As Passed by the House

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 298

Senator Cafaro 

Cosponsors: Senators Brown, Seitz, Kearney, Beagle, Hughes, Hite, Turner, Bacon, Balderson, Burke, Gentile, Lehner, Oelslager, Patton, Sawyer, Schaffer, Schiavoni, Smith, Tavares, Wagoner 

Representatives Barnes, Boyce, Driehaus, Hackett, Letson, McGregor, Milkovich, Murray, O'Brien, Reece, Terhar, Thompson, Young 

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A BILL

To amend sections 4303.181, 4303.202, 4303.208, and

1

4303.99 of the Revised Code to alter the

2

conditions under which a D-51 liquor permit may be

3

issued, to make changes to the law governing the

4

issuance of F-2 liquor permits, and to allow an

5

F-2 liquor permit to be issued for the same

6

location that an F-8 liquor permit is issued

7

provided that certain criteria apply.

8

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

Section 1.  That sections 4303.181, 4303.202, 4303.208, and	9
4303.99 of the Revised Code be amended to read as follows:	10

Sec. 4303.181.  (A) Permit D-5a may be issued either to the	11
owner or operator of a hotel or motel that is required to be	12
licensed under section 3731.03 of the Revised Code, that contains	13
at least fifty rooms for registered transient guests or is owned	14
by a state institution of higher education as defined in section	15
3345.011 of the Revised Code or a private college or university,	16
and that qualifies under the other requirements of this section,	17
or to the owner or operator of a restaurant specified under this	18
section, to sell beer and any intoxicating liquor at retail, only	19
by the individual drink in glass and from the container, for	20
consumption on the premises where sold, and to registered guests	21
in their rooms, which may be sold by means of a controlled access	22
alcohol and beverage cabinet in accordance with division (B) of	23
section 4301.21 of the Revised Code; and to sell the same products	24
in the same manner and amounts not for consumption on the premises	25
as may be sold by holders of D-1 and D-2 permits. The premises of	26
the hotel or motel shall include a retail food establishment or a	27
food service operation licensed pursuant to Chapter 3717. of the	28
Revised Code that operates as a restaurant for purposes of this	29
chapter and that is affiliated with the hotel or motel and within	30
or contiguous to the hotel or motel, and that serves food within	31
the hotel or motel, but the principal business of the owner or	32
operator of the hotel or motel shall be the accommodation of	33
transient guests. In addition to the privileges authorized in this	34
division, the holder of a D-5a permit may exercise the same	35
privileges as the holder of a D-5 permit.	36

The owner or operator of a hotel, motel, or restaurant who	37
qualified for and held a D-5a permit on August 4, 1976, may, if	38
the owner or operator held another permit before holding a D-5a	39
permit, either retain a D-5a permit or apply for the permit	40
formerly held, and the division of liquor control shall issue the	41
permit for which the owner or operator applies and formerly held,	42
notwithstanding any quota.	43

A D-5a permit shall not be transferred to another location.	44
No quota restriction shall be placed on the number of D-5a permits	45
that may be issued.	46

The fee for this permit is two thousand three hundred	47
forty-four dollars.	48

(B) Permit D-5b may be issued to the owner, operator, tenant,	49
lessee, or occupant of an enclosed shopping center to sell beer	50
and intoxicating liquor at retail, only by the individual drink in	51
glass and from the container, for consumption on the premises	52
where sold; and to sell the same products in the same manner and	53
amount not for consumption on the premises as may be sold by	54
holders of D-1 and D-2 permits. In addition to the privileges	55
authorized in this division, the holder of a D-5b permit may	56
exercise the same privileges as a holder of a D-5 permit.	57

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

58

One D-5b permit may be issued at an enclosed shopping center	59
containing at least two hundred twenty-five thousand, but less	60
than four hundred thousand, square feet of floor area.	61

