|
|
| To amend section 4301.62 and to enact section 4301.82 | 1 |
| of the Revised Code to allow municipal | 2 |
| corporations with a population of more than 50,000 | 3 |
| to create municipal entertainment districts and to | 4 |
| exempt persons within such districts from the open | 5 |
| container law. | 6 |
| Section 1. That section 4301.62 be amended and section | 7 |
| 4301.82 of the Revised Code be enacted to read as follows: | 8 |
| Sec. 4301.62. (A) As used in this section: | 9 |
| (1) "Chauffeured limousine" means a vehicle registered under | 10 |
| section 4503.24 of the Revised Code. | 11 |
| (2) "Street," "highway," and "motor vehicle" have the same | 12 |
| meanings as in section 4511.01 of the Revised Code. | 13 |
| (B) No person shall have in the person's possession an opened | 14 |
| container of beer or intoxicating liquor in any of the following | 15 |
| circumstances: | 16 |
| (1) Except as provided in division (C)(1)(e) of this section, | 17 |
| in an agency store; | 18 |
| (2) Except as provided in division (C) of this section, on | 19 |
| the premises of the holder of any permit issued by the division of | 20 |
| liquor control; | 21 |
| (3) | 22 |
| any other public place; | 23 |
| (4) Except as provided in division (D) or (E) of this | 24 |
| section, while operating or being a passenger in or on a motor | 25 |
| vehicle on any street, highway, or other public or private | 26 |
| property open to the public for purposes of vehicular travel or | 27 |
| parking; | 28 |
| (5) Except as provided in division (D) or (E) of this | 29 |
| section, while being in or on a stationary motor vehicle on any | 30 |
| street, highway, or other public or private property open to the | 31 |
| public for purposes of vehicular travel or parking. | 32 |
| (C)(1) A person may have in the person's possession an opened | 33 |
| container of any of the following: | 34 |
| (a) Beer or intoxicating liquor that has been lawfully | 35 |
| purchased for consumption on the premises where bought from the | 36 |
| holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a, | 37 |
| D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, | 38 |
| D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or | 39 |
| F-8 permit; | 40 |
| (b) Beer, wine, or mixed beverages served for consumption on | 41 |
| the premises by the holder of an F-3 permit or wine served for | 42 |
| consumption on the premises by the holder of an F-4 or F-6 permit; | 43 |
| (c) Beer or intoxicating liquor consumed on the premises of a | 44 |
| convention facility as provided in section 4303.201 of the Revised | 45 |
| Code; | 46 |
| (d) Beer or intoxicating liquor to be consumed during | 47 |
| tastings and samplings approved by rule of the liquor control | 48 |
| commission; | 49 |
| (e) Spirituous liquor to be consumed for purposes of a | 50 |
| tasting sample, as defined in section 4301.171 of the Revised | 51 |
| Code. | 52 |
| (2) A person may have in the person's possession on an F | 53 |
| liquor permit premises an opened container of beer or intoxicating | 54 |
| liquor that was not purchased from the holder of the F permit if | 55 |
| the premises for which the F permit is issued is a music festival | 56 |
| and the holder of the F permit grants permission for that | 57 |
| possession on the premises during the period for which the F | 58 |
| permit is issued. As used in this division, "music festival" means | 59 |
| a series of outdoor live musical performances, extending for a | 60 |
| period of at least three consecutive days and located on an area | 61 |
| of land of at least forty acres. | 62 |
| (3)(a) A person may have in the person's possession on a D-2 | 63 |
| liquor permit premises an opened or unopened container of wine | 64 |
| that was not purchased from the holder of the D-2 permit if the | 65 |
| premises for which the D-2 permit is issued is an outdoor | 66 |
| performing arts center, the person is attending an orchestral | 67 |
| performance, and the holder of the D-2 permit grants permission | 68 |
| for the possession and consumption of wine in certain | 69 |
| predesignated areas of the premises during the period for which | 70 |
| the D-2 permit is issued. | 71 |
| (b) As used in division (C)(3)(a) of this section: | 72 |
| (i) "Orchestral performance" means a concert comprised of a | 73 |
| group of not fewer than forty musicians playing various musical | 74 |
| instruments. | 75 |
| (ii) "Outdoor performing arts center" means an outdoor | 76 |
| performing arts center that is located on not less than one | 77 |
| hundred fifty acres of land and that is open for performances from | 78 |
| the first day of April to the last day of October of each year. | 79 |
| (4) A person may have in the person's possession an opened or | 80 |
| unopened container of beer or intoxicating liquor at an outdoor | 81 |
| location at which the person is attending an orchestral | 82 |
| performance as defined in division (C)(3)(b)(i) of this section if | 83 |
