district.	994

(4) Not more than one D-5j permit shall be issued within each	995
community entertainment district for each five acres of land	996
located within the district. Not more than fifteen D-5j permits	997
may be issued within a single community entertainment district.	998
Except as otherwise provided in division (J)(4) of this section,	999
no quota restrictions shall be placed upon the number of D-5j	1000
permits that may be issued.	1001

(5) The fee for a D-5j permit is two thousand three hundred	1002
forty-four dollars.	1003

(K)(1) Permit D-5k may be issued to any nonprofit	1004
organization that is exempt from federal income taxation under the	1005
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1006
501(c)(3), as amended, that is the owner or operator of a	1007
botanical garden recognized by the American association of	1008
botanical gardens and arboreta, and that has not less than	1009
twenty-five hundred bona fide members.	1010

(2) The holder of a D-5k permit may sell beer and any	1011
intoxicating liquor at retail, only by the individual drink in	1012
glass and from the container, on the premises where sold.	1013

(3) The holder of a D-5k permit shall sell no beer or	1014
intoxicating liquor for consumption on the premises where sold	1015
after one a.m.	1016

(4) A D-5k permit shall not be transferred to another	1017
location.	1018

(5) No quota restrictions shall be placed on the number of	1019
D-5k permits that may be issued.	1020

(6) The fee for the D-5k permit is one thousand eight hundred	1021
seventy-five dollars.	1022

(L)(1) Permit D-5l may be issued to the owner or the operator	1023
of a retail food establishment or a food service operation	1024
licensed under Chapter 3717. of the Revised Codebusiness	1025
establishment to sell beer and intoxicating liquor at retail, only	1026
by the individual drink in glass and from the container, for	1027
consumption on the premises where sold and to sell beer and	1028
intoxicating liquor in the same manner and amounts not for	1029
consumption on the premises where sold as may be sold by the	1030
holders of D-1 and D-2 permits. The holder of a D-5l permit may	1031
exercise the same privileges, and shall observe the same hours of	1032
operation, as the holder of a D-5 permit.	1033

(2) The D-5l permit shall be issued only to a premises that	1034
has gross annual receipts from the sale of food and meals that	1035
constitute not less than seventy-five per cent of its total gross	1036
annual receipts, that is located within a revitalization district	1037
that is designated under section 4301.81 of the Revised Code, that	1038
is located in a municipal corporation or township in which the	1039
number of D-5 permits issued equals or exceeds the number of those	1040
permits that may be issued in that municipal corporation or	1041
township under section 4303.29 of the Revised Code, and that is	1042
located in a county with a population of one hundred twenty-five	1043
thousand or less according to the population estimates certified	1044
by the department of development for calendar year 2006.	1045

(3) The location of a D-5l permit may be transferred only	1046
within the geographic boundaries of the revitalization district in	1047
which it was issued and shall not be transferred outside the	1048
geographic boundaries of that district.	1049

(4) Not more than one D-5l permit shall be issued within each	1050
revitalization district for each five acres of land located within	1051
the district. Not more than fivefifteen D-5l permits may be	1052
issued within a single revitalization district. Except as	1053
otherwise provided in division (L)(4) of this section, no quota	1054
restrictions shall be placed upon the number of D-5l permits that	1055
may be issued.	1056

(5) No D-5l permit shall be issued to an adult entertainment	1057
establishment as defined in section 2907.39 of the Revised Code.	1058

(6) The fee for a D-5l permit is two thousand three hundred	1059
forty-four dollars.	1060

(M) Permit D-5m may be issued to either the owner or the	1061
operator of a retail food establishment or food service operation	1062
licensed under Chapter 3717. of the Revised Code that operates as	1063
a restaurant for purposes of this chapter and that is located in,	1064
or affiliated with, a center for the preservation of wild animals	1065
as defined in section 4301.404 of the Revised Code, to sell beer	1066
and any intoxicating liquor at retail, only by the glass and from	1067
the container, for consumption on the premises where sold, and to	1068
sell the same products in the same manner and amounts not for	1069
consumption on the premises as may be sold by the holders of D-1	1070
and D-2 permits. In addition to the privileges authorized by this	1071
division, the holder of a D-5m permit may exercise the same	1072
privileges as the holder of a D-5 permit.	1073

A D-5m permit shall not be transferred to another location.	1074
No quota restrictions shall be placed on the number of D-5m	1075
permits that may be issued. The fee for a permit D-5m is two	1076
thousand three hundred forty-four dollars.	1077

