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 |
(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 |
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 |
(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 |
(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-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 |
(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 |
(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 |
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 |
(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 |
(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 |
(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 |
(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 |
(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 |
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 |
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 |
(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 |
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 |
(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 |