Two D-5b permits may be issued at an enclosed shopping center	62
containing at least four hundred thousand square feet of floor	63
area. No more than one D-5b permit may be issued at an enclosed	64
shopping center for each additional two hundred thousand square	65
feet of floor area or fraction of that floor area, up to a maximum	66
of five D-5b permits for each enclosed shopping center. The number	67
of D-5b permits that may be issued at an enclosed shopping center	68
shall be determined by subtracting the number of D-3 and D-5	69
permits issued in the enclosed shopping center from the number of	70
D-5b permits that otherwise may be issued at the enclosed shopping	71
center under the formulas provided in this division. Except as	72
provided in this section, no quota shall be placed on the number	73
of D-5b permits that may be issued. Notwithstanding any quota	74
provided in this section, the holder of any D-5b permit first	75
issued in accordance with this section is entitled to its renewal	76
in accordance with section 4303.271 of the Revised Code.	77

The holder of a D-5b permit issued before April 4, 1984,	78
whose tenancy is terminated for a cause other than nonpayment of	79
rent, may return the D-5b permit to the division of liquor	80
control, and the division shall cancel that permit. Upon	81
cancellation of that permit and upon the permit holder's payment	82
of taxes, contributions, premiums, assessments, and other debts	83
owing or accrued upon the date of cancellation to this state and	84
its political subdivisions and a filing with the division of a	85
certification of that payment, the division shall issue to that	86
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	87
that person requests. The division shall issue the D-5 permit, or	88
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	89
D-3, or D-5 permits currently issued in the municipal corporation	90
or in the unincorporated area of the township where that person's	91
proposed premises is located equals or exceeds the maximum number	92
of such permits that can be issued in that municipal corporation	93
or in the unincorporated area of that township under the	94
population quota restrictions contained in section 4303.29 of the	95
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	96
be transferred to another location. If a D-5b permit is canceled	97
under the provisions of this paragraph, the number of D-5b permits	98
that may be issued at the enclosed shopping center for which the	99
D-5b permit was issued, under the formula provided in this	100
division, shall be reduced by one if the enclosed shopping center	101
was entitled to more than one D-5b permit under the formula.	102

The fee for this permit is two thousand three hundred	103
forty-four dollars.	104

(C) Permit D-5c may be issued to the owner or operator of a	105
retail food establishment or a food service operation licensed	106
pursuant to Chapter 3717. of the Revised Code that operates as a	107
restaurant for purposes of this chapter and that qualifies under	108
the other requirements of this section to sell beer and any	109
intoxicating liquor at retail, only by the individual drink in	110
glass and from the container, for consumption on the premises	111
where sold, and to sell the same products in the same manner and	112
amounts not for consumption on the premises as may be sold by	113
holders of D-1 and D-2 permits. In addition to the privileges	114
authorized in this division, the holder of a D-5c permit may	115
exercise the same privileges as the holder of a D-5 permit.	116

To qualify for a D-5c permit, the owner or operator of a	117
retail food establishment or a food service operation licensed	118
pursuant to Chapter 3717. of the Revised Code that operates as a	119
restaurant for purposes of this chapter, shall have operated the	120
restaurant at the proposed premises for not less than twenty-four	121
consecutive months immediately preceding the filing of the	122
application for the permit, have applied for a D-5 permit no later	123
than December 31, 1988, and appear on the division's quota waiting	124
list for not less than six months immediately preceding the filing	125
of the application for the permit. In addition to these	126
requirements, the proposed D-5c permit premises shall be located	127
within a municipal corporation and further within an election	128
precinct that, at the time of the application, has no more than	129
twenty-five per cent of its total land area zoned for residential	130
use.	131

A D-5c permit shall not be transferred to another location.	132
No quota restriction shall be placed on the number of such permits	133
that may be issued.	134

Any person who has held a D-5c permit for at least two years	135
may apply for a D-5 permit, and the division of liquor control	136
shall issue the D-5 permit notwithstanding the quota restrictions	137
contained in section 4303.29 of the Revised Code or in any rule of	138
the liquor control commission.	139

The fee for this permit is one thousand five hundred	140
sixty-three dollars.	141

