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Am. Sub. H. B. No. 306As Reported by the Senate Agriculture CommitteeAs Reported by the Senate Agriculture Committee
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Wolpert, Aslanides, Barrett, Carmichael, Collier, DeBose, C. Evans, Flowers, Key, Martin, T. Patton, Price, S. Smith, D. Stewart, Woodard, Yates
A BILL
To amend sections 109.572, 121.08, 307.697, 351.26, 924.51,
1333.83, 2933.41, 4301.07,
4301.10, 4301.19, 4301.20, 4301.22, 4301.24, 4301.29,
4301.30, 4301.39,
4301.41, 4301.424,
4301.99,
4303.03, 4303.07,
4303.09, 4303.181, 4303.203, 4303.204,
4303.231, 4303.24, 4303.25,
4303.27, 4303.271,
4303.292, 4303.293,
4303.30, 4399.02,
4399.04,
4399.07,
4399.08, and 4399.18, to
enact
section
4301.77, and
to repeal section
4399.01 of
the
Revised Code to
eliminate the
authority of the
Division of Liquor
Control to
order liquor permit
holders to stop
selling
intoxicating liquor to
certain persons; to
authorize the Division to
share
social security
numbers with other state or local law enforcement
agencies
for specific
purposes; to authorize the Department of Commerce or, if acting with authorization on the Department's behalf, the Division to seek BCII or FBI
criminal records
checks for certain individuals associated with the issuance or transfer of permits, licenses, or certifications; to modify provisions relating to the
annual
permit
fees for A-2,
B-2, and B-4 permit
holders;
to change the name of the out-of-state supplier "consent to import"; to change the registration fee for agents, solicitors, and sales persons of beer or intoxicating liquor manufacturers, suppliers, brokers, or wholesale distributors to a biennial fee; to
revise the
deadline for paying
a
permit fee when a
person
applies for a liquor
permit; to change
provisions
that require the
disclosure of
shareholders of or holders of
membership interests
in a
corporation or limited
liability company
applying
for a liquor permit; to
correct
references
to the
"Department of Liquor
Control"
and "Director
of
Liquor Control;" to change the manner in which beer, intoxicating liquor, and alcohol seized by a law enforcement agency is disposed of; to revise when duplicate permit fees are paid; to change the qualifications for issuance of the D-5a and D-5i permits; and to
revise
other provisions
of
the Liquor Control Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.572, 121.08, 307.697, 351.26, 924.51,
1333.83, 2933.41, 4301.07,
4301.10, 4301.19, 4301.20, 4301.22, 4301.24, 4301.29, 4301.30, 4301.39,
4301.41, 4301.424,
4301.99, 4303.03,
4303.07, 4303.09, 4303.181,
4303.203, 4303.204,
4303.231, 4303.24, 4303.25, 4303.27,
4303.271, 4303.292, 4303.293, 4303.30,
4399.02,
4399.04,
4399.07, 4399.08,
and 4399.18 be amended and
section
4301.77 of
the Revised Code be
enacted to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section. (2) On receipt of a request pursuant to section 5123.081 of the Revised Code with respect to an applicant for employment in any position with the department of mental retardation and developmental disabilities, pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities, or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a direct services position with an entity contracting with a county board for employment, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code; (b) An existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section. (3) On receipt of a request pursuant to section 173.41, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position that involves providing direct care to an older adult. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section. (4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section. (5) On receipt of a request pursuant to section 5111.95 or 5111.96 of the Revised Code with respect to an applicant for employment with a waiver agency participating in a department of job and family services administered home and community-based waiver program or an independent provider participating in a department administered home and community-based waiver program in a position that involves providing home and community-based waiver services to consumers with disabilities, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request
previously has been
convicted of or pleaded guilty to any of
the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section. (6) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section. (7) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, in addition to the determination made under division (A)(1) of this section, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code. (8) When conducting a criminal records check on a request pursuant to section 2151.86 of the Revised Code for a person who is a prospective foster caregiver or who is eighteen years old or older and resides in the home of a prospective foster caregiver, the superintendent, in addition to the determination made under division (A)(1) of this section, shall determine whether any information exists that indicates that the person has been convicted of or pleaded guilty to a violation of any of the following: (a) Section 2909.02 or 2909.03 of the Revised Code; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to section 2909.02 or 2909.03 of the Revised Code. (9) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person, board, or entity that made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this section, as appropriate. The superintendent shall send the person, board, or entity that made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this section, as appropriate. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (6) of this section. (B) The superintendent shall conduct any criminal records check requested under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows: (1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code; (2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request and shall review or cause to be reviewed any information the superintendent receives from that bureau.
(3) The superintendent or the superintendent's designee may request criminal history records from other states of the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. (C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request. (4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic
method. (D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or (b) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check. (E) As used in this section: (1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section. (2) "Home and community-based waiver services" and "waiver agency" have the same meanings as in section 5111.95 of the Revised Code. (3) "Independent provider" has the same meaning as in section 5111.96 of the Revised Code. (4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code. (5) "Older adult" means a person age sixty or older.
Sec. 121.08. (A) There is hereby created in the
department
of commerce the position of deputy director of
administration.
This officer shall be appointed by the director of commerce,
serve
under the director's direction,
supervision, and control, perform
such the duties as the director
prescribes, and hold office during the
director's pleasure.
The director of commerce may designate an
assistant director of
commerce to serve as the deputy director of
administration. The deputy director of administration shall
perform such the
duties as
are prescribed by the director of commerce
in supervising the
activities of the division of administration of
the department of
commerce.
(B) Except as provided in section 121.07 of the Revised
Code,
the department of commerce shall have all powers and perform
all
duties vested in the deputy director of administration, the
state fire
marshal,
the superintendent of financial institutions,
the superintendent of real
estate and professional licensing, the
superintendent of liquor control, the superintendent of the
division of
industrial compliance, the superintendent of labor and
worker
safety, and the commissioner of
securities, and shall have
all powers and perform all duties
vested by law in all officers,
deputies, and employees of such those
offices. Except as provided in
section 121.07 of the Revised
Code, wherever powers are conferred
or duties imposed upon any of
such those officers, such the powers and
duties shall be construed as
vested in the department of commerce. (C)(1) There is hereby created in the department of commerce
a
division of financial institutions, which shall have all powers
and perform all
duties vested by law in the superintendent of
financial institutions.
Wherever
powers are conferred or duties
imposed upon the superintendent of
financial institutions, such those
powers and duties shall be construed
as vested in the
division of
financial institutions. The division of
financial institutions
shall be administered
by a superintendent of financial
institutions. (2) All provisions of law governing the superintendent of
financial institutions
shall apply to and govern the
superintendent of financial institutions
provided
for in this
section; all authority vested by law in the
superintendent of
financial institutions with respect to the
management of the
division of financial institutions shall be construed as vested in
the
superintendent of financial institutions created by this
section
with respect to
the division of financial institutions
provided for in this
section; and all
rights, privileges, and
emoluments conferred by law upon the
superintendent of financial
institutions shall be construed as
conferred upon the
superintendent of financial institutions as head of the division
of financial institutions. The
director of commerce shall not
transfer from the division of financial
institutions any of the
functions specified in division
(C)(2) of this
section. (D) Beginning on July 1, 1997, there There is hereby created in
the department of commerce a division of liquor control, which
shall have all
powers and perform all duties vested by law in the
superintendent of liquor
control. Wherever powers are conferred
or duties are imposed upon the
superintendent of liquor
control,
those powers and duties shall be construed as vested in the
division
of liquor control. The division of liquor control shall
be administered by a
superintendent of liquor control. (E) The director of commerce shall not be interested,
directly or indirectly,
in any firm or corporation which is a
dealer in
securities as defined in sections 1707.01 and 1707.14 of
the
Revised Code, or in any firm or corporation licensed under
sections 1321.01 to 1321.19 of the Revised Code. (F) The director of commerce shall not have any official
connection
with a savings and
loan association, a savings bank, a
bank, a bank holding company, a savings
and loan association
holding company, a consumer finance company, or a credit
union
that is under the supervision of the division of financial
institutions, or a subsidiary of any
of the preceding entities, or
be interested in the business thereof. (G) There is hereby created in the state treasury the
division
of administration fund. The fund shall receive
assessments on
the operating funds of the department of commerce
in accordance
with procedures prescribed by the director of
commerce and
approved by the director of budget and management.
All operating
expenses of the division of administration shall be
paid from the
division of administration fund. (H) There is hereby created in the department of commerce a
division of real
estate and professional licensing, which shall be
under the control and
supervision of the director of commerce.
The division of real estate and
professional licensing shall be
administered by a superintendent of real
estate and professional
licensing. The superintendent of real estate and
professional
licensing shall exercise the powers and perform the functions and
duties delegated to the superintendent under Chapters
4735., 4749.,
4763., and 4767. of the Revised Code. (I) There is hereby created in the department of commerce a
division
of labor and worker safety, which shall have all powers
and perform all
duties vested by law in the superintendent of
labor and worker safety.
Wherever powers are conferred or duties
imposed upon the superintendent
of labor and worker safety, such those
powers and duties shall be
construed as vested in the division of
labor and worker safety.
The division of labor and worker safety
is shall be under the control
and supervision of the director of commerce,
and be administered by a
superintendent of labor and worker safety.
The superintendent of
labor and worker safety shall exercise the
powers and perform the
duties delegated to the superintendent by
the director under
Chapters
4109.,
4111.,
4115., and
4167. of the
Revised Code.
