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(123rd General Assembly)(Substitute Senate Bill Number 262)
AN ACT
To amend sections 1333.82, 4301.01, 4301.241, 4301.28, 4301.333, 4301.351,
4301.354, 4301.355,
4301.361, 4301.364, 4301.365, 4301.37, 4301.40, 4301.62, 4303.181,
and 4303.182 and to enact section
4303.184 of the Revised Code to create the D-8 permit to be issued to certain
retail stores to allow the sale of tasting samples of beer, wine, and mixed
beverages;
to
allow local option elections on the Sunday sale of intoxicating
liquor between the hours of 10 a.m. and midnight;
to change certain of the
requirements for the issuance and renewal of the D-5i permit;
to exempt the sale of beer
and intoxicating liquor at
premises located
in or at the Ohio Historical Society area or the State Fairgrounds from the
effects of
local option elections; to allow Sunday liquor sales at
certain outdoor performing arts centers and at premises located in
or at the Ohio Historical Society area or
the State
Fairgrounds, whether or not those sales have been approved at local option
elections;
to make
changes in the law governing local option elections on beer and
liquor sales at a specific premises; to define a sales area or territory for
purposes of the Liquor Control Law and the Alcohol Beverage Franchise Law; and
to
exclude agency contracts appeals from the Liquor Control Commission's
jurisdiction.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 1333.82, 4301.01, 4301.241, 4301.28, 4301.333, 4301.351,
4301.354,
4301.355, 4301.361, 4301.364, 4301.365, 4301.37, 4301.40, 4301.62,
4303.181, and
4303.182 be amended and
section 4303.184 of the Revised Code be enacted to read as
follows:
Sec. 1333.82. As used in sections 1333.82 to 1333.87 of the Revised Code: (A) "Alcoholic beverages" means beer, malt beverages, and wine as defined in
section 4301.01 of the Revised Code. (B) "Manufacturer" means a person, whether located in this state or
elsewhere, who manufactures or supplies alcoholic beverages to distributors in
this state. (C) "Distributor" means a person who sells or distributes alcoholic beverages
to retail permit holders in the state, but does not include the state or any
of its political subdivisions. (D) "Franchise" means a contract or any other legal device used to establish
a contractual relationship between a manufacturer and a distributor. (E) "Good faith" means the duty of any party to any franchise, and all
officers, employees, or agents thereof of any party to any
franchise, to act in a fair and equitable manner
toward each other so as to guarantee each party freedom from coercion or
intimidation; except that recommendation, endorsement, exposition, persuasion,
urging, or argument shall not be deemed considered to constitute
a lack of good faith or
coercion. (F) "Brand," as applied to wine, means a wine different from any other wine
in respect to type, brand, trade name, or container size. (g) "sales area or territory" means an exclusive geographic area
or territory that is assigned to a particular a or b permit
holder
and that either has one or more political subdivisions as its
boundaries or consists of an area of land with readily
identifiable geographic boundaries. "sales area or territory"
does not include, however, any particular retail location in an
exclusive geographic area or territory that is assigned to another
a or b permit holder. Sec. 4301.01. (A) As used in the Revised Code: (1) "Intoxicating liquor" and "liquor" include all liquids
and compounds, other than beer as defined in division (B)(2) of
this section, containing one-half of one per cent or more of
alcohol by volume which are fit to use for beverage purposes,
from whatever source and by whatever process produced, by
whatever name called, and whether the same are medicated,
proprietary, or patented. The phrase includes "intoxicating
liquor" and "Liquor" include wine, as defined
in division (B)(3) of this section even if it contains less than
four per cent of alcohol by volume, mixed beverages, as defined
in division (B)(4) of this section even if they contain less than
four per cent of alcohol by volume, cider, as defined in division
(B)(21) of this section, alcohol, and all solids and
confections which contain any alcohol. (2) Except as used in sections 4301.01 to 4301.20, 4301.22
to 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of
the Revised Code, "sale" and "sell" include exchange, barter,
gift, offer for sale, sale, distribution and delivery of any
kind, and the transfer of title or possession of beer and
intoxicating liquor either by constructive or actual delivery by
any means or devices whatever, including the sale of beer or
intoxicating liquor by means of a controlled access alcohol and
beverage cabinet pursuant to section 4301.21 of the Revised Code.
"Sale" and "sell" do not include the
mere solicitation of orders for
beer or intoxicating liquor from the holders of permits issued by
the division of liquor control authorizing the sale of the
beer or intoxicating liquor, but no solicitor shall solicit
any such orders until the solicitor has been registered with
the division pursuant to section 4303.25
of the Revised Code. (3) "Vehicle" includes all means of transportation by
land, by water, or by air, and everything made use of in any way
for such transportation. (B) As used in sections 4301.01 to 4301.74 of the Revised
Code: (1) "Alcohol" means ethyl alcohol, whether rectified or
diluted with water or not, whatever its origin may be, and
includes synthetic ethyl alcohol.
"Alcohol" does not include denatured alcohol and wood alcohol. (2) "Beer," "malt liquor," or "malt beverages" includes
all brewed or fermented malt products containing one-half of one
per cent or more of alcohol by volume but not more than six per
cent of alcohol by weight. (3) "Wine" includes all liquids fit to use for beverage
purposes containing not less than one-half of one per cent of
alcohol by volume and not more than twenty-one per cent of
alcohol by volume, which is made from the fermented juices of
grapes, fruits, or other agricultural products, except that as used
in sections 4301.13, 4301.421, 4301.422,
4301.432, and 4301.44 of the Revised Code, and, for
purposes of determining the rate of the tax that applies, division
(B) of section 4301.43 of the Revised Code, "wine" does not include cider. (4) "Mixed beverages," such as bottled and prepared
cordials, cocktails, and highballs, are products obtained by
mixing any type of whiskey, neutral spirits, brandy, gin, or
other distilled spirits with, or over, carbonated or plain water,
pure juices from flowers and plants, and other flavoring
materials. The completed product shall contain not less than
one-half of one per cent of alcohol by volume and not more than
twenty-one per cent of alcohol by volume. (5) "Spirituous liquor" includes all intoxicating liquors
containing more than twenty-one per cent of alcohol by volume. (6) "Sealed container" means any container having a
capacity of not more than one hundred twenty-eight fluid ounces,
the opening of which is closed to prevent the entrance of air. (7) "Person" includes firms and corporations. (8) "Manufacture" includes all processes by which beer or
intoxicating liquor is produced, whether by distillation,
rectifying, fortifying, blending, fermentation, or brewing, or in
any other manner. (9) "Manufacturer" means any person engaged in the
business of manufacturing beer or intoxicating liquor. (10) "Wholesale distributor" and "distributor" means a
person engaged in the business of selling to retail dealers for
purposes of resale. (11) "Hotel" has the meaning set forth as in section 3731.01
of the Revised Code, subject to the exceptions mentioned in
section 3731.03 of the Revised Code. (12) "Restaurant" means a place located in a permanent
building provided with space and accommodations wherein, in
consideration of the payment of money, hot meals are habitually
prepared, sold, and served at noon and evening, as the principal
business of the place. "Restaurant"
does not include pharmacies,
confectionery stores, lunch stands, night clubs, and filling
stations. (13) "Club" means a corporation or association of
individuals organized in good faith for social, recreational,
benevolent, charitable, fraternal, political, patriotic, or
athletic purposes, which is the owner, lessor, or occupant of a
permanent building or part thereof of a permanent building
operated solely for
those
purposes, membership in which entails the prepayment of regular
dues, and includes the place so operated. (14) "Night club" means a place operated for profit, where
food is served for consumption on the premises and one or more
forms of amusement are provided or permitted for a consideration
which that may be in the form of a cover charge or may be
included in
the price of the food and beverages, or both, purchased by the
patrons thereof. (15) "At retail" means for use or consumption by the
purchaser and not for resale. (16) "Pharmacy" means an establishment, as defined in
section 4729.01 of the Revised Code, which that is under
the management
or control of a licensed pharmacist in
accordance with section 4729.27 of the Revised Code. (17) "Enclosed shopping center" means a group of retail
sales and service business establishments that face into an
enclosed mall, share common ingress, egress, and parking
facilities, and are situated on a tract of land that contains an
area of not less than five hundred thousand square feet.
