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As Reported by the Senate Agriculture Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 262 |
SENATOR GARDNER
A BILL
To amend sections 4301.17, 4301.333, 4301.351, 4301.354, 4301.355,
4301.361, 4301.364, 4301.365, 4301.37, 4301.40, 4301.402, 4301.62, 4303.181,
4303.182, 4303.30, 4303.35,
and 4399.12, 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 agency stores to sell spirituous
liquor in 50 milliliter containers under certain conditions, 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 publicly owned golf courses and at premises located
at the Ohio Historical Society or the state fairgrounds from the effects of
local option elections, to allow Sunday liquor sales at publicly owned golf
courses and at premises located at the Ohio Historical Society or the state
fairgrounds whether or not such sales have been approved at local option
elections,
and to make
changes in the law governing local option elections on beer and
liquor sales at a specific premises.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.17, 4301.333, 4301.351, 4301.354,
4301.355, 4301.361, 4301.364, 4301.365, 4301.37, 4301.40, 4301.402, 4301.62,
4303.181,
4303.182, 4303.30, 4303.35, and 4399.12 be amended and
section 4303.184 of the Revised Code be enacted to read as follows:
Sec. 4301.17. (A)(1) Subject to local option as provided in
sections 4301.32 to 4301.40 of the Revised Code, five state
liquor stores or agencies may be established in each county. One
additional store may be established in any county for each thirty
thousand of population of such THAT county or major fraction
thereof
in excess of the first forty thousand, according to the last
preceding federal census. A person engaged in a mercantile
business may act as the agent for the division of
liquor
control for the sale of spirituous liquor in a municipal
corporation, in the unincorporated area
of a township of not less than two thousand population, or in
an area designated and approved as a resort area under section
4303.262 of the Revised Code, provided that not more than one
agency contract shall be awarded in the unincorporated area of a
county for each fifty thousand population of the county. The
division shall
fix compensation for such AN agent in such THE
manner as it deems CONSIDERS best, but such
THAT compensation shall not exceed
seven per cent of the gross sales made by such THE agent in any
one
year.
(2) Except as otherwise provided in this section, no mercantile
business
that sells beer or intoxicating
liquor for consumption on the premises under a permit issued by
the division shall operate an agency store at such THAT premises
or at any adjacent premises. An agency to which a D-1 permit has been
issued may offer for sale tasting samples of beer, an agency
to which a
D-2 permit has been issued may offer for sale tasting samples of wine
and mixed beverages, and an agency to which a D-5 permit
has been issued may offer for sale tasting samples of beer, wine, and mixed
beverages, but not spirituous liquor. A tasting sample shall not be sold
for the purpose of
general consumption. As used in this section, "tasting sample" means a small
amount of beer, wine, or mixed beverages that is provided in not more than
four servings of not more than two ounces each to an authorized purchaser and
that allows the purchaser to determine, by tasting only, the quality and
character of the beverage.
(3) A STATE LIQUOR STORE OR AN AGENCY STORE MAY SELL SPIRITUOUS
LIQUOR IN FIFTY MILLILITER CONTAINERS, BUT ONLY IF THE CONTAINERS ARE IN
SLEEVES, ARE NOT SOLD INDIVIDUALLY, ARE SOLD AT RETAIL ONLY, AND ARE ONLY SOLD
FROM BEHIND A COUNTER.
(B)(1) When an agency contract is proposed or when an existing
agency is assigned, before entering into any such contract or
consenting to any assignment, the division shall notify the
legislative authority of the municipal corporation, or the
board of county commissioners and the board of township trustees
of the county and the township in which the agency store is to be
located if the agency store is to be located outside the
corporate limits of a municipal corporation, of the proposed
contract, and an opportunity shall be provided officials or
employees of the municipal corporation or county and township for
a complete hearing upon the advisability of entering into the
agency contract. When the division sends notice to the
legislative authority of the political subdivision, the
department DIVISION shall notify, by certified mail or by
personal
service, the chief peace officer of the political subdivision,
who may appear and testify, either in person or through a
representative, at any hearing held on the advisability of
entering into the agency contract.
