Am. H. B. No. 594 As Passed by the House

As Passed by the House

130th General Assembly

Regular Session

2013-2014

Am. H. B. No. 594

Representatives Gerberry, Buchy

Cosponsors: Representatives Adams, R., Amstutz, Anielski, Antonio, Baker, Boyce, Driehaus, Duffey, Grossman, Hayes, Huffman, Letson, Mallory, McGregor, Milkovich, Patmon, Pelanda, Reece, Rogers, Sears, Sheehy, Slaby, Smith, Stinziano, Strahorn, Young Speaker Batchelder

A BILL

To amend sections 4301.62 and 4303.182 and to enact

section 4301.71 of the Revised Code to prohibit

the sale or offering for sale for human

consumption of powdered or crystalline alcohol, to

allow a person to possess beer or intoxicating

liquor on the premises of a market if the beer or

intoxicating liquor has been purchased from a D

liquor permit holder that is located in the

market, and to require the D-6 liquor permit to be

issued to a specified D liquor permit holder that

is located in a state park that has a working farm

on the state park's property.

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

Section 1. That sections 4301.62 and 4303.182 be amended and	13
section 4301.71 of the Revised Code be enacted to read as follows:	14

Sec. 4301.62. (A) As used in this section:

(1) "Chauffeured limousine" means a vehicle registered under	16
section 4503.24 of the Revised Code.	17

(2) "Street," "highway," and "motor vehicle" have the same	18
meanings as in section 4511.01 of the Revised Code.	19

(B) No person shall have in the person's possession an opened	20
container of beer or intoxicating liquor in any of the following	21
circumstances:	22

(1) Except as provided in division (C)(1)(e) of this section,	23
in an agency store;	24

(2) Except as provided in division (C) of this section, on	25
the premises of the holder of any permit issued by the division of	26
liquor control;	27

(3) InExcept as provided in division (F) of this section, in	28
any other public place;	29

(4) Except as provided in division (D) or (E) of this	30
section, while operating or being a passenger in or on a motor	31
vehicle on any street, highway, or other public or private	32
property open to the public for purposes of vehicular travel or	33
parking;	34

(5) Except as provided in division (D) or (E) of this	35
section, while being in or on a stationary motor vehicle on any	36
street, highway, or other public or private property open to the	37
public for purposes of vehicular travel or parking.	38

(C)(1) A person may have in the person's possession an opened	39
container of any of the following:	40

(a) Beer or intoxicating liquor that has been lawfully	41
purchased for consumption on the premises where bought from the	42
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	43
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	44
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or	45
F-8 permit;	46

(b) Beer, wine, or mixed beverages served for consumption on	47
the premises by the holder of an F-3 permit or wine served for	48
consumption on the premises by the holder of an F-4 or F-6 permit;	49

(c) Beer or intoxicating liquor consumed on the premises of a	50
convention facility as provided in section 4303.201 of the Revised	51
Code;	52

(d) Beer or intoxicating liquor to be consumed during	53
tastings and samplings approved by rule of the liquor control	54
commission;	55

(e) Spirituous liquor to be consumed for purposes of a	56
tasting sample, as defined in section 4301.171 of the Revised	57
Code.	58

(2) A person may have in the person's possession on an F	59
liquor permit premises an opened container of beer or intoxicating	60
liquor that was not purchased from the holder of the F permit if	61
the premises for which the F permit is issued is a music festival	62
and the holder of the F permit grants permission for that	63
possession on the premises during the period for which the F	64
permit is issued. As used in this division, "music festival" means	65
a series of outdoor live musical performances, extending for a	66
period of at least three consecutive days and located on an area	67
of land of at least forty acres.	68

(3)(a) A person may have in the person's possession on a D-2	69
liquor permit premises an opened or unopened container of wine	70
that was not purchased from the holder of the D-2 permit if the	71
premises for which the D-2 permit is issued is an outdoor	72
performing arts center, the person is attending an orchestral	73
performance, and the holder of the D-2 permit grants permission	74
for the possession and consumption of wine in certain	75
predesignated areas of the premises during the period for which	76
the D-2 permit is issued.	77

(b) As used in division (C)(3)(a) of this section:

(i) "Orchestral performance" means a concert comprised of a	79
group of not fewer than forty musicians playing various musical	80
instruments.	81