"Enclosed shopping center" also includes not more than one
business establishment that is located within a free-standing
building on such a tract of land, so long as the sale of beer and
intoxicating liquor on the tract of land was approved in an
election held under former section 4301.353 of the Revised Code. (18) "Controlled access alcohol and beverage cabinet"
means a closed container, either refrigerated, in whole or in
part, or nonrefrigerated, access to the interior of which is
restricted by means of a device which that requires the use of a
key,
magnetic card, or similar device and from which beer,
intoxicating liquor, other beverages, or food may be sold. (19) "Community facility" means either of the following: (a) Any convention, sports, or entertainment facility or complex,
or any combination of these, that is used by or accessible to the general
public and that is owned or operated in whole or in part by the state, a state
agency, or a political subdivision of the state or that is leased from, or
located on property owned by or leased from, the state, a state agency, a
political subdivision of the state, or a convention facilities authority
created pursuant to section 351.02 of the Revised Code; (b) An area designated as a community entertainment district
pursuant to section 4301.80 of the Revised Code. (20) "Low-alcohol beverage" means any brewed or fermented malt product, or
any product
made from the fermented juices of grapes, fruits, or other
agricultural products, that contains either no alcohol or less
than one-half of one per cent of alcohol by volume. The beverages described
in division (B)(20) of this section do not
include a soft drink such as root beer, birch beer, or ginger
beer. (21) "Cider" means all liquids fit to use for
beverage purposes
that contain one-half of one per cent of alcohol by volume, but not more than
six per cent of alcohol by weight, and that are made through
the normal alcoholic
fermentation of the juice of sound, ripe apples, including, without
limitation, flavored, sparkling, or carbonated cider and cider made from pure
condensed apple must. (22) "sales area or territory" means an exclusive geographic area
or territory that is assigned to a particular a or b permit
holder
and that either has one or more political subdivisions as its
boundaries or consists of an area of land with readily
identifiable geographic boundaries. "sales area or territory"
does not include, however, any particular retail location in an
exclusive geographic area or territory that is assigned to another
a or b permit holder. Sec. 4301.241. Notwithstanding section 4303.06 of the Revised Code, each
manufacturer and supplier of beer and malt beverages shall assign to each of
his the manufacturer's or supplier's B-1 distributors an
exclusive a sales area or territory within which each
such B-1 permit holder shall be the distributor of the brand or brands of
such the
manufacturer or supplier, provided that, if any such the
manufacturer or supplier
manufactures or supplies more than one brand of beer
and malt beverage, the manufacturer or supplier may assign exclusive
sales
areas or territories to additional B-1 distributors for the distribution and
sale of the additional brand or brands, so long as not more than one
distributor distributes the same brand or brands within the same
exclusive
sales area or territory. No B-1 distributor shall distribute a specific brand
of beer or malt beverage in any area or territory other than the
exclusive area or territory assigned to him the
distributor. Sec. 4301.28. (A)(1) Any person aggrieved may appeal to the
liquor control commission from the action of the
division of
liquor control in refusing to issue a permit. (2) The commission shall not hear or consider any appeal
involving any agency contract entered into under section 4301.17 of the Revised Code. (B) If the legislative authority of a municipal
corporation, a board of township trustees, or the board of county
commissioners participated in a hearing conducted under section
4303.26 of the Revised Code for the transfer of location of a
class C or D permit, transfer of a class C or D permit, or
issuance of a class C or D permit or under division (B) of
section 4303.271 of the Revised Code for the renewal of a class C
or D permit, the legislative authority or board may appeal to the
liquor control commission from the order of the
division of
liquor control issuing, transferring, or renewing a permit, or
transferring a location, or participate or be joined as a party
in an appeal from an order of the division denying
the
issuance, transfer, or renewal of a permit or the transfer of a
location. In an appeal on the issuance or the transfer of a location
of a permit, only the reasons for refusal contained in section
4303.292 of the Revised Code shall be considered. In an appeal
on the transfer of ownership of a permit, only the reasons for
refusal contained in divisions (A) and (B)(1) of section 4303.292
of the Revised Code shall be considered. In an appeal on the
renewal of a permit, only the objections considered at the
hearing under section 4303.271 of the Revised Code shall be
considered. The commission shall send notice of an appeal by a
political subdivision by certified mail to the applicant for a
new permit or to the permit holder at the permit holder's
usual place of
business, to the superintendent of
liquor control,
and to the office of the attorney general. The commission shall
also send notice by certified mail of an appeal by a permit
holder from an order denying the transfer or renewal of a permit,
or the transfer of a location, or of an appeal by an applicant
for a new permit from an order denying the issuance of a permit
to the legislative authority or board of the political
subdivision that participated in the hearing on the issuance,
renewal, or transfer, to the superintendent and to the
office of the
attorney general. If a legislative authority or board is a party under this
division to an appeal before the commission, the legislative
authority or board may appeal under section 119.12 of the Revised
Code from an order of the commission affirming the issuance,
transfer, or renewal of a permit, or the transfer of a location,
or participate or be joined as a party in an appeal under that
section from an order of the commission denying the issuance,
transfer, or renewal of a permit, or transfer of a location. If
a court determines that there was not reasonable cause for an
appeal by a political subdivision, it shall require the political
subdivision to pay reasonable expenses of the appellee, including
attorney fees and costs. The prosecuting attorney of the county shall represent the
county or any township located within the county, unless the
township has adopted a limited home rule government under Chapter
504. of the Revised
Code, in which case the township law
director
shall represent the township, in any hearing or appeal under this
section or section 119.12, 4303.26, or 4303.271 of the Revised Code in which
the county or township is a
party. The village solicitor or city law director of the
municipal corporation shall represent the municipal corporation
in any hearing or appeal under this section or section 119.12,
4303.26, or 4303.271 of the Revised Code in which the municipal
corporation is a party. If a permit holder appeals under section 119.12 of the
Revised Code from an order of the commission denying the transfer
or renewal of a permit, or the transfer of a location, or if an
applicant for a new permit appeals from an order of the
commission denying the issuance of a permit, the commission shall
send notice of the appeal by certified mail to the legislative
authority or board of the political subdivision that was a party
to an appeal before the commission. (C) At least twenty-one days before the date by which a
permit holder must pay any forfeiture pursuant to an order issued
under section 4301.252 of the Revised Code, and at least
twenty-one days before the effective date of an order issued by
the liquor control commission, revoking, or
suspending a liquor permit, except for a suspension imposed under
division (A)(3) of section 4301.252 of the Revised Code, the
commission shall send a copy of the order by certified mail to
the holder, addressed to the holder at the premises named in
the permit,
and shall also send by certified mail copies of the order to the
chief of police, marshal, or chief police officer of the
municipal corporation in which the premises for which the permit
was issued are situated, or to the sheriff of the county or
constable of the township, in case the permit was issued for
premises situated outside any municipal corporation. A copy of
an order revoking or canceling a permit or allowing the payment
of a forfeiture under section 4301.252 of the Revised Code shall
be sent to such officer at the same time as a copy is sent to the
permit holder; a copy of an order suspending a permit shall be
sent to such officer when the commission determines under section
4301.252 of the Revised Code that the suspension is to become
effective. The order shall contain a statement of the number of
the permit, the name of the holder, the location of the premises
for which the permit was issued, and the date when the revocation
or cancellation is to be effective, or, in case of suspension,
the beginning and ending dates of the suspension period and such
other information in the notice to the permit holder as is
required by section 4301.252 of the Revised Code. The holder of
such a revoked or cancelled permit shall, on the effective date
of the order of revocation or cancellation, immediately surrender
the permit by mailing or delivering it to the
superintendent of liquor
control by certified mail. If the revoked or canceled permit is
not surrendered, the superintendent
shall issue a
written demand for its surrender and deliver the demand to the
chief of police, marshal, or other chief police officer of the
municipal corporation or to the sheriff of the county, or to the
constable of the township, in which the premises for which the
permit is issued are located, or to any designated agent of the
division of liquor control, and the chief of police,
marshal, or other chief
police officer of the municipal corporation, sheriff, constable,
or agent shall immediately demand and secure possession of the
revoked or cancelled permit and return it by certified mail to
the superintendent. When a permit has been so suspended by order of the liquor
control commission, the permit holder shall not sell any
alcoholic beverages at such permit premises during the effective
period stated in the order of a suspension, and shall cover
the
permit by posting a copy of the suspension order over the
permit,
and the order of suspension shall remain so posted on the permit
premises until termination of the suspension period. Upon
termination of the suspension period, the permit holder may
remove the copy of the suspension order from the permit and
may
resume the sale of alcoholic beverages as authorized by the
permit and in compliance with Chapters 4301. and 4303. of the
Revised Code. The foregoing paragraph of this section is inapplicable
while a stay order is in effect as a result of an appeal taken by
a permit holder from an order of revocation, cancellation, or
suspension or from an order that allows the payment of a
forfeiture under section 4301.252 of the Revised Code, pursuant
to section 119.12 of the Revised Code. A copy of the stay order
shall be posted on the premises of the permit holder and shall be
furnished by the division to the
appropriate
officer, as the case may be, such as the chief of police,
marshal, constable, or sheriff. A permit holder desiring to file a notice of appeal under
section 119.12 of the Revised Code with respect to any order of
the commission as described in this division shall do so within
twenty-one days after the mailing of the notice of the
commission's order as provided in section 119.12 of the Revised
Code. Sec. 4301.333. (A) The privilege of local
option conferred by section 4301.323 of the
Revised Code may be exercised if, not
later than four p.m.
