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Sub. H. B. No. 371As Reported by the House State Government Committee
As Reported by the House State Government Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Trakas, DePiero, Evans, Husted, Schmidt, Setzer, Sullivan, Seitz
A BILL
To amend sections 1333.82, 1502.07, 3719.44, 4301.01,
4301.03,
4301.041, 4301.042, 4301.24, 4301.241,
4301.333, 4301.355, 4301.365,
4301.37, 4301.402,
4301.42, 4301.47, 4301.54,
4301.55, 4301.62,
4303.01,
4303.02, 4303.06, 4303.07, 4303.10,
4303.181, 4303.182, 4303.22,
4303.29, 4303.30,
4303.332,
4303.35,
4305.01,
4305.03, 4305.04,
4399.09,
4399.12, 4399.15,
5733.065, and
5739.02
and to enact section 4303.204 of
the
Revised Code
to
change the
definition of
beer
to
explicitly
include ale,
porter, stout,
sake, and
other
fermented beverages
brewed or
produced from
malt
or
malt substitutes;
to exempt
the sale of
beer and
intoxicating liquor
at
publicly owned golf
courses
from the effects of
local option elections
and to
allow Sunday liquor
sales at these golf
courses
whether or not those
sales have been
approved at
local option
elections; to forbid an
employee of a
wholesale distributor
from having any financial
interest in any retail
dealer; to create the D-5k
permit to be issued to
certain nonprofit
organizations that own or
operate a botanical
garden; to create the F-4 permit to be issued for
certain events coordinated by nonprofit
associations and corporations; to make changes in
the
Open
Container
Law
and the law governing local
option
elections
on
beer and liquor sales at a
specific
premises; and
to make other changes in
the
Liquor Control Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1333.82, 1502.07, 3719.44, 4301.01,
4301.03, 4301.041, 4301.042, 4301.24, 4301.241, 4301.333,
4301.355, 4301.365, 4301.37, 4301.402,
4301.42, 4301.47,
4301.54,
4301.55, 4301.62, 4303.01, 4303.02,
4303.06, 4303.07, 4303.10,
4303.181, 4303.182, 4303.22,
4303.29, 4303.30,
4303.332, 4303.35,
4305.01,
4305.03, 4305.04, 4399.09, 4399.12, 4399.15, 5733.065,
and 5739.02
be amended and section 4303.204 of the Revised
Code be
enacted to
read as follows:
Sec. 1333.82. As used in sections 1333.82 to 1333.87 of the
Revised Code: (A)
"Alcoholic beverages" means beer, malt beverages, and
wine as defined in
section 4301.01 of the Revised Code. (B)
"Manufacturer" means a person, whether located in this
state or
elsewhere, who manufactures or supplies alcoholic
beverages to distributors in
this state. (C)
"Distributor" means a person who sells or distributes
alcoholic beverages
to retail permit holders in the state, but
does not include the state or any
of its political subdivisions. (D)
"Franchise" means a contract or any other legal device
used to establish
a contractual relationship between a
manufacturer and a distributor. (E)
"Good faith" means the duty of any party to any
franchise, and all
officers, employees, or agents of any party to
any
franchise, to act in a fair and equitable manner
toward each
other so as to guarantee each party freedom from coercion or
intimidation; except that recommendation, endorsement, exposition,
persuasion,
urging, or argument shall not be considered to
constitute
a lack of good faith or
coercion. (F)
"Brand," as applied to wine, means a wine different from
any other wine
in respect to type, brand, trade name, or container
size. (G)
"Sales area or territory" means an exclusive geographic
area
or territory that is assigned to a particular A or B permit
holder
and that either has one or more political subdivisions as
its
boundaries or consists of an area of land with readily
identifiable geographic boundaries.
"Sales area or territory"
does
not include, however, any particular retail location in an
exclusive geographic area or territory that is assigned to another
A or B permit holder.
Sec. 1502.07. No person, agency of the state, municipal
corporation, county,
or township shall sell or offer for sale any
beer, malt beverage, or
mixed
beverages as defined in section
4301.01 of the Revised Code, or any soft drink
as defined in
section 913.22 of the Revised Code, in a metal container that is
so designed that it may be opened by removing from the container a
part
thereof
of the container without using a separate opener.
However, nothing in this section
prohibits the sale or offering
for sale of a container the only detachable
part of which is a
piece of tape or other similar adhesive material.
Sec. 3719.44. (A) Pursuant to this section, and by rule
adopted in accordance with Chapter 119. of the
Revised Code, the
state
board of pharmacy may do any of the following with respect
to
schedules I, II, III, IV, and V established in section 3719.41
of
the Revised Code: (1) Add a previously unscheduled compound, mixture,
preparation, or substance to any schedule; (2) Transfer a compound, mixture, preparation, or
substance
from one schedule to another, provided
the transfer does not have
the effect under
Chapter 3719. of the
Revised Code
this chapter of
providing less stringent control of
the
compound, mixture,
preparation, or substance than is provided
under the federal drug
abuse control laws; (3) Remove a compound, mixture, preparation, or substance
from the schedules where the board had previously added the
compound, mixture, preparation, or substance to the schedules,
provided that the removal shall not have the effect under
Chapter
3719. of the Revised Code
this chapter of providing less stringent
control of
the compound, mixture, preparation, or substance than
is
provided under the federal drug abuse control
laws. (B) In making a determination to add, remove, or transfer
pursuant to division (A) of this section, the board shall
consider
the following: (1) The actual or relative potential for abuse; (2) The scientific evidence of the pharmacological
effect of
the substance, if known; (3) The state of current scientific knowledge regarding
the
substance; (4) The history and current pattern of abuse; (5) The scope, duration, and significance of abuse; (6) The risk to the public health; (7) The potential of the substance to produce psychic or
physiological dependence liability; (8) Whether the substance is an immediate precursor. (C) The board may add or transfer a compound, mixture,
preparation, or substance to schedule I when it appears that
there
is a high potential for abuse, that it has no accepted
medical use
in treatment in this state, or
that it lacks accepted
safety
for
use in treatment under medical supervision. (D) The board may add or transfer a compound, mixture,
preparation, or substance to schedule II when it appears that
there is a high potential for abuse, that it has a currently
accepted medical use in treatment in this state, or currently
accepted medical use in treatment with severe restrictions, and
that its abuse may lead to severe physical or severe
psychological
dependence. (E) The board may add or transfer a compound, mixture,
preparation, or substance to schedule III when it appears that
there is a potential for abuse less than the substances included
in schedules I and II, that it has a currently accepted medical
use in treatment in this state, and that its abuse may lead to
moderate or low physical or high psychological dependence. (F) The board may add or transfer a compound, mixture,
preparation, or substance to schedule IV when it appears that it
has a low potential for abuse relative to substances included in
schedule III,
and that it has a currently accepted medical use in
treatment in this state, and that its abuse may lead to limited
physical or psychological dependence relative to the substances
included in schedule III. (G) The board may add or transfer a compound, mixture,
preparation, or substance to schedule V when it appears that it
has lower potential for abuse than substances included in
schedule
IV,
and that it has currently accepted medical use in
treatment in
this state, and that its abuse may lead to limited
physical or
psychological dependence relative to substances
included in
schedule IV. (H) Even though a compound, mixture, preparation, or
substance does not otherwise meet the criteria in this section
for
adding or transferring it to a schedule, the board may
nevertheless add or transfer it to a schedule as an immediate
precursor when all of the following apply: (1) It is the principal compound used, or produced
primarily
for use, in the manufacture of a controlled
substance;. (2) It is an immediate chemical intermediary used or
likely
to be used in the manufacture of such a controlled
substance;. (3) Its control is necessary to prevent, curtail, or limit
the manufacture of the scheduled compound, mixture, preparation,
or substance of which it is the immediate precursor. (I) Authority to control under this section does not
extend
to distilled spirits, wine, or
malt beverages
beer, as
those terms
are defined or used in Chapter 4301. of the Revised Code. (J) Authority to control under this section does not
extend
to any nonnarcotic substance if
such
the substance may, under
the
Federal Food, Drug, and Cosmetic Act and the laws of this state,
be
lawfully sold over the counter without a prescription.
Should
If
a
pattern of abuse
develop
develops for any nonnarcotic drug
sold over the
counter, the board may, by rule adopted in
accordance with
Chapter
119. of the Revised Code, after a public
hearing and a
documented
study to determine that the substance
actually meets
the criteria
listed in division (B) of this
section, place
such
the
abused
substance on a controlled substance
schedule. (K)(1) A drug product containing ephedrine that is known as
one of
the following and is in the form specified shall not be
considered a schedule
V controlled substance: (i) Pazo hemorrhoid ointment and suppositories; (j) Primatene
"M" formula tablets; (k) Primatene
"P" formula tablets; (m) Tedral tablets, suspension and elixir; (2)(a) A product containing ephedrine shall not be
considered a
controlled substance if the product is a food product
or
dietary supplement that meets all of the following criteria: (i) It contains, per dosage unit or serving, not more than
the lesser of twenty-five milligrams of ephedrine alkaloids or the
maximum amount of ephedrine alkaloids provided in applicable
regulations
adopted by the United States food and drug
administration,
and no other controlled substance. (ii) It contains no hydrochloride or sulfate salts of
ephedrine
alkaloids. (iii) It is packaged with a prominent label securely
affixed
to each package that states all of the following: the amount in
milligrams of ephedrine in a serving or dosage unit; the amount of
the food
product or dietary supplement that constitutes a serving
or dosage unit; that
the maximum recommended dosage of ephedrine
for a healthy adult human is the
lesser of one hundred milligrams
in a twenty-four-hour period
for not more than twelve weeks or the
maximum recommended dosage
or period of use provided in applicable
regulations adopted
by the United States food and drug
administration; and that
improper use of the product may be
hazardous to a person's health. (b)(i) Subject to division (K)(2)(b)(ii)
of this section, no
person shall dispense, sell, or otherwise give a product
described
in division (K)(2)(a) of this section
to any individual under
eighteen years of age. (ii) Division (K)(2)(b)(i)
of this section does not apply to
a physician or pharmacist who dispenses,
sells, or otherwise gives
a product described in division (K)(2)(a) of this
section to an
individual under eighteen years of age, to a parent or guardian
of
an individual under eighteen years of age who dispenses, sells, or
otherwise gives
a product of that nature to the individual under
eighteen years of age, or to
a person who, as authorized by the
individual's parent or legal guardian,
dispenses, sells, or
otherwise gives a product of that nature to an individual
under
eighteen years of age. (c) No person in the course of selling, offering for sale,
or
otherwise distributing a product described in division
(K)(2)(a) of this section
shall advertise or represent in any
manner that the product causes euphoria,
ecstasy, a
"buzz" or
"high," or an altered mental
state; heightens sexual performance;
or, because it contains ephedrine
alkaloids, increased muscle
mass. (3) A drug product that contains the isomer pseudoephedrine,
or any of its
salts, optical isomers, or salts of optical isomers,
shall not be considered a
controlled substance if the drug product
is labeled in a
manner consistent with federal law or with the
product's over-the-counter
tentative final monograph or final
monograph issued by the United
States food and drug
administration. (4) At the request of any person, the board may except any
product containing ephedrine not described in division
(K)(1) or
(2) of this section or any class of products
containing ephedrine
from being included as a schedule V controlled substance
if it
determines that the product or class of products does not contain
any other controlled
substance. The board shall make the
determination in accordance with this
section and by rule adopted
in accordance with Chapter 119. of the Revised
Code. (L) As used in this section: (1)
"Food" has the same meaning as in section 3715.01 of the
Revised
Code;. (2)
"Dietary supplement" has the
same meaning
given
as in the
"Federal
Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21
U.S.C.A. 321 (ff), as
amended. (3)
"Ephedrine alkaloids" means ephedrine, pseudoephedrine,
norephedrine, norpseudoephedrine, methylephedrine, and
methylpseudoephedrine.
Sec. 4301.01. (A) As used in the Revised Code: (1)
"Intoxicating liquor" and
"liquor" include all liquids
and compounds, other than beer, containing one-half of one per
cent or more of
alcohol by volume which are fit to use for
beverage purposes,
from whatever source and by whatever process
produced, by
whatever name called, and whether
the same
they are
medicated,
proprietary, or patented.
"Intoxicating
liquor" and
"liquor" include wine even if it contains less than
four per cent
of alcohol by volume, mixed beverages even if they contain less
than
four per cent of alcohol by volume, cider, alcohol, and all
solids and
confections which contain any alcohol. (2) Except as used in sections 4301.01 to 4301.20, 4301.22
to 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of
the Revised Code,
"sale" and
"sell" include exchange, barter,
gift, offer for sale, sale, distribution and delivery of any
kind,
and the transfer of title or possession of beer and
intoxicating
liquor either by constructive or actual delivery by
any means or
devices whatever, including the sale of beer or
intoxicating
liquor by means of a controlled access alcohol and
beverage
cabinet pursuant to section 4301.21 of the Revised Code.