(N) Permit D-5n shall be issued to either a casino operator	1078
or a casino management company licensed under Chapter 3772. of the	1079
Revised Code that operates a casino facility under that chapter,	1080
to sell beer and any intoxicating liquor at retail, only by the	1081
individual drink in glass and from the container, for consumption	1082
on the premises where sold, and to sell the same products in the	1083
same manner and amounts not for consumption on the premises as may	1084
be sold by the holders of D-1 and D-2 permits. In addition to the	1085
privileges authorized by this division, the holder of a D-5n	1086
permit may exercise the same privileges as the holder of a D-5	1087
permit. A D-5n permit shall not be transferred to another	1088
location. Only one D-5n permit may be issued per casino facility	1089
and not more than four D-5n permits shall be issued in this state.	1090
The fee for a permit D-5n shall be twenty thousand dollars. The	1091
holder of a D-5n permit may conduct casino gaming on the permit	1092
premises notwithstanding any provision of the Revised Code or	1093
Administrative Code.	1094

(O) Permit D-5o may be issued to the owner or operator of a	1095
retail food establishment or a food service operation licensed	1096
under Chapter 3717. of the Revised Code that operates as a	1097
restaurant for purposes of this chapter and that is located within	1098
a casino facility for which a D-5n permit has been issued. The	1099
holder of a D-5o permit may sell beer and any intoxicating liquor	1100
at retail, only by the individual drink in glass and from the	1101
container, for consumption on the premises where sold, and may	1102
sell the same products in the same manner and amounts not for	1103
consumption on the premises where sold as may be sold by the	1104
holders of D-1 and D-2 permits. In addition to the privileges	1105
authorized by this division, the holder of a D-5o permit may	1106
exercise the same privileges as the holder of a D-5 permit. A D-5o	1107
permit shall not be transferred to another location. No quota	1108
restrictions shall be placed on the number of such permits that	1109
may be issued. The fee for this permit is two thousand three	1110
hundred forty-four dollars.	1111

Sec. 4303.184.  (A) Subject to division (B) of this section,	1112
a D-8 permit may be issued to theeither of the following:	1113

(1) An agency store;

1114

(2) The holder of a C-1, C-2, or C-2x permit issued to a	1115
retail store that has either of the following characteristics:	1116

(1)(a) The store has at least five thousand five hundred	1117
square feet of floor area, and it generates more than sixty per	1118
cent of its sales in general merchandise items and food for	1119
consumption off the premises where sold.	1120

(2)(b) Wine constitutes at least sixty per cent of the value	1121
of the store's inventory.	1122

(B) A D-8 permit may be issued to the holder of a C-1, C-2,	1123
or C-2x permit only if the premises of the permit holder are	1124
located in a precinct, or at a particular location in a precinct,	1125
in which the sale of beer, wine, or mixed beverages is permitted	1126
for consumption off the premises where sold. Sales under a D-8	1127
permit are not affected by whether sales for consumption on the	1128
premises where sold are permitted in the precinct or at the	1129
particular location where the D-8 premises are located.	1130

(C)(1) The holder of a D-8 permit described in division	1131
(A)(2) of this section may sell tasting samples of beer, wine, and	1132
mixed beverages, but not spirituous liquor, at retail, for	1133
consumption on the premises where sold in an amount not to exceed	1134
two ounces or another amount designated by rule of the liquor	1135
control commission. A tasting sample shall not be sold for general	1136
consumption. No	1137

(2) The holder of a D-8 permit described in division (A)(1)	1138
of this section may allow the sale of tasting samples of	1139
spirituous liquor in accordance with section 4301.171 of the	1140
Revised Code.	1141

(3) No D-8 permit holder described in division (A)(2) of this	1142
section shall allow any authorized purchaser to consume more than	1143
four tasting samples of beer, wine, or mixed beverages, or any	1144
combination of beer, wine, or mixed beverages, per day.	1145

(D)(1) Notwithstanding sections 4303.11 and 4303.121 of the	1146
Revised Code, the holder of a D-8 permit described in division	1147
(A)(2) of this section may sell beer that is dispensed from	1148
containers that have a capacity equal to or greater than five and	1149
one-sixth gallons if all of the following conditions are met:	1150