(J) The department of commerce or a division of the department created by the Revised Code that is acting with authorization on the departments's behalf may request from the bureau of criminal identification and
investigation pursuant to section 109.572 of the Revised Code, or
coordinate with appropriate federal, state, and local government
agencies to accomplish, criminal records checks for the persons
whose identities are required to be disclosed by an applicant for
the issuance or transfer of a permit, license, or certification issued or transferred by the department or division. At or before
the time of making a request for a criminal
records check, the
department or division may require any person whose identity is required to be
disclosed by an applicant for the issuance or transfer of
such a license, permit, or certification to submit to
the department or division valid fingerprint
impressions in a format and by any
media or means acceptable to
the bureau of criminal identification
and investigation and, when
applicable, the federal bureau of
investigation. The department or division may
cause the bureau of criminal identification and investigation to
conduct a criminal records check through the federal bureau of
investigation only if the person for whom the criminal records
check would be conducted resides or works outside of this state or
has resided or worked outside of this state during the preceding
five years, or if a criminal records check conducted by the bureau
of criminal identification and investigation within this state
indicates that the person may have a criminal record outside of
this state.
In the case of a criminal records check under section
109.572 of the Revised Code, the department or division shall forward to the
bureau of criminal identification and investigation the requisite
form, fingerprint impressions, and fee described in division (C)
of that section. When requested by the department or division in accordance
with this section, the bureau of
criminal identification and
investigation shall request from the
federal bureau of
investigation any information it has with
respect to the person
who is the subject of the requested criminal
records check and
shall forward the requisite fingerprint
impressions and
information to the federal bureau of investigation
for that
criminal records check. After conducting a criminal
records check
or receiving the results of a criminal records check
from the
federal bureau of investigation, the bureau of criminal
identification and investigation shall provide the results to the
department or division.
The department or division may require any person about whom a criminal
records check is requested to pay to the department or division the amount
necessary to cover the fee charged to the department or division by the bureau
of criminal identification and investigation under division (C)(3)
of section 109.572 of the Revised Code, including, when
applicable, any fee for a
criminal records check conducted by the
federal bureau of
investigation.
Sec. 307.697. (A) For the purpose of section 307.696 of
the
Revised Code and to pay any or all of the charge the board of
elections makes against the county to hold the election on the
question of levying the tax, or for those purposes and to provide
revenues to the county for permanent improvements, the board of
county commissioners of a county may levy a tax not to exceed
three dollars on each gallon of spirituous liquor sold to or
purchased by liquor permit holders for resale, and sold at retail
by the division of liquor control, in the county. The tax
shall
be levied on the number of gallons so sold. The tax may be
levied
for any number of years not exceeding twenty. The tax shall be levied pursuant to a resolution of the
board
of county commissioners approved by a majority of the electors in
the county voting on the question of levying the tax, which
resolution shall specify the rate of the tax, the number of years
the tax will be levied, and the purposes for which the tax is
levied. The election may be held on the date of a general or
special election held not sooner than seventy-five days after the
date the board certifies its resolution to the board of
elections.
If approved by the electors, the tax takes effect on
the first day
of the month specified in the resolution but not
sooner than the
first day of the month that is at least sixty
days after the
certification of the election results by the board
of elections.
A
copy of the resolution levying the tax shall be
certified to the
division of liquor control at least sixty days
prior to the date
on which the tax is to become effective. (B) A resolution under this section may be joined on the
ballot as a single question with a resolution adopted under
section 4301.421 or 5743.024 of the Revised Code to levy a tax
for
the same purposes, and for the purpose of paying the expenses
of
administering that tax. (C) The form of the ballot in an election held pursuant to
this section or section 4301.421 or 5743.024 of the Revised Code
shall be as follows or in any other form acceptable to the
secretary of state: "For the purpose of paying not more than one-half of the
costs of providing a public sports facility together with related
redevelopment and economic development projects, shall (an)
excise
tax(es) be levied by .......... county at the rate of
......
(dollars on each gallon of spirituous liquor sold in the
county by
the Ohio division of liquor control, cents per gallon
on the sale
of beer at wholesale in the county, cents per gallon
on the sale
of wine and mixed beverages at wholesale in the
county, cents per
gallon on the sale of cider at wholesale in the county, or
mills
per cigarette on the sale of cigarettes at wholesale in the
county), for
...... years?
For an election in which questions under this section or
section 4301.421 or 5743.024 of the Revised Code are joined as a
single question, the form of the ballot shall be as above, except
each of the proposed taxes shall be listed. (D) The board of county commissioners
of a county in which a
tax is imposed under this section on
the effective
date of this
amendment
July 19, 1995, may levy a
tax for
the purpose of section
307.673 of the Revised Code regardless of
whether or not the
cooperative agreement authorized under that
section has been
entered into prior to the day the resolution
adopted under
division (D)(1) or (2) of this section is adopted, and
for the
purpose of
reimbursing a county for costs incurred in the
construction of a
sports facility pursuant to an agreement entered
into by the
county under section 307.696 of the Revised Code. The
tax shall be levied and
approved in one of the manners prescribed
by division (D)(1) or (2) of this
section. (1) The tax may be levied pursuant to a resolution
adopted
by a majority of the members of the board of county
commissioners
not later than forty-five days after
the effective
date of this
amendment
July 19, 1995. A board of
county commissioners
approving a tax under division (D)(1) of this section may
approve
a tax under division (B)(1) of section 4301.421 or division (C)(1)
of
section 5743.024 of the Revised Code at the same time. Subject
to the
resolution being submitted to a referendum under sections
305.31 to 305.41 of
the Revised Code, the resolution shall take
effect immediately,
but the tax levied pursuant to the resolution
shall not be levied prior to the
day following the last day the
tax levied pursuant to divisions (A), (B), and
(C) of this section
may be levied. (2) The tax may be levied pursuant to a resolution
adopted
by a majority of the members of the board of county
commissioners
not later than forty-five days after
the effective
date of this
amendment
July 19, 1995, and
approved by a majority of the
electors of the county voting on the question of
levying the tax
at the next succeeding general election following
the
effective
date of this amendment
July 19, 1995.
The board of county
commissioners shall certify a copy of the resolution to
the board
of elections immediately upon adopting a resolution under division
(D)(2) of this section, and the
board of elections shall place the
question of levying the tax
on the ballot at that election. The
form of the ballot shall be as prescribed
by division (C) of this
section, except that the phrase "paying not more than
one-half
of
the costs of providing a sports facility together with
related
redevelopment and economic development projects" shall
be replaced
by the phrase "paying the costs of constructing or
renovating a
sports facility and reimbursing a county for costs
incurred by the
county in the construction of a sports
facility," and the phrase
", beginning .......... (here insert
the earliest date the tax
would take effect)" shall be appended
after "years." A board of
county commissioners submitting the
question of a tax under
division (D)(2) of this section may
submit the question of a tax
under division
(B)(2) of section 4301.421 or
division (C)(2) of
section
5743.024 of the Revised Code as a single question, and the
form
of the ballot shall include each of the proposed taxes. If approved by a majority of electors voting on the
question,
the tax shall take effect on the day specified on the
ballot,
which shall not be earlier than the day following the
last day the
tax levied pursuant to divisions
(A), (B), and (C) of this section
may be levied. The rate of a tax levied pursuant to division (D)(1) or (2)
of
this
section shall not exceed the rate specified in division
(A) of
this section. A tax levied pursuant to
division (D)(1) or
(2) of this section may
be levied for any number of years not
exceeding twenty. A board of county commissioners adopting a resolution
under
division (D)(1) or (2) of this section shall certify a
copy of the
resolution to
the
department
division of liquor control
immediately upon adoption of
the resolution.
Sec. 351.26. (A) The board of directors
of a convention
facilities authority may adopt a
resolution requesting the board
of county commissioners of the
county in which the convention
facilities authority has its
territory to propose the question of
a tax to be levied pursuant
to this section and section 4301.424
or sections 5743.026 and
5743.324 of the Revised Code for the
purpose of construction or
renovation of a sports facility. The
board of directors shall
certify a copy of the resolution to the
board of county
commissioners not later than ninety days prior to
the day of the
election at which the board of directors requests
the board of
county commissioners to submit the question of the
tax. The
resolution shall state the rate at which the tax would
be
levied, the purpose for which the tax would be levied, the
number of years the tax would be levied, the section of the
Revised Code under which the tax would be levied, and the
date
of
the election at which the board of directors requests the
board of
county commissioners to submit the question of the tax,
all of
which are subject to the limitations of this section and
section
4301.424 or sections 5743.026 and 5743.324 of the
Revised Code. Upon receiving a copy of such a resolution from the board
of
directors, the board of county commissioners shall adopt a
resolution either approving or rejecting the proposal, and
certify
a copy of its resolution to the board of directors. If
the board
of county commissioners approves the proposal, the
board of county
commissioners shall propose the question of
levying a tax pursuant
to section
4301.424 of the Revised Code or pursuant to sections
5743.026
and 5743.324 of the Revised Code, as specified
in the
board of directors' resolution, for the
purpose of
construction or
renovation
of a sports facility. (B) The form of the ballot in an election held on the
question of
levying a tax
proposed pursuant to section 4301.424 or
5743.026 of the Revised Code shall be as follows or
in any other
form acceptable to the
secretary of state: "For the purpose of paying the costs of ..........
(constructing or
renovating) a sports facility, shall (an) excise
tax(es) be levied by
the .......... county for the convention
facilities authority of ..........
county at the rate of ......
(dollars on each gallon of spirituous liquor sold in the
county by
the Ohio
department
division of liquor control, cents per gallon
on the sale of beer at wholesale in the county, cents per gallon
on the sale of wine and mixed beverages at wholesale in the
county, or mills per cigarette on the sale of cigarettes at
wholesale in the county), for ...... years?
For an election in which questions under
section 4301.424 or
5743.026 of the Revised Code
are joined as a
single question, the
form of the ballot shall be as above, except
each of the proposed
taxes shall be listed.