"Sale"
and
"sell" do not include the
mere solicitation of orders for
beer
or intoxicating liquor from the holders of permits issued by
the
division of liquor control authorizing the sale of the
beer or
intoxicating liquor, but no solicitor shall solicit
any such
orders until the solicitor has been registered with
the division
pursuant to section 4303.25
of the Revised Code. (3)
"Vehicle" includes all means of transportation by
land,
by water, or by air, and everything made use of in any way
for
such transportation. (B) As used in
sections 4301.01 to 4301.74 of the Revised
Code
this chapter: (1)
"Alcohol" means ethyl alcohol, whether rectified or
diluted with water or not, whatever its origin may be, and
includes synthetic ethyl alcohol.
"Alcohol" does not include
denatured alcohol and wood alcohol. (2)
"Beer,"
"malt liquor," or
"malt beverages" includes
all
brewed or
means beer, ale, porter, stout, and other similar
fermented
malt products containing
beverages, including sake or
similar products, of any name or description, that contain
one-half of one
per
cent or more, but not more than twelve per
cent, of alcohol by volume
but not more
than six per
cent
of
alcohol by weight
and that are brewed or
produced from malt,
wholly or in part, or from any product used as
a substitute for
malt. (3)
"Wine" includes all liquids fit to use for beverage
purposes containing not less than one-half of one per cent of
alcohol by volume and not more than twenty-one per cent of
alcohol
by volume, which is made from the fermented juices of
grapes,
fruits, or other agricultural products, except that as used
in
sections 4301.13, 4301.421, 4301.422,
4301.432, and 4301.44 of the
Revised Code, and, for
purposes of determining the rate of the tax
that applies, division
(B) of section 4301.43 of the Revised Code,
"wine" does not include cider. (4)
"Mixed beverages," such as bottled and prepared
cordials,
cocktails, and highballs, are products obtained by
mixing any type
of whiskey, neutral spirits, brandy, gin, or
other
distilled
spirits with, or over, carbonated or plain water,
pure
juices from
flowers and plants, and other flavoring
materials.
The completed
product shall contain not less than
one-half of one
per cent of
alcohol by volume and not more than
twenty-one per
cent of alcohol
by volume. (5)
"Spirituous liquor" includes all intoxicating liquors
containing more than twenty-one per cent of alcohol by volume. (6)
"Sealed container" means any container having a
capacity
of not more than one hundred twenty-eight fluid ounces,
the
opening of which is closed to prevent the entrance of air. (7)
"Person" includes firms and corporations. (8)
"Manufacture" includes all processes by which beer or
intoxicating liquor is produced, whether by distillation,
rectifying, fortifying, blending, fermentation, or brewing, or in
any other manner. (9)
"Manufacturer" means any person engaged in the
business
of manufacturing beer or intoxicating liquor. (10)
"Wholesale distributor" and
"distributor" means a
person
engaged in the business of selling to retail dealers for
purposes
of resale. (11)
"Hotel" has the
same meaning as in section 3731.01
of
the
Revised Code, subject to the exceptions mentioned in
section
3731.03 of the Revised Code. (12)
"Restaurant" means a place located in a permanent
building provided with space and accommodations wherein, in
consideration of the payment of money, hot meals are habitually
prepared, sold, and served at noon and evening, as the principal
business of the place.
"Restaurant"
does not include pharmacies,
confectionery stores, lunch stands, night clubs, and filling
stations. (13)
"Club" means a corporation or association of
individuals
organized in good faith for social, recreational,
benevolent,
charitable, fraternal, political, patriotic, or
athletic purposes,
which is the owner, lessor, or occupant of a
permanent building or
part of a permanent building
operated
solely for
those
purposes,
membership in which entails the
prepayment of regular
dues, and
includes the place so operated. (14)
"Night club" means a place operated for profit, where
food is served for consumption on the premises and one or more
forms of amusement are provided or permitted for a consideration
that may be in the form of a cover charge or may be
included in
the price of the food and beverages, or both, purchased by
patrons. (15)
"At retail" means for use or consumption by the
purchaser and not for resale. (16)
"Pharmacy" means an establishment, as defined in
section
4729.01 of the Revised Code, that is under
the management
or
control of a licensed pharmacist in
accordance with section
4729.27 of the Revised Code. (17)
"Enclosed shopping center" means a group of retail
sales
and service business establishments that face into an
enclosed
mall, share common ingress, egress, and parking
facilities, and
are situated on a tract of land that contains an
area of not less
than five hundred thousand square feet.
"Enclosed shopping
center" also includes not more than one
business establishment
that is located within a free-standing
building on such a tract of
land, so long as the sale of beer and
intoxicating liquor on the
tract of land was approved in an
election held under former
section 4301.353 of the Revised Code. (18)
"Controlled access alcohol and beverage cabinet"
means
a
closed container, either refrigerated, in whole or in
part, or
nonrefrigerated, access to the interior of which is
restricted by
means of a device that requires the use of a
key,
magnetic card,
or similar device and from which beer,
intoxicating liquor, other
beverages, or food may be sold. (19)
"Community facility" means either of the following: (a) Any convention, sports, or entertainment facility or
complex,
or any combination of these, that is used by or
accessible to the general
public and that is owned or operated in
whole or in part by the state, a state
agency, or a political
subdivision of the state or that is leased from, or
located on
property owned by or leased from, the state, a state agency, a
political subdivision of the state, or a convention facilities
authority
created pursuant to section 351.02 of the Revised Code; (b) An area designated as a community entertainment district
pursuant to section 4301.80 of the Revised Code. (20)
"Low-alcohol beverage" means any brewed or fermented
malt product, or
any product
made from the fermented juices of
grapes, fruits, or other
agricultural products, that contains
either no alcohol or less
than one-half of one per cent of alcohol
by volume. The beverages described
in division (B)(20) of this
section do not
include a soft drink such as root beer, birch beer,
or ginger
beer. (21)
"Cider" means all liquids fit to use for
beverage
purposes
that contain one-half of one per cent of alcohol by
volume, but not more than
six per cent of alcohol by weight, and
that are made through
the normal alcoholic
fermentation of the
juice of sound, ripe apples, including, without
limitation,
flavored, sparkling, or carbonated cider and cider made from pure
condensed apple must. (22)
"Sales area or territory" means an exclusive geographic
area
or territory that is assigned to a particular A or B permit
holder
and that either has one or more political subdivisions as
its
boundaries or consists of an area of land with readily
identifiable geographic boundaries.
"Sales area or territory"
does
not include, however, any particular retail location in an
exclusive geographic area or territory that is assigned to another
A or B permit holder.
Sec. 4301.03. The liquor control commission may adopt and
promulgate, repeal, rescind, and amend, in the manner required by
this section, rules, standards, requirements, and orders
necessary
to carry out
Chapters 4301.
this chapter and
Chapter 4303. of the
Revised
Code, but all rules of the board of liquor control which
were in
effect immediately prior to April 17, 1963, shall remain
in full
force and effect as rules of the liquor control commission
until
and unless amended or repealed by the liquor control
commission.
The rules of the commission may include the
following: (A) Rules with reference to applications for and the
issuance of permits for the manufacture, distribution,
transportation, and sale of beer and intoxicating liquor, and the
sale of alcohol; and rules governing the procedure of the
division
of liquor control in the suspension, revocation,
and cancellation
of
such
those permits; (B) Rules and orders providing in detail for the conduct
of
any retail business authorized under permits issued pursuant
to
such chapters
this chapter and Chapter 4303. of the Revised Code,
with a view to ensuring compliance with
such
those chapters and
laws relative
thereto
to them, and the maintenance of public
decency, sobriety, and good order in any place licensed under
such
the
permits. No rule or order shall prohibit the sale of
lottery
tickets issued pursuant to Chapter 3770. of the Revised
Code by
any retail business authorized under permits issued
pursuant to
such
that chapter. No rule or order shall prohibit pari-mutuel wagering on
simulcast horse races
at a satellite facility that has been issued
a D liquor permit under Chapter
4303. of the Revised Code. No
rule or order shall prohibit a
charitable organization that holds
a D-4 permit from selling or
serving beer or intoxicating liquor
under its permit in a portion
of its premises merely because that
portion of its premises is
used at other times for the conduct of
a charitable bingo game. However, such
an organization shall not
sell or serve beer or
intoxicating liquor or permit beer or
intoxicating liquor to be
consumed or seen in the same location in
its premises where a
charitable bingo game is being conducted
while the game is being
conducted. As used in this division,
"charitable organization"
has the same meaning as in division (H)
of section 2915.01
of the Revised Code, and
"charitable bingo
game"
has the same
meaning as in division (R)
of
that section
2915.01 of
the Revised Code.
No rule or order
pertaining to
visibility into
the premises of a
permit holder
after the legal
hours of sale
shall be adopted or
maintained by
the commission. (C) Standards, not in conflict with those prescribed by
any
law of this state or the United States, to secure the use of
proper ingredients and methods in the manufacture of beer,
malt
liquor, mixed beverages, and wine to be sold within this state; (D) Rules determining the nature, form, and capacity of
all
packages and bottles to be used for containing beer or
intoxicating liquor except for spirituous liquor to be kept or
sold, governing the form of all seals and labels to be used
thereon
on those packages and bottles,
and requiring the label on
every package, bottle, and
container to state the ingredients in
the contents and, except on
malt beverages
beer, the terms of
weight, volume, or
proof spirits, and
whether the same is beer,
wine, alcohol, or any intoxicating
liquor except for spirituous
liquor; (E) Uniform rules governing all advertising with reference
to the sale of beer and intoxicating liquor throughout the state
and advertising upon and in the premises licensed for the sale of
beer or intoxicating liquor; (F) Rules restricting and placing conditions upon the
transfer of permits; (G) Rules and orders limiting the number of permits of any
class within the state or within any political subdivision of the
state; and, for
such
that purpose, adopting reasonable
classifications
of
persons or establishments to which any
authorized class of
permits
may be issued within any
such
political subdivision; (H) Rules and orders with reference to sales of beer and
intoxicating liquor on Sundays and holidays and with reference to
the hours of the day during which and the persons to whom
intoxicating liquor of any class may be sold, and rules with
reference to the manner of sale; (I) Rules requiring permit holders buying beer
and malt
beverages to pay and permit holders selling beer
and malt
beverages to collect minimum cash deposits for kegs, cases,
bottles, or other returnable containers of
such
the beer
and
malt
beverages; requiring the repayment, or credit
therefor, of
such
the minimum cash deposit charges upon the return of
such
the empty
containers,; and requiring the posting of such form of indemnity
or such other conditions with respect to the charging,
collection,
and repayment of minimum cash deposit charges for
returnable
containers of beer
or malt beverages as are necessary
to ensure
the return of
such
the empty containers or the
repayment upon
such
that return of the minimum cash deposits
paid
therefor.; (J) Rules establishing the method by which alcohol
products
may be imported for sale by wholesale distributors and
the method
by which manufacturers and suppliers may sell alcohol
products to
wholesale distributors. Every rule, standard, requirement, or order of the
commission, and every repeal, amendment, or rescission
thereof
of
them shall be posted for public inspection in the principal office
of
the commission and the principal office of the division of
liquor control, and a certified copy
thereof
of them shall be
filed in the office of the secretary of state. An order applying
only to
persons named
therein
in it shall be served on the persons
affected by
personal delivery of a certified copy, or by mailing
such
a
certified copy to each person affected
thereby,
by it or,
in the case of a corporation, to any officer or agent
thereof
of
the
corporation upon whom a
service of summons may be served in a
civil action. The posting
and filing required by this section
constitutes sufficient notice
to all persons affected by such rule
or order which is not
required to be served. General rules of the
commission
promulgated pursuant to this section shall be published
in
such a
the
manner
as the commission determines.
Sec. 4301.041. The liquor control commission may determine
and fix by
regulation
rule the minimum percentage mark-up for
sales at
retail of beer,
lager
beer, ale, stout, porter, or any
other
brewed or malt liquor or malt
beverages, whether in case lot
or
less. To determine the retail price of
such products
beer, the
minimum percentage mark-up
may be applied to the wholesale price
of the manufacturer or wholesale
distributor charged to the retail
permit holder. Such prices shall apply to
sales made at retail by
a permit holder for off-premise consumption only.