(a) A product registration fee for the beer has been paid as	1151
required in division (A)(8)(b) of section 4301.10 of the Revised	1152
Code.	1153

(b) The beer is dispensed only in glass containers whose	1154
capacity does not exceed one gallon and not for consumption on the	1155
premises where sold.	1156

(c) The containers are sealed, marked, and transported in	1157
accordance with division (E) of section 4301.62 of the Revised	1158
Code.	1159

(d) The containers have been cleaned immediately before being	1160
filled in accordance with rule 4301:1-1-28 of the Administrative	1161
Code.	1162

(2) Beer that is sold and dispensed under division (D)(1) of	1163
this section is subject to both of the following:	1164

(a) All applicable rules adopted by the liquor control	1165
commission, including, but not limited to, rule 4301:1-1-27 and	1166
rule 4301:1-1-72 of the Administrative Code;	1167

(b) All applicable federal laws and regulations.

1168

(E) The privileges authorized underfor the holder of a D-8	1169
permit described in division (A)(2) of this section may only be	1170
exercised in conjunction with and during the hours of operation	1171
authorized by a C-1, C-2, C-2x, or D-6 permit.	1172

(E)(F) A D-8 permit shall not be transferred to another	1173
location.	1174

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

1175

Sec. 4303.209. (A)(1) The division of liquor control may	1176
issue an F-9 permit to a nonprofit corporation that operates a	1177
park on property leased from a municipal corporation or a	1178
nonprofit corporation that provides or manages entertainment	1179
programming pursuant to an agreement with a nonprofit corporation	1180
that operates a park on property leased from a municipal	1181
corporation to sell beer or intoxicating liquor by the individual	1182
drink at specific events conducted within the park property and	1183
appurtenant streets, but only if, and only at times at which, the	1184
sale of beer and intoxicating liquor on the premises is otherwise	1185
permitted by law. Additionally, an F-9 permit may be issued only	1186
if the park property is located in a county that has a population	1187
of between one million one hundred thousand and one million two	1188
hundred thousand on the effective date of this section.	1189

(2) The division may issue separate F-9 permits to a	1190
nonprofit corporation that operates a park on property leased from	1191
a municipal corporation and a nonprofit corporation that provides	1192
or manages entertainment programming pursuant to an agreement with	1193
a nonprofit corporation that operates a park on property leased	1194
from a municipal corporation to be effective during the same time	1195
period. However, the permit privileges may be exercised by only	1196
one of the holders of an F-9 permit at specific events. The other	1197
holder of an F-9 permit shall certify to the division that it will	1198
not exercise its permit privileges during that specific event.	1199

(3) The premises on which an F-9 permit will be used shall be	1200
clearly defined and sufficiently restricted to allow proper	1201
supervision of the permit's use by state and local law enforcement	1202
officers. Sales under an F-9 permit shall be confined to the same	1203
hours permitted to the holder of a D-3 permit.	1204

(4) The fee for an F-9 permit is one thousand seven hundred	1205
dollars. An F-9 permit is effective for a period not to exceed	1206
nine months as specified in the permit. An F-9 permit is not	1207
transferable or renewable. However, the holder of an F-9 permit	1208
may apply for a new F-9 permit at any time. The holder of an F-9	1209
permit shall make sales only at those specific events about which	1210
the permit holder has notified in advance the division of liquor	1211
control, the department of public safety, and the chief, sheriff,	1212
or other principal peace officer of the local law enforcement	1213
agencies having jurisdiction over the premises.	1214

(B)(1) An application for the issuance of an F-9 permit is	1215
subject to the notice and hearing requirements established in	1216
division (A) of section 4303.26 of the Revised Code.	1217

(2) The liquor control commission shall adopt rules under	1218
Chapter 119. of the Revised Code necessary to administer this	1219
section.	1220

(C) No F-9 permit holder shall sell beer or intoxicating	1221
liquor beyond the hours of sale allowed by the permit. This	1222
division imposes strict liability on the holder of an F-9 permit	1223
and on any officer, agent, or employee of that permit holder.	1224

(D) Nothing in this section prohibits the division from	1225
issuing an F-2 permit for a specific event not conducted by the	1226
holder of an F-9 permit provided that the holder of the F-9 permit	1227
certifies to the division that it will not exercise its permit	1228
privileges during that specific event.	1229

