(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 |
(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 |
(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 |
Sec. 4303.182. (A) Except as otherwise provided in divisions | 172 |
(B) to (J)(K) of this section, permit D-6 shall be issued to the | 173 |
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a, | 174 |
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, | 175 |
D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit to allow sale under | 176 |
that permit as follows: | 177 |
(1) Between the hours of ten a.m. and midnight on Sunday if | 178 |
sale during those hours has been approved under question (C)(1), | 179 |
(2), or (3) of section 4301.351 or 4301.354 of the Revised Code, | 180 |
under question (B)(2) of section 4301.355 of the Revised Code, or | 181 |
under section 4301.356 of the Revised Code and has been authorized | 182 |
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 183 |
Revised Code, under the restrictions of that authorization; | 184 |
(2) Between the hours of eleven a.m. and midnight on Sunday, | 185 |
if sale during those hours has been approved on or after the | 186 |
effective date of this amendmentOctober 16, 2009, under question | 187 |
(B)(1), (2), or (3) of section 4301.351 or 4301.354 of the Revised | 188 |
Code, under question (B)(2) of section 4301.355 of the Revised | 189 |
Code, or under section 4301.356 of the Revised Code and has been | 190 |
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 | 191 |
of the Revised Code, under the restrictions of that authorization; | 192 |
(3) Between the hours of eleven a.m. and midnight on Sunday | 193 |
if sale between the hours of one p.m. and midnight was approved | 194 |
before the effective date of this amendmentOctober 16, 2009, | 195 |
under question (B)(1), (2), or (3) of section 4301.351 or 4301.354 | 196 |
of the Revised Code, under question (B)(2) of section 4301.355 of | 197 |
the Revised Code, or under section 4301.356 of the Revised Code | 198 |
and has been authorized under section 4301.361, 4301.364, | 199 |
4301.365, or 4301.366 of the Revised Code, under the other | 200 |
restrictions of that authorization. | 201 |
(B) Permit D-6 shall be issued to the holder of any permit, | 202 |
including a D-4a and D-5d permit, authorizing the sale of | 203 |
intoxicating liquor issued for a premises located at any publicly | 204 |
owned airport, as defined in section 4563.01 of the Revised Code, | 205 |
at which commercial airline companies operate regularly scheduled | 206 |
flights on which space is available to the public, to allow sale | 207 |
under such permit between the hours of ten a.m. and midnight on | 208 |
Sunday, whether or not that sale has been authorized under section | 209 |
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 210 |
(C) Permit D-6 shall be issued to the holder of a D-5a | 211 |
permit, and to the holder of a D-3 or D-3a permit who is the owner | 212 |
or operator of a hotel or motel that is required to be licensed | 213 |
under section 3731.03 of the Revised Code, that contains at least | 214 |
fifty rooms for registered transient guests, and that has on its | 215 |
premises a retail food establishment or a food service operation | 216 |
licensed pursuant to Chapter 3717. of the Revised Code that | 217 |
operates as a restaurant for purposes of this chapter and is | 218 |
affiliated with the hotel or motel and within or contiguous to the | 219 |
hotel or motel and serving food within the hotel or motel, to | 220 |
allow sale under such permit between the hours of ten a.m. and | 221 |
midnight on Sunday, whether or not that sale has been authorized | 222 |
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 223 |
Revised Code. | 224 |
(D) The holder of a D-6 permit that is issued to a sports | 225 |
facility may make sales under the permit between the hours of | 226 |
eleven a.m. and midnight on any Sunday on which a professional | 227 |
baseball, basketball, football, hockey, or soccer game is being | 228 |
played at the sports facility. As used in this division, "sports | 229 |
facility" means a stadium or arena that has a seating capacity of | 230 |
at least four thousand and that is owned or leased by a | 231 |
professional baseball, basketball, football, hockey, or soccer | 232 |
franchise or any combination of those franchises. | 233 |
(E) Permit D-6 shall be issued to the holder of any permit | 234 |
that authorizes the sale of beer or intoxicating liquor and that | 235 |
is issued to a premises located in or at the Ohio historical | 236 |
society area or the state fairgrounds, as defined in division (B) | 237 |
of section 4301.40 of the Revised Code, to allow sale under that | 238 |
permit between the hours of ten a.m. and midnight on Sunday, | 239 |
whether or not that sale has been authorized under section | 240 |
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 241 |
(F) Permit D-6 shall be issued to the holder of any permit | 242 |
that authorizes the sale of intoxicating liquor and that is issued | 243 |
to an outdoor performing arts center to allow sale under that | 244 |
permit between the hours of one p.m. and midnight on Sunday, | 245 |
whether or not that sale has been authorized under section | 246 |
4301.361 of the Revised Code. A D-6 permit issued under this | 247 |
division is subject to the results of an election, held after the | 248 |
D-6 permit is issued, on question (B)(4) as set forth in section | 249 |
4301.351 of the Revised Code. Following the end of the period | 250 |
during which an election may be held on question (B)(4) as set | 251 |
forth in that section, sales of intoxicating liquor may continue | 252 |
at an outdoor performing arts center under a D-6 permit issued | 253 |
under this division, unless an election on that question is held | 254 |
during the permitted period and a majority of the voters voting in | 255 |
the precinct on that question vote "no." | 256 |
(G) Permit D-6 shall be issued to the holder of any permit | 262 |
that authorizes the sale of beer or intoxicating liquor and that | 263 |
is issued to a golf course owned by the state, a conservancy | 264 |
district, a park district created under Chapter 1545. of the | 265 |
Revised Code, or another political subdivision to allow sale under | 266 |
that permit between the hours of ten a.m. and midnight on Sunday, | 267 |
whether or not that sale has been authorized under section | 268 |
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 269 |
(J) Permit D-6 shall be issued to the holder of any permit | 285 |
that is described in division (A) of this section for a permit | 286 |
premises that is located in a community entertainment district, as | 287 |
defined in section 4301.80 of the Revised Code, that was approved | 288 |
by the legislative authority of a municipal corporation under that | 289 |
section between October 1 and October 15, 2005, to allow sale | 290 |
under the permit between the hours of ten a.m. and midnight on | 291 |
Sunday, whether or not that sale has been authorized under section | 292 |
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 293 |
(L) If the restriction to licensed premises where the sale of | 304 |
food and other goods and services exceeds fifty per cent of the | 305 |
total gross receipts of the permit holder at the premises is | 306 |
applicable, the division of liquor control may accept an affidavit | 307 |
from the permit holder to show the proportion of the permit | 308 |
holder's gross receipts derived from the sale of food and other | 309 |
goods and services. If the liquor control commission determines | 310 |
that affidavit to have been false, it shall revoke the permits of | 311 |
the permit holder at the premises concerned. | 312 |
(L)(M) The fee for the D-6 permit is five hundred dollars | 313 |
when it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, | 314 |
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, | 315 |
D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit. The | 316 |
fee for the D-6 permit is four hundred dollars when it is issued | 317 |
to the holder of a C-2 permit. | 318 |