Sec. 924.51. (A) There is hereby created the Ohio grape
industries committee consisting of nine members. The members
shall be the director of agriculture or the director's designee,
who shall chair the committee, the
director
superintendent of
liquor control or the
director's
superintendent's designee, the
chief of the division of
markets of the department of agriculture,
the viticulture
extension specialist of the Ohio agricultural
research and
development center, who shall be a nonvoting member,
and five
members who shall be appointed by
the director of
agriculture. (B) Of the five members of the committee appointed by the
director of agriculture, two shall be persons who receive the
major portion of
their income from the production of grapes. The
term of one of
these members shall begin January 1, 1982, and end
December 31,
1982, and the second member's term shall begin
January 1, 1982,
and end December 31, 1983. Two members shall be
persons who
receive the major portion of their income from the
production of
wine from raw grape or fruit products in either raw
fruit or
fresh juice form. The term of one of these members shall
begin
January 1, 1982, and end December 31, 1982, and the second
member's term shall begin January 1, 1982, and end December 31,
1983. One member shall be a person the major
portion of whose
income is from the production of grape products
other than wine,
such as juice, jams, or jellies; that member's term shall
begin
January 1, 1982, and end December 31, 1984. Thereafter, the
terms
for each appointed member of the committee shall be for
three
years, commencing on the first day of January and ending on
the
thirty-first day of December. No appointed member shall
serve
more than two consecutive terms. The director may remove
any
appointed member for cause. (C) Members shall be appointed to fill vacancies caused by
death, resignation, or removal in the same manner prescribed for
regular appointment to the committee. Any member appointed to
fill a vacancy occurring prior to the expiration of the term for
which the member's predecessor was appointed shall hold office for
the
remainder of the term. Any member shall continue in office
subsequent to the expiration date of that member's term until
that
member's successor
takes office, or until a period of sixty days
has elapsed,
whichever occurs first. (D) All members of the committee are entitled to their
actual and necessary expenses incurred in the performance of
their
duties as members, payable from moneys received from the
Ohio
grape industries fund created under section 924.54 of the
Revised
Code. (E) A majority of the committee constitutes a quorum.
Sec. 1333.83. Every manufacturer of alcoholic beverages
shall contract with or offer in good faith to its distributors a
written franchise providing for, and specifying the rights and
duties of both parties in effecting, the sale of the specified
brands or products of the manufacturer. Any provision of a
franchise agreement that waives any of the prohibitions of, or
fails to comply with, sections 1333.82 to 1333.87 of the Revised
Code is void and unenforceable. Any notice or acceptance
required to be given or made by either party to the franchise
shall be in writing and signed by the authorized representative
of the parties. Any breach, actual or claimed, of a franchise
made pursuant to this section shall not be grounds for suspension
or revocation of any permit or consent to import supplier registration issued by the
division of liquor control. When a distributor of beer or
wine for a manufacturer, or the successors or assigns of the
manufacturer, distributes the beer or wine for ninety days or more
without a written contract, a franchise relationship is
established between the parties, and sections 1333.82 to 1333.87
of the Revised Code apply to the manufacturer, its successor or
assigns, and the distributor.
Sec. 2933.41. (A)(1) Any property, other than contraband
that is subject to the provisions of section 2913.34 or
2933.43 of
the
Revised Code, other than property that is subject to section
3719.141 of the Revised Code, other than property that is
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45
of the
Revised Code,
other than a vehicle that is criminally
forfeited under an order
issued under section 4503.233 or 4503.234
of the Revised Code and
that is to be disposed of under section
4503.234 of the Revised
Code, other than property that has been
lawfully seized under
sections 2933.71 to 2933.75 of the Revised
Code in relation to a
medicaid fraud offense, and other than
property that has been
lawfully seized in relation to a violation
of section 2923.32 of
the Revised Code, that has been lost,
abandoned, stolen, seized
pursuant to a search warrant, or
otherwise lawfully seized or
forfeited, and that is in the custody
of a law enforcement
agency shall be kept safely pending the time
it no longer is
needed as evidence and shall be disposed of
pursuant to this
section. Each law enforcement agency that has
custody of any
property that is subject to this section shall
adopt a written
internal control policy that addresses the keeping
of detailed
records as to the amount of property taken in by the
agency, that
addresses the agency's disposition of the property
under this
section, that provides for the keeping of detailed
records of the
disposition of the property, and that provides for
the keeping of
detailed financial records of the amount and
disposition of any
proceeds of a sale of the property under
division (D)(8) of this
section and of the general types of
expenditures made out of the
proceeds retained by the agency and
the specific amount expended
on each general type of expenditure.
The policy shall not
provide for or permit the identification of
any specific
expenditure that is made in an ongoing investigation.
The policy
is a public record open for inspection under section
149.43 of
the Revised Code. (2)(a) Every law enforcement agency that has any lost,
abandoned, stolen, seized, or forfeited property as described in
division (A)(1) of this section in its custody shall comply with
its written internal control policy adopted under that division
relative to the property. Each agency that has any such
property
in its custody, except for property to be disposed of under
division (D)(4) of this section, shall maintain an accurate
record, in accordance with its written internal control policy,
of
each item of the property. The record shall include the date
on
which each item of property came into the agency's custody,
the
manner in which it was disposed of, the date of its
disposition,
the name of the person who received the property if
it was not
destroyed, and all other information required by the
agency's
written internal control policy; however, the record
shall not
identify or enable the identification of the individual
officer
who seized any item of property. The record of any
property that
no longer is needed as evidence, and all financial
records of the
amount and disposition of any proceeds of a sale
under division
(D)(8) of this section and of the general types of
expenditures
made out of the proceeds retained by the agency and
the specific
amount of each general type of expenditure, shall be
open to
public inspection during the agency's regular business
hours. Each law enforcement agency that, during any calendar year,
has any seized or forfeited property as described in division
(A)(1) of this section in its custody shall prepare a report
covering the calendar year that cumulates all of the information
contained in all of the records kept by the agency pursuant to
this division for that calendar year and shall send a copy of
the
cumulative report, no later than the first day of March in
the
calendar year following the calendar year covered by the
report,
to the attorney general. Each report received by the
attorney
general is a public record open for inspection under
section
149.43 of the Revised Code. (b) Each law enforcement agency that receives in any
calendar year any proceeds of a sale under division (D)(8) of
this
section shall prepare a report covering the calendar year
that
cumulates all of the information contained in all of the
public
financial records kept by the agency pursuant to division
(D)(2)(a) of this section for that calendar year and shall send
a
copy of the cumulative report, no later than the first day of
March in the calendar year following the calendar year covered by
the report, to the attorney general. Each report received by the
attorney general is a public record open for inspection under
section 149.43 of the Revised Code. (c) Not later than the fifteenth day of April in the
calendar year in which reports are sent to the attorney general
under
divisions (A)(2)(a) and (b) of this section, the
attorney
general shall send to the president of the senate and the speaker
of
the house of representatives a written notification that does
all of the
following: (i) Indicates that the attorney general has received from
law enforcement agencies reports
of the type described in division
(A)(2)(a),
(A)(2)(b), or both (A)(2)(a) and (b) of this section,
whichever is applicable,
that cover the previous calendar year and
indicates that the reports were
received under division (A)(2)(a),
(A)(2)(b), or both
(A)(2)(a) and (b) of this section, whichever is
applicable; (ii) Indicates that the reports
are open for inspection
under section 149.43 of the
Revised Code; (iii) Indicates that the attorney general
will provide a
copy of any or all of the reports to the
president of the senate
or the speaker of the house of
representatives upon request. (B) A law enforcement agency that has property in its
possession that is required to be disposed of pursuant to this
section shall make a reasonable effort to locate the persons
entitled to possession of the property in its custody, to notify
them of when and where it may be claimed, and to return the
property to them at the earliest possible time. In the absence
of
evidence identifying persons entitled to possession, it is
sufficient notice to advertise in a newspaper of general
circulation in the county, briefly describing the nature of the
property in custody and inviting persons to view and establish
their right to it. (C) A person loses any right that the person may have to the
possession, or the possession and ownership, of property if any
of
the following applies: (1) The property was the subject, or was used in a
conspiracy or attempt to commit, or in the commission, of an
offense other than a traffic offense, and the person is a
conspirator, accomplice, or offender with respect to the offense. (2) A court determines that the property should be
forfeited
because, in light of the nature of the property or the
circumstances of the person, it is unlawful for the person to
acquire or possess the property. (D) Unclaimed or forfeited property in the custody of a
law
enforcement agency, other than contraband that is subject to
the
provisions of section 2913.34 or 2933.43 of the Revised
Code,
other than property forfeited under sections 2923.44 to 2923.47 or
2925.41 to 2925.45 of the
Revised Code, and other than property
that has been lawfully
seized in relation to a violation of
section 2923.32 of the
Revised Code, shall be disposed of on
application to and order of
any court of record that has
territorial jurisdiction over the
political subdivision in which
the law enforcement agency has
jurisdiction to engage in law
enforcement activities, as follows: (1) Drugs shall be disposed of pursuant to section 3719.11
of the Revised Code or placed in the custody of the secretary of
the treasury of the United States for disposal or use for medical
or scientific purposes under applicable federal law. (2) Firearms and dangerous ordnance suitable for police
work
may be given to a law enforcement agency for that purpose.
Firearms suitable for sporting use or as museum pieces or
collectors' items may be sold at public auction pursuant to
division (D)(8) of this section. Other firearms and dangerous
ordnance shall be destroyed by the agency or shall be sent to the
bureau of criminal identification and investigation for
destruction by the bureau. (3) Obscene materials shall be destroyed. (4) Beer, Except as otherwise provided in division (D)(4) of this section, beer or intoxicating liquor, or alcohol seized from by a
person who is not the holder of a permit issued under Chapters
4301. and 4303. of the Revised Code or is an offender and
forfeited to the state under section 4301.45 or 4301.53 of the
Revised Code either law enforcement agency shall be sold by the division of liquor
control,
if the division determines that the beer, intoxicating
liquor,
or alcohol is fit for sale, or shall be placed in the
custody of destroyed. Intoxicating liquor seized by the
investigations investigative unit in the department of public
safety and may be used distributed for
training relating to law enforcement
activities. The department, with the
assistance of the division
of liquor control, shall adopt Pursuant to rules the department adopts in accordance
with
Chapter
119. of the Revised Code to, the department shall provide for the distribution of such
beer,
seized intoxicating liquor, or alcohol that is not distributed for training relating to its law enforcement activities, to state or local law
enforcement agencies,
upon their request, for training related to their law enforcement activities. If any tax imposed under
Title XLIII
of the Revised Code has not been paid in relation to
the beer,
intoxicating liquor, or alcohol, the proceeds of the
sale shall
first be used to pay the tax. All other money
collected under
division (D)(4) of this section shall be paid into
the state
treasury. Any such beer, intoxicating liquor, or
alcohol that
the division determines to be unfit for sale shall be
destroyed. (5) Money received by an inmate of a correctional
institution from an unauthorized source or in an unauthorized
manner shall be returned to the sender, if known, or deposited in
the inmates' industrial and entertainment fund if the sender is
not known. (6) Vehicles and vehicle parts forfeited under sections
4549.61 to 4549.63 of the Revised Code may be given to a law
enforcement agency for use in the performance of its duties.
