| Sec. 4301.17. (A)(1) Subject to local option as provided in | 10 |
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sections 4301.32 to 4301.40 of the Revised Code, five state liquor | 11 |
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stores or agencies may be established in each county. One | 12 |
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additional store may be established in any county for each twenty | 13 |
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thousand of population of that county or major fraction thereof in | 14 |
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excess of the first forty thousand, according to the last | 15 |
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preceding federal decennial census or according to the population | 16 |
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estimates certified by the department of development between | 17 |
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decennial censuses. A person engaged in a mercantile business may | 18 |
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act as the agent for the division of liquor control for the sale | 19 |
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of spirituous liquor in a municipal corporation, in the | 20 |
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unincorporated area of a township, or in an area designated and | 21 |
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approved as a resort area under section 4303.262 of the Revised | 22 |
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Code. The division shall fix the compensation for such an agent in | 23 |
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the manner it considers best, but the compensation shall not | 24 |
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exceed seven per cent of the gross sales made by the agent in any | 25 |
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one year. | 26 |
| (3) Except as otherwise provided in this section and section | 32 |
4301.171 of the Revised Code, no mercantile business that sells | 33 |
beer or intoxicatingan agency store shall not sell spirituous | 34 |
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liquor for consumption on the premises under a permit issued by | 35 |
the division shall operate an agency store at the premises. An | 36 |
agency to which a D-1 permit has been issued may
offer for sale | 37 |
tasting samples ofsell beer, an agency to which a D-2 permit has | 38 |
been issued may offer for sale tasting samples ofsell wine and | 39 |
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mixed beverages, and an agency to which a D-5 permit has been | 40 |
issued may offer for sale tasting samples ofsell beer, wine, and | 41 |
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mixed beverages. An agency to which a D-8 permit has been issued | 42 |
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may allow the sale of tasting samples of spirituous liquor in | 43 |
accordance with section 4301.171 of the Revised Code. A tasting | 44 |
sample shall not be sold for the purpose of generalGeneral | 45 |
consumption. As used in this section with respect to beer, wine, | 46 |
and mixed beverages, "tasting sample" means a small amount of | 47 |
beer, wine, or mixed beverages that is provided in not more than | 48 |
four servings of not more than two ounces each to an authorized | 49 |
purchaser and that allows the purchaser to determine, by tasting | 50 |
only, the quality and character of the beverageof beer, wine, or | 51 |
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mixed beverages shall not be permitted in the area of the agency | 52 |
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store in which spirituous liquor is sold. | 53 |
| (B) When an agency contract is proposed, when an existing | 54 |
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agency contract is assigned, when an existing agency proposes to | 55 |
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relocate, or when an existing agency is relocated and assigned, | 56 |
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before entering into any contract, consenting to any assignment, | 57 |
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or consenting to any relocation, the division shall notify the | 58 |
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legislative authority of the municipal corporation in which the | 59 |
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agency store is to be located, or the board of county | 60 |
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commissioners and the board of township trustees of the county and | 61 |
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the township in which the agency store is to be located if the | 62 |
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agency store is to be located outside the corporate limits of a | 63 |
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municipal corporation, of the proposed contract, assignment, or | 64 |
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relocation, and an opportunity shall be provided officials or | 65 |
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employees of the municipal corporation or county and township for | 66 |
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a complete hearing upon the advisability of entering into the | 67 |
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contract or consenting to the assignment or relocation. When the | 68 |
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division sends notice to the legislative authority of the | 69 |
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political subdivision, the division shall notify, by certified | 70 |
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mail or by personal service, the chief peace officer of the | 71 |
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political subdivision, who may appear and testify, either in | 72 |
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person or through a representative, at any hearing held on the | 73 |
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advisability of entering into the contract or consenting to the | 74 |
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assignment or relocation. | 75 |
| If the proposed agency store, the assignment of an agency | 76 |
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contract, or the relocation of an agency store would be located | 77 |
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within five hundred feet of a school, church, library, public | 78 |
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playground, or township park, the division shall not enter into an | 79 |
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agency contract until it has provided notice of the proposed | 80 |
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contract to the authorities in control of the school, church, | 81 |
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library, public playground, or township park and has provided | 82 |
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those authorities with an opportunity for a complete hearing upon | 83 |