of the seventy-fifth day before the day of a general or primary
election, a petition is presented to the board of elections
of the county in which the precinct is situated by a petitioner
who is one of the following: (1) An applicant for the issuance or transfer of a liquor
permit at, or to, a particular location within the
precinct; (2) The holder of a liquor permit at a particular location
within the precinct; (3) A person who operates or seeks to operate a liquor
agency store at a particular location within the
precinct; (4) The designated agent for an applicant, liquor permit
holder, or liquor agency store described in division (A)(1), (2), or
(3) of this section. (B) The petition shall be
signed by the electors of the precinct equal in number to at
least thirty-five per cent of the total number of votes cast in
the precinct for the office of governor at the preceding general
election of for that office and shall contain all of the
following: (1) A notice that the petition is for the submission of
the question or questions set forth in section 4301.353
4301.355 of the
Revised Code; (2) The name of the applicant for the issuance or
transfer, or the holder, of the liquor permit or, if applicable,
the name of the liquor agency store, including any trade or
fictitious names under which the applicant or, holder, or
liquor
agency store either intends to do or does do business at the
particular location; (3) If the petitioner is the designated agent of the
applicant, liquor holder, or liquor agency store, written
evidence of the designation of the agent by the applicant,
liquor permit holder, or liquor agency store for the purpose of
petitioning for the local option election; (4) The address and proposed use of the particular
location within the election precinct to which the results of
the question or questions specified in section 4301.355 of the
Revised Code shall apply. For purposes
of this division, "use" means all of the following:
(a) The type of each liquor permit applied for by the
applicant or held by the liquor permit holder as described in
sections 4303.11 to 4303.183 of the
Revised Code, including a description
of the type of beer or intoxicating liquor sales authorized by each permit as
provided in those sections; (b) If a liquor agency store, the fact that the business
operated as a liquor agency store authorized to operate by the
this
state of Ohio; (c) A description of the general nature of the business of
the applicant, liquor permit holder, or liquor agency store. (5)(C)(1) At the time the petitioner files the petition
with the board of elections, the petitioner shall provide to the board both of
the following:
(a) An affidavit that is signed by the petitioner
stating and that states the
proposed use of the location following the election held to
authorize the sale of beer and or intoxicating liquor. (C) authorized by each permit as provided in sections 4303.11 to
4303.183 of the Revised Code;
(b) Written evidence of the designation of an agent by the
applicant, liquor permit holder, or liquor agency store described in division
(A)(1), (2), or (3) of this section for the purpose of petitioning
for the local option election, if the petitioner is the designated agent of
the applicant, liquor permit holder, or liquor agency store. (2) Failure to supply the affidavit, or the written evidence of the
designation of the agent if the petitioner for the local option election is
the agent of the applicant, liquor permit holder, or liquor agency store
described in division (A)(1), (2), or (3) of this section, at the
time the petition is filed invalidates the entire petition. (D) Not later than the
sixty-sixth day before the day of the next general or primary
election, whichever occurs first, the board shall examine and
determine the sufficiency of the signatures and the validity of
the petition. If the board finds that the petition contains
sufficient signatures and in other respects is valid, it shall
order the holding of an election in the precinct on the
day of the next general or primary election, whichever occurs
first, for the submission of the question or questions set forth
in section 4301.355 of the Revised Code. (D)(E) A petition filed with
the board of elections under this section shall be open to
public inspection under rules adopted by the board.
(E)(F) An elector who is
eligible to vote on the question or questions set forth in section
4301.355 of the Revised
Code may file, not later than
four
p.m.
of the sixty-fourth day before the day of the election
at which the question or questions will be submitted to the
electors, a protest against a local option petition circulated
and filed pursuant to this section. The protest shall be in
writing and shall be filed with the election officials with whom
the petition was filed. Upon the filing of the protest, the
election officials with whom it is filed shall promptly
establish a time and place for hearing the protest and shall
mail notice of the time and place for the hearing to the
applicant for, or the holder of, the liquor permit who is
specified in the petition and to the elector who filed the
protest. At the time and place established in the notice, the
election officials shall hear the protest and determine the
validity of the petition.
Sec. 4301.351. (A) If a petition is for submission of the
question of whether the sale of intoxicating liquor shall be
permitted on Sunday, a special election shall be held in the
precinct at the time fixed as provided in
section 4301.33 of the Revised Code. The expenses of holding the
election shall be charged to the municipal corporation or
township of which the precinct is a part. (B) At the election, one or more of the following questions,
question (B)(1), (B)(2), or (B)(3) as
designated in a valid petition or question (B)(4) as submitted by
the legislative authority
of a municipal corporation or the board of trustees of a township, shall
be submitted to the
electors of the precinct: (A)(1) "Shall the sale of intoxicating liquor, of the same
types as may be legally sold in this precinct on
other days of the week, be permitted in this ........ for
consumption on the premises where sold, between the hours of one
p.m. and midnight on Sunday?"
(B)(2) "Shall the sale of intoxicating liquor, of the same
types as may be legally sold in this precinct on
other days of the week, be permitted in this ........ for
consumption on the premises where sold, between the hours of one
p.m. and midnight on Sunday, at licensed premises where the sale
of food and other goods and services exceeds fifty per cent of
the total gross receipts of the permit holder at the premises?"
(C)(3) "Shall the sale of wine and mixed beverages, of
the
same types as may be legally sold in this precinct
on other days of the week, be permitted in this ........ for
consumption off the premises where sold, between the hours of one
p.m. and midnight on Sunday?"
(4) "shall the sale of intoxicating liquor, of the same types as
may be legally sold in this precinct on other days of the week, be permitted
in this ....... for
consumption on the premises where sold, between the hours of onep.m. and midnight on Sunday, at outdoor
performing
arts centers, as defined in section 4303.182 of the Revised
Code,
that have been issued a d-6 permit?" QUESTION (B)(4) SHALL BE PRESENTED TO THE ELECTORS OF A PRECINCT
IN WHICH AN OUTDOOR PERFORMING ARTS CENTER IS LOCATED ONLY IF THE
LEGISLATIVE AUTHORITY OF THE MUNICIPAL CORPORATION IN WHICH, OR
THE BOARD OF TRUSTEES OF THE TOWNSHIP IN WHICH, THE OUTDOOR
PERFORMING ARTS CENTER IS LOCATED SUBMITS, NOT LATER THAN FOUR
p.mOF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF A PRIMARY OR
GENERAL ELECTION THAT OCCURS WITHIN TWO YEARS AFTER THE EFFECTIVE DATE OF THIS
AMENDMENT, TO THE BOARD OF ELECTIONS OF THE COUNTY IN WHICH THE PRECINCT IS
LOCATED, A COPY OF AN ORDINANCE OR RESOLUTION REQUESTING THE
SUBMISSION OF THAT QUESTION TO THE ELECTORS OF THE PRECINCT. AN
ELECTION ON QUESTION (B)(4) MAY NOT BE SOUGHT BY A PETITION UNDER
SECTION 4301.33 OF THE REVISED CODE. (C) At the election, one or more of the following questions, as
designated in a valid petition, shall be submitted to the
electors of the precinct: (1) "Shall the sale of intoxicating liquor, of the same
types as may be legally sold in this precinct on
other days of the week, be permitted in this ........ for
consumption on the premises where sold, between the hours of ten
a.mand midnight on Sunday?" (2) "Shall the sale of intoxicating liquor, of the same
types as may be legally sold in this precinct on
other days of the week, be permitted in this ........ for
consumption on the premises where sold, between the hours of ten
a.mand midnight on Sunday, at licensed
premises
where the sale
of food and other goods and services exceeds fifty per cent of
the total gross receipts of the permit holder at the premises?" (3) "Shall the sale of wine and mixed beverages, of the
same types as may be legally sold in this precinct
on other days of the week, be permitted in this ........ for
consumption off the premises where sold, between the hours of ten
a.mand midnight on Sunday?" (D) No C or D permit holder who first applied for such a permit
after April 15, 1982, shall sell beer on Sunday unless the sale
of intoxicating liquor is authorized in the precinct or portion thereof
of the precinct at an
election on question (A), (B)(1), (B)(2), or
(B)(3) of this section, or on question
(C)(1), (C)(2), or (C)(3)
of this section or at an election, on question (A),
(B)(1), (B)(2), or (B)(3) of section
4301.354 of the Revised Code, or on
question
(C)(1), (C)(2), or (C)(3) of section
4301.354 of the Revised Code, whichever question or
questions are appropriate or on question (B)(2) of section
4301.355 of the Revised Code No D-6 permit is required
for
the sale of beer on Sunday. The board of elections to which the petition is presented
shall furnish printed ballots at the election in accordance with
section 3505.06 of the Revised Code, and separate ballots shall
be used for the special election. One or more of the questions
prescribed by divisions (B) and (C) of this section,
as designated in the petition, shall
be set forth on each ballot, and the board shall insert in each
question the name or an accurate description of the precinct in which the
election is to be held. Votes
shall be cast as provided in section 3505.06 of the Revised Code. Sec. 4301.354. (A) If a petition is filed under section 4301.332 of
the Revised
Code for the
submission of the one or more questions set forth in this section, a
special
election shall be held in the precinct as ordered by the
board of elections under that section. The expense of holding the special
election shall be charged to the municipal corporation or township of which
the precinct is a part. (B) At the election, one or more of the following questions,
as designated in a
valid petition, shall be submitted to the electors of the precinct
concerning Sunday sales: (A)(1) "Shall the sale of intoxicating liquor be permitted in
a portion of this
precinct between the hours of one p.m. and midnight
on Sunday for
consumption on the premises where sold, where the status of such Sunday sales
as allowed or prohibited is inconsistent with the status
of such Sunday sales in the remainder of the precinct?"
