As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 499


Representative Young 

Cosponsors: Representatives Adams, J., Blessing, Grossman, Patterson 

A BILL
To amend section 4303.041 of the Revised Code to 1
allow an A-3a liquor permit holder to annually 2
sell a certain amount of spirituous liquor in 3
sealed containers for off-premises consumption 4
without entering into an agreement with the 5
Division of Liquor Control to sell the spirituous 6
liquor as an independent contractor as required 7
under current law and to allow the permit holder 8
to retain the mark-up value of the spirituous 9
liquor sold under those circumstances.10


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

       Section 1.  That section 4303.041 of the Revised Code be 11
amended to read as follows:12

       Sec. 4303.041.  (A) An A-3a permit may be issued to a 13
distiller that manufactures less than ten thousand gallons of 14
spirituous liquor per year. An A-3a permit holder may sell to a 15
personal consumer, in sealed containers for consumption off the 16
premises where manufactured, spirituous liquor that the permit 17
holder manufactures, but sales to the personal consumer may occur 18
only by an in-person transaction at the permit premises. The A-3a 19
permit holder shall not ship, send, or use an H permit holder to 20
deliver spirituous liquor to the personal consumer. 21

       "Distiller" means a person in this state who mashes, 22
ferments, distills, and ages spirituous liquor. 23

       (B)(1) Except as otherwise provided in this section, no A-3a 24
permit shall be issued unless the sale of spirituous liquor by the 25
glass for consumption on the premises or by the package for 26
consumption off the premises is authorized in the election 27
precinct in which the A-3a permit is proposed to be located.28

       (2) Division (B)(1) of this section does not prohibit the 29
issuance of an A-3a permit to an applicant for such a permit who 30
has filed an application with the division of liquor control 31
before the effective date of this amendmentMarch 22, 2012.32

       (C)(1) An A-3a permit holder may offer for sale tasting 33
samples of spirituous liquor. The A-3a permit holder shall not 34
serve more than four tasting samples of spirituous liquor per 35
person per day. A tasting sample shall not exceed a quarter ounce. 36
Tasting samples shall be only for the purpose of allowing a 37
purchaser to determine, by tasting only, the quality and character 38
of the spirituous liquor. The tasting samples shall be offered for 39
sale in accordance with rules adopted by the division of liquor 40
control. 41

       (2) An A-3a permit holder shall sell not more than one and 42
one-half liters of spirituous liquor per day from the permit 43
premises to the same personal consumer.44

       An(D)(1) Except as provided in division (D)(2) of this 45
section, an A-3a permit holder may sell spirituous liquor in 46
sealed containers for consumption off the premises where 47
manufactured as an independent contractor under agreement, by 48
virtue of the permit, with the division of liquor control. The 49
price at which the A-3a permit holder shall sell each spirituous 50
liquor product to a personal consumer is to be determined by the 51
division of liquor control. For an A-3a permit holder to purchase 52
and then offer spirituous liquor for retail sale, the spirituous 53
liquor need not first leave the physical possession of the A-3a 54
permit holder to be so registered. The spirituous liquor that the 55
A-3a permit holder buys from the division of liquor control shall 56
be maintained in a separate area of the permit premises for sale 57
to personal consumers. The A-3a permit holder shall sell such 58
spirituous liquor in sealed containers for consumption off the 59
premises where manufactured as an independent contractor by virtue 60
of the permit issued by the division of liquor control, but the 61
permit holder shall not be compensated as provided in division 62
(A)(1) of section 4301.17 of the Revised Code. Each A-3a permit 63
holder shall be subject to audit by the division of liquor 64
control.65

       (D)(2) An A-3a permit holder in this state may sell not more 66
than seven hundred fifty gallons per year of spirituous liquor in 67
sealed containers for consumption off the premises where 68
manufactured without entering into an agreement with the division 69
of liquor control as an independent contractor. The retail price 70
for any spirituous liquor sold pursuant to division (D)(2) of this 71
section shall be the same as the retail price of any spirituous 72
liquor sold pursuant to division (D)(1) of this section.73

       For each container of spirituous liquor sold pursuant to 74
division (D)(2) of this section, the permit holder shall retain an 75
amount equal to the permit holder's invoice price plus the 76
difference between the invoice price per container and the retail 77
price set by the division of liquor control for the sale of that 78
same variety of spirituous liquor pursuant to division (B)(4) of 79
section 4301.10 of the Revised Code minus all applicable taxes. 80
The permit holder shall pay all applicable taxes on spirituous 81
liquor sold at the permit premises; however, the division shall 82
not collect any mark-up value that the division would otherwise be 83
entitled to receive if the spirituous liquor were sold in an 84
agency store.85

       (E) The fee for the A-3a permit is two dollars per 86
fifty-gallon barrel.87

       (E)(F) The holder of an A-3a permit may also exercise the 88
same privileges as the holder of an A-3 permit.89

       Section 2.  That existing section 4303.041 of the Revised 90
Code is hereby repealed.91