On or after July 21, 1986, if (2) IF
the proposed agency store would be located within five hundred
feet of a school, church, library, public playground, or township
park, the division shall not enter into an agency contract
until it has provided notice of the proposed contract to the
authorities in control of the school, church, library, public
playground, or township park and has provided such THOSE
officials with an opportunity for a complete hearing upon the advisability of
entering into the contract. If an agency store so located is
operating under an agency contract,
the division may consent to the assignment of that
contract to operate an agency store at the same location,
provided that the division shall not consent to an assignment
until it has notified the authorities in control of the school,
church, library, public playground, or township park and has
provided such THOSE officials with an opportunity for a complete
hearing upon the advisability of consenting to the assignment.
(3) Any hearing
provided for in this division (B)(1)OR (2) OF THIS SECTION
shall be held in the
central office of the division,
except that upon
written
request of the legislative authority of the municipal
corporation, the board of county commissioners, or THE board of
township trustees, the hearing shall be held in the county seat
of the county where the proposed agency store is to be located.
(C)(1) All agency contracts entered into by the division
pursuant to this section shall be in writing and shall contain a
clause providing for the termination of the contract at will by
the division upon its giving ninety days' notice in writing to
such THE agent of its intention to do so. Any agency contract
may
include a clause requiring the agent to report to the appropriate
law enforcement agency the name and address of any individual
under twenty-one years of age who attempts to make an illegal
purchase.
(2) An agent may engage in the selling of beer, mixed
beverages, and wine pursuant to permits issued to the agent under
Chapter 4303. of the Revised Code.
(3) The division shall issue a C-1 and C-2 permit to each
agent who prior to
November 1, 1994, had not been issued both of these permits,
notwithstanding the population quota restrictions contained in section 4303.29
of the Revised Code or in any rule of the liquor control commission and
notwithstanding the requirements of section 4303.31 of the Revised Code. The
location of a C-1 or C-2 permit issued to such an agent shall not be
transferred. The division shall revoke any C-1 or C-2 PERMIT issued to
an agent
under DIVISION (C)(3) OF this paragraph SECTION
if the agent no longer operates an agency store.
(4) No person shall operate, or
have any interest, directly or indirectly, in more than four state
agencies in any one county or more than eight state agencies in
the state for the sale of spirituous liquor. For purposes of
this section, a person has an interest in a state agency if the
person is a partner, member, officer, or director of, or a
shareholder owning ten per cent or more of the capital stock of,
any legal entity with which the department DIVISION has entered
into an
agency contract.
(5) The division may enter into agreements with the department
of development to
implement a minority loan program to provide low-interest loans to minority
business enterprises, as defined in section 122.71 of the Revised Code, that
are awarded liquor agency contracts or assignments.
(D)(1) If the division closes a state liquor store and replaces that
store with
an agency store, any employees of the division employed at that state liquor
store who lose their jobs at that store as a result shall be given
preference by the agent who
operates the agency store in filling any vacancies that occur
among the agent's employees, if such THE preference does not
conflict
with the agent's obligations pursuant to a collective bargaining
agreement.
(2) If the division closes a state liquor store and replaces the
store with an
agency store, any employees of the division employed at the state liquor store
who lose their jobs at that store as a result may displace other
employees as provided in sections 124.321 to 124.328 of the Revised Code. If
an employee cannot displace other employees and is laid off, the employee
shall be reinstated in another job as provided in sections 124.321 to 124.328
of the Revised Code, except that the employee's rights of reinstatement in a
job at a state liquor store shall continue for a period of two years after the
date of the employee's layoff and shall apply to jobs at state liquor stores
located in the employee's layoff jurisdiction and any layoff jurisdiction
adjacent to the employee's layoff jurisdiction.