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the advisability of entering into the contract. If an agency store | 84 |
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so located is operating under an agency contract, the division may | 85 |
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consent to relocation of the agency store or to the assignment of | 86 |
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that contract to operate an agency store at the same location. The | 87 |
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division may also consent to the assignment of an existing agency | 88 |
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contract simultaneously with the relocation of the agency store. | 89 |
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In any such assignment or relocation, the assignee and the | 90 |
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location shall be subject to the same requirements that the | 91 |
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existing location met at the time that the contract was first | 92 |
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entered into as well as any additional requirements imposed by the | 93 |
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division in rules adopted by the superintendent of liquor control. | 94 |
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The division shall not consent to an assignment or relocation of | 95 |
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an agency store until it has notified the authorities in control | 96 |
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of the school, church, library, public playground, or township | 97 |
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park and has provided those authorities with an opportunity for a | 98 |
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complete hearing upon the advisability of consenting to the | 99 |
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assignment or relocation. | 100 |
| Any hearing provided for in this division shall be held in | 101 |
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the central office of the division, except that upon written | 102 |
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request of the legislative authority of the municipal corporation, | 103 |
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the board of county commissioners, the board of township trustees, | 104 |
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or the authorities in control of the school, church, library, | 105 |
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public playground, or township park, the hearing shall be held in | 106 |
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the county seat of the county where the proposed agency store is | 107 |
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to be located. | 108 |
| (C) All agency contracts entered into by the division | 109 |
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pursuant to this section shall be in writing and shall contain a | 110 |
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clause providing for the termination of the contract at will by | 111 |
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the division upon its giving ninety days' notice in writing to the | 112 |
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agent of its intention to do so. Any agency contract may include a | 113 |
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clause requiring the agent to report to the appropriate law | 114 |
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enforcement agency the name and address of any individual under | 115 |
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twenty-one years of age who attempts to make an illegal purchase. | 116 |
| The division shall issue a C-1 and C-2 permit to each agent | 120 |
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who prior to November 1, 1994, had not been issued both of these | 121 |
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permits, notwithstanding the population quota restrictions | 122 |
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contained in section 4303.29 of the Revised Code or in any rule of | 123 |
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the liquor control commission and notwithstanding the requirements | 124 |
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of section 4303.31 of the Revised Code. The location of a C-1 or | 125 |
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C-2 permit issued to such an agent shall not be transferred. The | 126 |
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division shall revoke any C-1 or C-2 permit issued to an agent | 127 |
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under this paragraph if the agent no longer operates an agency | 128 |
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store. | 129 |
| (D) If the division closes a state liquor store and replaces | 135 |
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that store with an agency store, any employees of the division | 136 |
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employed at that state liquor store who lose their jobs at that | 137 |
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store as a result shall be given preference by the agent who | 138 |
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operates the agency store in filling any vacancies that occur | 139 |
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among the agent's employees, if that preference does not conflict | 140 |
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with the agent's obligations pursuant to a collective bargaining | 141 |
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agreement. | 142 |
| If the division closes a state liquor store and replaces the | 143 |
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store with an agency store, any employees of the division employed | 144 |
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at the state liquor store who lose their jobs at that store as a | 145 |
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result may displace other employees as provided in sections | 146 |
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124.321 to 124.328 of the Revised Code. If an employee cannot | 147 |
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displace other employees and is laid off, the employee shall be | 148 |
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reinstated in another job as provided in sections 124.321 to | 149 |
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124.328 of the Revised Code, except that the employee's rights of | 150 |
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reinstatement in a job at a state liquor store shall continue for | 151 |
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a period of two years after the date of the employee's layoff and | 152 |
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shall apply to jobs at state liquor stores located in the | 153 |
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employee's layoff jurisdiction and any layoff jurisdiction | 154 |
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adjacent to the employee's layoff jurisdiction. | 155 |