Those parts may be incorporated into any other official vehicle.
Parts that do not bear vehicle identification numbers or
derivatives of them may be sold or disposed of as provided by
rules of the director of public safety. Parts from which a
vehicle identification number or derivative of it has been
removed, defaced, covered, altered, or destroyed and that are not
suitable for police work or incorporation into an official
vehicle
shall be destroyed and sold as junk or scrap. (7)(a) Computers, computer networks, computer systems, and
computer software suitable for police work may be given to a law
enforcement agency for that purpose. Other computers, computer
networks, computer systems, and computer software shall be
disposed of pursuant to division (D)(8) of this section. (b) As used in this section, "computers," "computer
networks," "computer systems," and "computer software" have the
same meanings as in section 2913.01 of the Revised Code. (8) Other unclaimed or forfeited property,
including
personal property that is abandoned or relinquished by an inmate
of a state correctional institution, with the
approval of the
court, may be used by the law enforcement agency
that has
possession of it. If the other unclaimed or forfeited
property is
not used by the law enforcement agency, it may be
sold, without
appraisal, at a public auction to the highest
bidder for cash, or,
in the case of other unclaimed or forfeited
moneys, disposed of in
another manner that the court considers
proper in the
circumstances. (E)(1)(a) If the property was in the possession
of the law
enforcement agency in relation to a delinquent child
proceeding in
a juvenile court, ten per cent of the proceeds from
property
disposed of pursuant to this section shall be applied to
one or
more alcohol and drug addiction treatment programs that
are
certified by the department of alcohol and drug addiction
services
under section 3793.06 of the Revised
Code and that are specified
by the court in its order
issued under division (D) of this
section. A juvenile court shall
not
specify an alcohol or
drug
addiction treatment program in the order
unless the program is a
certified alcohol and drug addiction
treatment program and, except
as provided in division
(E)(1)(a) of this section, unless the
program is located
in the county in which the court
that issues
the orders is located or in a contiguous county. If
no certified
alcohol and drug addiction treatment program is
located in any of
those counties, the juvenile court may specify in the order
a
certified alcohol and drug
addiction treatment program located
anywhere within this state. The remaining
ninety per cent of
the
proceeds shall be applied as provided in division
(E)(1)(b) of
this section. If the property was in the possession of the law
enforcement
agency other than in relation to a delinquent child
proceeding in
a juvenile court, all of the proceeds from property
disposed of
pursuant to this section shall be applied as provided
in division
(E)(1)(b) of this section. (b) Except as provided in divisions (D)(4), (5), and
(E)(2)
of this section and after compliance with division
(E)(1)(a) of
this section when that division is
applicable, the proceeds from
property disposed of
pursuant to this section shall be placed in
the general fund of
the state, the county, the township, or the
municipal
corporation, of which the law enforcement agency
involved is an
agency. (2) Each board of county commissioners that recognizes a
citizens' reward program as provided in section 9.92 of the
Revised Code shall notify each law enforcement agency of that
county and each law enforcement agency of a township or municipal
corporation wholly located in that county of the official
recognition of the citizens' reward program by filing a copy of
its resolution conferring that recognition with each
of those law
enforcement agencies. When the board of county
commissioners of a
county recognizes a citizens' reward program and the county
includes a part, but not all, of the territory of a municipal
corporation, the board shall so notify the law enforcement agency
of that municipal corporation of the official recognition of the
citizens' reward program only if the county contains the highest
percentage of the municipal corporation's population. Upon
receipt of a notice described in this division,
each law
enforcement
agency shall pay
twenty-five per cent of the proceeds
from each sale of property
disposed of pursuant to this section to
the citizens' reward
program for use exclusively for the payment
of rewards. No part
of those funds may be used to pay for the
administrative expenses
or any other expenses associated with a
citizens' reward program. If a
citizens' reward program that
operates in more than one
county or in another state or states in
addition to this state
receives funds pursuant to this section,
the funds shall be used
to pay rewards only for tips and
information to law enforcement
agencies concerning felonies,
offenses of violence, or
misdemeanors that have been committed in
the county from which
the funds were received. (F) This section does not apply to the collection,
storage,
or disposal of abandoned junk motor vehicles. This
section shall
not be construed to rescind or restrict the
authority of a
municipal law enforcement agency to keep and
dispose of lost,
abandoned, stolen, seized, or forfeited property
under an
ordinance of the municipal corporation or under sections 737.29 to
737.33 of the Revised Code, provided that,
when a municipal
corporation that has received notice as provided
in division
(E)(2) of this section disposes of property under
an ordinance, it
shall pay twenty-five per
cent of the
proceeds from any sale or
auction to the citizens' reward program
as provided under that
division. (G) The receipt of funds by a citizens' reward program
pursuant to division (E) of this section does not make it a
governmental unit for purposes of section 149.43 of the Revised
Code and does not subject it to the disclosure provisions of that
section. (H) This section does not apply to the disposal of stolen or
other
property recovered by township law enforcement agencies
pursuant to sections
505.105 to 505.109 of the Revised Code. (I)(1) Subject to divisions (D)(1) to (7) of this section,
and otherwise notwithstanding the provisions of this section,
personal property that is subject to this section and that is
abandoned or relinquished by an inmate of a state correctional
institution may be destroyed or used by order of the warden
of the
institution, if either of the following apply:
(a) The value of the item is one hundred dollars or less,
the state correctional institution has attempted to contact or
identify the owner of the personal property, and those attempts
have been unsuccessful.
(b) The inmate who owns the personal property agrees in
writing to the disposal of the personal property in question.
(2) The department of rehabilitation and correction shall
record the seizure and disposition of any personal property
pursuant to division (I)(1) of this section, any attempts to
contact or identify the owner of the personal property pursuant to
division (I)(1)(a) of this section, and any agreement made
pursuant to division (I)(1)(b) of this section. (J) For purposes of this section, "law enforcement agency"
includes correctional institutions, and
"citizens' reward program"
has the same meaning as in section
9.92 of the Revised Code. As
used in division (H) of this
section, "township law enforcement
agencies" means an organized police
department of a township, a
township police district, a joint township police
district, or the
office of a township constable.
Sec. 4301.07. Each member of the liquor control commission
shall devote
his
the member's entire time to the duties of
his
office
and shall hold no other public position of trust or profit.
No member of the
commission, nor the
director
superintendent of
liquor control, nor any of the
appointees or
employees of the
commission
or of the
department
division of liquor control, shall
have
any
direct financial interest, directly or indirectly, in, or
any interest otherwise prohibited by Chapter 102. or section
2921.42 or 2921.43 of the Revised Code in, the
manufacture,
distribution, or sale of beer or intoxicating liquor.
Each member of the commission, and the
chairman
chairperson
shall receive a salary fixed
pursuant to division (J) of section
124.15 of the Revised Code. In addition
thereto
to that salary,
each member shall receive
the actual and necessary travel expenses
in
connection with commission hearings and business. The
chairman
chairperson shall be an attorney at law who has had five years of
active law practice.
Sec. 4301.10. (A) The division of liquor control shall do
all of the
following: (1) Control the traffic in beer and intoxicating liquor in
this state, including the manufacture, importation, and sale
of
beer and intoxicating liquor; (2) Grant or refuse permits for the manufacture,
distribution, transportation, and sale of beer and intoxicating
liquor and the sale of alcohol, as authorized or required by this
chapter and Chapter 4303. of the Revised Code; and a. A
certificate,
signed by the
superintendent of liquor control
and to
which is affixed the
official seal of the division, stating that
it appears
from the records of the division that no permit has
been
issued to the person specified in the certificate, or that a
permit,
if issued, has been
revoked, canceled, or suspended, shall
be received as prima-facie
evidence of the facts recited in the
certificate in any
court, or before any
officer of this state;. (3) Put into operation, manage, and control a system of
state liquor stores for the sale of spirituous liquor at retail
and to holders of permits authorizing the sale of spirituous
liquor;
however, the division shall not establish any drive-in
state
liquor stores; and by means of those types of stores, and
any
manufacturing plants, distributing and bottling plants,
warehouses, and other facilities that it considers expedient,
establish and maintain a state monopoly of the distribution of
spirituous liquor and its sale in packages or containers; and for
that purpose manufacture, buy, import, possess, and sell
spirituous
liquors as provided in this chapter and Chapter 4303.
of the
Revised Code, and in the rules promulgated by the
superintendent of liquor control pursuant to those chapters;
lease, or in any
manner
acquire the use of any land or building
required for any
of those purposes; purchase any equipment that is
required; and borrow
money to carry on its business, and issue,
sign, endorse, and
accept notes, checks, and bills of exchange;
but all obligations
of the division created under authority of
this division
shall
be a charge only upon the moneys received by
the division
from
the sale of spirituous liquor and its other
business transactions
in connection with the sale of spirituous
liquor, and
shall not be general obligations of
the state; (4) Enforce the administrative provisions of this chapter
and Chapter 4303. of the Revised
Code, and the rules and orders of
the liquor control commission
and the superintendent relating to
the
manufacture, importation, transportation, distribution, and
sale of beer and
intoxicating liquors; and the. The attorney
general, any prosecuting
attorney, and any prosecuting officer of
a municipal corporation
or a municipal court shall, at the request
of the
division of liquor control or the department of public
safety,
prosecute any person charged with the violation of any
provision in those chapters
or of any section of the Revised Code
relating to the
manufacture, importation, transportation,
distribution, and sale
of beer and intoxicating liquor;. (5) Determine the locations of all state liquor stores and
manufacturing, distributing, and bottling plants required in
connection
therewith
with those stores, subject to this chapter
and Chapter 4303.
of the Revised Code; (6) Conduct inspections of liquor permit premises to
determine compliance with the administrative provisions of
this
chapter and Chapter 4303. of the Revised Code and the rules
adopted under
those provisions by the liquor control commission.