(E) The division shall require every such agent to
give bond with surety to the satisfaction of the division, in such
THE amount as
the division fixes, conditioned for the faithful performance of the agent's
duties as prescribed by the division.
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,
as
designated in a valid petition, 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?"
(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.m. AND 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.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?"
(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.m. AND 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.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?"
(2) "SHALL THE SALE OF INTOXICATING LIQUOR
BE PERMITTED IN A PORTION OF THIS PRECINCT BETWEEN THE HOURS OF TEN
a.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?"
(3) "SHALL THE SALE OF WINE AND MIXED BEVERAGES BE PERMITTED IN A PORTION
OT THIS PRECINCT BETWEEN THE HOURS OF TEN
a.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?"
(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,
D-7, OR D-8 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 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 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.
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, 4501.353, 4501.354,
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, 4501.354, 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
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
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 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.
(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 election is
held, nor
sales in such 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 4301.39
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. 4301.402. Sections 4301.32 to 4301.391, 4301.41, and
4305.14 of the
Revised Code and 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, do not affect or prohibit
the sale of beer
or intoxicating liquor at a GOLF COURSE OR AT A hotel, motel, or lodge
required to be
licensed
under section 3731.03 of the Revised Code that contains at least
fifty rooms
for registered transient guests and IF THE GOLF COURSE, HOTEL,
MOTEL, OR LODGE is owned by the state or a political
subdivision or, conservancy district, OR PARK
DISTRICT of the state, provided that AND the permit
holder for the GOLF COURSE, hotel, motel, or lodge operates
pursuant to the authority of
the liquor permit issued pursuant to 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) A person may have in the
person's possession an opened container of beer or intoxicating liquor
that has been lawfully purchased for consumption on the
premises where bought of a holder of an A-1-A, A-2, C-1,
C-2, C-2x, 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, or beer or
intoxicating
liquor consumed on the premises of a convention
facility as provided in section 4303.201 of the Revised Code.
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
such 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) TO (E) 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, OR D-8
permit to allow sale under such THAT permit between the hours of
TEN a.m. AND MIDNIGHT, OR BETWEEN THE HOURS OF
one
p.m. and midnight, on Sunday, AS APPLICABLE, if
such THAT sale has been authorized
under section 4301.361 OR 4301.364 of the Revised Code and
under the
restrictions of such THAT authorization. Permit
(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.m. and midnight on Sunday,
whether or not such
sale has been authorized under section 4301.361 OR 4301.364 of
the Revised
Code. Permit
(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 containing, THAT
CONTAINS at least fifty
rooms for registered transient guests, and which 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.m. and midnight on Sunday, whether or
not such THAT sale has
been authorized under section 4301.361 OR 4301.364 of the
Revised Code.
(D)
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 GOLF COURSE OWNED BY THE STATE OR
A
POLITICAL SUBDIVISION TO ALLOW SALE UNDER THAT PERMIT BETWEEN THE HOURS OF
TEN a.m. AND MIDNIGHT ON SUNDAY WHETHER OR
NOT THAT SALE HAS BEEN AUTHORIZED UNDER SECTION 4303.361 OR 4303.364 of the Revised Code.
(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 THE OHIO HISTORICAL SOCIETY AREA OR
AT THE STATE FAIRGROUNDS, AS THOSE TERMS ARE DEFINED IN DIVISION (B)
OF SECTION 4301.40 of the Revised Code, TO ALLOW SALE UNDER THAT PERMIT BETWEEN THE HOURS OF
TEN a.m.AND MIDNIGHT ON SUNDAY WHETHER OR
NOT THAT SALE HAS BEEN AUTHORIZED UNDER SECTION 4303.361 OR 4303.364 of the Revised Code.
(F) 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 such THAT affidavit to have been false, it
shall
revoke the permits of the permit holder at the premises
concerned.