Sec. 4303.25.  No person personally or by the person's clerk,	1230
agent, or employee shall manufacture, manufacture for sale, offer,	1231
keep, or possess for sale, furnish or sell, or solicit the	1232
purchase or sale of any beer or intoxicating liquor in this state,	1233
or transport, import, or cause to be transported or imported any	1234
beer, intoxicating liquor, or alcohol in or into this state for	1235
delivery, use, or sale, unless the person has fully complied with	1236
this chapter and Chapter 4301. of the Revised Code or is the	1237
holder of a permit issued by the division of liquor control and in	1238
force at the time.	1239

The superintendent of liquor control may adopt rules	1240
requiring a person acting as an agent, solicitor, trade marketing	1241
professional, or salesperson for a manufacturer, supplier, broker,	1242
trade marketing company, or wholesale distributor, who solicits	1243
permit holders authorized to deal in beer and intoxicating liquor,	1244
to be registered with the division and may cite the registrant to	1245
the liquor control commission for a violation of this chapter,	1246
Chapter 4301. of the Revised Code, or the rules adopted by the	1247
commission or superintendent.	1248

A trade marketing professional may be registered for more	1249
than one trade marketing company.	1250

No manufacturer, supplier, wholesale distributor, broker, or	1251
retailer of beer or intoxicating liquor, or other person shall	1252
employ, retain, or otherwise utilize any person in this state to	1253
act as an employee, agent, solicitor, or salesperson, or act in	1254
any other representative capacity to sell, solicit, take orders,	1255
or receive offers to purchase or expressions of interest to	1256
purchase beer or intoxicating liquor from any person, at any	1257
location other than a liquor permit premises, except as	1258
specifically authorized by Chapter 4301. or 4303. of the Revised	1259
Code or rules adopted thereunder. No function, event, or party	1260
shall take place at any location other than a liquor permit	1261
premises where any person acts in any manner to sell, solicit,	1262
take orders, or receive offers to purchase or expressions of	1263
intent to purchase beer or intoxicating liquor to or from any	1264
person, except as specifically authorized by Chapter 4301. or	1265
4303. of the Revised Code or rules adopted thereunder.	1266

As used in this section, "trade marketing company" and "trade	1267
marketing professional" have the same meanings as in section	1268
4301.171 of the Revised Code.	1269

Sec. 4303.29.  (A) No permit, other than an H permit, shall	1270
be issued to a firm or partnership unless all the members of the	1271
firm or partnership are citizens of the United States. No permit,	1272
other than an H permit, shall be issued to an individual who is	1273
not a citizen of the United States. No permit, other than an E or	1274
H permit, shall be issued to any corporation organized under the	1275
laws of any country, territory, or state other than this state	1276
until it has furnished the division of liquor control with	1277
evidence that it has complied with the laws of this state relating	1278
to the transaction of business in this state.	1279

The division may refuse to issue any permit to or refuse to	1280
renew any permit of any person convicted of any felony that is	1281
reasonably related to the person's fitness to operate a liquor	1282
permit business in this state. No holder of a permit shall sell,	1283
assign, transfer, or pledge the permit without the written consent	1284
of the division.	1285

(B)(1) No D-3 permit shall be issued to any club unless the	1286
club has been continuously engaged in the activity specified in	1287
section 4303.15 of the Revised Code, as a qualification for that	1288
class of permit, for two years at the time the permit is issued.	1289

(2)(a) Subject to division (B)(2)(b) of this section, upon	1290
application by properly qualified persons, one C-1 and C-2 permit	1291
shall be issued for each one thousand population or part of that	1292
population, and one D-1 and D-2 permit shall be issued for each	1293
two thousand population or part of that population, in each	1294
municipal corporation and in the unincorporated area of each	1295
township.	1296

Subject to division (B)(2)(b) of this section, not more than	1297
one D-3, D-4, or D-5 permit shall be issued for each two thousand	1298
population or part of that population in any municipal corporation	1299
and in the unincorporated area of any township, except that, in	1300
any city of a population of fifty-five thousand or more, one D-3	1301
permit may be issued for each fifteen hundred population or part	1302
of that population.	1303

