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H. B. No. 330As IntroducedAs Introduced
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVE Peterson
A BILL
To amend section 4301.17 of the Revised Code to allow
the Division of Liquor Control to base
the
population quota restrictions for agency
stores
that sell spirituous liquor on the Division's
behalf on state
population estimates determined by
the Department of
Development between federal
decennial censuses; to change these population
quota restrictions and the compensation paid to
operators of agency stores; to allow the Division
to enter into
additional contracts for agency
stores with
certain class C permit holders
notwithstanding
these population quota or other
restrictions; and
to eliminate the restriction
against the same
person operating or having an
interest in more
than eight agency stores in the
state or more than four agency stores in the same
county.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4301.17 of the Revised Code be
amended 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
and except as
otherwise provided in division (A)(2) of this section, five state
liquor stores or agencies may be established in each county.
One
Except as otherwise provided in division (A)(2) of this section,
one additional store may be established in any county for each
thirty
twenty-five
thousand of population of
such
that county or
major
fraction thereof
in excess of the first forty thousand,
according
to the last
preceding
federal
decennial census
or
according to the
population estimates certified by the department
of development between decennial censuses.
A
Except as otherwise
provided in division (A)(2) of this section, 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
the
compensation for such
an agent in
such
the manner
as it
deems
considers best, but
such
the compensation shall not
be less than
six and one-half per cent of, nor exceed
seven
and one-half
per
cent of, the gross sales made by
such
the agent in any one
year. 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
the 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.
(2) Notwithstanding the population quota or other
restrictions contained in division (A)(1) of this section on the
number of liquor stores or agencies that the division may
establish in counties,
the division may establish additional
liquor stores or agencies in
counties at any
premises for which
the division has issued both a C-1 permit and a
C-2 permit and
that has not less than thirty thousand square feet of retail
space. (B) When an agency contract is proposed or when an existing
agency
contract is assigned, before entering into any
such
contract or
consenting to any assignment, the division shall
notify the
legislative authority of the municipal corporation
in
which the agency store is to be located, 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
or assignment, 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
or consenting to the assignment. When the division sends notice
to the
legislative authority of the political subdivision, the
department 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
or consenting to the assignment. On or after July 21, 1986, if
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 officials
those authorities 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
but 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 officials
those authorities with an opportunity for
a complete
hearing upon the advisability of consenting to the
assignment.
Any hearing
provided for in this division 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 board of
township trustees,
or the autorities in control of the school, church, library,
public playground, or township park,
the hearing shall be held in
the county seat
of the county where
the proposed agency store is
to be located. (C) 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. 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. 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 this paragraph if the agent no longer operates an agency
store. 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 has entered into an
agency contract.
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) 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
that preference does not
conflict
with the agent's obligations pursuant to a collective
bargaining
agreement. 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.
Section 2. That existing section 4301.17 of the Revised Code
is hereby repealed.
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