(D) Permit D-5d may be issued to the owner or operator of a	142
retail food establishment or a food service operation licensed	143
pursuant to Chapter 3717. of the Revised Code that operates as a	144
restaurant for purposes of this chapter and that is located at an	145
airport operated by a board of county commissioners pursuant to	146
section 307.20 of the Revised Code, at an airport operated by a	147
port authority pursuant to Chapter 4582. of the Revised Code, or	148
at an airport operated by a regional airport authority pursuant to	149
Chapter 308. of the Revised Code. The holder of a D-5d permit may	150
sell beer and any intoxicating liquor at retail, only by the	151
individual drink in glass and from the container, for consumption	152
on the premises where sold, and may sell the same products in the	153
same manner and amounts not for consumption on the premises where	154
sold as may be sold by the holders of D-1 and D-2 permits. In	155
addition to the privileges authorized in this division, the holder	156
of a D-5d permit may exercise the same privileges as the holder of	157
a D-5 permit.	158

A D-5d permit shall not be transferred to another location.	159
No quota restrictions shall be placed on the number of such	160
permits that may be issued.	161

The fee for this permit is two thousand three hundred	162
forty-four dollars.	163

(E) Permit D-5e may be issued to any nonprofit organization	164
that is exempt from federal income taxation under the "Internal	165
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	166
amended, or that is a charitable organization under any chapter of	167
the Revised Code, and that owns or operates a riverboat that meets	168
all of the following:	169

(1) Is permanently docked at one location;

170

(2) Is designated as an historical riverboat by the Ohio	171
historical society;	172

(3) Contains not less than fifteen hundred square feet of	173
floor area;	174

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

175

The holder of a D-5e permit may sell beer and intoxicating	176
liquor at retail, only by the individual drink in glass and from	177
the container, for consumption on the premises where sold.	178

A D-5e permit shall not be transferred to another location.	179
No quota restriction shall be placed on the number of such permits	180
that may be issued. The population quota restrictions contained in	181
section 4303.29 of the Revised Code or in any rule of the liquor	182
control commission shall not apply to this division, and the	183
division shall issue a D-5e permit to any applicant who meets the	184
requirements of this division. However, the division shall not	185
issue a D-5e permit if the permit premises or proposed permit	186
premises are located within an area in which the sale of	187
spirituous liquor by the glass is prohibited.	188

The fee for this permit is one thousand two hundred nineteen	189
dollars.	190

(F) Permit D-5f may be issued to the owner or operator of a	191
retail food establishment or a food service operation licensed	192
under Chapter 3717. of the Revised Code that operates as a	193
restaurant for purposes of this chapter and that meets all of the	194
following:	195

(1) It contains not less than twenty-five hundred square feet	196
of floor area.	197

(2) It is located on or in, or immediately adjacent to, the	198
shoreline of, a navigable river.	199

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

200

(4) It provides entertainment and recreation, provided that	201
not less than fifty per cent of the business on the permit	202
premises shall be preparing and serving meals for a consideration.	203

In addition, each application for a D-5f permit shall be	204
accompanied by a certification from the local legislative	205
authority that the issuance of the D-5f permit is not inconsistent	206
with that political subdivision's comprehensive development plan	207
or other economic development goal as officially established by	208
the local legislative authority.	209

The holder of a D-5f permit may sell beer and intoxicating	210
liquor at retail, only by the individual drink in glass and from	211
the container, for consumption on the premises where sold.	212

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

213

The division of liquor control shall not issue a D-5f permit	214
if the permit premises or proposed permit premises are located	215
within an area in which the sale of spirituous liquor by the glass	216
is prohibited.	217

A fee for this permit is two thousand three hundred	218
forty-four dollars.	219

As used in this division, "navigable river" means a river	220
that is also a "navigable water" as defined in the "Federal Power	221
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	222

(G) Permit D-5g may be issued to a nonprofit corporation that	223
is either the owner or the operator of a national professional	224
sports museum. The holder of a D-5g permit may sell beer and any	225
intoxicating liquor at retail, only by the individual drink in	226
glass and from the container, for consumption on the premises	227
where sold. The holder of a D-5g permit shall sell no beer or	228
intoxicating liquor for consumption on the premises where sold	229
after two-thirty a.m. A D-5g permit shall not be transferred to	230
another location. No quota restrictions shall be placed on the	231
number of D-5g permits that may be issued. The fee for this permit	232
is one thousand eight hundred seventy-five dollars.	233

(H)(1) Permit D-5h may be issued to any nonprofit	234
organization that is exempt from federal income taxation under the	235
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	236
501(c)(3), as amended, that owns or operates any of the following:	237

