As Passed by the House

129th General Assembly
Regular Session
2011-2012
S. B. No. 73


Senator Manning 

Cosponsors: Senators Turner, Skindell, Tavares, Bacon, Beagle, Daniels, Gillmor, Hughes, Jones, Lehner, Niehaus, Oelslager, Sawyer, Schaffer, Schiavoni, Stewart, Wagoner, Wilson, Faber, LaRose, Patton, Widener, Hite, Obhof, Seitz, Cates 

Representatives Buchy, Celeste, Dovilla, Fedor, Grossman, Letson, Lundy, Maag, Stinziano, Adams, R., Anielski, Antonio, Baker, Balderson, Barnes, Beck, Blair, Blessing, Boose, Brenner, Bubp, Budish, Burke, Butler, Carey, Carney, Clyde, Coley, Combs, DeGeeter, Derickson, Driehaus, Duffey, Gardner, Garland, Gentile, Gerberry, Hackett, Hagan, C., Hall, Hayes, Heard, Hottinger, Johnson, Kozlowski, Luckie, Mallory, Martin, McClain, McGregor, Mecklenborg, Milkovich, Murray, Newbold, O'Brien, Peterson, Phillips, Pillich, Ramos, Roegner, Rosenberger, Ruhl, Schuring, Sears, Slaby, Slesnick, Stebelton, Thompson, Uecker, Young Speaker Batchelder 



A BILL
To amend section 4301.20 of the Revised Code to allow 1
manufacturers of nonbeverage food products to 2
purchase at wholesale beer and intoxicating liquor 3
from A and B liquor permit holders.4


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

       Section 1. That section 4301.20 of the Revised Code be 5
amended to read as follows:6

       Sec. 4301.20.  This chapter and Chapter 4303. of the Revised 7
Code do not prevent the following:8

       (A) The storage of intoxicating liquor in bonded warehouses, 9
established in accordance with the acts of congress and under the 10
regulation of the United States, located in this state, or the 11
transportation of intoxicating liquor to or from bonded warehouses 12
of the United States wherever located;13

       (B) A bona fide resident of this state who is the owner of a 14
warehouse receipt from obtaining or transporting to the resident's 15
residence for the resident's own consumption and not for resale 16
spirituous liquor stored in a government bonded warehouse in this 17
state or in another state prior to December 1933, subject to such 18
terms as are prescribed by the division of liquor control;19

       (C) The manufacture of cider from fruit for the purpose of 20
making vinegar, and nonintoxicating cider and fruit juices for use 21
and sale;22

       (D) A licensed physician or dentist from administering or 23
dispensing intoxicating liquor or alcohol to a patient in good 24
faith in the actual course of the practice of the physician's or 25
dentist's profession;26

       (E) The sale of alcohol to physicians, dentists, druggists, 27
veterinary surgeons, manufacturers, hospitals, infirmaries, or 28
medical or educational institutions using the alcohol for 29
medicinal, mechanical, chemical, or scientific purposes;30

       (F) The sale, gift, or keeping for sale by druggists and 31
others of any of the medicinal preparations manufactured in 32
accordance with the formulas prescribed by the United States 33
Pharmacopoeia and National Formulary, patent or proprietary 34
preparations, and other bona fide medicinal and technical 35
preparations, which contain no more alcohol than is necessary to 36
hold the medicinal agents in solution and to preserve the same, 37
which are manufactured and sold as medicine and not as beverages, 38
are unfit for use for beverage purposes, and the sale of which 39
does not require the payment of a United States liquor dealer's 40
tax;41

       (G) The manufacture and sale of tinctures or of toilet, 42
medicinal, and antiseptic preparations and solutions not intended 43
for internal human use nor to be sold as beverages, and which are 44
unfit for beverage purposes, if upon the outside of each bottle, 45
box, or package of which there is printed in the English language, 46
conspicuously and legibly, the quantity by volume of alcohol in 47
the preparation or solution;48

       (H) The manufacture and keeping for sale of the food products 49
known as flavoring extracts when manufactured and sold for 50
cooking, culinary, or flavoring purposes, and which are unfit for 51
use for beverage purposes;52

       (I) The lawful sale of wood alcohol or of ethyl alcohol for 53
external use when combined with other substances as to make it 54
unfit for internal use;55

       (J) The manufacture, sale, and transport of ethanol or ethyl 56
alcohol for use as fuel. As used in this division, "ethanol" has 57
the same meaning as in section 5733.46 of the Revised Code.58

       (K) The purchase and importation into this state or the 59
purchase at wholesale from A or B permit holders in this state of 60
beer and intoxicating liquor for use in manufacturing processes of 61
nonbeverage food products under terms prescribed by the division, 62
provided that the terms prescribed by the division shall not 63
increase the cost of the beer or intoxicating liquor to any 64
person, firm, or corporation purchasing and importing it into this 65
state or purchasing it from an A or B permit holder for that use;66

       (L) Any resident of this state or any member of the armed 67
forces of the United States, who has attained the age of 68
twenty-one years, from bringing into this state, for personal use 69
and not for resale, not more than one liter of spirituous liquor 70
in any thirty-day period, and the same is free of any tax consent 71
fee when the resident or member of the armed forces physically 72
possesses and accompanies the spirituous liquor on returning from 73
a foreign country, another state, or an insular possession of the 74
United States;75

       (M) Persons, at least twenty-one years of age, who collect 76
ceramic commemorative bottles containing spirituous liquor that 77
have unbroken federal tax stamps on them from selling or trading 78
the bottles to other collectors. The bottles shall originally have 79
been purchased at retail from the division, legally imported under 80
division (L) of this section, or legally imported pursuant to a 81
supplier registration issued by the division. The sales shall be 82
for the purpose of exchanging a ceramic commemorative bottle 83
between private collectors and shall not be for the purpose of 84
selling the spirituous liquor for personal consumption. The sale 85
or exchange authorized by this division shall not occur on the 86
premises of any permit holder, shall not be made in connection 87
with the business of any permit holder, and shall not be made in 88
connection with any mercantile business.89

       (N) The sale of beer or intoxicating liquor without a liquor 90
permit at a private residence, not more than five times per 91
calendar year at a residence address, at an event that has the 92
following characteristics:93

       (1) The event is for a charitable, benevolent, or political 94
purpose, but shall not include any event the proceeds of which are 95
for the profit or gain of any individual;96

       (2) The event has in attendance not more than fifty people;97

       (3) The event shall be for a period not to exceed twelve 98
hours;99

       (4) The sale of beer and intoxicating liquor at the event 100
shall not take place between two-thirty a.m. and five-thirty a.m.;101

       (5) No person under twenty-one years of age shall purchase or 102
consume beer or intoxicating liquor at the event and no beer or 103
intoxicating liquor shall be sold to any person under twenty-one 104
years of age at the event; and105

       (6) No person at the event shall sell or furnish beer or 106
intoxicating liquor to an intoxicated person.107

       Section 2. That existing section 4301.20 of the Revised Code 108
is hereby repealed.109