Except as otherwise provided in division (A)(6) of this
section, those inspections may be conducted only during those
hours in which the permit holder is open for business and only by
authorized agents or employees of the division or by any
peace
officer, as defined in section 2935.01 of the
Revised Code.
Inspections may be conducted at other hours only
to determine
compliance with laws or commission rules that
regulate the hours
of sale of beer and intoxicating liquor and
only if the
investigator has reasonable cause to believe that
those laws or
rules are being violated. Any inspection conducted
pursuant to
division (A)(6) of this section is subject to all of
the following
requirements: (a) The only property that may be confiscated is
contraband,
as defined in section 2901.01 of the
Revised Code, or property
that is otherwise necessary for
evidentiary purposes. (b) A complete inventory of all property confiscated from
the premises shall be given to the permit holder or the permit
holder's agent
or
employee by the confiscating agent or officer at
the conclusion
of the inspection. At that time, the inventory
shall be signed
by the confiscating agent or officer, and the
agent or officer
shall give the permit holder or the permit
holder's agent or employee the
opportunity to sign the inventory. (c) Inspections conducted pursuant to division (A)(6) of
this section shall be conducted in a reasonable manner. A
finding
by any court of competent jurisdiction that the
inspection was not
conducted in a reasonable manner in accordance
with this section
or any rules promulgated by the commission may
be considered
grounds for suppression of evidence. A finding by
the liquor
control commission that the inspection was not
conducted in a
reasonable manner in accordance with this section
or any rules
promulgated by the commission may be considered
grounds for
dismissal of the commission case. If any court of competent jurisdiction finds that property
confiscated as the result of an administrative inspection is not
necessary for evidentiary purposes and is not contraband, as
defined in section
2901.01 of the Revised Code, the court
shall
order the immediate return of the confiscated property,
provided
that property is not otherwise subject to
forfeiture, to the
permit holder. However, the return of this
property is not
grounds for dismissal of the case. The
commission likewise may
order the return of confiscated property
if no criminal
prosecution is pending or anticipated. (7) Delegate to any of its agents or employees any power
of
investigation that the division possesses with respect
to the
enforcement of any of the administrative laws relating to beer and
intoxicating liquor, provided that this division does not
authorize
the
division to designate any agent or employee to serve
as
an enforcement agent. The employment and
designation of
enforcement agents shall be within the exclusive
authority of the
director of
public safety pursuant to sections 5502.13
to 5502.19
of the Revised Code. (8) Except as otherwise provided in division (A)(8) of this
section, collect Collect
the following fees: (a) An annual twenty-five- A biennial fifty dollar registration fee for each
representative agent, solicitor, or salesperson, registered pursuant to section 4303.25 of the
Revised Code, of a beer or intoxicating liquor manufacturer, supplier, broker, or wholesale distributor doing
business in this state; (b) A fifty-dollar product registration fee for each new
beer or intoxicating liquor product sold in this state. The
product registration fee shall be accompanied by a copy of the
federal label and product approval for the new product. (c) An annual three-hundred-dollar out-of-state supplier
consent-to-import registration fee from each manufacturer or supplier not
subject to division (A)(8)(e) of this section that produces and ships into this state, or ships into this state, intoxicating liquor or beer, in addition
to an
initial application fee of one hundred dollars; (d) An annual twenty-five-dollar registration fee for coil
cleaners of beer dispensing equipment doing business in this
state.
(e) An annual one-hundred-dollar out-of-state
consent-to-import fee, in addition to an initial application fee
of one hundred dollars, from any manufacturer or out-of-state
supplier that produced or shipped into this state in the
immediately preceding calendar year a total of five hundred or
fewer cases of seven-hundred-fifty milliliter equivalent of
intoxicating liquor and twelve-ounce equivalent of beer.
Each consent-to-import, representative's supplier, agent, solicitor, or salesperson registration, and
coil cleaner registration issued under this division (A)(8) of
this
section authorizes shall authorize the person named to carry on the activity
specified in the registration. Each agent, solicitor, or salesperson registration is valid for two years or for the unexpired portion of a two-year registration period. Each supplier registration is valid for one year, or for the unexpired portion of
the a one-year, ending registration period. Registrations shall end on the their respective uniform expiration date for each, which
shall be designated by the division, and is are subject to
suspension,
revocation, cancellation, or fine as authorized by
this chapter
and Chapter 4303. of the Revised Code. (9) Establish a system of electronic data interchange within
the
division and regulate the electronic
transfer of
information
and funds among persons and governmental entities engaged in the
manufacture, distribution, and retail sale of alcoholic beverages; (10) Exercise all other powers expressly or by necessary
implication conferred upon the division by this chapter
and
Chapter 4303. of the Revised Code, and all powers necessary for
the exercise or discharge of any power, duty, or function
expressly conferred or imposed upon the division by
those
chapters. (B) The division may do all of the following: (1) Sue, but may be sued only in connection with the
execution of leases of real estate and the purchases and
contracts
necessary for the operation of the state liquor stores
that are
made under this chapter and Chapter 4303. of the Revised
Code; (2) Enter into leases and contracts of all descriptions and
acquire and
transfer title
to personal property with regard to the
sale, distribution, and storage of
spirituous liquor within the
state; (3) Terminate at will any lease entered into pursuant to
division (B)(2) of this section upon
first giving ninety days'
notice in writing to
the lessor of its intention to do so; (4) Fix the wholesale and retail prices at which the
various
classes, varieties, and brands of spirituous liquor shall
be sold
by the division. Those retail prices shall
be the same
at all
state liquor stores, except to the extent that a price
differential is required to collect a county sales tax levied
pursuant to section 5739.021 of the Revised Code and for which
tax
the tax commissioner has authorized prepayment pursuant to
section
5739.05 of the Revised Code. In fixing selling prices,
the
division shall compute an anticipated gross profit at
least
sufficient to provide in each calendar year all costs and
expenses
of the division and also an adequate working
capital
reserve for
the division. The gross profit shall not
exceed forty per cent of
the retail selling price based on costs of the
division, and in
addition the sum required by section 4301.12 of the Revised Code
to be paid into the state treasury. An amount equal to one and
one-half per cent of that gross profit shall be paid into the
statewide treatment and
prevention fund created by section 4301.30
of the
Revised Code and be appropriated by the general assembly
from the fund to the
department of alcohol and drug
addiction
services as provided in section 4301.30 of the Revised
Code. On spirituous liquor manufactured in
Ohio
this state from the
juice of
grapes or fruits grown in
Ohio
this state, the division
shall
compute an anticipated gross profit of not to exceed ten per
cent. The
wholesale prices shall be at a discount of not less
than twelve
and one-half per cent of the retail selling prices as
determined
by the division in accordance with this section.
(C) The division may approve the expansion or diminution
of
a premises to which a liquor permit has been issued and may adopt
standards
governing such
an expansion or diminution.
Sec. 4301.19. The division of liquor control shall sell
spirituous liquor only, whether from a warehouse or from a state
liquor store or agency store. All sales shall be in sealed containers and for
resale as authorized by this chapter and Chapter 4303. of the Revised
Code or for consumption off the premises only. Except as
otherwise provided in this section, sale of containers holding
one-half pint or less of spirituous liquor by the division
shall be made at retail only, and not for the purpose of resale
by any purchaser, by special order placed with a state retail
liquor store or agency store and subject to rules established by the
superintendent of
liquor control. The division may sell at wholesale
spirituous liquor in fifty milliliter sealed containers to any holder of a permit issued under Chapter 4303. of the Revised Code that authorizes the sale of spirituous liquor for consumption on the premises where sold. A person appointed by
the division to act as an agent for the sale
of spirituous liquor pursuant to section 4301.17 of the Revised Code
may provide and accept gift certificates and may
accept credit cards and debit cards for the retail purchase of
spirituous liquor. Deliveries shall be made in the manner the
superintendent determines by
rule. If any person desires to purchase any variety or brand of
spirituous liquor which is not in stock at the state liquor store or agency store
where the variety or brand is ordered, the division shall immediately
procure the variety or brand after a reasonable deposit is made by the
purchaser in such proportion of the approximate cost of the order
as is prescribed by the rules of the superintendent. The
purchaser shall be immediately notified upon the arrival of the spirituous
liquor at the store at which it was ordered. Unless the
purchaser pays for the variety or brand and accepts delivery within five days
after the giving of the notice, the division may place the
spirituous liquor in stock for general sale, and the deposit of
the purchaser shall be forfeited.