Sec. 4301.042. The liquor control commission may adopt,
repeal, and amend
rules providing for and controlling pricing
practices and the manner and
frequency with which any person sets
or changes prices at which beer
and
other malt beverages are
is
sold to or by the holders of B-1
permits, but the
commission shall
not set prices or markups between manufacturers or other
suppliers
and the holders of B-1 permits.
Sec. 4301.24. No manufacturer shall aid or assist the
holder
of any permit for sale at wholesale, and no manufacturer or
wholesale distributor shall aid or assist the holder of any
permit
for sale at retail, by gift or loan of any money or
property of
any description or other valuable thing, or by giving
premiums or
rebates. No holder of any such permit shall accept
the same,
provided that the manufacturer or wholesale distributor
may
furnish to a retail permittee the inside signs or advertising
and
the tap signs or devices authorized by divisions (F)
and
(G)
of
section 4301.22 of the Revised Code. No manufacturer shall have any financial interest, directly
or indirectly, by stock ownership, or through interlocking
directors in a corporation, or otherwise, in the establishment,
maintenance, or promotion in the business of any wholesale
distributor. No retail permit holder shall have any interest,
directly or indirectly, in the operation of, or any ownership in,
the business of any wholesale distributor or manufacturer. No manufacturer
or wholesale distributor shall, except as
authorized by section 4303.021 of the Revised Code, have any
financial interest, directly or indirectly, by stock ownership,
or
through interlocking directors in a corporation, or otherwise,
in
the establishment, maintenance, or promotion of the business
of
any retail dealer; nor shall any. No wholesale distributor or
employee of a wholesale
distributor shall have any financial
interest, directly or
indirectly, by stock ownership, interlocking
directors in a
corporation, or otherwise, in the establishment,
maintenance, or
promotion of the business of any retail dealer.
No
manufacturer
or wholesale
distributor or any stockholder
of a
manufacturer or
wholesale distributor
shall acquire, by ownership
in
fee,
leasehold,
mortgage, or otherwise, directly or indirectly,
any
interest in
the premises
on which the business of any other
person
engaged in the business of trafficking in beer or
intoxicating
liquor is conducted. All contracts, covenants,
conditions, and
limitations whereby any person engaged or
proposing to engage in
the sale of beer or intoxicating liquors
promises to confine the
person's sales of a particular kind
or
quality of beer or
intoxicating liquor to one or more products, or
the
products of a
specified manufacturer or wholesale distributor,
or
to give
preference to
those products, shall to the extent of
that
promise be void. The making of
a promise in any such
form
shall be cause for the revocation or suspension of any
permit
issued to any party. This section does not prevent the
holder of
an A permit from securing and holding a wholesale
distributor's
permit or permits and operating as a wholesale
distributor. No manufacturer shall sell or offer to sell to any
wholesale
distributor or retail permit holder,
and no wholesale
distributor
shall sell or offer to sell to any retail permit
holder, and no
wholesale distributor or retail permit holder
shall purchase or
receive from any manufacturer or wholesale
distributor, any
malt
or
beer, brewed beverages, or wine manufactured in
the United
States
except for cash. No right of action shall
exist to collect
any
claims for credit extended contrary to this
section. This
section
does not prohibit a licensee from
crediting to a purchaser
the
actual prices charged for packages
or containers returned by
the
original purchaser as a credit on
any sale or from refunding
to
any purchaser the amount paid by
that purchaser for
containers
or as a deposit on containers when
title is retained by
the
vendor, if
those containers or packages
have been
returned to the
manufacturer or distributor. This
section does
not prohibit a
manufacturer from extending usual and
customary
credit for
malt or
beer, brewed beverages, or wine
manufactured in the
United States
and sold to customers who live
or maintain places of
business
outside this state when the
beverages so
sold are
actually
transported and delivered to points outside
this
state.
No
wholesale or retail permit shall be issued to an
applicant
unless
the applicant has paid in full all accounts for
beer
and malt
beverages or wine, manufactured in the United
States,
outstanding
as of September 6, 1939. No beer
or malt
beverages or
wine
manufactured in the United States shall be
imported into the
state
unless the
beer
or malt beverages or wine has been paid
for in
cash,
and no consent to import any such beer
or malt
beverages or
wine
manufactured in the United States shall be
issued by the
division of liquor control until the A-2, B-1, or
B-5
permit
holder establishes to the satisfaction of the
division
that the
beer
or malt beverages or wine has been paid for in
cash. This section does not prevent a manufacturer from securing
and holding any
financial interest, directly or indirectly, by
stock ownership or through
interlocking directors in a
corporation, or otherwise, in the establishment,
maintenance, or
promotion of the business or premises of any C or
D permit holder,
provided that the following conditions are met: (A) Either the manufacturer or one of its parent companies
is
listed on a national securities exchange. (B) All purchases of alcoholic beverages by the C or
D
permit holder are made from wholesale distributors in this state
or
agency stores licensed by the division of liquor control. (C) If the C or D permit holder sells brands of
alcoholic
beverages that are produced or distributed by the manufacturer
that
holds the financial interest, the C or D permit holder also
sells other competing brands of alcoholic beverages produced by
other
manufacturers, no preference is given to the products of the
manufacturer, and
there is
no exclusion, in whole or in part, of
products sold or offered for sale by
other manufacturers,
suppliers, or importers of alcoholic beverages that
constitutes a
substantial impairment of commerce. (D) The primary purpose of the C or D permit
premises is a
purpose other than to sell alcoholic beverages, and the sale of
other goods and services exceeds fifty per cent of the total gross
receipts of
the C or D permit holder at its premises.
This section does not prevent a manufacturer from giving
financial assistance to the holder of a B permit for the purpose
of the holder purchasing an ownership interest in the business,
existing inventory and equipment, or property of another B permit
holder, including, but not limited to, participation in a limited
liability partnership, limited liability company, or any other
legal entity authorized to do business in this state. This section
does not permit a manufacturer to give financial assistance to the
holder of a B permit to purchase inventory or equipment used in
the daily operation of a B permit holder.
Sec. 4301.241. Notwithstanding section 4303.06 of the
Revised Code, each
manufacturer and supplier of beer
and malt
beverages shall assign to each of
the manufacturer's or
supplier's B-1 distributors a sales area or territory within
which each
such B-1 permit holder shall be the distributor of the
brand or brands of
the
manufacturer or supplier, provided that,
if the
manufacturer or supplier
manufactures or supplies more
than one brand of beer
and malt beverage, the manufacturer or
supplier may assign
sales
areas or territories to additional B-1
distributors for the distribution and
sale of the additional brand
or brands, so long as not more than one
distributor distributes
the same brand or brands within the same
sales area or territory.
No B-1 distributor shall distribute a specific brand
of beer
or
malt beverage in any area or territory other than the
area or
territory assigned to the
distributor.
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 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
4301.355 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, holder, or
liquor
agency store either
intends to do or does business at the
particular location; (3) 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
this
state; (c) A description of the general nature of the business of
the applicant, liquor permit holder, or liquor agency store.
(4) If the petition seeks approval of Sunday sales under
question (B)(2) as set forth in section 4301.355 of the Revised
Code, a statement indicating whether the hours of sale sought are
between ten a.m. and midnight or between one p.m. and midnight. (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
and that
states the
proposed use of the location following the election
held to
authorize the sale of beer or intoxicating liquor
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. (E) A petition filed with
the board of elections under this
section shall be open to
public inspection under rules adopted by
the board. (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. 4301.355. (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 ........ (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, 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 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 ........ (insert
beer, wine and
mixed
beverages, or intoxicating liquor) be
permitted for sale on
Sunday
between the hours of ........ (insert "ten a.m. and midnight" or
"one p.m. and midnight")
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,
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-5k,
or D-7 liquor
permit,"
if only
the approval of beer
sales is
sought,
or
"liquor agency
store")
who is engaged in the
business
of ...........(insert
general
nature of
the business in
which
applicant or liquor permit
holder
is engaged or 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?" (C) If the sale of beer, wine and mixed beverages, or
intoxicating liquor has been
approved at a particular location
within the precinct at a
previous election held under this
section, 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 ....... (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
that
sale has been approved at a previous
election under section
4301.355 of the
Revised
Code)." (D) The board of elections shall furnish printed ballots at
the
election as provided under section 3505.06 of the
Revised
Code,
except that a separate
ballot shall be used for the election
under
this section. 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. 4301.365. (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, and during the hours on Sunday, specified in the
question
questions 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
is
grounds for the denial
of a renewal of
the liquor
permit under
division
(A) of section 4303.271 of the
Revised
Code
or
cause
is
grounds 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
and during the hours
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
and during the hours
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 for the
question or
questions set forth in section 4301.355 of the
Revised
Code and for a question or
questions set forth in section 4301.35,
4301.351, 4301.353, 4301.354,
4303.29, or
4305.14 of the Revised
Code, the results of the
election held on the question or
questions set forth in section
4301.355 of the Revised
Code shall
apply to the
particular location notwithstanding the results of
the election
held on the question or questions set forth in
section 4301.35,
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14
of the
Revised
Code.
(G) Sections 4301.32 to 4301.41 of the Revised Code do not
prohibit the transfer of ownership of a permit that was issued to
a particular location as the result of an election held on sales
of beer, wine and mixed beverages, or intoxicating liquor at that
particular location as long as the general nature of the business
at that particular location described in the petition for that
election remains the same after the transfer.
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
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
that
question. This
division
shall not be construed to
prohibit the future holding of,
or affect the future results of, a local
option election held
under section 4301.35, 4301.351, 4301.355,
4303.29, or 4305.14
of
the Revised Code. (E)(1) 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
that
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, except as provided in division (E)(2) of this section,
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
years from the date of the most recent
election on
that
question.
The
(2) A local option election may be held in a precinct under
section 4301.355 of the Revised Code for approval of the sale of
beer, wine and mixed beverages, or intoxicating liquor at a
particular location, on a date occurring less than four years from
the date of the most recent election under that section on any
such sale at that particular location, if the petitioner for the
new local option election under
section 4301.333 of the Revised
Code is not the same applicant,
liquor permit holder, or liquor
agency store that was the
petitioner under that section for that
most recent election. (3) The results of a local option election held in a
precinct
under section
4301.355 of the Revised Code shall not
prohibit the
holding
of,
and shall
be affected by the results
of,
a local
option
election held
under
section 4301.35, 4301.351,
4301.353,
4301.354, 4303.29, or 4305.14 of the
Revised Code. (F) When a local option election is held in a municipal
corporation or unincorporated area of a township
under section
4301.356 of the Revised Code,
the results of the election shall be
effective at the community facility that
was the subject of the
election until another such election is held regarding
that
community facility, but no such election shall be held for a
period of at
least four 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
March 30, 1999, unless the
election is held under section 4301.356 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, park
district created under Chapter 1545. of the Revised Code, or other
political subdivision of the state, provided that
and
the permit
holder for the
golf course, hotel, motel, or lodge operates
pursuant to
under the authority of
the
a liquor permit issued
pursuant to
under Chapter 4303. of the Revised Code.
Sec. 4301.42. For the purpose of providing revenue for the
support of the state, a tax is hereby levied on the sale of beer,
ale, porter, stout, and other malt liquor beverages in sealed
bottles and cans having twelve ounces or less of liquid content,
at the rate of fourteen one-hundredths of one cent on each ounce
of liquid content or fractional part
thereof
of each ounce of
liquid
content, and on such
containers in excess of twelve ounces,
at the rate of eighty-four
one-hundredths of one cent on each six
ounces of liquid content
or fractional part
thereof
of each six
ounces of liquid content.
Sections 4307.01 to 4307.12 of the
Revised Code apply in the administration of
said
that tax.
Manufacturers, bottlers, and canners of and wholesale dealers in
beer, ale, porter, stout, and other malt liquor beverages have
the
duty to pay the tax imposed by this section and are entitled
to
the privileges in the manner provided in section 4303.33 of
the
Revised Code.
Sec. 4301.47. Every class A-1, A-2, and A-4 permit holder
and each class B
permit holder shall maintain and keep for a
period of three years a record of
the beer, wine,
malt beverages,
and mixed beverages purchased,
distributed, or
sold within this
state by the permit holder, together with invoices, records,
receipts, bills of lading, and other pertinent papers required by
the tax
commissioner and, upon demand by the tax commissioner,
shall produce these
records for a three-year period prior to the
demand unless upon satisfactory
proof it is shown that the
non-production
nonproduction is due
to causes beyond
his
the
permit holder's control.