(G) 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, OR
D-8 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 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 LIQUOR CONTROL DIVISION. IF THE RESULTS OF THE AUDIT
INDICATE NONCOMPLIANCE WITH DIVISION (A) OF THIS SECTION, THE
DIVISION SHALL SUSPEND THE D-8 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.
Sec. 4303.30. The rights granted
by any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j, or D-6, OR D-8 permit
shall be exercised at not
more
than two fixed counters, commonly known as bars, in rooms or
places on the permit premises, where malt beverages, mixed
beverages, wine, or spirituous liquor is sold to the public for
consumption on the premises. For each additional fixed counter
on the permit premises where those beverages are sold for
consumption on the premises, the permit holder shall obtain a
duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j, or D-6, OR D-8 permit.
The holder of any D-2, D-3, D-3a,
D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,
or D-6, OR D-8
permit shall be granted, upon application to the division of
liquor control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a,
D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or D-6, OR
D-8 permit for each
additional fixed counter on the permit premises at which beer,
malt beverages, mixed beverages, wine, or spirituous liquor is
sold for consumption on the premises, provided the
application
is made in the same manner as an application for an original
permit. The application shall be identified with
DUPLICATE
printed on the permit application form furnished by the
department, in boldface type. The application shall
identify by
name, or otherwise amply describe, the room or place on the
premises where the duplicate permit is to be operative.
Each
duplicate permit shall be issued only to the same individual,
firm, or corporation as that of the original permit and shall be
an exact duplicate in size and word content as the original
permit, except that it shall show on it the name or
other ample
identification of the room, or place, for which it is issued and shall
have DUPLICATE printed on it in boldface type.
A
duplicate permit shall bear the same number as the
original permit. The fee for a duplicate permit is: D-1,
one
hundred dollars; D-2, one hundred dollars; D-3, four hundred
dollars; D-3a, four hundred dollars; D-4, two hundred dollars;
D-5, one thousand dollars; D-5a, one thousand dollars; D-5b, one
thousand dollars; D-5c, four hundred dollars; D-5e, six hundred
fifty dollars; D-5f, one thousand dollars; D-6, one hundred
dollars when issued to the holder of a D-4a permit; and in all
other cases one hundred dollars or an amount which THAT is
twenty per
cent of the fees payable for the A-1-A, D-2, D-3, D-3a, D-4, D-5,
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, and D-6,
AND D-8 permits issued
to the same premises, whichever is higher. Application for a
duplicate permit may be filed any time during the life of an
original permit. The fee for each duplicate D-2, D-3, D-3a, D-4,
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, or
D-6, OR D-8
permit shall accompany the application for each such duplicate
permit.
Sec. 4303.35. No holders of A-1-A, C-1, C-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-8, or F permits shall purchase any beer or malt
beverage
subject to the tax imposed by sections 4301.42 and 4305.01 of the
Revised Code or any wine or mixed beverage subject to the tax
imposed by section 4301.43 of the Revised Code for resale, except
from holders of A or B permits.
No holders of A-1-A, 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 permits shall purchase
spirituous liquor for resale except from the division of liquor
control, unless with the special consent of the division under
particular regulations and markup provisions prescribed
by the superintendent of liquor control.
Sec. 4399.12. No provision contained in Title XLIII of the Revised Code that
prohibits the sale of intoxicating liquors in any of the circumstances
described in section 4399.11 of the Revised Code extends to or prevents the
holder of an A, B, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a,
D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-8, G, or I permit issued
by
the division of
liquor control from distributing or selling intoxicating liquor at the
place of business described in the permit of the holder.
Section 2. That existing sections 4301.17, 4301.333, 4301.351,
4301.354, 4301.355, 4301.361, 4301.364, 4301.365, 4301.37,
4301.40, 4301.402, 4301.62, 4303.181, 4303.182, 4303.30, 4303.35, and
4399.12 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. Section 4303.182 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 are the resulting versions in
effect prior to the effective date of this act.
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