Sec. 4301.20. Chapters 4301. This chapter and Chapter 4303. of the Revised Code
do not prevent the following: (A) The storage of intoxicating liquor in bonded
warehouses, established in accordance with the acts of congress
and under the regulation of the United States, located in this
state, or the transportation of intoxicating liquor to or from
bonded warehouses of the United States wherever located; (B) A bona fide resident of this state who is the owner of
a warehouse receipt from obtaining or transporting to the
person's resident's residence for the person's resident's own
consumption and not for resale spirituous liquor stored in a government bonded
warehouse in this state or in another state prior to December, 1933,
subject
to such terms as are prescribed by the division of liquor control; (C) The manufacture of cider from fruit for the purpose of
making vinegar, and nonintoxicating cider and fruit juices for
use and sale; (D) A licensed physician or dentist from administering or
dispensing intoxicating liquor or alcohol to a patient in good
faith in the actual course of the practice of the physician's or
dentist's profession; (E) The sale of alcohol to physicians, dentists,
druggists, veterinary surgeons, manufacturers, hospitals,
infirmaries, or medical or educational institutions using the
same alcohol for medicinal, mechanical, chemical, or scientific purposes; (F) The sale, gift, or keeping for sale by druggists and
others of any of the medicinal preparations manufactured in
accordance with the formulas prescribed by the United States
Pharmacopoeia and National Formulary, patent or proprietary
preparations, and other bona fide medicinal and technical
preparations, which contain no more alcohol than is necessary to
hold the medicinal agents in solution and to preserve the same,
which are manufactured and sold as medicine and not as beverages,
are unfit for use for beverage purposes, and the sale of which
does not require the payment of a United States liquor dealer's
tax; (G) The manufacture and sale of tinctures or of toilet,
medicinal, and antiseptic preparations and solutions not intended
for internal human use nor to be sold as beverages, and which are
unfit for beverage purposes, if upon the outside of each bottle,
box, or package of which there is printed in the English
language, conspicuously and legibly, the quantity by volume of
alcohol in such the preparation or solution; (H) The manufacture and keeping for sale of the food
products known as flavoring extracts when manufactured and sold
for cooking, culinary, or flavoring purposes, and which are unfit
for use for beverage purposes; (I) The lawful sale of wood alcohol or of ethyl alcohol
for external use when combined with such other substances as to
make it unfit for internal use; (J) The purchase and importation into this state of
intoxicating liquor for use in manufacturing processes of
nonbeverage food products under such terms as are prescribed by
the division, provided that the terms prescribed by the
division shall not increase the cost of such the intoxicating
liquors liquor to any person, firm, or corporation purchasing and
importing the same it into this state for any such that use; (K) Any resident of this state or any member of the armed
forces of the United States, who has attained the age of
twenty-one years, from bringing into this state, for personal use
and not for resale, not more than one liter of spirituous
liquor
in any thirty-day period, and the same is free of any tax consent
fee when such the resident or member of the armed forces physically
possesses and accompanies such the spirituous liquor on returning
from a foreign country, another state, or an insular possession
of the United States; (L) Persons, at least twenty-one years of age, who collect
ceramic commemorative bottles containing spirituous liquor which
have unbroken federal tax stamps thereon on them from selling or trading
such the bottles to other collectors. Such The bottles must originally
have been purchased at retail from the division, legally imported under
division (K) of this section, or
legally imported pursuant to a consent to import supplier registration issued by the
division. Such The sales shall be for the
purpose of exchanging a ceramic commemorative bottle between
private collectors and shall not be for the purpose of selling
the spirituous liquor for personal consumption. The sale or
exchange authorized by this division shall not occur on the
premises of any permit holder, shall not be made in connection
with the business of any permit holder, and shall not be made in
connection with any mercantile business.
Sec. 4301.22. Sales of beer and intoxicating liquor under
all classes of permits and from state liquor stores are subject
to
the following restrictions, in addition to those imposed by
the
rules or orders of the division of liquor control: (A)(1) Except as otherwise provided in this chapter, no
beer
or intoxicating liquor shall be sold to any person under
twenty-one years of age. (2) No low-alcohol beverage shall be sold to any person
under eighteen years of age. No permit issued by the division
shall be suspended, revoked, or canceled because of a violation
of
division (A)(2) of this section. (3) No intoxicating liquor shall be handled by any person
under twenty-one years of age, except that a person eighteen
years
of age or older employed by a permit holder may handle or
sell
beer or intoxicating liquor in sealed containers in
connection
with wholesale or retail sales, and any person
nineteen years of
age or older employed by a permit holder may
handle intoxicating
liquor in open containers when acting in the
capacity of a server
in a hotel, restaurant, club,
or
night club, as defined in
division (B) of section 4301.01 of the
Revised Code, or in the
premises of a D-7 permit holder. This
section does not authorize
persons under twenty-one years of age
to sell intoxicating liquor
across a bar. Any person employed by
a permit holder may handle
beer or intoxicating liquor in sealed
containers in connection
with manufacturing, storage,
warehousing, placement, stocking,
bagging, loading, or unloading,
and may handle beer or
intoxicating liquor in open containers in
connection with cleaning
tables or handling empty bottles or
glasses. (B) No permit holder and no agent or employee of a permit
holder shall sell or furnish beer or intoxicating liquor to an
intoxicated person. (C)
No intoxicating liquor shall be sold to any individual
who habitually drinks intoxicating liquor to excess, or to whom
the division has, after investigation, determined to prohibit
the
sale of such intoxicating liquor, because of cause shown by
the
husband, wife, father, mother, brother, sister, or other
person
dependent upon, or in charge of such individual, or by the
mayor
of any municipal corporation, or a township trustee of any
township in which the individual resides. The order of the
division in such case shall remain in effect until revoked by
the
division. (D) No sales of intoxicating liquor shall be made after
two-thirty a.m. on Sunday, except that intoxicating liquor may be
sold on Sunday under authority of a permit
which
that authorizes
Sunday sale.
This section does not prevent a municipal corporation from
adopting a closing hour for the sale of intoxicating liquor
earlier than two-thirty a.m. on Sunday or to provide that no
intoxicating liquor may be sold prior to that hour on Sunday. (E)(D) No holder of a permit shall give away any beer or
intoxicating liquor of any kind at any time in connection with
permit holder's business.
(F)(E) Except as otherwise provided in this division, no
retail permit holder shall display or permit the display on the
outside of any licensed retail premises, or on any lot of ground
on which the licensed premises are situated, or on the exterior
of
any building of which
said
the licensed premises are a part, any
sign, illustration, or advertisement bearing the name, brand
name,
trade name, trade-mark, designation, or other emblem of or
indicating the manufacturer, producer, distributor, place of
manufacture, production, or distribution of any beer or
intoxicating liquor. Signs, illustrations, or advertisements
bearing the name, brand name, trade name, trade-mark,
designation,
or other emblem of or indicating the manufacturer,
producer,
distributor, place of manufacture, production, or
distribution of
beer or intoxicating liquor may be displayed and
permitted to be
displayed on the interior or in the show windows
of any licensed
premises, if the particular brand or type of
product so advertised
is actually available for sale on the
premises at the time of
such
that display. The liquor control
commission shall determine by
rule the size and character of
such
those
signs, illustrations, or
advertisements.
(G)(F) No retail permit holder shall possess on the licensed
premises any barrel or other container from which beer is drawn,
unless there is attached to the spigot or other dispensing
apparatus the name of the manufacturer of the product contained
therein
in the barrel or other container, provided that
where
such,
if the beer is served at a bar, the
manufacturer's name or
brand
must appear in full view of the
purchaser. The commission
shall
regulate the size and character
of the devices provided for
in
this section.
(H)(G) Except as otherwise provided in this division, no
sale
of any gift certificate shall be permitted
whereby beer or
intoxicating liquor of any kind is to be
exchanged for
such
the
certificate, unless the gift certificate can
be exchanged only for
food, and beer or intoxicating liquor, for
on-premises consumption
and the value of the beer or intoxicating
liquor for which the
certificate can be exchanged does not exceed
more than thirty per
cent of the total value of the gift
certificate. The sale of gift
certificates for the purchase of beer, wine,
or
mixed beverages
shall be permitted for the purchase of beer, wine, or
mixed
beverages for off-premises consumption. Limitations on the use of
a
gift certificate for the purchase of beer, wine, or mixed
beverages for
off-premises consumption may be expressed by clearly
stamping or typing on the
face of the certificate that the
certificate may not be used for the purchase
of beer, wine, or
mixed beverages.
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 (E) and (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
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. 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,
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
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
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
or wine, manufactured in the
United
States,
outstanding
as of September 6, 1939. No beer
or
wine
manufactured in the United States shall be
imported into the
state
unless the
beer
or wine has been paid
for in
cash,
and no
consent to import supplier registration for any such beer
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 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. 4301.29. (A) Whenever the department of public safety seizes
beer, or intoxicating liquor, or alcohol pursuant
to Chapters 4301. and 4303. of the Revised Code, the department
shall forthwith destroy any or distribute the beer, or intoxicating liquor,
or alcohol, unless it is
determined to be fit for sale. If the beer, intoxicating liquor, or
alcohol is determined to be fit for sale, it shall be transferred to the
department or, beginning on July 1, 1997, the division of
liquor control for disposition under in accordance with division (D)(4) of section 2933.41 of the Revised Code. (B)(1) In case of any seizure of beer, or intoxicating liquor, or
alcohol under execution of any judgment rendered against the
holder of a permit, or in case of relation to the foreclosure of any lien on
any beer, or intoxicating liquor, or alcohol belonging to any such a
holder of a permit, or in case of relation to the insolvency or bankruptcy of such
a holder of a permit, or in any other case in which judicial process is
employed to subject any beer, or intoxicating liquor, or alcohol
belonging to or in the possession of the holder of a permit to
any claims whatsoever claim, the officer person seizing such the beer, or
intoxicating liquor, or alcohol or taking possession thereof
pursuant to such process shall deliver to the department or division all
beer, intoxicating liquor, or alcohol found in the possession of
the judgment debtor, bankrupt, or person for whom the officer has
been
appointed as a receiver. Thereupon the department or division shall sell
such beer, intoxicating liquor, or alcohol and pay the proceeds
of the sale thereof to the officer holding the process to be
disposed of by the officer according to or the person's designee may sell it, subject to division (B)(2) of this section, after obtaining the written consent of the division of liquor control. Proceeds from the sale of the beer or intoxicating liquor shall be paid in accordance with the applicable law and the orders of the
court issuing such the process.
(2) Beer or intoxicating liquor that is sold under division (B)(1) of this section shall not be sold to or purchased by the holder of a liquor permit, an applicant for a liquor permit, or any other business.