Sec. 4301.54. If the laws of another state, territory, or
nation, or the rules and regulations of an administrative body
therein
in another state, territory, or nation,
provide for the
levy and collection of taxes, fees, and
charges upon the products
of Ohio manufacturers of wine or
manufacturers or brewers of beer
and other malt liquors when
such
those products are sold in,
delivered, or shipped into
such
the other
state, territory, or
nation, in excess of the taxes, fees, and
charges levied and
collected on the products of
manufactures
manufacturers or brewers
of
said
those states,
territories, or nations, whether
such
those
taxes,
fees, and charges are in the nature of an excise, sales, or
import tax, or by whatever name designated, the tax commissioner
shall levy and collect additional taxes, fees, and charges on the
products of manufacturers of wine or manufacturers and brewers of
beer
and other malt liquor of
said
that other state,
territory, or
nation when sold in, delivered, or shipped into this state. Such
The additional taxes, fees, and charges shall be in
excess
of those provided for in other sections of
this chapter or
Chapters
4301., 4303. and 4307. and section 4305.13 of the Revised
Code, in the
same
proportion or in the same amount as taxes, fees,
and charges
levied and collected in
said
the other state,
territory, or nation upon the products of Ohio
manufacturers of
wine or manufacturers or brewers of beer
and
other malt liquor are
in excess of those levied and collected on
the products of
manufacturers and brewers of
said
the other
state,
territory, or
nation.
If the laws of another state, territory, or nation, or the
rules and regulations of
the
an administrative body
therein
in
another state, territory, or nation, provide
for the levy and
collection of taxes, fees, or charges against
Ohio
manufactures
manufacturers of wine or
manufactures
manufacturers or brewers of
beer
and other malt liquor for the
privilege of doing business
therein
in that state, territory, or
nation, like amounts shall be
levied
and collected on manufacturers or brewers of
said
that
state,
territory, or nation for the privilege of doing business in
this state.
Sec. 4301.55. If the laws of another state, territory, or
nation, or the
rules and regulations of any administrative body
therein
in another
state, territory, or nation, authorize or
impose
any tax, fee, or charge upon the right to transport or
import into
such
that state,
territory, or nation any beer, malt
liquor, or wine manufactured in this state; or authorize or
impose
any different warehousing requirements or higher warehousing or
inspection fees upon any beer, malt liquor, or wine manufactured
in
this
state and imported into or sold in
such
that state,
territory, or nation than are imposed upon beer, malt liquor,
and
wine manufactured in
such
that state,
territory,
or nation; or
impose any higher fee for the
privilege of selling or handling
beer, malt liquor, or wine
manufactured in this state than is
imposed for the
privilege of handling or selling the same kind of
beverages manufactured
within
such
that state,
territory, or
nation or
any other state,
territory, or nation, the tax
commissioner
shall levy and
collect similar taxes, fees, and
charges from licensees or persons selling in
Ohio
this state beer,
malt liquor, and wine manufactured
in
such
that other state,
territory,
or nation.
Such
The taxes, fees, and charges shall be
in
addition to the taxes,
fees, and charges assessed and collected
by the commissioner under section
4301.54 of the Revised Code.
Sec. 4301.62. (A) As used in this section: (1)
"Chauffeured limousine" means a vehicle
registered under
section 4503.24 of the Revised Code. (2)
"Street,"
"highway," and
"motor
vehicle" have the same
meanings as in
section 4511.01 of the Revised Code. (B) No person shall have in the person's possession an
opened container of beer or intoxicating liquor in any of the
following
circumstances: (1) In a state liquor store; (2) Except as provided in division (C) of this section,
on
the premises of the holder of any permit issued by
the division of
liquor control; (3) In any other public place; (4) Except as provided in division (D) of this section,
while operating or
being a passenger in or on a motor
vehicle on
any street, highway, or other public or private
property open to
the public for purposes of vehicular travel or
parking; (5) Except as provided in division (D) of this section,
while being in or on
a stationary motor vehicle on any street,
highway, or other public or private
property open to the public
for purposes of vehicular travel or parking. (C)(1) A person may have in the
person's possession an
opened container of any of the
following: (a) Beer or intoxicating liquor
that has been lawfully
purchased for consumption on the
premises where bought from the
holder of an A-1-A, A-2, D-1, D-2,
D-3, D-3a, D-4, D-4a, D-5,
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j,
D-5k,
D-7,
D-8, E, F, or F-2 permit; (b) Beer, wine, or mixed beverages served for consumption on
the
premises by the holder of an F-3 permit
or wine served for
consumption on the premises by the holder of an F-4 permit; (c) Beer or intoxicating
liquor consumed on the premises of
a convention
facility as provided in section 4303.201 of the
Revised Code; (d) Beer or intoxicating liquor to be consumed during
tastings and samplings approved by rule of the liquor control
commission. (2) A person may have in the person's possession on an
F
liquor permit premises an
opened container of beer or intoxicating
liquor that was not
purchased from the holder of the
F permit if
the premises for which the F permit is issued is
a music festival
and the holder of the F permit grants permission for
that
possession on the premises during the period
for which the F
permit is
issued. As used in this division,
"music festival"
means a
series of outdoor live musical performances, extending for
a
period of at least three consecutive days and located on an
area
of land of at least forty acres. (D) This section does not apply to a person who pays all or
a
portion of the fee imposed for the use of a
chauffeured
limousine pursuant to a prearranged contract, or the guest of
the
person, when all of the following apply: (1) The person or guest is a passenger in the limousine. (2) The person or guest is located in the limousine, but is
not occupying a
seat in the front compartment of the limousine
where the operator of the
limousine is located. (3) The limousine is located on any street, highway, or
other public or private property open to the public for purposes
of vehicular
travel or parking.
Sec. 4303.01. As used in sections 4303.01 to 4303.37 of the
Revised Code,
"intoxicating liquor,"
"liquor,"
"sale,"
"sell,"
"vehicle,"
"alcohol,"
"beer,"
"malt liquor,"
"malt beverage,"
"wine,"
"mixed beverages,"
"spirituous
liquor,"
"sealed
container,"
"person,"
"manufacture,"
"manufacturer,"
"wholesale
distributor,"
"distributor,"
"hotel,"
"restaurant,"
"club,"
"night
club,"
"at retail,"
"pharmacy," and
"enclosed shopping
center"
have the
same meanings as in section 4301.01 of the
Revised Code.
Sec. 4303.02. Permit A-1 may be issued to a manufacturer to
manufacture
beer, ale, stout, and other malt liquor containing not
more than six per
cent of
alcohol by weight and sell
such
beer
products in bottles or
containers for home use
and to retail and
wholesale permit holders under
such rules
as
are promulgated
by
the division of liquor control. The fee for this permit is three
thousand
one hundred twenty-five dollars for each plant during the
year covered by the
permit.
Sec. 4303.06. Permit B-1 may be issued to a wholesale
distributor of beer to
purchase from the holders of A-1 permits
and to import and distribute or sell
beer, ale, lager, stout, and
other malt liquors containing not more than
six
per cent of
alcohol by weight for home use and to retail permit holders
under
such rules
as are adopted by the division of liquor
control. The
fee for
this permit is two thousand five hundred dollars for each
distributing plant
or warehouse during the year covered by the
permit.
Sec. 4303.07. Permit B-2 may be issued to a wholesale
distributor of wine to
purchase from holders of A-2 and B-5
permits and distribute or sell such
product, in the original
container in which it was placed by the B-5 permit
holder or
manufacturer at the place where manufactured, to A-1-A, 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,
D-5k, and
E
permit holders, and for home use.
The fee for this permit is two hundred
fifty dollars for each
distributing plant or warehouse. The initial fee shall
be
increased ten cents per wine barrel of fifty gallons for all wine
distributed and sold in this state in excess of twelve hundred
fifty such
barrels during the year covered by the permit.
Sec. 4303.10. Permit B-5 may be issued to a wholesale
distributor of wine to
purchase wine from the holders of A-2
permits, to purchase and import wine in
bond or otherwise, in bulk
or in containers of any size, and to bottle wine
for distribution
and sale to holders of A-1-A, B-2, B-3, B-5, 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,
D-5k, and E
permits and for home use in sealed containers.
No wine shall be bottled by a
B-5 permit holder in containers
supplied by any person who intends the wine
for home use. The fee
for this permit is one thousand two hundred fifty
dollars.
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, that contains
at least fifty rooms for
registered transient
guests,
and 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
retail food
establishment or a
food service operation
licensed
pursuant to
Chapter 3717. of the
Revised Code
that operates
as a restaurant for purposes of this
chapter and that
is
affiliated with the hotel or motel and within
or contiguous to
the
hotel or motel, 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
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
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
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 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
to the owner or
operator of a
retail food establishment or a
food service operation licensed
pursuant
to
Chapter 3717. of the Revised Code
that operates as a
restaurant
for purposes of this chapter
and 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
retail food establishment or a food service
operation licensed
pursuant to
Chapter 3717. of
the
Revised Code
that operates as a
restaurant for purposes of
this chapter, shall have operated the
restaurant at
the proposed
premises for not less than twenty-four
consecutive
months
immediately preceding the filing of 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 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
that, at the time of the
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
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
the owner or
operator of a
retail food establishment or a
food service operation licensed
pursuant to
Chapter 3717. of the Revised Code
that operates as a
restaurant
for purposes of this chapter and
that is 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 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 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
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
the owner or
operator of
a
retail food establishment or a food service
operation
licensed
under
Chapter 3717. of
the Revised Code
that operates as a
restaurant for purposes of
this chapter and that meets all
of the
following: (1) It contains not less than
twenty-five hundred square
feet of floor area. (2) It is located on or in, or
immediately adjacent to, the
shoreline of, a navigable river. (3) It provides docking space for
twenty-five boats. (4) 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
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
the owner or
operator of
a
retail food establishment or a food service
operation
licensed
under
Chapter 3717. of
the Revised Code
that operates as a
restaurant for purposes of
this chapter 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 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
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
the owner or the
operator of a
retail food establishment or a
food service
operation
licensed under
Chapter 3717.
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.
(K)(1) Permit D-5k 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 is the owner or operator of a
botanical garden, and that has not less than twenty-five hundred
bona fide members.
(2) The holder of a D-5k permit may sell beer and any
intoxicating liquor at retail, only
by the individual drink in
glass and from the container, on the
premises where sold.
(3) The holder of a D-5k permit shall sell no beer or
intoxicating liquor for consumption on the premises where sold
after one a.m.
(4) A D-5k permit shall not be transferred to another
location.
(5) No quota restrictions shall be placed on the number of
D-5k permits that may be issued.
(6) The fee for the D-5k permit is one thousand five
hundred dollars.
Sec. 4303.182. (A) Except as
otherwise provided in
divisions
(B) to
(F)
(G) 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,
D-5k, or D-7
permit to allow sale under 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 that sale
has
been
authorized
under
section 4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised
Code and
under the restrictions of that authorization.
(B) Permit D-6 shall be issued
to the holder of any permit,
including a D-4a and D-5d permit,
authorizing the sale of
intoxicating liquor issued for a premises
located at any publicly
owned airport, as defined in section
4563.01 of the Revised Code,
at which commercial airline
companies operate regularly scheduled
flights on which space is
available to the public, to allow sale
under such permit between
the hours of ten a.m. and midnight on
Sunday,
whether or not
that sale has been authorized under section
4301.361,
4301.364, 4301.365, or 4301.366 of the
Revised
Code.
(C) Permit D-6 shall be issued to the holder of a D-5a
permit,
and to the holder of a D-3 or D-3a permit who is the owner
or
operator of a hotel or motel that is required to be licensed
under
section 3731.03 of the Revised Code, that
contains at least
fifty
rooms for registered transient guests, and that has on its
premises a
retail food establishment or a food service
operation
licensed pursuant to
Chapter 3717. of
the
Revised Code
that
operates as a restaurant for purposes of
this chapter and is
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
ten
a.m. and
midnight on Sunday,
whether or
not that
sale has
been
authorized
under section 4301.361,
4301.364, 4301.365, or
4301.366 of
the
Revised Code. (D) The holder of a D-6 permit
that is issued to a
sports
facility may make sales under the permit between the hours
of
eleven a.m. and midnight on any Sunday on
which a professional
baseball, basketball, football, hockey, or soccer game is
being
played at the sports facility. As used in this
division,
"sports
facility" means a stadium or arena that has a seating
capacity of
at least four
thousand and that is owned or leased by a
professional baseball, basketball,
football, hockey, or
soccer
franchise or any combination of those franchises. (E) Permit D-6 shall be issued to the holder of any
permit
that authorizes the sale of beer or intoxicating liquor and that
is
issued to a premises located in or at the Ohio historical
society
area or
the state fairgrounds, as defined in division (B)
of section 4301.40 of the Revised Code, to allow sale under that
permit between the hours of
ten a.m. and midnight on Sunday,
whether or
not that sale has been authorized under section
4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised Code. (F)
Permit D-6 shall be issued to
the holder of any permit
that authorizes the sale of intoxicating liquor and
that is issued
to an outdoor performing arts center to allow sale under that
permit between the hours of one p.m. and midnight on
Sunday,
whether or not that sale has been authorized under section
4301.361 of
the Revised Code. A D-6 permit issued under this
division
is subject to the results of an election, held after the
D-6
permit is issued, on question (B)(4) as set forth in section
4301.351 of the Revised Code.