(b)(i) Division (B)(2)(a) of this section does not prohibit	1304
the transfer of location or the transfer of ownership and location	1305
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal	1306
corporation or the unincorporated area of a township in which the	1307
number of permits of that class exceeds the number of such permits	1308
authorized to be issued under division (B)(2)(a) of this section	1309
to an economic development project located in another municipal	1310
corporation or the unincorporated area of another township in	1311
which no additional permits of that class may be issued to the	1312
applicant under division (B)(2)(a) of this section, but. However,	1313
the transfer of location or transfer of ownership and location of	1314
the permit may occur only if the applicant notifies the municipal	1315
corporation or township to which the location of the permit will	1316
be transferred regarding the transfer and thatthe municipal	1317
corporation or township acknowledges in writing to the division of	1318
liquor control, at the time the application for the transfer of	1319
location or transfer of ownership and location of the permit is	1320
filed, that the transfer will be to an economic development	1321
project. ThisThe municipal corporation or township shall submit	1322
the acknowledgment at the time the application for the transfer is	1323
filed with the division.	1324

The acknowledgment by the municipal corporation or township	1325
does not prohibit it from requesting a hearing under section	1326
4303.26 of the Revised Code. The applicant is eligible to apply	1327
for and receive the transfer of location of the permit under	1328
division (B)(2)(b) of this section if all permits of that class	1329
that may be issued under division (B)(2)(a) of this section in the	1330
applicable municipal corporation or unincorporated area of the	1331
township have already been issued or if the number of applications	1332
filed for permits of that class in that municipal corporation or	1333
the unincorporated area of that township exceed the number of	1334
permits of that class that may be issued there under division	1335
(B)(2)(a) of this section.	1336

A permit transferred under division (B)(2)(b) of this section	1337
may be subsequently transferred to a different owner at the same	1338
location, or to the same owner or a different owner at a different	1339
location in the same municipal corporation or in the	1340
unincorporated area of the same township, as long as the same or	1341
new location meets the economic development project criteria set	1342
forth in this section.	1343

(ii) Factors that shall be used to determine the designation	1344
of an economic development project include, but are not limited	1345
to, architectural certification of the plans and the cost of the	1346
project, the number of jobs that will be created by the project,	1347
projected earnings of the project, projected tax revenues for the	1348
political subdivisions in which the project will be located, and	1349
the amount of financial investment in the project. The	1350
superintendent of liquor control shall determine whether the	1351
existing or proposed business that is seeking a permit described	1352
in division (B)(2)(b) of this section qualifies as an economic	1353
development project and, if the superintendent determines that it	1354
so qualifies, shall designate the business as an economic	1355
development project.	1356

(3) Nothing in this section shall be construed to restrict	1357
the issuance of a permit to a municipal corporation for use at a	1358
municipally owned airport at which commercial airline companies	1359
operate regularly scheduled flights on which space is available to	1360
the public. A municipal corporation applying for a permit for such	1361
a municipally owned airport is exempt, in regard to that	1362
application, from the population restrictions contained in this	1363
section and from population quota restrictions contained in any	1364
rule of the liquor control commission. A municipal corporation	1365
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a	1366
municipally owned airport is subject to section 4303.31 of the	1367
Revised Code.	1368

(4) Nothing in this section shall be construed to prohibit	1369
the issuance of a D permit to the board of trustees of a soldiers'	1370
memorial for a premises located at a soldiers' memorial	1371
established pursuant to Chapter 345. of the Revised Code. An	1372
application for a D permit by the board for those premises is	1373
exempt from the population restrictions contained in this section	1374
and from the population quota restrictions contained in any rule	1375
of the liquor control commission. The location of a D permit	1376
issued to the board for those premises shall not be transferred. A	1377
board of trustees of a soldiers' memorial applying for a D-1, D-2,	1378
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to	1379
section 4303.31 of the Revised Code.	1380

(5) Nothing in this section shall be construed to restrict	1381
the issuance of a permit for a premises located at a golf course	1382
owned by a municipal corporation, township, or county, owned by a	1383
park district created under Chapter 1545. of the Revised Code, or	1384
owned by the state. The location of such a permit issued on or	1385
after September 26, 1984, for a premises located at such a golf	1386
course shall not be transferred. Any application for such a permit	1387
is exempt from the population quota restrictions contained in this	1388
section and from the population quota restrictions contained in	1389
any rule of the liquor control commission. A municipal	1390
corporation, township, county, park district, or state agency	1391
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf	1392
course is subject to section 4303.31 of the Revised Code.	1393