Sec. 4301.30. All fees collected by the division of
liquor control shall be deposited in the state treasury to the
credit of the undivided liquor permit fund, which is hereby
created, at the time prescribed under section 4301.12 of the
Revised Code. Each payment shall be accompanied by a statement
showing separately the amount collected for each class of permits
in each municipal corporation and in each township outside the
limits of any municipal corporation in such township. An amount
equal to forty-five per cent of the fund shall be paid from the fund into
the general revenue fund. Twenty per cent of the undivided liquor permit fund shall
be paid into the statewide
treatment and prevention fund, which is
hereby created in the state treasury. This amount shall be
appropriated by the general assembly, together with an amount
equal to one and one-half per cent of the gross profit of the
division of liquor control derived under division (B)(4) of
section 4301.10 of the Revised Code, to the department of alcohol
and drug addiction services. In planning for the allocation of
and in allocating these amounts for the purposes of Chapter 3793.
of the Revised Code, the department of alcohol and drug addiction
services shall comply with the nondiscrimination provisions of
Title VI of the Civil Rights Act of 1964, and any rules adopted
under that act. Thirty-five per cent of the undivided liquor permit fund
shall be distributed by the superintendent of liquor
control at
quarterly calendar periods as follows: (A) To each municipal corporation, the aggregate amount
shown by the statements to have been collected from permits
in the municipal corporation, for the use of the general fund of the municipal
corporation; (B) To each township, the aggregate amount shown by the
statements to have been collected from permits in its territory,
outside the limits of any municipal corporation located in the township,
for the use of the general fund of the township, or for fire
protection purposes, including buildings and equipment in the
township or in an established fire district within the township,
to the extent that the funds are derived from liquor permits
within the territory comprising such fire district. For the purpose of the distribution required by this
section, E, H, and D permits covering boats or vessels are deemed
to have been issued in the municipal corporation or township
wherein the owner or operator of the vehicle, boat, vessel, or
dining car equipment to which the permit relates has the owner's
or operator's
principal office or place of business within the state. Such distributions are subject to diminutions for refunds
as prescribed in section 4301.41 of the Revised Code. If the
liquor control commission is of the opinion determines that the police or
other officers of any municipal corporation or township entitled
to share in such a distribution distributions are refusing or culpably neglecting
to enforce this chapter and Chapter 4303. of the Revised Code, or
the penal laws of this state relating to the manufacture,
importation, transportation, distribution, and sale of beer and
intoxicating liquors, or if the prosecuting officer of a
municipal corporation or a municipal court fails to
comply with the request of the commission authorized by division
(A)(4) of section 4301.10 of the Revised Code, the commission,
by certified mail, may notify the chief executive
officer of the
municipal corporation or the board of township trustees of the
township of the failure and require the immediate cooperation of
the responsible officers of the municipal corporation or township
with the division of liquor control in the
enforcement of those
chapters and penal laws. Within thirty days after the
notice is served, the commission shall determine whether
the requirement has been complied with. If the commission
determines that the requirement has not been complied with, it
may issue an order to the
superintendent to withhold
the distributive share of the municipal corporation or township
until further order of the commission. This action of the
commission is reviewable within thirty days thereafter in the
court of common pleas of Franklin county.
Sec. 4301.39. (A) When the board of elections of any
county
determines that a petition for a local option election,
presented
pursuant to section 4301.33, 4301.331, 4301.332, 4301.333,
4303.29, or 4305.14 of
the Revised Code is sufficient, it shall
forthwith, by mail,
notify the division of liquor control of the
fact that
such a
the
petition has been filed and approved by it.
Upon the
determination of the results of any such election, the
board
shall forthwith notify the division by mail of the result
and shall forward
with the notice a
plat of the precinct in which
the election
was held and, if applicable, shall separately
identify the portion of the
precinct affected by the election. (B) On the plat of a precinct,
forwarded with the results of
an election that was held under
section 4301.35, 4301.351,
4301.353, 4301.354, or 4303.29 of
the Revised Code, the board
shall show and designate all of the streets and
highways in
the
precinct or relevant portion
thereof
of the precinct. (C) On the plat of a precinct, forwarded with the results
of
an election that was held under section 4301.352 of the
Revised
Code, the board shall show and designate all of the
following: (1) All of the streets and highways in the precinct; (2) The permit premises designated in the petition that
was
filed under section 4301.331 of the Revised Code; (3) A class C or D permit holder's personal or corporate
name, and, if it is different from the permit holder's personal or
corporate name,
the name of the business conducted by the permit
holder on the
designated premises; (4) The address of the designated premises. (D) On the plat of a precinct, forwarded with the results of
an election that was held under section 4301.355 of the
Revised
Code, the board shall show and
designate all of the following: (1) All streets and highways in the precinct; (2) The address of the particular location within the
precinct to which the election results will apply as designated
in
the petition that was filed under section 4301.333 of the
Revised
Code; (3) The name of the applicant for the issuance or
transfer
of the liquor permit,
or
of the holder of the liquor permit, or
name of the
liquor agency store, including any trade or fictitious
names
under which the applicant, holder, or operator intends to,
or
does, do business at the particular location, as designated in
the petition that was filed under section 4301.333 of the
Revised
Code.
(E) With the results of an election that was
held under
section 4301.356 of the Revised
Code, the board shall designate
both of the
following: (1) Each permit premises designated in the petition; (2) Each class C or
D permit holder's personal or corporate
name
and, if it is different from the personal or corporate name,
the
name of the business conducted by the permit holder on the
designated
premises. (F) If an application for recount is filed
with the board
of
elections pursuant to section 3515.02 of the Revised
Code or if an
election contest is commenced pursuant to section
3515.09 of the
Revised Code, the board
of elections shall send
written notice of
the recount or contest, by certified mail, to
the superintendent
of liquor control within two days from the date of
the filing of
the application for recount or the commencement of
an election
contest. Upon the final determination of an election
recount or
contest, the board
of elections shall send notice of
the final
determination, by certified mail, to the superintendent and the
liquor control commission. (G) If, as the result of a local option election held
pursuant to section 4301.35, 4301.351, 4301.353, 4301.354,
4303.29, or 4305.14
of the Revised Code, the use of a permit
is
made partially unlawful, the division shall,
within thirty days
after receipt of the final notice of the
result of the election,
pick up
and
the permit, amend
the permit
it by inserting
appropriate restrictions on
the permit
it, and forthwith reissue
the
permit
it without charge or refund to the permit holder,
unless, prior to thirty days after receipt of the final
notice of
the result of
such
the election, both of the following
occur: (1) A petition is filed with the board
of elections
pursuant
to section 4301.333 of the
Revised
Code; (2) A copy of the petition filed with the board
of
elections
pursuant to section 4301.333 of the
Revised
Code, bearing the file
stamp of
the board
of elections, is filed with the superintendent
of
the
division of liquor control. If both of those conditions are met, the results of the
election held pursuant to section 4301.35, 4301.351, 4301.353,
4301.354, 4303.29, or 4305.14 of the
Revised
Code shall not take
effect as
to the liquor permit holder specified in the petition
filed
pursuant to section 4301.333 of the
Revised
Code until the
earlier of a
determination by the board
of elections and receipt
of
notification
of
by the superintendent of
the division of liquor
control of notice that the petition is invalid or receipt by
the
superintendent of final notice of the result of an election
held
pursuant to section 4301.355 of the
Revised
Code concerning the
holder of
the liquor permit that resulted in a majority "no" vote. (H) If, as the result of a local option election, except a
local option election held pursuant to section
4301.352 of the
Revised Code, the
use of a permit is made wholly
unlawful, the
permit holder may, within thirty days after the
certification of
such
that final result by the board
of elections to
the division,
deliver the permit holder's permit to the
division for safekeeping
as provided in section 4303.272 of the Revised
Code, or the permit
holder may avail itself of the remedy set
forth in divisions
(G)(1) and
(2) of this section. In such event, the results of the
election
shall not take effect as to the liquor permit holder
specified
in the petition pursuant to section 4301.333 of the
Revised
Code until the earlier of a
determination by the board
of
elections and receipt by
the superintendent of
the division of
liquor
control of notice that the petition is invalid or receipt
by
the superintendent of the final notice of the result of an
election held pursuant to section 4301.355 of the
Revised Code
concerning the holder of
the liquor permit that resulted in a
majority "no" vote. (I) If a municipal corporation or township has been
paid
all
the moneys due it from permit fees under section 4301.30 of
the
Revised Code, it shall refund to the division ninety per
cent of
the money attributed to the unexpired portion of all
permits which
are still in force at the time of a local option
election that
makes use of the permits unlawful, except that no
refund shall be
made for the unexpired portion of a license year
that is less than
thirty days. Failure of the municipal
corporation or township to
refund the amount due entitles the
permit holders to operate under
their permits until the refund
has been made.
(J) If a municipal corporation or township has been paid all
the money due it from permit fees under section 4301.30 of the
Revised Code, it shall refund to the division ninety per cent
of
the money attributable to the unexpired portion of a permit at
the
time a local option election under section 4301.352 of the
Revised
Code makes use of the permit unlawful, except that no
refund shall
be made for the unexpired portion of a license year
that is less
than thirty days. Failure of the municipal
corporation or
township to refund the amount due entitles the
permit holder to
operate under the permit until the refund has been made.
Sec. 4301.41. Whenever the division of liquor
control
cancels a permit, the division shall refund to its
holder, or
to
the holder's executors, administrators, receivers, or
trustees in
bankruptcy, or to an assignee for the benefit of the
holder's
creditors, a
proportionate amount representing the unexpired
portion of the
holder's
permit year, except that such refund shall
in no event be more
than ninety per cent of such fee, and if the
unexpired portion of
the license year is less than thirty days, no
refund shall be
made. When the superintendent of liquor control
considers it advisable
to cancel the unexpired portion of
an
outstanding
a permit in order
that
such
the permit
or permits,
held by the permittee, may be issued
on a uniform expiration date
designated by the
superintendent, the
division of liquor control may credit
or
refund the unexpired portion
of permit
fees outstanding or collect
any additional amounts due resulting
from the uniform expiration
date so fixed. Notice of
such
a change
of
the expiration date and
such
of a credit, refund, or additional
amounts to be
credited,
refunded, or paid shall be given by the
division to the
permittee
holder of the permit at least thirty days prior
to the due
date.