Following the end of the period
during which an election may be
held on question (B)(4) as set
forth in that section, sales of
intoxicating liquor may continue
at an outdoor performing arts center
under a D-6 permit issued
under this division, unless
an election on that question is held
during the permitted period and a
majority of the
voters voting in
the precinct on that question vote
"no." As used in this division,
"outdoor performing arts center"
means
an outdoor performing arts center that is located on not
less than eight
hundred acres of land and that is open for
performances from the
first day of April to the last day of
October of each
year. (G)
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, a conservancy
district, a park district created under Chapter 1545. of the
Revised Code, or another 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
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. (H) If the restriction to licensed
premises where the sale
of
food and other goods and services
exceeds fifty per cent of the
total gross receipts of the permit
holder at the premises is
applicable, the division of liquor
control may accept an affidavit
from the permit holder to show
the proportion of the permit
holder's gross receipts derived from the sale of
food and other
goods and services. If the liquor control
commission determines
that affidavit to have been false, it
shall revoke the permits of
the permit holder at the premises
concerned. (H)(I) 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,
D-5k, or D-7 permit. The fee for
the D-6
permit is two
hundred dollars when it is issued to the
holder of a
C-2 permit.
Sec. 4303.204. (A) The division of liquor control may issue
an F-4 permit to an association or corporation organized
not-for-profit in this state to conduct an event that includes the
introduction, showcasing, or promotion of Ohio wines, if the event
has all of the following characteristics:
(1) It is coordinated by that association or corporation,
and the association or corporation is responsible for the
activities at it. (2) It has as one of its purposes the intent to introduce,
showcase, or promote Ohio wines to persons who attend it. (3) It includes the sale of food for consumption on the
premises where sold. (4) It features at least three A-2 permit holders who sell
Ohio wine at it.
(B) The holder of an F-4 permit may furnish, without charge,
wine that it has obtained from the A-2 permit holders that are
participating in the event for which the F-4 permit is issued, in
two-ounce samples for consumption on the premises where furnished
and may sell such wine by the glass for consumption on the
premises where sold. The holder of an A-2 permit that is
participating in the event for which the F-4 permit is issued may
sell wine that it has manufactured, in sealed containers for
consumption off the premises where sold. Wine may be furnished or
sold on the premises of the event for which the F-4 permit is
issued only where and when the sale of wine is otherwise permitted
by law. (C) The premises of the event for which the F-4 permit is
issued shall be clearly defined and sufficiently restricted to
allow proper enforcement of the permit by state and local law
enforcement officers. If an F-4 permit is issued for all or a
portion of the same premises for which another class of permit is
issued, that permit holder's privileges will be suspended in that
portion of the premises in which the F-4 permit is in effect. (D) No F-4 permit shall be effective for more than
seventy-two consecutive hours. No sales or furnishing of wine
shall take place under an F-4 permit after one a.m. (E) The division shall not issue more than six F-4 permits
to the same not-for-profit association or corporation in any one
calendar year. (F) An applicant for an F-4 permit shall apply for the
permit not later than thirty days prior to the first day of the
event for which the permit is sought. The application for the
permit shall list all of the A-2 permit holders that will
participate in the event for which the F-4 permit is sought. The
fee for the F-4 permit is thirty dollars per day. The division shall prepare and make available an F-4 permit
application form and may require applicants for and holders of the
F-4 permit to provide information that is in addition to that
required by this section and that is necessary for the
administration of this section. (G)(1) The holder of an F-4 permit is responsible for, and
is subject to penalties for, any violations of this chapter or
Chapter 4301. of the Revised Code or the rules adopted under this
and that chapter. (2) An F-4 permit holder shall not allow an A-2 permit
holder to participate in the event for which the F-4 permit is
issued if the A-2 or A-1-A permit of that A-2 permit holder is
under suspension. (3) The division may refuse to issue an F-4 permit to an
applicant who has violated any provision of this chapter or
Chapter 4301. of the Revised Code during the applicant's previous
operation under an F-4 permit, for a period of up to two years
after the date of the violation. (H)(1) Notwithstanding division (E) of section 4301.22 of
the Revised Code, an A-2 permit holder that participates in an
event for which an F-4 permit is issued may donate wine that it
has manufactured to the holder of that F-4 permit. The holder of
an F-4 permit may return unused and sealed containers of wine to
the A-2 permit holder that donated the wine at the conclusion of
the event for which the F-4 permit was issued. (2) The participation by an A-2 permit holder or its
employees in an event for which an F-4 permit is issued does not
violate section 4301.24 of the Revised Code.
Sec. 4303.22. Permit H may be
issued for a fee of one
hundred fifty dollars to a carrier by
motor vehicle who also holds
a license issued by the public
utilities commission to transport
beer, intoxicating liquor, and
alcohol, or any of them, in this
state for delivery or use in
this state. This section does not
prevent the division of
liquor control from contracting with
common or contract carriers
for the delivery or transportation of
liquor for the division,
and any contract or common carrier so
contracting with the
division is eligible for an H permit.
Manufacturers or
wholesale distributors of beer or intoxicating
liquor other than
spirituous liquor who transport or deliver their
own products to
or from their premises licensed under
Chapters
this chapter and
Chapter 4301.
and 4303. of the Revised Code by
their own
trucks as an incident to the
purchase or sale of such
beverages need not obtain an H permit.
Carriers by rail shall
receive
such
an H permit upon application
therefor
for it. This section does not prevent the division from issuing, upon
the payment of
the permit fee, an H
permit to any person,
partnership, firm, or corporation, licensed
by any other state to
engage in the business of manufacturing and
brewing or producing
beer,
malt liquor, wine, and mixed beverages
or any person,
partnership, firm, or corporation, licensed by the
United States
or any other state to engage in the business of
importing beer,
malt liquor, wine, and mixed beverages
manufactured outside the
United States.
Such
The manufacturer,
brewer, or importer of
products manufactured outside the United
States, upon the issuance
of an H permit, may transport, ship,
and deliver only its own
products to holders of B-1 or B-5
permits in Ohio in motor trucks
and equipment owned and operated
by such class H permit holder.
No
H permit shall be issued by
the division to such applicant
until
the applicant
files with the
division a liability insurance
certificate or policy
satisfactory to the division, in a sum of
not less than one
thousand nor more than five thousand dollars for
property damage
and for not less than five thousand nor more than
fifty thousand
dollars for loss sustained by reason of injury or
death and with
such other terms as the division considers
necessary to
adequately protect the interest of the public, having
due regard
for the number of persons and amount of property
affected.
Such
The certificate or policy shall insure the
manufacturer, brewer, or
importer of products manufactured outside
the United States
against loss sustained by reason of the death of
or injury to
persons, and for loss of or damage to property, from
the
negligence of such class H permit holder in the operation of
its
motor vehicles or equipment in this state.
Sec. 4303.29. (A) No permit, other than an H permit,
shall
be issued to a firm or partnership unless all the members
of
said
the firm or partnership are citizens of the United States and
a
majority have resided in this state for one year prior to
application for
such
the permit. No permit, other than an H
permit,
shall be issued to an individual who is not a
citizen of
the
United States who has resided in this state for at least one
year
prior to application for
such
the permit. No permit, other
than an E
or H permit, shall be issued to any corporation
organized under
the laws of any country, territory, or state other
than
Ohio
this state
until it has furnished the division of liquor
control with
evidence that it has complied with the laws of this
state
relating to the transaction of business in this state. The division may refuse to issue any permit to or refuse
to
renew any permit of any person convicted of any felony that is
reasonably related to the person's fitness to operate a
liquor
permit
business in this state. No holder of a permit shall sell,
assign, transfer, or pledge
such
the permit, without the written
consent of the division. (B)(1) No more than one of each type of C or D
permits
permit
shall be issued to any one person, firm, or corporation in
any
county having a population of less than twenty-five thousand,
and
no more than one of each type of C or D
permits
permit shall
be issued to any one
person, firm, or corporation for any
additional twenty-five
thousand or major fraction thereof in any
county having a greater
population than twenty-five thousand,
provided that, in the case
of D-3, D-3a, D-4, and D-5 permits, no
more than one permit shall
be issued to any one person, firm, or
corporation in any county
having a population of less than fifty
thousand, and no more than
one such permit
shall be issued to any
one person, firm, or corporation for any
additional fifty thousand
or major fraction thereof in any county
having a greater
population than fifty thousand. (2) No D-3 permit shall be issued to any club unless
such
the
club has been continuously engaged in the activity specified
in
section 4303.15 of the Revised Code, as a qualification for
such
that
class of permit, for two years at the time
such
the
permit is issued. (3)(a) Subject to division (B)(3)(b) of this section, upon
application by properly qualified persons, one C-1 and C-2 permit
shall be issued for each one thousand population or part
thereof
of that population,
and one D-1 and D-2 permit shall be issued for
each two thousand
population or part
thereof
of that population,
in each municipal corporation and in
the unincorporated area of
each township. Subject to division (B)(3)(b) of this section, not more
than
one D-3, D-4, or D-5 permit shall be issued for each two
thousand
population, or part
thereof,
of that population in any municipal
corporation and in
the unincorporated area of any township,
except
that, in any city
of a population of fifty-five thousand or
more,
one D-3 permit may
be issued for each fifteen hundred
population,
or part
thereof
of that population. (b)
Nothing in division
(i) Division (B)(3)(a) of this
section
shall be
construed to
does not prohibit the transfer of
location or the transfer of
ownership and location of a C-1, C-2,
D-1, D-2, D-3, or D-5
permit
from a municipal corporation or the
unincorporated area of
a
township in which the number of permits
of that class exceeds
the
number of such permits authorized to be
issued under division
(B)(3)(a) of this section to an economic
development project
located in another municipal corporation or
the unincorporated
area of another township in which no additional
permits of that
class may be issued
to the applicant under
division (B)(3)(a) of
this section, but the transfer of location
or transfer of ownership and location of the permit may occur only
if the applicant notifies
the municipal corporation or township to
which the location of the
permit will be transferred regarding the
transfer and that
municipal corporation or township acknowledges
in
writing to the division of liquor control, at the time the
application for the transfer of location or transfer of ownership
and location of the permit is filed, that the transfer will be to
an economic development project. This acknowledgment by the
municipal corporation or township does not prohibit it from
requesting a hearing under section 4303.26 of the Revised Code.
The applicant is
eligible to apply for and receive the transfer of
location of the
permit under division (B)(3)(b) of this section if
all permits of
that class that may be issued under division
(B)(3)(a) of this
section in the applicable municipal corporation
or unincorporated
area of the township have already been issued or
if the number of
applications filed for permits of that class in
that municipal
corporation or the unincorporated area of that
township exceed the
number of permits of that class that may be
issued there under
division (B)(3)(a) of this section. A permit
transferred under division (B)(3)(b) of this section
may be
subsequently transferred to a different owner at the same
location, or to the same owner or a different owner at a different
location in the same municipal
corporation or in the
unincorporated area of the same township, as
long as the same or
new location meets the economic development project criteria set
forth in this section. (ii) Factors that shall be used to determine the designation
of
an
economic development project include, but are not limited
to,
architectural certification of the plans and the cost of the
project, the number of jobs that will be created by the project,
projected earnings of the project, projected tax revenues for the
political subdivisions in which the project will be located, and
the amount of financial investment in the project. The
superintendent of
liquor control shall determine whether the
existing or
proposed business that is seeking a permit described
in division
(B)(3)(b) of this section qualifies as an economic
development
project and, if the superintendent determines that it
so
qualifies, shall designate the business as an economic
development project. (4) Nothing in this section shall be construed to restrict
the issuance of a permit to a municipal corporation for use at a
municipally owned airport at which commercial airline companies
operate regularly scheduled flights on which space is available
to
the public. A municipal corporation applying for a permit for
such a municipally owned airport is exempt, in regard to that
application, from the population restrictions contained in this
section and from population quota restrictions contained in any
rule of the liquor control commission. A municipal corporation
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a
municipally owned airport is subject to section 4303.31 of the
Revised Code. (5) Nothing in this section shall be construed to prohibit
the issuance of a D permit to the board of trustees of a
soldiers'
memorial for a premises located at a soldiers' memorial
established pursuant to Chapter 345. of the Revised Code. An
application for a D permit by
such a
the board for
such a
those
premises is
exempt from the population restrictions contained in
this section
and from the population quota restrictions contained
in any rule
of the liquor control commission. The location of a D
permit
issued to the board
of trustees of a soldiers' memorial for
a
those
premises
located at a soldiers' memorial shall not be
transferred. A board of trustees of a soldiers' memorial
applying
for a D-1, D-2, D-3, D-4, or D-5 permit for
such a
the
soldiers'
memorial is subject to section 4303.31 of the Revised
Code. (6) Nothing in this section shall be construed to restrict
the issuance of a permit for a premises located at a golf course
owned by a municipal corporation, township, or county, owned by a
park district created under Chapter 1545. of the Revised Code, or
owned by the state. The location of such a permit issued on or
after September 26, 1984, for a premises located at such a golf
course shall not be transferred. Any application for such a
permit is exempt from the population quota restrictions contained
in this section and from the population quota restrictions
contained in any rule of the liquor control commission. A
municipal corporation, township, county, park district, or state
agency applying for a D-1, D-2, D-3, D-4, or D-5 permit for such
a
golf course is subject to section 4303.31 of the Revised Code. (7) As used in division (B)(7) of this section, "fair" has
the same meaning as in section 991.01 of the Revised Code,
"state
fairgrounds" means the property that is held by the state
for the
purpose of conducting fairs, expositions, and exhibits
and that is
maintained and managed by the Ohio expositions
commission under
section 991.03 of the Revised Code, and "capitol
square" has the
same meaning as in section 105.41 of the Revised Code. Nothing in this section shall be construed to restrict the
issuance of one or more D permits to one or more applicants for
all or a part of either the state fairgrounds or capitol square.