(ii) "Outdoor performing arts center" means an outdoor	82
performing arts center that is located on not less than one	83
hundred fifty acres of land and that is open for performances from	84
the first day of April to the last day of October of each year.	85

(4) A person may have in the person's possession an opened or	86
unopened container of beer or intoxicating liquor at an outdoor	87
location at which the person is attending an orchestral	88
performance as defined in division (C)(3)(b)(i) of this section if	89
the person with supervision and control over the performance	90
grants permission for the possession and consumption of beer or	91
intoxicating liquor in certain predesignated areas of that outdoor	92
location.	93

(5) A person may have in the person's possession on an F-9	94
liquor permit premises an opened or unopened container of beer or	95
intoxicating liquor that was not purchased from the holder of the	96
F-9 permit if the person is attending an orchestral performance	97
and the holder of the F-9 permit grants permission for the	98
possession and consumption of beer or intoxicating liquor in	99
certain predesignated areas of the premises during the period for	100
which the F-9 permit is issued.	101

As used in division (C)(5) of this section, "orchestral	102
performance" has the same meaning as in division (C)(3)(b) of this	103
section.	104

(6)(a) A person may have in the person's possession on the	105
property of an outdoor motorsports facility an opened or unopened	106
container of beer or intoxicating liquor that was not purchased	107
from the owner of the facility if both of the following apply:	108

(i) The person is attending a racing event at the facility;	109
and	110

(ii) The owner of the facility grants permission for the	111
possession and consumption of beer or intoxicating liquor on the	112
property of the facility.	113

(b) As used in division (C)(6)(a) of this section:

114

(i) "Racing event" means a motor vehicle racing event	115
sanctioned by one or more motor racing sanctioning organizations.	116

(ii) "Outdoor motorsports facility" means an outdoor	117
racetrack to which all of the following apply:	118

(I) It is two and four-tenths miles or more in length.

119

(II) It is located on two hundred acres or more of land.

120

(III) The primary business of the owner of the facility is	121
the hosting and promoting of racing events.	122

(IV) The holder of a D-1, D-2, or D-3 permit is located on	123
the property of the facility.	124

(D) This section does not apply to a person who pays all or a	125
portion of the fee imposed for the use of a chauffeured limousine	126
pursuant to a prearranged contract, or the guest of the person,	127
when all of the following apply:	128

(1) The person or guest is a passenger in the limousine.

129

(2) The person or guest is located in the limousine, but is	130
not occupying a seat in the front compartment of the limousine	131
where the operator of the limousine is located.	132

(3) The limousine is located on any street, highway, or other	133
public or private property open to the public for purposes of	134
vehicular travel or parking.	135

(E) An opened bottle of wine that was purchased from the	136
holder of a permit that authorizes the sale of wine for	137
consumption on the premises where sold is not an opened container	138
for the purposes of this section if both of the following apply:	139

(1) The opened bottle of wine is securely resealed by the	140
permit holder or an employee of the permit holder before the	141
bottle is removed from the premises. The bottle shall be secured	142
in such a manner that it is visibly apparent if the bottle has	143
been subsequently opened or tampered with.	144

(2) The opened bottle of wine that is resealed in accordance	145
with division (E)(1) of this section is stored in the trunk of a	146
motor vehicle or, if the motor vehicle does not have a trunk,	147
behind the last upright seat or in an area not normally occupied	148
by the driver or passengers and not easily accessible by the	149
driver.	150

(F) This section does not apply to a person that has in the	151
person's possession an opened container of beer or intoxicating	152
liquor on the premises of a market if the beer or intoxicating	153
liquor has been purchased from a D permit holder that is located	154
in the market.	155

As used in division (F) of this section, "market" means an	156
establishment that:	157

(1) Leases space in the market to individual vendors, not	158
less than fifty per cent of which are retail food establishments	159
or food service operations licensed under Chapter 3717. of the	160
Revised Code;	161

(2) Has an indoor sales floor area of not less than	162
twenty-two thousand square feet;	163

(3) Hosts a farmer's market on each Saturday from April	164
through December;	165

(4) Is owned by a political subdivision.