(a) A fine arts museum, provided that the nonprofit	238
organization has no less than one thousand five hundred bona fide	239
members possessing full membership privileges;	240

(b) A community arts center. As used in division (H)(1)(b) of	241
this section, "community arts center" means a facility that	242
provides arts programming to the community in more than one arts	243
discipline, including, but not limited to, exhibits of works of	244
art and performances by both professional and amateur artists.	245

(c) A community theater, provided that the nonprofit	246
organization is a member of the Ohio arts council and the American	247
community theatre association and has been in existence for not	248
less than ten years. As used in division (H)(1)(c) of this	249
section, "community theater" means a facility that contains at	250
least one hundred fifty seats and has a primary function of	251
presenting live theatrical performances and providing recreational	252
opportunities to the community.	253

(2) The holder of a D-5h permit may sell beer and any	254
intoxicating liquor at retail, only by the individual drink in	255
glass and from the container, for consumption on the premises	256
where sold. The holder of a D-5h permit shall sell no beer or	257
intoxicating liquor for consumption on the premises where sold	258
after one a.m. A D-5h permit shall not be transferred to another	259
location. No quota restrictions shall be placed on the number of	260
D-5h permits that may be issued.	261

(3) The fee for a D-5h permit is one thousand eight hundred	262
seventy-five dollars.	263

(I) Permit D-5i may be issued to the owner or operator of a	264
retail food establishment or a food service operation licensed	265
under Chapter 3717. of the Revised Code that operates as a	266
restaurant for purposes of this chapter and that meets all of the	267
following requirements:	268

(1) It is located in a municipal corporation or a township	269
with a population of one hundred thousand or less.	270

(2) It has inside seating capacity for at least one hundred	271
forty persons.	272

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

273

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

274

(5) Its receipts from beer and liquor sales, excluding wine	275
sales, do not exceed twenty-five per cent of its total gross	276
receipts.	277

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

278

(a) The value of its real and personal property exceeds seven	279
hundred twenty-five thousand dollars.	280

(b) It is located on property that is owned or leased by the	281
state or a state agency, and its owner or operator has	282
authorization from the state or the state agency that owns or	283
leases the property to obtain a D-5i permit.	284

The holder of a D-5i permit may sell beer and any	285
intoxicating liquor at retail, only by the individual drink in	286
glass and from the container, for consumption on the premises	287
where sold, and may sell the same products in the same manner and	288
amounts not for consumption on the premises where sold as may be	289
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	290
permit shall sell no beer or intoxicating liquor for consumption	291
on the premises where sold after two-thirty a.m. In addition to	292
the privileges authorized in this division, the holder of a D-5i	293
permit may exercise the same privileges as the holder of a D-5	294
permit.	295

A D-5i permit shall not be transferred to another location.	296
The division of liquor control shall not renew a D-5i permit	297
unless the retail food establishment or food service operation for	298
which it is issued continues to meet the requirements described in	299
divisions (I)(1) to (6) of this section. No quota restrictions	300
shall be placed on the number of D-5i permits that may be issued.	301
The fee for the D-5i permit is two thousand three hundred	302
forty-four dollars.	303

(J) Permit D-5j may be issued to the owner or the operator of	304
a retail food establishment or a food service operation licensed	305
under Chapter 3717. of the Revised Code to sell beer and	306
intoxicating liquor at retail, only by the individual drink in	307
glass and from the container, for consumption on the premises	308
where sold and to sell beer and intoxicating liquor in the same	309
manner and amounts not for consumption on the premises where sold	310
as may be sold by the holders of D-1 and D-2 permits. The holder	311
of a D-5j permit may exercise the same privileges, and shall	312
observe the same hours of operation, as the holder of a D-5	313
permit.	314

The D-5j permit shall be issued only within a community	315
entertainment district that is designated under section 4301.80 of	316
the Revised Code and that meets one of the following	317
qualifications:	318

(1) It is located in a municipal corporation with a	319
population of at least one hundred thousand.	320

(2) It is located in a municipal corporation with a	321
population of at least twenty thousand, and either of the	322
following applies:	323

(a) It contains an amusement park the rides of which have	324
been issued a permit by the department of agriculture under	325
Chapter 1711. of the Revised Code.	326