An
application for a D
permit for the state fairgrounds or capitol
square is exempt from the
population
quota restrictions contained
in this section and from the
population quota restrictions
contained in any rule of the liquor
control commission. The
location of a D permit issued for the
state fairgrounds or capitol
square shall not be transferred. An applicant
for a
D-1, D-2,
D-3, or D-5 permit for the state fairgrounds is not
subject to
section 4303.31 of the Revised Code. Pursuant to section 1711.09 of the Revised Code, the holder
of a D permit issued for the state fairgrounds shall not deal in
spirituous liquor at the state fairgrounds during, or for one
week
before or for three days after, any fair held at the state
fairgrounds. (8) Nothing in this section shall be construed to prohibit
the issuance of a D permit for a premises located at a zoological
park at which sales have been approved in an election held under
former section 4301.356 of the Revised Code. An application for a
D
permit for such a premises is exempt from the population
restrictions contained in this section, from the population quota
restrictions contained in any rule of the liquor control
commission, and from section 4303.31 of the Revised Code. The
location of a D permit issued for a premises at such a zoological
park shall not be transferred, and no quota or other restrictions
shall be placed on the number of D permits that may be issued for
a premises at such a zoological park. (C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in
any election precinct in any municipal
corporation or in any
election precinct in
the unincorporated area of any township, in
which at the
November, 1933, election a majority of the electors
voting
thereon in the municipal corporation or in the
unincorporated
area of the township voted against the repeal of
Section 9 of
Article XV, Ohio Constitution, unless the sale of
spirituous
liquor by the glass is authorized by a majority vote of
the
electors voting on the question in the precinct at an election
held pursuant
to
this section or by a
majority vote of the
electors of the precinct voting on question (C) at a
special local
option
election held in the precinct pursuant to
section 4301.35
of the Revised Code. Upon the request of an
elector, the board of
elections of the county that encompasses
the precinct shall
furnish the elector
with a copy of the instructions prepared by
the secretary of
state under division (P) of section 3501.05 of
the Revised Code
and, within fifteen days after the request, a
certificate of the
number of signatures required for a valid
petition under this
section. Upon the petition of thirty-five per cent of the total
number
of voters voting in any such precinct for the office of governor
at the
preceding general
election, filed with the board of
elections of the county in
which such precinct is located not
later than seventy-five days before a general election,
such
the
board shall prepare ballots and hold an election at such general
election upon the question of allowing spirituous liquor to be
sold by the glass in such precinct.
Such
The
ballots shall be
approved in form by the secretary of state. The
results of
such
the election shall be certified by the board to the
secretary of
state, who shall certify the
same
results to the division. (2) No holder of a class D-3 permit issued for a boat or
vessel shall sell spirituous liquor in any precinct, in which the
election provided for in this section may be held, unless the
sale
of
such
spirituous liquor by the drink has been authorized by vote
of
the electors as provided in this section or in section 4301.35
of
the Revised Code. (D) Any holder of a C or D permit whose permit premises
were
purchased in 1986 or 1987 by the state of Ohio or any state
agency
for highway purposes shall be issued the same permit at
another
location notwithstanding any quota restrictions contained
in this
chapter or in any rule of the liquor control commission.
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,
D-5k,
or D-6
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
beer, 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,
D-5k, or D-6 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,
D-5k, or
D-6
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,
D-5k, or D-6 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 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,
D-5k, and D-6
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,
D-5k, or D-6
permit shall accompany the application
for each such duplicate
permit.
Sec. 4303.332. An A-1 permit
holder in this state whose
total production of beer
and malt
beverages, wherever produced,
does not exceed thirty-one million
gallons in a calendar year, as
reported under section 4303.33 of
the Revised Code, shall receive
a credit against taxes levied in
the following calendar year under
sections 4301.42 and 4305.01 of
the Revised Code on not more than
nine million three hundred
thousand gallons of beer
or malt
beverages sold or distributed in
this state. The credit may be
claimed monthly against taxes
levied under one or more of
such
those sections as the reports
required
by section 4303.33 of the
Revised Code are due. At the time the
report for December is due
for a calendar year during which a
permit holder is eligible to
receive a credit under this section,
if the permit holder has
claimed less than the credit due on nine
million three hundred
thousand gallons, including credit claimed
on the December report,
the permit holder may claim a refund of
taxes previously reported
and paid under section 4303.33 of the
Revised Code during the
calendar year on a number of gallons
equal to the difference
between nine million three hundred
thousand gallons and the number
of gallons for which a credit has
been claimed under this section.
For the purpose of providing
this refund, taxes previously paid
under section 4303.33 of the
Revised Code during the calendar year
shall not be considered
final until the December report is filed.
The tax commissioner
shall prescribe forms for and allow the
credits and refunds
authorized by this section.
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-5k, F, or F-3 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,
or D-5j, or D-5k 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. 4305.01. For the purpose of reimbursing the state for
the expenses of administering Chapters 4301. and 4303. of the
Revised Code and to provide revenues for the support of the
state,
a tax is hereby levied on the sale or distribution in
Ohio
this
state of beer, whether in barrels or other containers, excepting
in
sealed bottles or cans, at the rate of five dollars and
fifty-eight cents per barrel of thirty-one gallons. The tax commissioner shall exercise, with respect to the
administration of the tax imposed by this section, all the powers
and duties vested in or imposed by sections 4307.04 to 4307.07 of
the Revised Code, so far as consistent with this section.
Manufacturers and consignees of beer in barrels or other
containers, excepting in sealed bottles or cans, and railroad
companies, express companies, and other public carriers
transporting shipments of such beer are subject, with respect to
such tax, to the same duties and entitled to the same privileges
as are required or permitted by
such
those sections. The revenue derived from the tax on the sale and
distribution
of beer pursuant to this section and section 4301.42
of the
Revised Code shall be for the use of the general revenue
fund. The tax refund fund created by section 5703.052 of the
Revised Code may be drawn upon by the tax commissioner for any
refunds authorized to be made by
him
the commissioner in
sections
4303.33,
4307.05, and 4307.07 of the Revised Code for
malt
beverages
beer.
Sec. 4305.03. No person shall make any false entry upon an
invoice, or
container of beer, ale, porter, stout, or other malt
beverage,
when
the entry is required to be made under section
4305.01 of the Revised
Code, or present any such false entry for
the inspection of the tax
commissioner.
Sec. 4305.04. No person shall prevent or hinder the tax
commissioner from
making a full inspection of any place where
beer, ale, porter, stout, or
other malt beverages subject to the
tax imposed by section 4305.01 of the
Revised Code
are
is sold or
stored, or prevent or hinder the
full inspection of invoices,
books, records, or papers required to be kept
under
such
that
section.
Sec. 4399.09. (A) No person shall keep a place where beer or
intoxicating liquors are sold, furnished, or given away in
violation of law. The court, on conviction for a subsequent
offense
violation of this section, shall order the place where
such
the beer or intoxicating
liquor is sold, furnished, or given
away to be abated as a
nuisance, or shall order the person
so
convicted
for such offense to
give bond payable to the state in
the sum of one thousand
dollars, with sureties to the acceptance
of the court, that
such
the
person will not sell, furnish, or give
away beer or intoxicating
liquor in violation of law, and will pay
all fines, costs, and
damages assessed against
him
the person for
such
that subsequent violation
of this section. The
giving away
of beer or
intoxicating liquors, or
any other device to evade this
section
division, constitutes unlawful selling. As used in this
section
division, "beer" has the
same meaning
set forth
as
in section 4301.01 of the Revised Code.
(B) Division (A) of this section does not apply to any
premises for which a permit has been issued under Chapter 4303. of
the Revised Code while that permit is in effect.
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-5k, 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.
Sec. 4399.15. No person, for the purpose of sale, shall
adulterate
spirituous
liquor, alcoholic
liquor, or
malt liquor
beer used or intended for drink or medicinal
or mechanical
purposes, with cocculus indicus, vitriol, grains of paradise,
opium, alum, capsicum, copperas, laurel water, logwood,
Brazilwood, cochineal,
sugar of lead, aloes, glucose, tannic acid,
or any other substance
which
that is
poisonous or injurious to
health, or with a substance not a necessary
ingredient in the
manufacture
thereof
of the spirituous liquor,
alcoholic liquor, or
beer, or sell, offer, or keep
for sale
liquors
spirituous liquor,
alcoholic liquor, or beer that
is so adulterated. In addition to the penalties provided in division (E) of
section 4399.99 of the Revised Code, a person convicted of
violating this
section shall pay all necessary costs and expenses
incurred in inspecting and
analyzing
liquors
spirituous liquor,
alcoholic liquor, or beer that
is so adulterated, sold, kept, or
offered for sale.
Sec. 5733.065. (A) As used in this section,
"litter
stream
products" means: (1) Intoxicating liquor, beer,
malt beverages, wine, mixed
beverages, or spirituous liquor as defined in section 4301.01 of
the Revised Code; (2) Soft drinks as defined in section 913.22 of the
Revised
Code; (3) Glass, metal, plastic, or fiber containers with a
capacity of less than two gallons sold for the purpose of being
incorporated into or becoming a part of a product enumerated in
divisions (A)(1) and (2) of this section; (4) Container crowns and closures sold for the purpose of
being incorporated into or becoming a part of a product
enumerated
in divisions (A)(1) and (2) of this section; (5) Packaging materials transferred or intended for
transfer
of use or possession in conjunction with retail sales of
products
enumerated in divisions (A)(1) and (2) of this section; (6) Packaging materials in the finished form in which they
are to be used, including sacks, bags, cups, lids, straws,
plates,
wrappings, boxes, or containers of any type used in the
packaging
or serving of food or beverages, when the food or
beverages are
prepared for human consumption by a restaurant or
take-out food
outlet at the premises where sold at retail and are
delivered to a
purchaser for consumption off the premises where
the food or
beverages are sold; (7) Cigarettes, cigars, tobacco, matches, candy, and gum. (B) For the purpose of providing additional funding for
the
division of recycling and litter prevention under Chapter
1502. of
the Revised Code, there is hereby levied an additional
tax on
corporations for the privilege of manufacturing or selling
litter
stream products in this state. The tax imposed by this section is
in
addition to the tax charged under section 5733.06 of the
Revised
Code, computed at the rate prescribed by section 5733.066
of the
Revised Code. This section does not apply for tax year
1981 to a
corporation whose taxable year for tax year 1981 ended
on or
before June 30, 1980. (C) The tax shall be imposed upon each corporation subject
to the tax imposed by section 5733.06 of the Revised Code that
manufactures or sells litter stream products in this state. The
tax for each year shall be in an amount equal to the greater of
either: (1) Twenty-two hundredths of one per cent upon the value
of
that portion of the taxpayer's issued and outstanding shares
of
stock as determined under division (B) of section 5733.05 of
the
Revised Code that is subject to the rate contained in
division (B)
of section 5733.06 of the Revised Code; (2) Fourteen one-hundredths of a mill times the value of
the
taxpayer's issued and outstanding shares of stock as
determined
under division (C) of section 5733.05 of the
Revised
Code. The additional tax charged any taxpayer or group of
combined
taxpayers pursuant to this section for any tax year
shall not
exceed five thousand dollars. (D)(1) In the case of a corporation engaged in the
business
of manufacturing litter stream products, no tax shall be
due under
this section unless the sale of litter stream products
in this
state during the taxable year exceeds five per cent of
the total
sales in this state of the corporation during that
period or
unless the total sales in this state of litter stream
products by
the corporation during the taxable year exceed ten
million
dollars. (2) In the case of a corporation engaged in the business
of
selling litter stream products in the form in which the item
is or
is to be received, no tax shall be due under this section
unless
the corporation's sales of litter stream products in this
state
during the taxable year constitute more than five per cent
of its
total sales in this state during that period. (3) In the case of a corporation transferring possession
of
litter stream products included in division (A)(6) of this
section, in which food or beverages prepared for human
consumption
are placed, when the food or beverages are prepared
for retail
sale at the premises where sold and are delivered to a
purchaser
for consumption off the premises where the food or
beverages are
sold, no tax shall be due under this section unless
such sales for
off-premises consumption during the taxable year
exceed five per
cent of the corporation's total annual sales
during the taxable
year. (E)(1) The tax imposed by this section is due in the
proportions and on the dates on which the tax imposed by section
5733.06 of the Revised Code may be paid without penalty. (2) Payment of the tax and any reports or returns required
to enable the tax commissioner to determine the correct amount of
the tax shall be submitted with and are due at the same time as
payments and reports required to be submitted under this chapter. (3) If the tax is not paid in full on or before the date
required by division (E)(1) of this section, the unpaid portion
of
the tax due and unpaid shall be subject to all provisions of
this
chapter for the collection of unpaid, delinquent taxes
imposed by
section 5733.06 of the Revised Code, except that all
such taxes,
interest, and penalties, when collected, shall be
treated as
proceeds arising from the tax imposed by this section
and shall be
deposited in the general revenue fund. The tax levied on corporations under this section does not
prohibit or otherwise limit the authority of municipal
corporations to impose an income tax on the income of such
corporations.