| the person with supervision and control over the performance | 84 |
| grants permission for the possession and consumption of beer or | 85 |
| intoxicating liquor in certain predesignated areas of that outdoor | 86 |
| location. | 87 |
| (5) A person may have in the person's possession on an F-9 | 88 |
| liquor permit premises an opened or unopened container of beer or | 89 |
| intoxicating liquor that was not purchased from the holder of the | 90 |
| F-9 permit if the person is attending an orchestral performance | 91 |
| and the holder of the F-9 permit grants permission for the | 92 |
| possession and consumption of beer or intoxicating liquor in | 93 |
| certain predesignated areas of the premises during the period for | 94 |
| which the F-9 permit is issued. | 95 |
| As used in division (C)(5) of this section, "orchestral | 96 |
| performance" has the same meaning as in division (C)(3)(b) of this | 97 |
| section. | 98 |
| (6) A person may have in the person's possession an open | 99 |
| container of beer or intoxicating liquor that was purchased from | 100 |
| the holder of an A-2 or D permit with a municipal entertainment | 101 |
| district designation at an outdoor location within the applicable | 102 |
| municipal entertainment district. However, no person shall enter | 103 |
| the premises of an establishment within the municipal | 104 |
| entertainment district while possessing an open container of beer | 105 |
| or intoxicating liquor acquired elsewhere. | 106 |
| (D) This section does not apply to a person who pays all or a | 107 |
| portion of the fee imposed for the use of a chauffeured limousine | 108 |
| pursuant to a prearranged contract, or the guest of the person, | 109 |
| when all of the following apply: | 110 |
| (1) The person or guest is a passenger in the limousine. | 111 |
| (2) The person or guest is located in the limousine, but is | 112 |
| not occupying a seat in the front compartment of the limousine | 113 |
| where the operator of the limousine is located. | 114 |
| (3) The limousine is located on any street, highway, or other | 115 |
| public or private property open to the public for purposes of | 116 |
| vehicular travel or parking. | 117 |
| (E) An opened bottle of wine that was purchased from the | 118 |
| holder of a permit that authorizes the sale of wine for | 119 |
| consumption on the premises where sold is not an opened container | 120 |
| for the purposes of this section if both of the following apply: | 121 |
| (1) The opened bottle of wine is securely resealed by the | 122 |
| permit holder or an employee of the permit holder before the | 123 |
| bottle is removed from the premises. The bottle shall be secured | 124 |
| in such a manner that it is visibly apparent if the bottle has | 125 |
| been subsequently opened or tampered with. | 126 |
| (2) The opened bottle of wine that is resealed in accordance | 127 |
| with division (E)(1) of this section is stored in the trunk of a | 128 |
| motor vehicle or, if the motor vehicle does not have a trunk, | 129 |
| behind the last upright seat or in an area not normally occupied | 130 |
| by the driver or passengers and not easily accessible by the | 131 |
| driver. | 132 |
| Sec. 4301.82. (A)(1) As used in this section, "municipal | 133 |
| entertainment district" means a bounded area, which may be | 134 |
| irregularly shaped, that does not exceed one-half mile by one-half | 135 |
| mile and that includes not fewer than a total of four A-2 or D | 136 |
| permit holders. | 137 |
| (2) "Municipal corporation" means a municipal corporation | 138 |
| with a population of more than fifty thousand people. | 139 |
| (B) A person who is an owner or operator of any establishment | 140 |
| located in a municipal corporation who holds an A-2 or D permit | 141 |
| may seek to have the property on which the establishment is | 142 |
| located, or that property and other surrounding property located | 143 |
| in the municipal corporation, designated as a municipal | 144 |
| entertainment district. Such a person shall file an application | 145 |
| seeking this designation with the mayor of the municipal | 146 |
| corporation in which that property is located. An application to | 147 |
| designate an area as a municipal entertainment district shall | 148 |
| contain all of the following: | 149 |
| (1) The applicant's name and address and the name and address | 150 |
| of the establishment; | 151 |
| (2) A map or survey of the proposed municipal entertainment | 152 |
| district in sufficient detail to identify the boundaries of the | 153 |
| district and the property owned by the applicant; | 154 |
| (3) A general statement of the nature and types of | 155 |
| establishments that are or will be located within the proposed | 156 |
| municipal entertainment district; | 157 |
| (4) Evidence that the uses of land within the proposed | 158 |
| municipal entertainment district are in accord with the municipal | 159 |