(B)(2) "Shall the sale of intoxicating liquor
be permitted in a portion of this precinct
between the hours of one
p.m. and midnight on Sunday for consumption on
the premises where sold at licensed premises where the sale of food and other
goods exceeds fifty per cent of the
total gross receipts of the permit holder at the premises, where the status of
such
Sunday sales as allowed or prohibited is inconsistent with the status
of such Sunday sales in the remainder of the precinct?"
(C)(3) "Shall the sale of wine and mixed beverages
be permitted in a portion of this precinct
between the hours of one
p.m. and midnight on Sunday for consumption off
the premises where sold, where the status of such Sunday sales
as allowed or prohibited is inconsistent with the status of such
Sunday sales in the remainder of the precinct?"
(C) At the election, one or more of the following questions, as
designated in a valid petition, shall be submitted to the
electors of the precinct concerning Sunday sales: (1) "Shall the sale of intoxicating liquor
be permitted in a portion of this precinct
between the hours of ten
a.mand midnight on Sunday for consumption on
the
premises where sold, where the status of such Sunday sales as allowed
or prohibited is inconsistent with the status of such Sunday sales in
the remainder of the precinct?" (2) "Shall the sale of intoxicating liquor
be permitted in a portion of this precinct between the hours of ten
a.mand midnight on Sunday for
consumption on the premises where sold at licensed premises
where the sale
of food and other goods exceeds fifty per cent of
the total gross receipts of the permit holder at the premises, where the
status of such Sunday sales as allowed or prohibited is inconsistent
with the status of such Sunday sales in the remainder of the
precinct?" (3) "Shall the sale of wine and mixed beverages be permitted in a portion
ot this precinct between the hours of ten
a.mand midnight on Sunday for consumption off
the
premises where sold, where the status of such Sunday sales as
allowed or prohibited is inconsistent with the status of such Sunday
sales in the remainder of the precinct?" (D) The board of elections shall furnish printed ballots at the
special
election as provided under section 3505.06 of the Revised Code, except that
a separate ballot shall be used for the special election. The one or more
questions set forth in divisions (B) and (C) of this
section shall be printed on each ballot, and the
board shall insert in the question and statement appropriate words to complete
each and a description of the portion of the precinct that would be affected
by
the results of the election. The description of the portion of the precinct
shall include either the complete listing of street addresses in that portion
or a condensed text that accurately describes the boundaries of the portion
of the precinct by street name or by another name
generally known by the residents
of the portion of the precinct. If other than
a full street listing is used, the full street
listing also shall be posted in each polling place in a location that is
easily accessible to all voters. Failure of the board of elections to
completely and accurately list all street addresses in the affected area of
the precinct does not affect the validity of the
election at which the failure occurred and is not grounds for contesting an
election under section 3515.08 of the Revised Code. Votes shall
be cast as provided under section 3505.06 of the Revised Code. Sec. 4301.355. (A) If a
petition is filed under section 4301.333 of the
Revised Code for the submission of the
question or questions set forth in this section, it shall be
held in the precinct as ordered by the board of elections under
that section. The expense of holding the election shall
be charged to the municipal corporation or township of which the
precinct is a part. (B) At the election, one
or more of the following questions, as designated in a valid
petition, shall be submitted to the electors of the
precinct: (1) "Shall the sale of beer and any ........ (insert
beer, wine and mixed beverages, or intoxicating liquor) be
permitted by.......(insert name of applicant, liquor permit
holder, or liquor agency store, including trade or fictitious
name under which applicant for, or holder of, liquor permit or
liquor agency store either intends to do, or does, do business
at
the particular location), an ......... (insert "applicant for" or "holder
of" or "operator of") a ........(insert class name of liquor
permit or permits followed by the words "liquor permit(s)" or,
if appropriate, the words "liquor agency store for the State of
Ohio"), who is engaged in the business of .......(insert general
nature of the business in which applicant or liquor permit
holder is engaged or to will be engaged in at the
particular location,
as described in the petition) at ............(insert address of
the particular location within the precinct as set forth in the
petition) in this precinct?" (2) "Shall the sale of beer and ........ (insert
beer, wine and mixed beverages, or intoxicating liquor) be
permitted for sale on Sunday by ........ (insert name of applicant,
liquor permit holder, or liquor agency store, including trade or
fictitious name under which applicant for, or holder of, liquor
permit or liquor agency store either intends to do, or does, do
business at the particular location), an ......(insert
"applicant for a D-6 liquor permit,"
"holder of a
D-6 liquor permit,"
"applicant for or holder of an
A-1-A, A-2, C-1, C-2x,
D-1,
D-2x, D-3, D-3x,
D-4, D-5, D-5b, D-5c,
D-5e, D-5f, D-5g,
D-5h, D-5i, D-5j,
or D-7 liquor
permit," if only the approval of beer sales is sought,
or "liquor agency store") who is engaged in the
business of ...........(insert general nature of
the business in which applicant or liquor permit
holder is engaged or to will be engaged in at the
particular location,
as described in the petition) at......... (insert address of the
particular location within the precinct) in this
precinct?" If the sale of beer and, wine and mixed beverages, or
intoxicating liquor has been
approved at a particular location within the precinct at a
previous election held under this section 4301.355 of the
Revised
Code, the ballot also shall
include the following statement: "At a previous election held under section 4301.355 of the
Revised
Code, the electors approved the
sale of beer and ....... (insert beer, wine and mixed
beverages,
or intoxicating liquor, as appropriate)
at........(insert business
name and address of the particular location or locations within
the precinct where such sale has been approved at a previous
election under section 4301.355 of the
Revised
Code)." The board of elections shall furnish printed ballots at
the election as provided under section 3505.06 of the
Revised
Code, except that a separate
ballot shall be used for the election
under this section 4301.355 of the Revised Code. The
question and,
if applicable, the statement set forth in this section shall be
printed on each ballot, and the board shall insert in the
question and statement appropriate words to complete each. Votes
shall be cast as provided under section 3505.06 of the
Revised
Code. Sec. 4301.361. If a majority of the electors voting on
questions set forth in section 4301.351 of the Revised Code in a
precinct vote "yes" on question (A)(B)(1) or
(C)(1), or, if
both questions (A)(B)(1) and (B)(2), or questions
(C)(1) and (C)(2), are submitted, "yes" on both
questions
or "yes" on question (A)(B)(1) or (C)(1) but
"no" on question (B)(2) or (C)(2), sales of
intoxicating liquor shall be allowed in the manner and under the
conditions specified in question (A)(B)(1) or
(C)(1), under a D-6 permit, within
the precinct concerned, during the period
the election is in effect as defined in section 4301.37 of the
Revised Code. If only question (B)(2) or (C)(2) is submitted to the
voters or if
questions (B)(2) and (B)(3) or (C)(2)
and (C)(3) are submitted and a majority of the
electors voting in a precinct vote "yes" on
question (B)(2) or (C)(2) as set forth in section
4301.351 of the Revised
Code, sales of intoxicating liquor shall be allowed in the manner
and under the conditions specified in question (B)(2) or
(C)(2), under a D-6
permit, within the precinct concerned,
during the period the election is in effect as defined in section
4301.37 of the Revised Code, even if question (A)(B)(1)
or (C)(1) was also
submitted and a majority of the electors voting in the precinct
voted "no." If question (B)(3) or (C)(3) is submitted and a
majority of electors
voting on the question (B)(3) or (C)(3)
as set forth in section 4301.351 of the
Revised Code in a precinct vote "yes,"
sales of wine and mixed beverages shall be allowed in the manner
and under the conditions specified in question (B)(3) or
(C)(3), under a D-6
permit, within the precinct concerned,
during the period the election is in effect as defined in section
4301.37 of the Revised Code. If questions (A)(B)(1), (B)(2), and
(C)(B)(3), or questions (C)(1), (C)(2),
and (C)(3), as set forth in
section
4301.351 of the Revised Code, are all submitted and a majority of
the electors voting in such precinct vote
"no" on all three questions, no sales of intoxicating liquor
shall be made within the precinct concerned
after two-thirty a.m. on Sunday as specified in the questions
submitted, during the period the election
is in effect as defined in section 4301.37 of the Revised Code. if question (b)(4) as set forth in section 4301.351 of the
Revised Code is submitted and a
majority of the electors voting in the precinct vote "yes," sales of
intoxicating liquor shall be
allowed at outdoor performing arts centers in the manner and under the
conditions specified in
question (b)(4) under a D-6 permit, within the precinct
concerned,
during the period the election is in effect as defined in section 4301.37
of the Revised Code. if question (b)(4) as set
forth in
section 4301.351 of the Revised Code is submitted and a
majority
of the electors voting in the precinct vote "no," no sales of
intoxicating liquor shall be allowed at outdoor performing
arts centers in the precinct concerned under a D-6 permit,
after 2:30 a.m. on Sunday, during the period
the election is in
effect as defined in section 4301.37 of the Revised Code. Sec. 4301.364. (A) If a majority of the electors in a precinct
vote "yes" on
question (A)(B)(1) or (C)(1) as set forth in
section 4301.354 of the Revised Code, the sale of
intoxicating liquor, of the same types as may be legally sold in the precinct
on other days of the week, shall be permitted in the
portion of the precinct
affected by the results of the election between the
hours of one p.m.