(6) As used in division (B)(6) of this section, "fair" has	1394
the same meaning as in section 991.01 of the Revised Code; "state	1395
fairgrounds" means the property that is held by the state for the	1396
purpose of conducting fairs, expositions, and exhibits and that is	1397
maintained and managed by the Ohio expositions commission under	1398
section 991.03 of the Revised Code; "capitol square" has the same	1399
meaning as in section 105.41 of the Revised Code; and "Ohio	1400
judicial center" means the site of the Ohio supreme court and its	1401
grounds.	1402

Nothing in this section shall be construed to restrict the	1403
issuance of one or more D permits to one or more applicants for	1404
all or a part of the state fairgrounds, capitol square, or the	1405
Ohio judicial center. An application for a D permit for the state	1406
fairgrounds, capitol square, or the Ohio judicial center is exempt	1407
from the population quota restrictions contained in this section	1408
and from the population quota restrictions contained in any rule	1409
of the liquor control commission. The location of a D permit	1410
issued for the state fairgrounds, capitol square, or the Ohio	1411
judicial center shall not be transferred. An applicant for a D-1,	1412
D-2, D-3, or D-5 permit for the state fairgrounds is not subject	1413
to section 4303.31 of the Revised Code.	1414

Pursuant to section 1711.09 of the Revised Code, the holder	1415
of a D permit issued for the state fairgrounds shall not deal in	1416
spirituous liquor at the state fairgrounds during, or for one week	1417
before or for three days after, any fair held at the state	1418
fairgrounds.	1419

(7) Nothing in this section shall be construed to prohibit	1420
the issuance of a D permit for a premises located at a zoological	1421
park at which sales have been approved in an election held under	1422
former section 4301.356 of the Revised Code. An application for a	1423
D permit for such a premises is exempt from the population	1424
restrictions contained in this section, from the population quota	1425
restrictions contained in any rule of the liquor control	1426
commission, and from section 4303.31 of the Revised Code. The	1427
location of a D permit issued for a premises at such a zoological	1428
park shall not be transferred, and no quota or other restrictions	1429
shall be placed on the number of D permits that may be issued for	1430
a premises at such a zoological park.	1431

(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in	1432
any election precinct in any municipal corporation or in any	1433
election precinct in the unincorporated area of any township, in	1434
which at the November, 1933, election a majority of the electors	1435
voting thereon in the municipal corporation or in the	1436
unincorporated area of the township voted against the repeal of	1437
Section 9 of Article XV, Ohio Constitution, unless the sale of	1438
spirituous liquor by the glass is authorized by a majority vote of	1439
the electors voting on the question in the precinct at an election	1440
held pursuant to this section or by a majority vote of the	1441
electors of the precinct voting on question (C) at a special local	1442
option election held in the precinct pursuant to section 4301.35	1443
of the Revised Code. Upon the request of an elector, the board of	1444
elections of the county that encompasses the precinct shall	1445
furnish the elector with a copy of the instructions prepared by	1446
the secretary of state under division (P) of section 3501.05 of	1447
the Revised Code and, within fifteen days after the request, a	1448
certificate of the number of signatures required for a valid	1449
petition under this section.	1450

Upon the petition of thirty-five per cent of the total number	1451
of voters voting in any such precinct for the office of governor	1452
at the preceding general election, filed with the board of	1453
elections of the county in which such precinct is located not	1454
later than ninety days before a general election, the board shall	1455
prepare ballots and hold an election at such general election upon	1456
the question of allowing spirituous liquor to be sold by the glass	1457
in such precinct. The ballots shall be approved in form by the	1458
secretary of state. The results of the election shall be certified	1459
by the board to the secretary of state, who shall certify the	1460
results to the division.	1461

(2) No holder of a class D-3 permit issued for a boat or	1462
vessel shall sell spirituous liquor in any precinct, in which the	1463
election provided for in this section may be held, unless the sale	1464
of spirituous liquor by the drink has been authorized by vote of	1465
the electors as provided in this section or in section 4301.35 of	1466
the Revised Code.	1467

(D) Any holder of a C or D permit whose permit premises were	1468
purchased in 1986 or 1987 by the state or any state agency for	1469
highway purposes shall be issued the same permit at another	1470
location notwithstanding any quota restrictions contained in this	1471
chapter or in any rule of the liquor control commission.	1472

Section 2. That existing sections 4301.10, 4301.17, 4301.62,	1473
4303.02, 4303.041, 4303.181, 4303.184, 4303.25, and 4303.29 of the	1474
Revised Code are hereby repealed.	1475