| corporation's master zoning plan or map; | 160 |
| (5) A handling and processing fee to accompany the | 161 |
| application, payable to the applicable municipal corporation, in | 162 |
| an amount to be determined by that municipal corporation. | 163 |
| (C) An application described in division (B) of this section | 164 |
| shall be addressed and submitted to the mayor of the municipal | 165 |
| corporation in which the area described in the application is | 166 |
| located. The mayor, within thirty days after receiving the | 167 |
| application, shall submit the application with the mayor's | 168 |
| recommendation to the legislative authority of the municipal | 169 |
| corporation. | 170 |
| Within thirty days after it receives the application and the | 171 |
| mayor's recommendation relating to the application, the | 172 |
| legislative authority of the municipal corporation, by notice | 173 |
| published once a week for two consecutive weeks in one newspaper | 174 |
| of general circulation in the municipal corporation or as provided | 175 |
| in section 7.16 of the Revised Code, shall notify the public that | 176 |
| the application is on file in the office of the clerk of the | 177 |
| municipal corporation and is available for inspection by the | 178 |
| public during regular business hours. The notice also shall | 179 |
| indicate the date and time of any public hearing on the | 180 |
| application by the legislative authority. | 181 |
| Within seventy-five days after the date the application is | 182 |
| filed with the mayor of a municipal corporation, the legislative | 183 |
| authority of the municipal corporation shall approve or disapprove | 184 |
| the application by either ordinance or resolution. Any approval of | 185 |
| an application shall be by an affirmative majority vote of the | 186 |
| legislative authority, and any area approved by the legislative | 187 |
| authority constitutes a municipal entertainment district. If the | 188 |
| legislative authority disapproves the application, the applicant | 189 |
| may make changes in the application to secure its approval by the | 190 |
| legislative authority. | 191 |
| (D) The number of municipal entertainment districts that may | 192 |
| be created within a municipal corporation shall be limited as | 193 |
| follows: | 194 |
| (1) Not more than three municipal entertainment districts | 195 |
| shall be created in a municipal corporation with a population of | 196 |
| three hundred thousand or more. | 197 |
| (2) Not more than two municipal entertainment districts shall | 198 |
| be created in a municipal corporation with a population of more | 199 |
| than one hundred fifty thousand but less than three hundred | 200 |
| thousand. | 201 |
| (3) Not more than one municipal entertainment district shall | 202 |
| be created in a municipal corporation with a population of more | 203 |
| than fifty thousand but less than or equal to one hundred fifty | 204 |
| thousand. | 205 |
| For purposes of this section, the population of a municipal | 206 |
| corporation shall be the population shown by the most recent | 207 |
| regular federal census. | 208 |
| (E) After a municipal entertainment district has been | 209 |
| approved, the division of liquor control, for purposes of section | 210 |
| 4301.62 of the Revised Code, may issue a municipal entertainment | 211 |
| district designation to any A-2 or D permit holder located within | 212 |
| the entertainment district that is in compliance with all | 213 |
| applicable requirements under Chapters 4301. and 4303. of the | 214 |
| Revised Code. Any permit holder that receives a municipal | 215 |
| entertainment district designation shall comply with all laws, | 216 |
| rules, and regulations, which govern its license type. | 217 |
| (F) All or part of an area designated as a municipal | 218 |
| entertainment district may lose this designation as provided in | 219 |
| this division. The legislative authority of a municipal | 220 |
| corporation in which a municipal entertainment district is | 221 |
| located, after giving notice of its proposed action by publication | 222 |
| once a week for two consecutive weeks in one newspaper of general | 223 |
| circulation in the municipal corporation or as provided in section | 224 |
| 7.16 of the Revised Code, may determine by ordinance or resolution | 225 |
| that all or a part of the municipal entertainment district shall | 226 |
| be dissolved. If the legislative authority so determines, the area | 227 |
| designated in the ordinance or resolution no longer constitutes a | 228 |
| municipal entertainment district and the division of liquor | 229 |
| control shall revoke all municipal entertainment designations | 230 |
| issued to A-2 or D permit holders in the dissolved district or | 231 |
| portion of the district. | 232 |
| Section 2. That existing section 4301.62 of the Revised Code | 233 |
| is hereby repealed. | 234 |