(b) Not less than fifty million dollars will be invested in	327
development and construction in the community entertainment	328
district's area located in the municipal corporation.	329

(3) It is located in a township with a population of at least	330
forty thousand.	331

(4) It is located in a township with a population of at least	332
twenty thousand, and not less than seventy million dollars will be	333
invested in development and construction in the community	334
entertainment district's area located in the township.	335

(5) It is located in a municipal corporation with a	336
population between ten thousand and twenty thousand, and both of	337
the following apply:	338

(a) The municipal corporation was incorporated as a village	339
prior to calendar year 1840 and currently has a historic downtown	340
business district.	341

(b) The municipal corporation is located in the same county	342
as another municipal corporation with at least one community	343
entertainment district.	344

(6) It is located in a municipal corporation with a	345
population of at least ten thousand, and not less than seventy	346
million dollars will be invested in development and construction	347
in the community entertainment district's area located in the	348
municipal corporation.	349

(7) It is located in a municipal corporation with a	350
population of at least five thousand, and not less than one	351
hundred million dollars will be invested in development and	352
construction in the community entertainment district's area	353
located in the municipal corporation.	354

The location of a D-5j permit may be transferred only within	355
the geographic boundaries of the community entertainment district	356
in which it was issued and shall not be transferred outside the	357
geographic boundaries of that district.	358

Not more than one D-5j permit shall be issued within each	359
community entertainment district for each five acres of land	360
located within the district. Not more than fifteen D-5j permits	361
may be issued within a single community entertainment district.	362
Except as otherwise provided in division (J)(4) of this section,	363
no quota restrictions shall be placed upon the number of D-5j	364
permits that may be issued.	365

The fee for a D-5j permit is two thousand three hundred	366
forty-four dollars.	367

(K)(1) Permit D-5k may be issued to any nonprofit	368
organization that is exempt from federal income taxation under the	369
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	370
501(c)(3), as amended, that is the owner or operator of a	371
botanical garden recognized by the American association of	372
botanical gardens and arboreta, and that has not less than	373
twenty-five hundred bona fide members.	374

(2) The holder of a D-5k permit may sell beer and any	375
intoxicating liquor at retail, only by the individual drink in	376
glass and from the container, on the premises where sold.	377

(3) The holder of a D-5k permit shall sell no beer or	378
intoxicating liquor for consumption on the premises where sold	379
after one a.m.	380

(4) A D-5k permit shall not be transferred to another	381
location.	382

(5) No quota restrictions shall be placed on the number of	383
D-5k permits that may be issued.	384

(6) The fee for the D-5k permit is one thousand eight hundred	385
seventy-five dollars.	386

(L)(1) Permit D-5l may be issued to the owner or the operator	387
of a retail food establishment or a food service operation	388
licensed under Chapter 3717. of the Revised Code to sell beer and	389
intoxicating liquor at retail, only by the individual drink in	390
glass and from the container, for consumption on the premises	391
where sold and to sell beer and intoxicating liquor in the same	392
manner and amounts not for consumption on the premises where sold	393
as may be sold by the holders of D-1 and D-2 permits. The holder	394
of a D-5l permit may exercise the same privileges, and shall	395
observe the same hours of operation, as the holder of a D-5	396
permit.	397

(2) The D-5l permit shall be issued only to a premises that	398
to which all of the following apply:	399

(a) The premises has gross annual receipts from the sale of	400
food and meals that constitute not less than seventy-five per cent	401
of its total gross annual receipts, that.	402

(b) The premises is located within a revitalization district	403
that is designated under section 4301.81 of the Revised Code,	404
that.	405

(c) The premises is located in a municipal corporation or	406
township in which the number of D-5 permits issued equals or	407
exceeds the number of those permits that may be issued in that	408
municipal corporation or township under section 4303.29 of the	409
Revised Code, and that.	410

(d) The premises meets any of the following qualifications:

411

(i) It is located in a county with a population of one	412
hundred twenty-five thousand or less according to the population	413
estimates certified by the department of development services	414
agency for calendar year 2006.	415

(ii) It is located in the municipal corporation that has the	416
largest population in a county when the county has a population	417
between two hundred fifteen thousand and two hundred twenty-five	418
thousand according to the population estimates certified by the	419
development services agency for calendar year 2006. Division	420
(L)(2)(d)(ii) of this section applies only to a municipal	421
corporation that is wholly located in a county.	422