and midnight on
Sunday for consumption on the premises where sold in the manner and
under the conditions specified in the question, subject only to
Chapters 4301. and 4303. of the Revised Code. (B) If a majority of the electors in a precinct vote "yes" on question
(B)(2) or (C)(2) as
set forth in section 4301.354
of the Revised Code, the sale of intoxicating liquor,
of the same types as may be legally
sold in the precinct on other days of the week, shall be
permitted in the portion of the precinct affected by the
results of the election between the
hours of one p.m. and midnight on Sunday for
consumption on the premises where sold at licensed premises where the sale of
food and other goods exceeds fifty per cent of the total gross receipts of the
permit holder at the premises in the manner and under the conditions
specified in the question, subject only to Chapters 4301. and
4303. of the Revised Code. (C) If a majority of the electors in a precinct vote "yes" on question
(B)(3) or (C)(3) as
set forth in section 4301.354
of the Revised Code, the sale of
wine and mixed beverages shall
be permitted in the portion of the precinct affected by
the results of the election between the
hours of one p.m. and midnight on
Sunday for consumption off the premises where sold in the manner and
under the conditions specified in the question, subject only to
Chapters 4301. and 4303. of the Revised Code. (D) If a majority of the electors in a precinct vote "no" on question
(A)(B)(1) or (C)(1) as
set forth in section 4301.354
of the Revised Code, no sale of intoxicating liquor
shall be
permitted between the hours of one
p.m. and midnight on Sunday for consumption on
the premises where sold in the manner and under the conditions
specified in the question in the portion of the precinct
affected by the results of the election. (E) If a majority of the electors in a precinct vote "no" on question
(B)(2) or (C)(2) as
set forth in section 4301.354
of the Revised Code, no sale of
intoxicating liquor,
shall be permitted between
the hours of one
p.m. and midnight on Sunday for consumption on
the premises where sold at licensed premises where the sale of food and other
goods exceeds fifty per cent of the total gross receipts of the permit holder
at the premises, in the manner and under the conditions specified in
the question in the portion of the precinct affected
by the results of the election. (F) If a majority of the electors in a precinct vote "no" on question
(B)(3) or (C)(3) as
set forth in section 4301.354
of the Revised Code, no sale of wine or mixed beverages
shall be permitted between the hours of one
p.m. and midnight on Sunday for consumption off
the premises where sold in the manner and under the conditions
specified in the question in the portion of the precinct
affected by the results of the election. Sec. 4301.365. (A) If a majority of the electors in
a precinct vote "yes" on questions
(B)(1) and (2), as set forth in section
4301.355 of the Revised
Code, the sale of beer, wine and mixed beverages, or
intoxicating liquor, whichever was the subject of the
election,
shall be allowed at the particular location
and for the use specified in the question under each permit
applied for by the petitioner or at the address listed for the
liquor agency store subject only to Chapters 4301. and 4303. of
the Revised
Code. Failure to continue to
use the particular location for any proposed or stated use set
forth in the petition shall constitute good cause for the denial
of a renewal of the liquor permit under division
(A) of section 4303.271 of the
Revised
Code or cause for the
nonrenewal or cancellation of the liquor agency store contract
by the division of liquor control, except in the case where the
liquor permit holder or liquor agency store decides to cease the
sale of beer, wine and mixed beverages, or intoxicating
liquor, whichever was the subject of the election, on
Sundays. (B) If a majority of the
electors in a precinct vote "yes" on question
(B)(1) and "no" on question
(B)(2) as set forth in section
4301.355 of the Revised
Code, the sale of beer, wine and mixed beverages, or
intoxicating liquor, whichever was the subject of the
election, shall be allowed at the particular location
for the use specified in question
(B)(1) of section 4301.355 of the
Revised
Code and under each permit
applied for by the petitioner, except for a
D-6 permit, subject only to
Chapters 4301. and 4303. of the
Revised
Code. (C) If a majority of the
electors in a precinct vote "no" on question
(B)(1) as set forth in section
4301.355 of the Revised
Code, no sales of beer, wine and mixed beverages, or
intoxicating liquor, whichever was the subject of the
election, shall be allowed at the particular location
for the use specified in the petition during the period the
election is in effect as defined in section 4301.37 of the
Revised
Code. (D) If a majority of the
electors in a precinct vote only on question
(B)(2) as set forth in section
4301.355 of the Revised
Code, and that vote results in
a majority "yes" vote, sales of beer, wine and mixed
beverages, or intoxicating liquor, whichever was the
subject of the election,
shall be allowed at the particular location for the use
specified in the petition on
Sunday during the period the
election is in effect as defined in section 4301.37 of the
Revised
Code. (E) If a majority of the
electors in a precinct vote only on question
(B)(2) as set forth in section
4301.355 of the Revised
Code, and that vote results in
a majority "no" vote, no sales of beer, wine and mixed
beverages, or intoxicating liquor, whichever was the
subject of the election,
shall be allowed at the particular location for the use
specified in the petition on
Sunday during the period the
election is in effect as defined in section 4301.37 of the
Revised
Code. (F) In case of elections in
the same precinct or overlapping precincts for the question or
questions set forth in section 4301.355 of the
Revised
Code and for a question or
questions set forth in section 4301.35, 4301.351, 4301.353, 4301.354,
4303.29, or
4305.14 of the Revised
Code, the results of the
election held on the question or questions set forth in section
4301.355 of the Revised
Code shall apply to the
particular location notwithstanding the results of the election
held on the question or questions set forth in section 4301.35,
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the
Revised
Code. Sec. 4301.37. (A) When a local option election, other
than an election under section 4301.351, 4301.352, 4301.353,
4301.354, 4301.355, or 4301.356 of the Revised
Code, is held in any
precinct, except as provided in divisions
(G) and (H) of section 4301.39 of the Revised
Code, the result of the election shall
be effective in the precinct until another
election is called and held pursuant to sections 4301.32 to
4301.36 of the Revised Code, but no such election shall be held
in the precinct on the same question more than once in each four
years. (B) When a local option election under section 4301.351 of
the Revised Code is held in any precinct,
except as provided in divisions (G) and (H) of section
4301.39 of the Revised Code,
the result of the election shall be effective in the precinct until another
election is called and held
pursuant to sections 4301.32 to 4301.361 of the Revised Code,
but no such election shall be held under section 4301.351 of the Revised Code
in the precinct on the same question more than once in each four
years. (C) When a local option election is held in a precinct
under section 4301.352 of the Revised Code, and a majority of the
electors voting on the question vote "yes," no subsequent local
option election shall be held in the precinct upon the sale of
beer or intoxicating liquor by the class C or D permit holder at
the specified premises for a period of at least four calendar
years from the date of the most recent local option election, except
that this division shall
not be construed to prohibit the holding or
affect the results of a local option election under section
4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the
Revised Code. (D) When a local option election is held in a precinct
under section 4301.353 or 4301.354 of the Revised Code, except as provided
in divisions (G) and (H) of section 4301.39
of the Revised Code, the results of the
election shall be effective until another election is held under that section
on the same question, but no such election shall be held in a precinct under
that section on the same question for a period of
at
least four years from the date of the most recent election on
such that
question. This division
shall not be construed to
prohibit the future holding of, or affect the future results of, a local
option election held under section 4301.35, 4301.351, 4301.355,
4303.29, or 4305.14
of the Revised Code. (E) When a local option election is held in a precinct under
section 4301.355 of the Revised Code, the results of that
election shall be effective at the particular location designated in the
petition until another election is held pursuant to section 4301.355 of the
Revised Code, or until such time as an election is held
pursuant to section 4301.352 of the Revised Code, but no
election shall be held under section 4301.355 of the Revised Code regarding
the same use at that particular location for a period of at least four
calendar years from the date of the most recent election on such
that
question.