Sec. 5739.02. For the purpose of providing revenue with
which to meet the needs of the state, for the use of the general
revenue
fund of the state, for the purpose of securing a thorough
and
efficient system of common schools throughout the state, for
the purpose of affording revenues, in addition to those from
general property taxes, permitted under constitutional
limitations, and from other sources, for the support of local
governmental functions, and for the purpose of reimbursing the
state for the expense of administering this chapter, an excise
tax
is hereby levied on each retail sale made in this state. (A) The tax shall be collected pursuant to the schedules
in
section 5739.025 of the Revised Code. The tax applies and is collectible when the sale is made,
regardless of the time when the price is paid or delivered. In the case of a sale, the price of which consists in whole
or in part of rentals for the use of the thing transferred, the
tax, as regards
such
those rentals, shall be measured by the
installments
thereof
of those rentals. In the case of a sale of a service defined under division
(MM) or (NN) of section 5739.01 of the Revised Code, the price of
which consists in whole or in part of a membership for the
receipt
of the benefit of the service, the tax applicable to the
sale
shall be measured by the installments thereof. (B) The tax does not apply to the following: (1) Sales to the state or any of its political
subdivisions,
or to any other state or its political subdivisions
if the laws of
that state exempt from taxation sales made to this
state and its
political subdivisions; (2) Sales of food for human consumption off the premises
where sold; (3) Sales of food sold to students only in a cafeteria,
dormitory, fraternity, or sorority maintained in a private,
public, or parochial school, college, or university; (4) Sales of newspapers, and of magazine subscriptions
shipped by second class mail, and sales or transfers of magazines
distributed as controlled circulation publications; (5) The furnishing, preparing, or serving of meals without
charge by an employer to an employee provided the employer
records
the meals as part compensation for services performed or
work
done; (6) Sales of motor fuel upon receipt, use,
distribution, or
sale of which in this state a tax is imposed by
the law of this
state, but this exemption shall not apply to the
sale of motor
fuel on which a refund of the tax is
allowable under section
5735.14 of the Revised Code; and the tax
commissioner may deduct
the amount of tax levied by this section
applicable to the price
of motor fuel when granting a
refund of motor fuel tax pursuant to
section 5735.14 of
the Revised Code and shall cause the amount
deducted to be paid
into the general revenue fund of this state; (7) Sales of natural gas by a natural gas company, of water
by a water-works
company, or of steam by a heating company, if in
each case the
thing sold is delivered to consumers through pipes
or
conduits, and all sales of communications services by a
telephone
or telegraph company, all terms as defined in section
5727.01 of
the Revised Code; (8) Casual sales by a person, or auctioneer employed
directly by the person to conduct such sales, except as to
such
sales of
motor vehicles, watercraft or outboard motors required to
be
titled under section 1548.06 of the Revised Code, watercraft
documented with the United States coast guard, snowmobiles, and
all-purpose vehicles as defined in section 4519.01 of the Revised
Code; (9) Sales of services or tangible personal property, other
than motor vehicles, mobile homes, and manufactured
homes, by
churches, organizations exempt from taxation under
section
501(c)(3) of the Internal Revenue
Code of 1986, or
nonprofit
organizations operated exclusively for charitable
purposes as
defined in division (B)(12) of this section, provided
that the
number of days on which such tangible personal property
or
services, other than items never subject to the tax, are sold
does
not exceed six in any calendar year. If the number of days
on
which such sales are made exceeds six in any calendar year,
the
church or organization shall be considered to be engaged in
business and all subsequent sales by it shall be subject to the
tax. In counting the number of days, all sales by groups within
a
church or within an organization shall be considered to be
sales
of that church or organization, except that sales made by
separate
student clubs and other groups of students of a primary
or
secondary school, and sales made by a parent-teacher
association,
booster group, or similar organization that raises
money to
support or fund curricular or extracurricular activities
of a
primary or secondary school, shall not be considered to be
sales
of such school, and sales by each such club, group,
association,
or organization shall be counted separately for
purposes of the
six-day limitation. This division does not apply
to sales by a
noncommercial educational radio or television
broadcasting
station. (10) Sales not within the taxing power of this state under
the Constitution of the United States; (11) The transportation of persons or property, unless the
transportation is by a private investigation and security
service; (12) Sales of tangible personal property or services to
churches, to organizations exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986, and to any other
nonprofit organizations operated exclusively for charitable
purposes in this state, no part of the net income of which inures
to the benefit of any private shareholder or individual, and no
substantial part of the activities of which consists of carrying
on propaganda or otherwise attempting to influence legislation;
sales to offices administering one or more homes for the aged or
one or more hospital facilities exempt under section 140.08 of
the
Revised Code; and sales to organizations described in
division (D)
of section 5709.12 of the Revised Code. "Charitable purposes" means the relief of poverty; the
improvement of health through the alleviation of illness,
disease,
or injury; the operation of an organization
exclusively
for the
provision of professional, laundry, printing, and
purchasing
services to hospitals or charitable institutions;
the
operation of
a home for the aged, as defined in section 5701.13
of the Revised
Code; the operation of a radio or television
broadcasting station
that is licensed by the federal
communications commission as a
noncommercial educational radio or
television station; the
operation of a nonprofit animal
adoption service or a county
humane society; the promotion of
education by an institution of
learning that maintains a faculty of
qualified instructors,
teaches regular continuous courses of study, and
confers a
recognized diploma upon completion of a specific
curriculum; the
operation of a parent-teacher association,
booster group, or
similar organization primarily engaged in the
promotion and
support of the curricular or extracurricular
activities of a
primary or secondary school; the operation of a
community or area
center in which presentations in music,
dramatics, the arts, and
related fields are made in order to
foster public interest and
education therein; the production of
performances in music,
dramatics, and the arts; or the
promotion of education by an
organization engaged in carrying on research
in, or the
dissemination of, scientific and technological
knowledge and
information primarily for the public. Nothing in this division shall be deemed to exempt sales to
any organization for use in the operation or carrying on of a
trade or business, or sales to a home for the aged for use in the
operation of independent living facilities as defined in division
(A) of section 5709.12 of the Revised Code. (13) Building and construction materials and services sold
to construction contractors for incorporation into a structure or
improvement to real property under a construction contract with
this state or a political subdivision
thereof
of this state,
or
with the United
States government or any of its agencies; building
and
construction materials and services sold to construction
contractors for incorporation into a structure or improvement to
real property that are accepted for ownership by this
state or
any
of its political subdivisions, or by the United States
government
or any of its agencies at the time of completion of
such
the
structures or improvements; building and construction
materials
sold to construction contractors for incorporation into
a
horticulture structure or livestock structure for a person
engaged
in the business of horticulture or producing livestock;
building
materials and services sold to a construction contractor
for
incorporation into a house of public worship or religious
education, or a building used exclusively for charitable purposes
under a construction contract with an organization whose purpose
is as described in division (B)(12) of this section; building
materials and
services sold to a construction contractor for
incorporation into a building
under a construction contract with
an organization exempt from taxation under
section 501(c)(3) of
the Internal Revenue
Code of 1986 when the building is to be used
exclusively for the
organization's exempt purposes; building and
construction materials sold for incorporation into the original
construction of a sports facility under section 307.696 of the
Revised Code; and building and construction materials and
services
sold to a construction contractor for incorporation into
real
property outside this state if such materials and services,
when
sold to a construction contractor in the state in which the
real
property is located for incorporation into real property in
that
state, would be exempt from a tax on sales levied by that
state; (14) Sales of ships or vessels or rail rolling stock used or
to be
used principally in interstate or foreign commerce, and
repairs,
alterations, fuel, and lubricants for such ships or
vessels or rail rolling
stock; (15) Sales to persons engaged in any of the activities
mentioned in division (E)(2) or (9) of section 5739.01 of the
Revised Code, to persons engaged in making retail sales, or to
persons who purchase for sale from a manufacturer tangible
personal property that was produced by the manufacturer in
accordance with specific designs provided by the purchaser, of
packages, including material, labels, and parts for packages, and
of
machinery, equipment, and material for use primarily in
packaging
tangible personal property produced for sale, including
any machinery,
equipment, and supplies used to make labels or
packages, to prepare packages
or products for labeling, or to
label packages or products, by or on the order
of the person doing
the packaging, or sold at retail.
"Packages"
includes bags,
baskets, cartons, crates, boxes, cans, bottles,
bindings,
wrappings, and other similar devices and containers, and
"packaging" means placing therein. (16) Sales of food to persons using food stamp
benefits to
purchase the food. As used in division (B)(16) of
this section,
"food" has the same meaning as in the
"Food Stamp
Act of 1977,"
91
Stat. 958, 7 U.S.C. 2012, as amended, and federal
regulations
adopted pursuant to that act. (17) Sales to persons engaged in farming, agriculture,
horticulture, or floriculture, of tangible personal property for
use or consumption directly in the production by farming,
agriculture, horticulture, or floriculture of other tangible
personal property for use or consumption directly in the
production of tangible personal property for sale by farming,
agriculture, horticulture, or floriculture; or material and parts
for incorporation into any such tangible personal property for
use
or consumption in production; and of tangible personal
property
for such use or consumption in the conditioning or
holding of
products produced by and for such use, consumption, or
sale by
persons engaged in farming, agriculture, horticulture, or
floriculture, except where such property is incorporated into real
property; (18) Sales of drugs dispensed by a licensed
pharmacist
upon
the order of a licensed health professional
authorized to
prescribe drugs to a human being, as the term
"licensed health
professional authorized to prescribe drugs" is defined in section
4729.01
of the Revised Code;
insulin as recognized in the official
United States pharmacopoeia; urine and blood testing materials
when used by diabetics or persons with hypoglycemia to test for
glucose or acetone; hypodermic syringes and needles when used by
diabetics for insulin injections; epoetin alfa when purchased for
use in
the treatment of persons with end-stage renal disease;
hospital
beds when purchased
for use by persons with medical
problems for medical purposes;
and oxygen and oxygen-dispensing
equipment when purchased for use
by persons with medical problems
for medical purposes; (19)(a) Sales of artificial limbs or portion thereof, breast
prostheses, and other prosthetic devices for humans; braces or
other devices for supporting weakened or nonfunctioning parts of
the human body; crutches
or other devices to aid human
perambulation; and items
of tangible
personal property used to
supplement impaired
functions of the
human body such as
respiration, hearing, or
elimination;
(b) Sales of wheelchairs; items incorporated into or used in
conjunction with a motor vehicle for the purpose of transporting
wheelchairs, other than transportation conducted in connection
with the sale or delivery of wheelchairs; and items incorporated
into or used in conjunction with a motor vehicle that are
specifically designed to assist a person with a disability to
access or operate the motor vehicle. As used in this division,
"person with a disability" means any person who has lost the use
of one or both legs or one or both arms, who is blind, deaf, or
disabled to the extent that the person is unable to move about
without the aid of crutches or a wheelchair, or whose mobility is
restricted by a permanent cardiovascular, pulmonary, or other
disabling condition.