166

Sec. 4301.71. (A) No person shall sell or offer for sale for	167
human consumption powdered or crystalline alcohol.	168

(B) Division (A) of this section does not apply to any of the	169
following:	170

(1) Any substance regulated by the food and drug	171
administration in the United States department of health and human	172
services that is not either of the following:	173

(a) Beer or intoxicating liquor; or

174

(b) A compound that could be converted into beer or	175
intoxicating liquor.	176

(2) A medication that requires a prescription;

177

(3) An over-the-counter medication.

178

179

(1) "Powdered or crystalline alcohol" means a product that is	180
manufactured into a powdered or crystalline form and that contains	181
any amount of alcohol.	182

(2) "Prescription" has the same meaning as in section 4729.01	183
of the Revised Code.	184

(3) "Over-the-counter medication" means medication that may	185
be legally sold and purchased without a prescription.	186

Sec. 4303.182. (A) Except as otherwise provided in divisions	187
(B) to ~~(J)~~(K) of this section, permit D-6 shall be issued to the	188
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	189
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	190
D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit to allow sale under	191
that permit as follows:	192

(1) Between the hours of ten a.m. and midnight on Sunday if	193
sale during those hours has been approved under question (C)(1),	194
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code,	195
under question (B)(2) of section 4301.355 of the Revised Code, or	196
under section 4301.356 of the Revised Code and has been authorized	197
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	198
Revised Code, under the restrictions of that authorization;	199

(2) Between the hours of eleven a.m. and midnight on Sunday,	200
if sale during those hours has been approved on or after ~~the~~	201
~~effective date of this amendment~~October 16, 2009, under question	202
(B)(1), (2), or (3) of section 4301.351 or 4301.354 of the Revised	203
Code, under question (B)(2) of section 4301.355 of the Revised	204
Code, or under section 4301.356 of the Revised Code and has been	205
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	206
of the Revised Code, under the restrictions of that authorization;	207

(3) Between the hours of eleven a.m. and midnight on Sunday	208
if sale between the hours of one p.m. and midnight was approved	209
before ~~the effective date of this amendment~~October 16, 2009,	210
under question (B)(1), (2), or (3) of section 4301.351 or 4301.354	211
of the Revised Code, under question (B)(2) of section 4301.355 of	212
the Revised Code, or under section 4301.356 of the Revised Code	213
and has been authorized under section 4301.361, 4301.364,	214
4301.365, or 4301.366 of the Revised Code, under the other	215
restrictions of that authorization.	216

(B) Permit D-6 shall be issued to the holder of any permit,	217
including a D-4a and D-5d permit, authorizing the sale of	218
intoxicating liquor issued for a premises located at any publicly	219
owned airport, as defined in section 4563.01 of the Revised Code,	220
at which commercial airline companies operate regularly scheduled	221
flights on which space is available to the public, to allow sale	222
under such permit between the hours of ten a.m. and midnight on	223
Sunday, whether or not that sale has been authorized under section	224
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	225

(C) Permit D-6 shall be issued to the holder of a D-5a	226
permit, and to the holder of a D-3 or D-3a permit who is the owner	227
or operator of a hotel or motel that is required to be licensed	228
under section 3731.03 of the Revised Code, that contains at least	229
fifty rooms for registered transient guests, and that has on its	230
premises a retail food establishment or a food service operation	231
licensed pursuant to Chapter 3717. of the Revised Code that	232
operates as a restaurant for purposes of this chapter and is	233
affiliated with the hotel or motel and within or contiguous to the	234
hotel or motel and serving food within the hotel or motel, to	235
allow sale under such permit between the hours of ten a.m. and	236
midnight on Sunday, whether or not that sale has been authorized	237
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	238
Revised Code.	239

(D) The holder of a D-6 permit that is issued to a sports	240
facility may make sales under the permit between the hours of	241
eleven a.m. and midnight on any Sunday on which a professional	242
baseball, basketball, football, hockey, or soccer game is being	243
played at the sports facility. As used in this division, "sports	244
facility" means a stadium or arena that has a seating capacity of	245
at least four thousand and that is owned or leased by a	246
professional baseball, basketball, football, hockey, or soccer	247
franchise or any combination of those franchises.	248