The results of a local option election held in a precinct under section
4301.355 of the Revised Code shall not prohibit the holding
of, and shall be affected by the results of, a local option
election held
under
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the
Revised Code. (F) When a local option election is held in a municipal
corporation or unincorporated area of a township
under section 4301.356 of the Revised Code,
the results of the election shall be effective at the community facility that
was the subject of the election until another such election is held regarding
that community facility, but no such election shall be held for a period of at
least four calendar years from the date of the election. The results
of a
local option election held in a municipal corporation or unincorporated area
of a township under section 4301.356 of the Revised Code shall not prohibit
the holding of, or
affect or be affected by the results of, a local option election held
under
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14
of the Revised Code. (G) If a community facility is located in an election precinct
in which a previous local option election in the precinct
resulted in approval of the sale of beer or intoxicating
liquor in the precinct, the community facility shall
sell beer or intoxicating liquor only to the extent permitted by the previous
local option election until an election is held pursuant to section 4301.356
of the Revised Code. (H) A community facility shall not be affected by a local option
election held on or after the effective date of this amendment
March 30, 1999, unless the
election is held under section 4301.356 of the Revised Code. Sec. 4301.40. (A) No local option election held pursuant to
sections 4301.32 to
4301.39 of the Revised Code shall affect or prohibit the following: (A)(1) The transportation, possession, or consumption of
intoxicating liquors
within the precinct in which such the election is
held, nor or
sales in such the precinct under B-3, E, or G
permits;
(B)(2) The sale of intoxicating liquors, at a permit premises
located at any
publicly owned airport, as defined in section 4563.01 of the Revised Code, at
which commercial airline companies operate regularly scheduled flights on
which space is available to the public, provided the permit holder operates
pursuant to the authority of a liquor permit issued pursuant to Chapter 4303.
of the Revised Code.
(B)(1) As used in this division: (a) "Ohio historical society area" means the
Ohio Historical
Center and Ohio village, both located contiguous to the State
fairgrounds. (b) "State fairgrounds" means the property that is held by
the
state for the purpose of conducting fairs, expositions, and exhibits and all
other contiguous property that is
owned, maintained, or managed by the ohio expositions commission
under section 991.03 of the Revised Code. (2) No local option election held under sections 4301.32 to 4301.41 and
4305.14
of the Revised Code, or held under the provisions for local
option elections and the election on the question of the repeal of
Section 9 of Article XV, Ohio
Constitution, in section 4303.29 of the Revised
Code, whether held before, on, or after the
effective date of this amendment, prohibits or otherwise affects the sale of
beer
or intoxicating liquor in or at the Ohio historical society area
or the state fairgrounds under a permit issued under chapter 4303.
of the Revised Code. Sec. 4301.62. (A) As used in this section: (1) "Chauffeured limousine" means a vehicle
registered under section 4503.24 of the Revised Code. (2) "Street," "highway," and "motor
vehicle" have the same meanings as in
section 4511.01 of the Revised Code. (B) No person shall have in the person's possession an
opened container of beer or intoxicating liquor in any of the following
circumstances: (1) In a state liquor store; (2) Except as provided in division (C) of this section,
on the premises of the holder of any permit issued by
the division of liquor control; (3) In any other public place; (4) Except as provided in division (D) of this section, while operating or
being a passenger in or on a motor
vehicle on any street, highway, or other public or private
property open to the public for purposes of vehicular travel or
parking; (5) Except as provided in division (D) of this section, while being in or on
a stationary motor vehicle on any street, highway, or other public or private
property open to the public for purposes of vehicular travel or parking. (C)(1) A person may have in the
person's possession an opened container of any of the
following: (a) Beer or intoxicating liquor
that has been lawfully purchased for consumption on the
premises where bought from the holder of an A-1-A, A-2, D-1, D-2,
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j, D-7, D-8, E, F, or F-2 permit; (b) Beer, wine, or mixed beverages served for consumption on the
premises by the holder of an F-3 permit; (c) Beer or intoxicating
liquor consumed on the premises of a convention
facility as provided in section 4303.201 of the Revised Code. (2) A person may have in the person's possession on an
F liquor permit premises an
opened container of beer or intoxicating liquor that was not
purchased from the holder of the
F permit if the premises for which the F permit is issued is
a music festival and the holder of the F permit grants permission for
that possession on the premises during the period
for which the F permit is
issued. As used in this division, "music festival" means a
series of outdoor live musical performances, extending for a
period of at least three consecutive days and located on an
area of land of at least forty acres. (D) This section does not apply to a person who pays all or a
portion of the fee imposed for the use of a
chauffeured limousine pursuant to a prearranged contract, or the guest of
the person, when all of the following apply: (1) The person or guest is a passenger in the limousine. (2) The person or guest is located in the limousine, but is not occupying a
seat in the front compartment of the limousine where the operator of the
limousine is located. (3) The limousine is located on any street, highway, or
other public or private property open to the public for purposes of vehicular
travel or parking. Sec. 4303.181. (A) Permit D-5a
may be issued either to the owner or operator of a hotel or motel that
is
required to be licensed under section 3731.03 of the Revised Code
containing, that contains at least fifty rooms for
registered transient
guests,
and which that qualifies under the other requirements of this
section,
or to the owner or operator of a restaurant specified under this
section, to sell beer and any intoxicating liquor at retail, only
by the individual drink in glass and from the container, for
consumption on the premises where sold, and to registered guests
in their rooms, which may be sold by means of a controlled access
alcohol and beverage cabinet in accordance with division (B) of
section 4301.21 of the Revised Code; and to sell the same
products in the same manner and amounts not for consumption on
the premises as may be sold by holders of D-1 and D-2 permits.