(c) No
exemption under this division shall be allowed
for
nonprescription
drugs, medicines, or remedies; items or
devices
used to supplement
vision; items or devices whose
function is
solely or primarily
cosmetic; or physical fitness
equipment. This
division does not
apply to sales to a physician
or medical
facility for use in the
treatment of a patient. (20) Sales of emergency and fire protection vehicles and
equipment to nonprofit organizations for use solely in providing
fire protection and emergency services, including trauma care and
emergency
medical services, for political subdivisions of the
state; (21) Sales of tangible personal property manufactured in
this state, if sold by the manufacturer in this state to a
retailer for use in the retail business of the retailer outside of
this state and
if possession is taken from the manufacturer by the
purchaser
within this state for the sole purpose of immediately
removing
the same from this state in a vehicle owned by the
purchaser; (22) Sales of services provided by the state or any of its
political subdivisions, agencies, instrumentalities,
institutions,
or authorities, or by governmental entities of the
state or any of
its political subdivisions, agencies,
instrumentalities,
institutions, or authorities; (23) Sales of motor vehicles to nonresidents of this state
upon the presentation of an affidavit executed in this state by
the nonresident purchaser affirming that the purchaser is a
nonresident of this state, that possession of the motor vehicle
is
taken in this state for the sole purpose of immediately
removing
it from this state, that the motor vehicle will be
permanently
titled and registered in another state, and that the
motor vehicle
will not be used in this state; (24) Sales to persons engaged in the preparation of eggs
for
sale of tangible personal property used or consumed directly
in
such preparation, including such tangible personal property
used
for cleaning, sanitizing, preserving, grading, sorting, and
classifying by size; packages, including material and parts for
packages, and machinery, equipment, and material for use in
packaging eggs for sale; and handling and transportation
equipment
and parts therefor, except motor vehicles licensed to
operate on
public highways, used in intraplant or interplant
transfers or
shipment of eggs in the process of preparation for
sale, when the
plant or plants within or between which such
transfers or
shipments occur are operated by the same person.
"Packages"
includes containers, cases, baskets, flats, fillers,
filler flats,
cartons, closure materials, labels, and labeling
materials, and
"packaging" means placing therein. (25)(a) Sales of water to a consumer for residential use,
except the sale of bottled water, distilled water, mineral water,
carbonated water, or ice; (b) Sales of water by a nonprofit corporation engaged
exclusively in the treatment, distribution, and sale of water to
consumers, if such water is delivered to consumers through pipes
or tubing. (26) Fees charged for inspection or reinspection of motor
vehicles under section 3704.14 of the Revised Code; (27) Sales to persons licensed to conduct a food service
operation pursuant to section 3717.43 of the Revised Code, of
tangible personal property primarily used directly for the
following: (a) To prepare food for human consumption for sale; (b) To preserve food that has been or will be prepared
for
human consumption for sale by the food service operator, not
including tangible personal property used to display food for
selection by the consumer; (c) To clean tangible personal property used to prepare or
serve food for human consumption for sale. (28) Sales of animals by nonprofit animal adoption
services
or county humane societies; (29) Sales of services to a corporation described in
division (A) of section 5709.72 of the Revised Code, and sales of
tangible personal property that qualifies for exemption from
taxation under section 5709.72 of the Revised Code; (30) Sales and installation of agricultural land tile, as
defined in division (B)(5)(a) of section 5739.01 of the Revised
Code; (31) Sales and erection or installation of portable grain
bins, as defined in division (B)(5)(b) of section 5739.01 of the
Revised Code; (32) The sale, lease, repair, and maintenance of, parts
for,
or items attached to or incorporated in, motor
vehicles
that
are
primarily used for transporting tangible personal property by
a
person engaged in highway transportation for hire; (33) Sales to the state headquarters of any veterans'
organization in Ohio that is either incorporated and issued a
charter by the congress of the United States or is recognized by
the United States veterans administration, for use by the
headquarters; (34) Sales to a telecommunications service vendor of
tangible personal property and services used directly and
primarily in transmitting, receiving, switching, or recording any
interactive, two-way electromagnetic communications, including
voice, image, data, and information, through the use of any
medium, including, but not limited to, poles, wires, cables,
switching equipment, computers, and record storage devices and
media, and component parts for the tangible personal property.
The exemption provided in division (B)(34) of this section
shall
be in lieu of all other exceptions under division (E)(2) of
section 5739.01 of the Revised Code to which a telecommunications
service vendor may otherwise be entitled based upon the use of
the
thing purchased in providing the telecommunications service. (35) Sales of investment metal bullion and investment
coins.
"Investment metal bullion" means any elementary precious
metal
that has been put through a process of smelting or
refining,
including, but not limited to, gold, silver, platinum,
and
palladium, and which is in such state or condition that its
value
depends upon its content and not upon its form.
"Investment metal
bullion" does not include fabricated precious
metal that has been
processed or manufactured for one or
more
specific and customary
industrial, professional, or artistic
uses.
"Investment coins"
means numismatic coins or other forms
of money and legal tender
manufactured of gold, silver, platinum,
palladium, or other metal
under the laws of the United States or
any foreign nation with a
fair market value greater than any
statutory or nominal value of
such coins. (36)(a) Sales where the purpose of the consumer is to use
or
consume the things transferred in making retail sales and
consisting of newspaper inserts, catalogues, coupons, flyers,
gift
certificates, or other advertising material that
prices and
describes tangible personal property offered for retail sale. (b) Sales to direct marketing vendors of preliminary
materials such as photographs, artwork, and typesetting that will
be used in printing advertising material; of printed matter that
offers free merchandise or chances to win sweepstake prizes and
that is mailed to potential customers with advertising material
described in division (B)(36)(a) of this section; and of
equipment
such as telephones, computers, facsimile machines, and
similar
tangible personal property primarily used to accept
orders for
direct marketing retail sales. (c) Sales of automatic food vending machines that preserve
food with a shelf life of forty-five days or less by
refrigeration
and dispense it to the consumer. For purposes of division (B)(36) of this section,
"direct
marketing" means the method of selling where consumers order
tangible personal property by United States mail, delivery
service, or telecommunication and the vendor delivers or ships
the
tangible personal property sold to the consumer from a
warehouse,
catalogue distribution center, or similar fulfillment
facility by
means of the United States mail, delivery service, or
common
carrier. (37) Sales to a person engaged in the business of
horticulture or producing livestock of materials to be
incorporated into a horticulture structure or livestock
structure; (38) The sale of a motor vehicle that is used exclusively
for a vanpool
ridesharing arrangement to persons participating in
the vanpool ridesharing
arrangement when the vendor is selling the
vehicle pursuant to a contract
between the vendor and the
department of transportation; (39) Sales of personal computers, computer monitors,
computer keyboards,
modems, and other peripheral computer
equipment to an individual who is
licensed or certified to teach
in an elementary or a secondary school in this
state for use by
that individual in preparation for teaching elementary or
secondary school students; (40) Sales to a professional racing team of any of the
following: (a) Motor racing vehicles; (b) Repair services for motor racing
vehicles; (c) Items of property that are
attached to or incorporated
in motor racing vehicles, including
engines, chassis, and all
other components of the vehicles, and
all spare, replacement, and
rebuilt parts or components of the
vehicles; except not including
tires, consumable fluids, paint,
and accessories consisting of
instrumentation sensors and
related items added to the vehicle to
collect and transmit data
by means of telemetry and other forms of
communication. (41) Sales of used manufactured homes and used mobile
homes,
as
defined in section 5739.0210 of the Revised Code, made on or
after
January 1, 2000; (42) Sales of tangible personal property and services to
a
provider of electricity used or consumed directly and primarily in
generating, transmitting, or distributing electricity for use by
others,
including property that is or is to be incorporated into
and will become
a part of the consumer's production, transmission,
or distribution
system and that retains its classification as
tangible personal
property after incorporation; fuel or power used
in the
production, transmission, or distribution of electricity;
and
tangible personal property and services used in the repair and
maintenance of the production, transmission, or distribution
system, including only those motor vehicles as are specially
designed and equipped for such use. The exemption provided in
this division shall be in lieu of all other exceptions in division
(E)(2) of section 5739.01 of the Revised Code to
which a provider
of electricity may otherwise be entitled based on the use of the
tangible
personal property or service purchased in generating,
transmitting, or
distributing electricity. For the purpose of the proper administration of this
chapter,
and to prevent the evasion of the tax, it is presumed
that all
sales made in this state are subject to the tax until
the contrary
is established. As used in this section, except in division (B)(16) of this
section,
"food" includes cereals and cereal products, milk and
milk products including ice cream, meat and meat products, fish
and fish products, eggs and egg products, vegetables and
vegetable
products, fruits, fruit products, and pure fruit
juices,
condiments, sugar and sugar products, coffee and coffee
substitutes, tea, and cocoa and cocoa products. It does not
include: spirituous
or malt liquors
or beer; soft drinks; sodas
and
beverages that are ordinarily dispensed at
or in connection
with bars and soda
fountains
or in connection therewith, other
than coffee, tea, and
cocoa;
root beer and root beer extracts;
malt and malt extracts;
mineral
oils, cod liver oils, and halibut
liver oil; medicines,
including
tonics, vitamin preparations, and
other products sold
primarily
for their medicinal properties; and
water, including
mineral,
bottled, and carbonated waters, and ice. (C) The levy of an excise tax on transactions by which
lodging by a hotel is or is to be furnished to transient guests
pursuant to this section and division (B) of section 5739.01 of
the Revised Code does not prevent any of the following: (1) A municipal corporation or township from levying an
excise tax for any lawful purpose not to exceed three per cent on
transactions by which lodging by a hotel is or is to be furnished
to transient guests in addition to the tax levied by this
section.
If a municipal corporation or township repeals a tax
imposed under
division (C)(1) of this section and a county in
which the
municipal corporation or township has territory has a
tax imposed
under division (C) of section 5739.024 of the Revised
Code in
effect, the municipal corporation or township may not
reimpose its
tax as long as that county tax remains in effect. A
municipal
corporation or township in which a tax is levied under
division
(B)(2) of section 351.021 of the Revised Code may not
increase the
rate of its tax levied under division (C)(1) of this
section to
any rate that would cause the total taxes levied under
both of
those divisions to exceed three per cent on any lodging
transaction within the municipal corporation or township. (2) A municipal corporation or a township from levying an
additional excise tax not to exceed three per cent on such
transactions pursuant to division (B) of section 5739.024 of the
Revised Code. Such tax is in addition to any tax imposed under
division (C)(1) of this section. (3) A county from levying an excise tax pursuant to division
(A) of
section 5739.024 of the Revised Code. (4) A county from levying an excise tax not to exceed
three
per cent of such transactions pursuant to division (C) of
section
5739.024 of the Revised Code. Such a tax is in addition
to any
tax imposed under division (C)(3) of this section. (5) A convention facilities authority, as defined in
division (A) of section 351.01 of the Revised Code, from levying
the excise taxes provided for in division (B) of section 351.021
of the Revised Code. (6) A county from levying an excise tax not to exceed one
and one-half per cent of such transactions pursuant to division
(D) of section 5739.024 of the Revised Code. Such tax is in
addition to any tax imposed under division (C)(3) or (4) of this
section. (7) A county from levying an excise tax not to exceed one
and one-half per cent of such transactions pursuant to division
(E) of section 5739.024 of the Revised Code. Such a tax is in
addition to any tax imposed under division (C)(3), (4), or (6) of
this section. (D) The levy of this tax on retail sales of recreation and
sports
club service shall not prevent a municipal corporation from
levying any tax on
recreation and sports club dues or on any
income generated by recreation and
sports club dues.
Section 2. That existing sections 1333.82, 1502.07, 3719.44,
4301.01,
4301.03, 4301.041, 4301.042, 4301.24, 4301.241, 4301.333,
4301.355, 4301.365, 4301.37,
4301.402, 4301.42,
4301.47,
4301.54,
4301.55, 4301.62, 4303.01,
4303.02, 4303.06, 4303.07, 4303.10,
4303.181, 4303.182, 4303.22,
4303.29,
4303.30,
4303.332, 4303.35,
4305.01, 4305.03, 4305.04, 4399.09, 4399.12,
4399.15,
5733.065,
and 5739.02
of the
Revised Code are hereby
repealed.
Section 3. Section 5739.02 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 94 and Sub. H.B. 117 of
the 124th General
Assembly. The
General Assembly, applying the
principle stated in
division (B) of
section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
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