(iii) It is located in the municipal corporation that has the	423
largest population in a county when the county has a population	424
between one hundred forty thousand and one hundred forty-one	425
thousand according to the population estimates certified by the	426
development services agency for calendar year 2006. Division	427
(L)(2)(d)(iii) of this section applies only to a municipal	428
corporation that is wholly located in a county.	429

(3) The location of a D-5l permit may be transferred only	430
within the geographic boundaries of the revitalization district in	431
which it was issued and shall not be transferred outside the	432
geographic boundaries of that district.	433

(4) Not more than one D-5l permit shall be issued within each	434
revitalization district for each five acres of land located within	435
the district. Not more than fifteen D-5l permits may be issued	436
within a single revitalization district. Except as otherwise	437
provided in division (L)(4) of this section, no quota restrictions	438
shall be placed upon the number of D-5l permits that may be	439
issued.	440

(5) No D-5l permit shall be issued to an adult entertainment	441
establishment as defined in section 2907.39 of the Revised Code.	442

(6) The fee for a D-5l permit is two thousand three hundred	443
forty-four dollars.	444

(M) Permit D-5m may be issued to either the owner or the	445
operator of a retail food establishment or food service operation	446
licensed under Chapter 3717. of the Revised Code that operates as	447
a restaurant for purposes of this chapter and that is located in,	448
or affiliated with, a center for the preservation of wild animals	449
as defined in section 4301.404 of the Revised Code, to sell beer	450
and any intoxicating liquor at retail, only by the glass and from	451
the container, for consumption on the premises where sold, and to	452
sell the same products in the same manner and amounts not for	453
consumption on the premises as may be sold by the holders of D-1	454
and D-2 permits. In addition to the privileges authorized by this	455
division, the holder of a D-5m permit may exercise the same	456
privileges as the holder of a D-5 permit.	457

A D-5m permit shall not be transferred to another location.	458
No quota restrictions shall be placed on the number of D-5m	459
permits that may be issued. The fee for a permit D-5m is two	460
thousand three hundred forty-four dollars.	461

(N) Permit D-5n shall be issued to either a casino operator	462
or a casino management company licensed under Chapter 3772. of the	463
Revised Code that operates a casino facility under that chapter,	464
to sell beer and any intoxicating liquor at retail, only by the	465
individual drink in glass and from the container, for consumption	466
on the premises where sold, and to sell the same products in the	467
same manner and amounts not for consumption on the premises as may	468
be sold by the holders of D-1 and D-2 permits. In addition to the	469
privileges authorized by this division, the holder of a D-5n	470
permit may exercise the same privileges as the holder of a D-5	471
permit. A D-5n permit shall not be transferred to another	472
location. Only one D-5n permit may be issued per casino facility	473
and not more than four D-5n permits shall be issued in this state.	474
The fee for a permit D-5n shall be twenty thousand dollars. The	475
holder of a D-5n permit may conduct casino gaming on the permit	476
premises notwithstanding any provision of the Revised Code or	477
Administrative Code.	478

(O) Permit D-5o may be issued to the owner or operator of a	479
retail food establishment or a food service operation licensed	480
under Chapter 3717. of the Revised Code that operates as a	481
restaurant for purposes of this chapter and that is located within	482
a casino facility for which a D-5n permit has been issued. The	483
holder of a D-5o permit may sell beer and any intoxicating liquor	484
at retail, only by the individual drink in glass and from the	485
container, for consumption on the premises where sold, and may	486
sell the same products in the same manner and amounts not for	487
consumption on the premises where sold as may be sold by the	488
holders of D-1 and D-2 permits. In addition to the privileges	489
authorized by this division, the holder of a D-5o permit may	490
exercise the same privileges as the holder of a D-5 permit. A D-5o	491
permit shall not be transferred to another location. No quota	492
restrictions shall be placed on the number of such permits that	493
may be issued. The fee for this permit is two thousand three	494
hundred forty-four dollars.	495