(E) Permit D-6 shall be issued to the holder of any permit	249
that authorizes the sale of beer or intoxicating liquor and that	250
is issued to a premises located in or at the Ohio historical	251
society area or the state fairgrounds, as defined in division (B)	252
of section 4301.40 of the Revised Code, to allow sale under that	253
permit between the hours of ten a.m. and midnight on Sunday,	254
whether or not that sale has been authorized under section	255
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	256

(F) Permit D-6 shall be issued to the holder of any permit	257
that authorizes the sale of intoxicating liquor and that is issued	258
to an outdoor performing arts center to allow sale under that	259
permit between the hours of one p.m. and midnight on Sunday,	260
whether or not that sale has been authorized under section	261
4301.361 of the Revised Code. A D-6 permit issued under this	262
division is subject to the results of an election, held after the	263
D-6 permit is issued, on question (B)(4) as set forth in section	264
4301.351 of the Revised Code. Following the end of the period	265
during which an election may be held on question (B)(4) as set	266
forth in that section, sales of intoxicating liquor may continue	267
at an outdoor performing arts center under a D-6 permit issued	268
under this division, unless an election on that question is held	269
during the permitted period and a majority of the voters voting in	270
the precinct on that question vote "no."	271

As used in this division, "outdoor performing arts center"	272
means an outdoor performing arts center that is located on not	273
less than eight hundred acres of land and that is open for	274
performances from the first day of April to the last day of	275
October of each year.	276

(G) Permit D-6 shall be issued to the holder of any permit	277
that authorizes the sale of beer or intoxicating liquor and that	278
is issued to a golf course owned by the state, a conservancy	279
district, a park district created under Chapter 1545. of the	280
Revised Code, or another political subdivision to allow sale under	281
that permit between the hours of ten a.m. and midnight on Sunday,	282
whether or not that sale has been authorized under section	283
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	284

(H) Permit D-6 shall be issued to the holder of a D-5g permit	285
to allow sale under that permit between the hours of ten a.m. and	286
midnight on Sunday, whether or not that sale has been authorized	287
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	288
Revised Code.	289

(I) Permit D-6 shall be issued to the holder of any D permit	290
for a premises that is licensed under Chapter 3717. of the Revised	291
Code and that is located at a ski area to allow sale under the D-6	292
permit between the hours of ten a.m. and midnight on Sunday,	293
whether or not that sale has been authorized under section	294
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	295

As used in this division, "ski area" means a ski area as	296
defined in section 4169.01 of the Revised Code, provided that the	297
passenger tramway operator at that area is registered under	298
section 4169.03 of the Revised Code.	299

(J) Permit D-6 shall be issued to the holder of any permit	300
that is described in division (A) of this section for a permit	301
premises that is located in a community entertainment district, as	302
defined in section 4301.80 of the Revised Code, that was approved	303
by the legislative authority of a municipal corporation under that	304
section between October 1 and October 15, 2005, to allow sale	305
under the permit between the hours of ten a.m. and midnight on	306
Sunday, whether or not that sale has been authorized under section	307
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	308

(K) A D-6 permit shall be issued to the holder of any D	309
permit for a premises that is licensed under Chapter 3717. of the	310
Revised Code and that is located in a state park to allow sales	311
under the D-6 permit between the hours of ten a.m. and midnight on	312
Sunday, whether or not those sales have been authorized under	313
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	314
Code.	315

As used in this division, "state park" means a state park	316
that is established or dedicated under Chapter 1541. of the	317
Revised Code and that has a working farm on its property.	318

(L) If the restriction to licensed premises where the sale of	319
food and other goods and services exceeds fifty per cent of the	320
total gross receipts of the permit holder at the premises is	321
applicable, the division of liquor control may accept an affidavit	322
from the permit holder to show the proportion of the permit	323
holder's gross receipts derived from the sale of food and other	324
goods and services. If the liquor control commission determines	325
that affidavit to have been false, it shall revoke the permits of	326
the permit holder at the premises concerned.	327

~~(L)~~(M) The fee for the D-6 permit is five hundred dollars	328
when it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3,	329
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	330
D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit. The	331
fee for the D-6 permit is four hundred dollars when it is issued	332
to the holder of a C-2 permit.	333

Section 2. That existing sections 4301.62 and 4303.182 of the	334
Revised Code are hereby repealed.	335