The premises of the hotel or motel shall include a restaurant that is
licensed pursuant to section 3717.43 of the Revised Code, that
is
affiliated with the hotel or motel and within or contiguous to
the hotel or motel, serving and that serves food within the
hotel or motel, but
the principal business of the owner or operator of the hotel or
motel shall be the accommodation of transient guests. In
addition to the privileges authorized in this division,
the holder of a
D-5a permit may exercise the same privileges as the holder of a
D-5 permit. The owner or operator of a hotel, motel, or restaurant who qualified for and
held a D-5a permit on
August 4, 1976, may, if the owner or operator held another
permit before holding a D-5a permit, either retain a D-5a permit or apply for
the permit formerly held, and the division of liquor
control shall issue the permit for which the owner or operator
applies and formerly held, notwithstanding any quota. A D-5a permit shall not be
transferred to another location. No quota restriction shall be
placed on the number of such permits which that may be issued. The fee for this permit is one
thousand eight hundred seventy-five dollars. (B) Permit D-5b may be issued to
the owner, operator, tenant, lessee, or occupant of an enclosed
shopping center to sell beer and intoxicating liquor at retail,
only by the individual drink in glass and from the container, for
consumption on the premises where sold; and to sell the same
products in the same manner and amount not for consumption on the
premises as may be sold by holders of D-1 and D-2 permits. In
addition to the privileges authorized in this division,
the holder
of a D-5b permit may exercise the same privileges as a holder of
a D-5 permit. A D-5b permit shall not be
transferred to another location. One D-5b permit may be issued at
an enclosed shopping center containing at least two hundred
twenty-five thousand, but less than four hundred thousand, square
feet of floor area. Two D-5b permits may be issued at
an enclosed shopping center containing at least four hundred
thousand square feet of floor area. No more than one D-5b permit
may be issued at an enclosed shopping center for each additional
two hundred thousand square feet of floor area or fraction
thereof of that floor area, up to a maximum of five D-5b permits
for each enclosed
shopping center. The number of D-5b permits that may be issued
at an enclosed shopping center shall be determined by subtracting
the number of D-3 and D-5 permits issued in the enclosed shopping
center from the number of D-5b permits that otherwise may be
issued at the enclosed shopping center under the formulas
provided in this division. Except as provided in this section,
no quota shall be placed on the number of D-5b permits that may
be issued. Notwithstanding any quota provided in this section,
the holder of any D-5b permit first issued in accordance with
this section is entitled to its renewal in accordance with
section 4303.271 of the Revised Code. The holder of a D-5b permit
issued before April 4, 1984, whose tenancy is terminated for a
cause other than nonpayment of rent, may return the D-5b
permit
to the division of liquor control, and the
division shall
cancel that permit. Upon cancellation of that permit and upon
the permit holder's payment of taxes, contributions, premiums,
assessments, and other debts owing or accrued upon the date of
cancellation to this state and its political subdivisions and a
filing with the division of a
certification
thereof of that payment, the division shall issue to that person
either a D-5
permit, or a D-1, a D-2, and a D-3 permit, as that person
requests. The division shall issue the D-5 permit,
or the D-1,
D-2, and D-3 permits, even if the number of D-1, D-2, D-3, or D-5
permits currently issued in the municipal corporation or in the
unincorporated area of the township where that person's proposed
premises is located equals or exceeds the maximum number of such
permits that can be issued in that municipal corporation or in
the unincorporated area of that township under the population
quota restrictions contained in section 4303.29 of the Revised
Code. Any such D-1, D-2, D-3, or D-5 permit so issued shall not
be transferred to another location. If a D-5b permit is canceled
under the provisions of this paragraph, the number of D-5b
permits that may be issued at the enclosed shopping center for
which the D-5b permit was issued, under the formula provided in
this division, shall be reduced by one if the enclosed shopping
center was entitled to more than one D-5b permit under the
formula. The fee for this permit is one
thousand eight hundred seventy-five dollars. (C) Permit D-5c may be issued
either to the owner or operator of a restaurant that is licensed
pursuant
to section 3717.43 of the Revised Code, and which that
qualifies under
the other requirements of this section to sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and to sell the same products in the same manner and
amounts not for consumption on the premises as may be sold by
holders of D-1 and D-2 permits. In addition to the privileges
authorized in this division, the holder of a D-5c permit
may exercise the
same privileges as the holder of a D-5 permit. To qualify for a D-5c permit, the
owner or operator of a restaurant that is licensed pursuant to section
3717.43 of the Revised Code shall have operated the
restaurant at
the proposed premises for not less than twenty-four consecutive
months immediately preceding the filing of an the application
for the permit, have applied for a D-5 permit no later
than
December 31, 1988, and appear on the division's quota waiting list for not
less
than six months
immediately preceding the filing of an the application for the
permit. In
addition to these requirements, the proposed D-5c permit premises
shall be located within a municipal corporation and further
within
an election precinct which that, at the time of the
applications application, has
no more than twenty-five per cent of its total land area zoned
for residential use. A D-5c permit shall not be
transferred to another location. No quota restriction shall be
placed on the number of such permits which that may be issued. Any person who has held a D-5c
permit for at least two years may apply for a D-5 permit, and the
division of liquor control shall issue the D-5 permit
notwithstanding the quota restrictions contained in section
4303.29 of the Revised Code or in any rule of the liquor control
commission. The fee for this permit is one
thousand two hundred fifty dollars. (D) Permit D-5d may be issued to
either the owner or operator of a restaurant that is licensed
pursuant to section 3717.43 of the Revised Code and located at an
airport operated by a board of county commissioners pursuant to
section 307.20 of the Revised Code or at an airport operated by a
regional airport authority pursuant to Chapter 308. of the
Revised Code. Not more than one D-5d permit shall be issued in
each county. The holder of a D-5d permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and may sell the same products in the same manner and
amounts not for consumption on the premises where sold as may be
sold by the holders of D-1 and D-2 permits. In addition to the
privileges authorized in this division, the holder of a D-5d
permit may exercise the same privileges as the holder of a D-5
permit. A D-5d permit shall not be
transferred to another location. Except as otherwise provided in
this division, no quota restrictions shall be placed on the
number of such permits which that may be issued. The fee for this permit is one
thousand eight hundred seventy-five dollars. (E) Permit D-5e may be issued to
any nonprofit organization that is exempt from federal income
taxation under the "Internal Revenue Code of 1986,"
100 Stat.
2085, 26 U.S.C.A. 501(c)(3), as amended, or that is a charitable
organization under any chapter of the Revised Code, and that owns
or operates a riverboat which that meets all of the following: (1) Is permanently docked at one
location; (2) Is designated as an
historical riverboat by the Ohio historical society; (3) Contains not less than
fifteen hundred square feet of floor area; (4) Has a seating capacity of
fifty or more persons. The holder of a D-5e permit may
sell beer and intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold. A D-5e permit shall not be
transferred to another location. No quota restriction shall be
placed on the number of such permits which that may be issued.
The
population quota restrictions contained in section 4303.29 of the
Revised Code or in any rule of the liquor control commission
shall not apply to this division, and the division
shall issue a
D-5e permit to any applicant who meets the requirements of this
division. However, the division shall not issue a
D-5e permit
if the permit premises or proposed permit premises are located
within an area in which the sale of spirituous liquor by the
glass is prohibited. The fee for this permit is nine
hundred seventy-five dollars. (F) Permit D-5f may be issued to
either the owner or the operator of a food service operation that is
licensed under section 3717.43 of the Revised Code and that meets all
of the following: (1) Contains It contains not less than
twenty-five hundred square feet of floor area;. (2) Is It is located on or in, or
immediately adjacent to, the shoreline of, a navigable river;. (3) Provides It provides docking space for
twenty-five boats;. (4) Provides It provides entertainment and
recreation, provided that not less than fifty per cent of the
business on the permit premises shall be preparing and serving
meals for a consideration. In addition, each application for
a D-5f permit shall be accompanied by a certification from the
local legislative authority that the issuance of the D-5f permit
is not inconsistent with that political subdivision's
comprehensive development plan or other economic development goal
as officially established by the local legislative authority. The holder of a D-5f permit may
sell beer and intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold. A D-5f permit shall not be
transferred to another location. No more than fifteen D-5f
permits shall be issued by the division of liquor
control, and
no more than two such permits shall be issued in any county.
However, the division shall not issue a D-5f permit
if the
permit premises or proposed permit premises are located within an
area in which the sale of spirituous liquor by the glass is
prohibited. A fee for this permit is one
thousand eight hundred seventy-five dollars. As used in this division,
"navigable river" means a river which
that is also a "navigable water"
as defined in the "Federal Power Act," 94 Stat.
770
(1980), 16 U.S.C. 796. (G) Permit D-5g may be issued to
a nonprofit corporation that is either the owner or the operator
of a national professional sports museum. The holder of a D-5g
permit may sell beer and any intoxicating liquor at retail, only
by the individual drink in glass and from the container, for
consumption on the premises where sold. The holder of a D-5g
permit shall sell no beer or intoxicating liquor for consumption
on the premises where sold after one a.m. A D-5g permit shall
not be transferred to another location. No quota restrictions
shall be placed on the number of D-5g permits that may be issued. The fee for
this permit is one thousand five hundred dollars. (H) Permit D-5h may be issued to any nonprofit
organization that is exempt from federal income taxation under
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
501(c)(3), as amended, that owns or operates a fine arts museum
and has no less than five thousand bona fide members possessing
full membership privileges. The holder of a D-5h permit may sell
beer and any intoxicating liquor at retail, only by the
individual drink in glass and from the container, for consumption
on the premises where sold. The holder of a D-5h permit shall
sell no beer or intoxicating liquor for consumption on the
premises where sold after one a.m. A D-5h permit shall not be
transferred to another location. No quota restrictions shall be
placed on the number of D-5h permits that may be issued. The fee
for this permit is one thousand five hundred dollars. (I) Permit D-5i may be issued to either the owner or the
operator of a food service operation that is licensed under section
3717.43 of the Revised Code and that meets all of the following
requirements: (1) It is located in a municipal corporation or a township
with a population of fifty thousand or less. (2) It has inside seating capacity for at least one
hundred forty persons. (3) It has at least five four thousand square feet of floor
area. (4) It offers full-course meals, appetizers, and
sandwiches. (5) Its receipts from beer and liquor sales do not exceed
twenty-five per cent of its total gross receipts. (6) The value of its real and personal property exceeds
nine seven hundred twenty-five thousand
dollars. The holder of a D-5i permit shall cause an independent
audit to be performed at the end of one full year of operation
following issuance of the permit in order to verify the
requirements of division (I)(5) of this section. The results of
the independent audit shall be transmitted to the
division. Upon determining that the receipts of the holder from beer
and liquor sales exceeded twenty-five per cent of its total gross
receipts, the division shall suspend the permit of
the permit
holder under section 4301.25 of the Revised Code and may allow
the permit holder to elect a forfeiture under section 4301.252 of
the Revised Code. The holder of a D-5i permit may sell beer and any
intoxicating liquor at retail, only by the individual drink in
glass and from the container, for consumption on the premises
where sold, and may sell the same products in the same manner and
amounts not for consumption on the premises where sold as may be
sold by the holders of D-1 and D-2 permits. The holder of a D-5i
permit shall sell no beer or intoxicating liquor for consumption
on the premises where sold after two-thirty a.m. In addition to the
privileges authorized in this division, the holder
of a D-5i permit may exercise the same privileges as the holder
of a D-5 permit. A D-5i permit shall not be transferred to another location.
