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:

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.