Sec. 4303.202.  (A) The division of liquor control may issue	496
an F-2 permit to an association or corporation, or to a recognized	497
subordinate lodge, chapter, or other local unit of an association	498
or corporation, to sell beer or intoxicating liquor by the	499
individual drink at an event to be held on premises located in a	500
political subdivision or part thereof where the sale of beer or	501
intoxicating liquor, but not spirituous liquor, on that day is	502
otherwise permitted by law. However, the division may issue the	503
F-2 permit only if the association, corporation, or recognized	504
subordinate lodge, chapter, or other local unit of an association	505
or corporation meets all of the following:	506

(1) It is organized not for profit;

507

(2) It is operated for a charitable, cultural, educational,	508
fraternal, or political purpose;	509

(3) It is not affiliated with the holder of any class of	510
liquor permit, other than a D-4 permit.	511

The division of liquor control may issue an F-2 permit to an	512
association or corporation, or to a recognized subordinate lodge,	513
chapter, or other local unit of an association or corporation, to	514
sell beer, wine, and spirituous liquor by the individual drink at	515
an event to be held on premises located in a political subdivision	516
or part thereof where the sale of beer and wine, but not	517
spirituous liquor, is otherwise permitted by law on that day.	518

Notwithstanding section 1711.09 of the Revised Code, this	519
section applies to any association or corporation or a recognized	520
subordinate lodge, chapter, or other local unit of an association	521
or corporation.	522

In order to receive an F-2 permit, the association,	523
corporation, or local unit shall be organized not for profit,	524
shall be operated for a charitable, cultural, fraternal, or	525
educational purpose, and shall not be affiliated with the holder	526
of any class of liquor permit, other than a D-4 permit.	527

(B) Sales under an F-2 permit on Sundays are not affected by	528
whether Sunday sales of beer or intoxicating liquor for	529
consumption on the premises where sold are allowed to be made by	530
persons holding another type of permit in the precinct or at the	531
particular location where the event is to be held, provided that	532
the F-2 permit is issued for other days of the week in addition to	533
Sunday.	534

(C) The premises on which the permit is to be used shall be	535
clearly defined and sufficiently restricted to allow proper	536
supervision of the permit use by state and local law enforcement	537
personnel. An F-2 permit may be issued for the same premises for	538
which another class of permit is issued.	539

(D)(1) No F-2 permit shall be effective for more than	540
forty-eightfour consecutive hoursdays, and sales shall be	541
confined to the same hours permitted to the holder of a D-3	542
permit. The division shall not issue more than twoone F-2 permits	543
permit in one calendar yeara thirty-day period to the same	544
association, corporation, or local unit of an association or	545
corporation. The fee for an F-2 permit is one hundred fifty	546
dollars.	547

(2) No association, corporation, local unit of an association	548
or corporation, or D-permit holder who holds an F-2 permit shall	549
sell beer or intoxicating liquor beyond the hours of sale allowed	550
by the permit. Division (D)(2) of this section imposes strict	551
liability on the holder of such permit and on any officer, agent,	552
or employee of such permit holder.	553

(E) If an applicant wishes the holder of a D-3, D-4, or D-5D	554
permit issued under sections 4303.13 to 4303.181 of the Revised	555
Code to conduct the sale of beer and intoxicating liquor at the	556
event, the applicant may request that the F-2 permit be issued	557
jointly to the association, corporation, or local unit and the	558
D-permit holder. If a permit is issued jointly, the association,	559
corporation, or local unit and the D-permit holder shall both be	560
held responsible for any conduct that violates laws pertaining to	561
the sale of alcoholic beverages, including sales by the D-permit	562
holder; otherwise, the association, corporation, or local unit	563
shall be held responsible. In addition to the permit fee paid by	564
the association, corporation, or local unit, the D-permit holder	565
shall pay a fee of ten dollars. A D-permit holder may receive an	566
unlimited number of joint F-2 permits.	567

(F)(1) Any association, corporation, or local unit applying	568
for an F-2 permit shall file with the application a statement of	569
the organizational purpose of the association, corporation, or	570
local unit, the location and purpose of the event, and a list of	571
its officers. The application form shall contain a notice that a	572
person who knowingly makes a false statement on the application or	573
statement is guilty of the crime of falsification, a misdemeanor	574
of the first degree. In ruling on an application, the division	575
shall consider, among other things, the past activities of the	576
association, corporation, or local unit and any D-permit holder	577
while operating under other F-2 permits, the location of the event	578
for which the current application is made, and any objections of	579
local residents or law enforcement authorities. If the division	580
approves the application, it shall send copies of the approved	581
application to the proper law enforcement authorities prior to the	582
scheduled event.	583