The division of liquor control shall not renew a D-5i
permit
unless the food service operation for which it is issued
continues to meet the requirements described in divisions (I)(1)
to (6) of this section. No quota restrictions shall be placed on
the number of D-5i permits that may be issued. The fee for this
permit is one thousand eight hundred seventy-five dollars. (J)(1) Permit D-5j may be issued to either the owner or the operator of a
food service operation that is licensed under section 3732.03
3717.43
of the
Revised Code to sell beer and intoxicating liquor
at retail, only by the individual drink in glass and from the container, for
consumption on the premises where sold
and to sell beer and intoxicating liquor in the same manner and amounts not
for consumption on the premises where
sold as may be sold by the holders of D-1 and D-2 permits.
The holder of a D-5j permit may exercise the same
privileges, and
shall observe the same hours of operation, as the holder of a D-5
permit. (2) The D-5j permit shall be issued only within a community
entertainment district that is designated under section 4301.80 of the
Revised Code and that is located in a
municipal corporation with a population of at least one hundred
thousand. (3) The location of a D-5j permit may be
transferred only within
the geographic boundaries of the community entertainment district in which it
was issued and shall not be transferred outside the geographic
boundaries of that district. (4) Not more than one D-5j permit shall be issued within each
community entertainment district for each five acres of land located
within the district. Not more than fifteen D-5j
permits
may be issued within a single community entertainment district. Except
as otherwise provided in division (J)(4) of this section,
no quota restrictions shall be placed upon the number of
D-5j permits that may be issued. (5) The fee for a D-5j permit is one thousand
eight hundred seventy-five dollars. Sec. 4303.182. (A) Except as
otherwise provided in divisions (B), (C), and
(D) to (F) of this section, permit D-6 shall be issued to
the holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5,
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-7
permit to allow sale under such that permit between the hours of
ten a.mand midnight, or between the hours of
one
p.m. and midnight, on Sunday, as applicable, if that sale
has
been
authorized
under section 4301.361 or, 4301.364, 4301.365,
or 4301.366 of the Revised Code and
under the restrictions of that authorization. (B) Permit D-6 shall be issued
to the holder of any permit, including a D-4a and D-5d permit,
authorizing the sale of intoxicating liquor issued for a premises
located at any publicly owned airport, as defined in section
4563.01 of the Revised Code, at which commercial airline
companies operate regularly scheduled flights on which space is
available to the public, to allow sale under such permit between
the hours of one p.m. ten a.mand midnight on
Sunday,
whether or not
that sale has been authorized under section 4301.361 or
4301.364, 4301.365, or, 4301.366 of the
Revised
Code. (C) Permit D-6 shall be issued to the holder of a D-5a
permit,
and to the holder of a D-3 or D-3a permit who is the owner or
operator of a hotel or motel that is required to be licensed under
section 3731.03 of the Revised Code, that
contains at least fifty
rooms for registered transient guests, and that has on its
premises a restaurant licensed pursuant to section 3717.43 of the
Revised Code affiliated with the hotel or motel and within or
contiguous to the hotel or motel and serving food within the
hotel or motel, to allow sale under such permit between the hours
of one p.m. ten a.mand midnight on Sunday,
whether or
not that
sale has been authorized under section 4301.361 or,
4301.364, 4301.365, or 4301.366 of
the Revised Code. (D) The holder of a D-6 permit
that is issued to a
sports facility may make sales under the permit between the hours
of eleven a.m. and midnight on any Sunday on
which a professional baseball, basketball, football, hockey, or soccer game is
being played at the sports facility. As used in this
division, "sports facility" means a stadium or arena that has a seating
capacity of at least four
thousand and that is owned or leased by a professional baseball, basketball,
football, hockey, or
soccer franchise or any combination of those franchises. (E) Permit D-6 shall be issued to the holder of any
permit that authorizes the sale of beer or intoxicating liquor and that is
issued to a premises located in or at the Ohio historical society
area or
the state fairgrounds, as defined in division (B)
of section 4301.40 of the Revised Code, to allow sale under that permit between the hours of
ten a.mand midnight on Sunday, whether or
not that sale has been authorized under section 4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised Code. (F)
permit d-6 shall be issued to
the holder of any permit that authorizes the sale of intoxicating liquor and
that is issued to an outdoor performing arts center to allow sale under that
permit between the hours of one p.m. and midnight on
Sunday,
whether or not that sale has been authorized under section 4301.361 of
the Revised Code. a d-6 permit issued under this
division
is subject to the results of an election, held after the d-6
permit is issued, on question (b)(4) as set FORTH in section
4301.351 of the Revised Code.
following the end of the period during which an election may be
held on question (b)(4) as set forth in that section, sales of
intoxicating liquor may continue at an outdoor performing arts center
under a d-6 permit issued under this division, unless
an election on that question is held during the permitted period and a
majority of the
voters voting in the precinct on that question vote "no." as used in this division, "outdoor performing arts center" means
an outdoor performing arts center that is located on not less than eight
hundred acres of land and that is open for performances from the
first day of april to the last day of october of each
year. (G) If the restriction to licensed
premises where the sale of food and other goods and services
exceeds fifty per cent of the total gross receipts of the permit
holder at the premises is applicable, the division of liquor
control may accept an affidavit from the permit holder to show
the proportion of the permit holder's gross receipts derived from the sale of
food and other goods and services. If the liquor control
commission determines that affidavit to have been false, it
shall revoke the permits of the permit holder at the premises
concerned. (F)(H) The fee for the D-6 permit is two
hundred fifty dollars when it is issued to the holder of an
A-1-A, A-2, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c,
D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-7 permit. The fee for
the D-6 permit is two hundred dollars when it is issued to the
holder of a C-2 permit.
Sec. 4303.184. (A) Permit D-8 may be issued to the
holder of a C-1, C-2, or C-2x
permit issued to a retail store that has either of the following
characteristics: (1) The store has at least five thousand five hundred square feet of floor
area, and it generates more than sixty per cent of its sales in general
merchandise items and food for consumption off the premises where sold. (2) Wine constitutes at least sixty per cent of the value of the store's
inventory. (B) The holder of a D-8 permit may sell tasting samples
of beer, wine, and mixed beverages, but not spirituous liquor, at retail, for
consumption on the premises where sold in an amount not to exceed two ounces
or another amount designated by rule of the liquor control commission. A
tasting sample shall not be sold for general consumption. No D-8
permit holder shall allow any authorized purchaser to consume more than four
tasting samples of beer, wine, or mixed beverages, or any combination of beer,
wine, or mixed beverages, per day. (C) The privileges authorized under a D-8 permit may
only be exercised in conjunction with and during the hours of operation
authorized by a C-1, C-2, C-2x, or
D-6 permit. (D) A D-8 permit shall not be transferred to another
location. (E) The fee for the D-8 permit is two
hundred fifty dollars. (F) The holder of a D-8 permit shall cause an
independent audit to be performed at the end of the first full year of
operation following issuance of the permit, and at the end of each second year
thereafter, in order to verify that the permit
holder satisfies the applicable requirement of division (A)(1) or (2)
of this section. The permit holder shall transmit the results of the
independent audit to the division of liquor control. If the results of the
audit
indicate noncompliance with division (A) of this section, the
division shall not renew the D-8 permit of the permit holder. SECTION 2 . That existing sections 1333.82, 4301.01, 4301.241, 4301.28,
4301.333, 4301.351,
4301.354, 4301.355, 4301.361, 4301.364, 4301.365, 4301.37,
4301.40, 4301.62, 4303.181, and 4303.182
of the Revised Code are hereby repealed.
SECTION 3 . Section 4303.181 of the Revised Code is presented in
this act as a
composite of the section as amended by both Sub. H.B. 223 and Am. Sub.
H.B.
283 of the 123rd General Assembly, with the new language of neither of the
acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version
in effect prior to the effective date of this act.
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