(2) Notwithstanding section 1711.09 of the Revised Code, this	584
section applies to any association or corporation or a recognized	585
subordinate lodge, chapter, or other local unit of an association	586
or corporation.	587

(G) Using the procedures of Chapter 119. of the Revised Code,	588
the liquor control commission may adopt such rules as are	589
necessary to administer this section.	590

(B) No association, corporation, local unit of an association	591
or corporation, or D-permit holder who holds an F-2 permit shall	592
sell beer or intoxicating liquor beyond the hours of sale allowed	593
by the permit. This division imposes strict liability on the	594
holder of such permit and on any officer, agent, or employee of	595
such permit holder.	596

Sec. 4303.208. (A)(1) The division of liquor control may	597
issue an F-8 permit to a not-for-profit organization that manages,	598
for the benefit of the public and by contract with a political	599
subdivision of this state, publicly owned property to sell beer or	600
intoxicating liquor by the individual drink at specific events	601
conducted on the publicly owned property and appurtenant streets,	602
but only if, and then only at times at which, the sale of beer and	603
intoxicating liquor on the premises is otherwise permitted by law.	604
Additionally, an F-8 permit may be issued only if the publicly	605
owned property is located in a county that has a population of	606
between seven hundred fifty thousand and nine hundred thousand on	607
the effective date of this sectionJuly 10, 2007.	608

(2) The premises on which an F-8 permit will be used shall be	609
clearly defined and sufficiently restricted to allow proper	610
supervision of the permit's use by state and local law enforcement	611
officers. Sales under an F-8 permit shall be confined to the same	612
hours permitted to the holder of a D-3 permit.	613

(3) The fee for an F-8 permit is one thousand seven hundred	614
dollars. An F-8 permit is effective for a period not to exceed	615
nine months as specified in the permit. An F-8 permit is not	616
transferable or renewable. However, the holder of an F-8 permit	617
may apply for a new F-8 permit at any time. An F-8 permit is not	618
effective until any F-8 permit currently held expires. The holder	619
of an F-8 permit shall make sales only at those specific events	620
about which the permit holder has notified in advance the division	621
of liquor control, the department of public safety, and the chief,	622
sheriff, or other principal peace officer of the local law	623
enforcement agencies having jurisdiction over the premises.	624

(B)(1) An application for the issuance of an F-8 permit is	625
subject to the notice and hearing requirements established in	626
division (A) of section 4303.26 of the Revised Code.	627

(2) The liquor control commission shall adopt under Chapter	628
119. of the Revised Code rules necessary to administer this	629
section.	630

(C) No F-8 permit holder shall sell beer or intoxicating	631
liquor beyond the hours of sale allowed by the permit. This	632
division imposes strict liability on the holder of an F-8 permit	633
and on any officer, agent, or employee of that permit holder.	634

(D) Nothing in this section prohibits the division from	635
issuing an F-2 permit for a specific event not conducted by the	636
holder of an F-8 permit provided that the holder of the F-8 permit	637
certifies to the division that it will not exercise its permit	638
privileges during that specific event.	639

Sec. 4303.99.  (A) Whoever violates section 4303.28 of the	640
Revised Code shall be fined not less than one thousand nor more	641
than twenty-five hundred dollars or imprisoned not less than six	642
months nor more than one year.	643

(B) Whoever violates section 4303.36 of the Revised Code	644
shall be fined not less than twenty-five nor more than one hundred	645
dollars.	646

(C) Whoever violates section 4303.37 of the Revised Code	647
shall be fined not less than twenty-five nor more than fifty	648
dollars.	649

(D) Whoever violates division (B)(D)(2) of section 4303.202	650
or division (C) of section 4303.208 of the Revised Code is guilty	651
of a misdemeanor of the fourth degree.	652

Section 2.  That existing sections 4303.181, 4303.202,	653
4303.208, and 4303.99 of the Revised Code are hereby repealed.	654