Such refund shall be made subject to the order of the
division,
and at the next distribution of permit fee
revenues,
the amount
refunded shall be withheld from the moneys due to the
subdivision
which received the original permit fee.
Sec. 4301.424. (A) For the purpose of section 351.26
of the
Revised Code and to
pay any or all of the charge the board of
elections makes against the county to hold the
election on the
question of levying the tax, the board
of county commissioners, in
the manner prescribed by division (A) of
section 351.26 of the
Revised Code, may levy a tax on each gallon of
spirituous liquor;
on the sale of beer; and on the sale of wine and mixed
beverages.
The tax on spirituous liquor shall be imposed on
spirituous liquor
sold to or
purchased by liquor permit holders for resale, and sold
at retail
by the
department
division of liquor control, in the
county at a rate not greater than
three dollars per gallon; the
tax on beer, wine, and
mixed beverages shall be
imposed on all
beer, wine, and mixed beverages sold for resale
at retail in the
county, and on all beer, wine, and mixed
beverages sold at retail
in the county by the manufacturer,
bottler, importer, or other
person and upon which the tax has
not been paid. The rate of the
tax on beer shall not exceed sixteen cents per
gallon, and the
rate of the tax on wine and mixed
beverages
shall not exceed
thirty-two cents per gallon. Only one sale of the same
article
shall be used in computing, reporting, and paying the
amount of
tax due. The tax may be
levied for any number of years not
exceeding twenty. The tax shall be levied pursuant to a resolution of the
board
of county commissioners adopted as prescribed by division (A)
of
section 351.26 of the Revised Code
and approved by a majority of
the electors in
the county voting on the question of levying the
tax. The resolution shall
specify the rates of the tax, the
number of years
the tax will be levied, and the purposes for which
the tax is
levied. Such election may be held on the date of a
general or
special election held not sooner than seventy-five days
after the
date the board certifies its resolution to the board of
elections. If approved by the electors, the tax takes effect on
the first day of the month specified in the resolution but not
sooner than the first day of the month that is at least sixty
days
after the certification of the election results by the board
of
elections. A copy of the resolution levying the tax shall be
certified to the
department
division of liquor control and the tax
commissioner at
least sixty days
prior to the date on which the
tax is to become effective. (B) A resolution under this section may be joined on the
ballot as a single question with a resolution adopted under
section 5743.026 of the Revised Code to levy a tax
for the same
purposes, and for the purpose of paying the expenses
of
administering that tax. (C) The form of the ballot in an election held on the
question of
levying a tax proposed pursuant to this section shall
be as prescribed by
section 351.26 of the Revised Code.
Sec. 4301.77. The division of liquor control may provide the
social security number of an individual that the division
possesses to the department of public safety, the department of
taxation, the office of the attorney general, or any other state or local law enforcement agency if the department, office, or other state or local law enfocement agency requests the social
security number from the division to conduct an investigation,
implement an enforcement action, or collect taxes. Sec. 4301.99. (A) Whoever violates section 4301.47,
4301.48, 4301.49, 4301.62, or 4301.70 or division (B) of section
4301.691 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates section 4301.15, division (A)(2) or
(D) (C)
of section 4301.22, division (C), (D), (E), (F), (G), (H), or
(I)
of section 4301.631, or section 4301.64 or 4301.67 of the
Revised
Code is guilty of a misdemeanor of the fourth degree. If an offender who violates section 4301.64 of the
Revised
Code
was under the age of eighteen years at the time of the
offense, the court, in
addition to any other penalties it imposes
upon the offender, shall
suspend
the
offender's temporary
instruction permit, probationary
driver's license, or
driver's
license
for a period of
not less than six months
and not more than
one year. If the offender is fifteen years
and six months
of age
or older and has not been issued a temporary instruction
permit or
probationary driver's license, the offender shall not be
eligible
to
be issued such a license or permit for a period of six
months.
If the
offender
has not attained the age of fifteen years
and six
months, the offender shall
not be eligible to be issued a
temporary instruction permit until the offender
attains the age of
sixteen years. (C) Whoever violates division (D) of section 4301.21, or
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.633,
4301.66,
4301.68, or 4301.74, division (B), (C), (D), (E)(1), or (F)
of
section 4301.69 of the Revised Code, or division (C), (D),
(E),
(F), (G), or (I) of section 4301.691 of the Revised Code is
guilty
of a misdemeanor of the first degree. If an offender who violates
division (E)(1) of section
4301.69 of the
Revised
Code was under the age of eighteen years at
the time
of the
offense and the offense
occurred while the
offender was the
operator of or a passenger in a motor
vehicle,
the court, in
addition to any other penalties it imposes upon the
offender,
shall
suspend
the
offender's
temporary instruction
permit or
probationary driver's license for
a period of
not less
than six
months
and not more than one year.
If the offender is
fifteen
years and six months of age or older and has not been
issued a
temporary
instruction permit or probationary driver's
license,
the
offender shall not be eligible to be issued such a
license or
permit
for
a period of six months. If the offender has
not
attained the age of fifteen
years and six months, the offender
shall not be eligible to be issued a
temporary instruction permit
until the offender attains the age of sixteen
years. (D) Whoever violates division (B) of section 4301.14, or
division (A)(1) or (3), or (B), or (C) of section 4301.22 of the
Revised Code is guilty of a misdemeanor of the third degree. (E) Whoever violates section 4301.63 or division (B) of
section 4301.631 of the Revised Code shall be fined not less than
twenty-five nor more than one hundred dollars. The court
imposing
a fine for a violation of section 4301.63 or division
(B) of
section 4301.631 of the Revised Code may order that the
fine be
paid by the performance of public work at a reasonable
hourly rate
established by the court. The court shall designate
the time
within which the public work shall be completed. (F)(1) Whoever violates section 4301.634 of the Revised
Code
is guilty of a misdemeanor of the first degree. If, in
committing
a first violation of that section, the offender
presented to the
permit holder or the permit holder's
employee or agent a false,
fictitious, or altered identification card, a false or fictitious
driver's license purportedly issued by any state, or a driver's
license issued by any state that has been altered, the offender
is
guilty of a misdemeanor of the first degree and shall be fined
not
less than two hundred fifty and not more than one thousand
dollars, and may be sentenced to a term of imprisonment of not
more than six months. (2) On a second violation in which, for the second time,
the
offender presented to the permit holder or the permit
holder's
employee or
agent a false, fictitious, or altered identification
card, a
false or fictitious driver's license purportedly issued by
any
state, or a driver's license issued by any state that has
been
altered, the offender is guilty of a misdemeanor of the first
degree and shall be fined not less than five hundred nor more
than
one thousand dollars, and may be sentenced to a term of
imprisonment of not more than six months. The court also may
impose a class seven suspension of the offender's
driver's
or
commercial driver's license or
permit or nonresident operating
privilege
from the range specified
in division (A)(7) of section
4510.02 of the Revised
Code. (3) On a third or subsequent violation in which, for the
third or subsequent time, the offender presented to the permit
holder or the permit holder's employee or agent a false,
fictitious, or altered
identification card, a false or fictitious
driver's license
purportedly issued by any state, or a driver's
license issued by
any state that has been altered, the offender is
guilty of a
misdemeanor of the first degree and shall be fined not
less than
five hundred nor more than one thousand dollars, and may
be
sentenced to a term of imprisonment of not more than six
months. The court
also shall
impose a class six
suspension of
the
offender's driver's or
commercial driver's
license or permit
or nonresident operating
privilege
from the range
specified in
division (A)(6) of section
4510.02 of the Revised
Code, and the
court may order
that the suspension or denial
remain
in effect
until the offender attains the age of twenty-one
years.
The court
also may order the offender to perform a
determinate
number of
hours of community service, with the court
determining
the actual
number of hours and the nature of the
community service
the
offender shall perform. (G) Whoever violates section 4301.636 of the Revised Code is
guilty of a
felony of the fifth degree.
(H) Whoever violates division (A)(1) of section 4301.22 of
the Revised Code is guilty of a misdemeanor, shall be fined not
less than five hundred and not more than one thousand dollars,
and, in addition to the fine, may be imprisoned for a definite
term of not more than sixty days. (I) Whoever violates division (A) of section 4301.69 or
division (H) of section 4301.691 of the Revised Code is guilty of
a misdemeanor, shall be fined not less than five hundred and not
more than one thousand dollars, and, in addition to the fine, may
be imprisoned for a definite term of not more than six months.
Sec. 4303.03. Permit A-2 may be
issued to a manufacturer to manufacture wine from grapes or other
fruits grown in the state, if obtainable, otherwise to import
such fruits after submitting an affidavit of nonavailability to
the division of liquor control; to import and
purchase wine in
bond for blending purposes, the total amount of wine so imported
during the year covered by the permit not to exceed forty per
cent of all the wine manufactured and imported; to manufacture,
purchase, and import brandy for fortifying purposes; and to sell
such those products either in glass or container for consumption on the
premises where manufactured, for home use, and to retail and
wholesale permit holders under such the rules as are adopted by the
division. The fee for this permit is
one hundred twenty-six dollars for each plant producing one hundred wine
barrels, of fifty gallons each, or less annually. This initial
fee shall be increased at the rate of ten cents per such barrel
for all wine manufactured in excess of one hundred barrels during
the year covered by the to which this permit is issued.
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 that
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 five hundred
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. 4303.09. Permit B-4 may be
issued to a wholesale distributor to purchase from the holders of
A-4 permits and to import, distribute, and sell prepared and
bottled highballs, cocktails, cordials, and other mixed beverages
containing not less than four per cent of alcohol by volume and
not more than twenty-one per cent of alcohol by volume to retail
permit holders, and for home use, under rules adopted
by the division of liquor control. The formula and
samples of
all such of those beverages to be handled by the permit holder shall be
submitted to the division for its analysis and the
approval of the
division before such those beverages may be sold and
distributed in
this state. All labels and advertising matter used by the
holders of this permit shall be approved by the
division before
they may be used in this state. The fee for this permit shall be
computed on the basis of annual sales, and the initial fee is five
hundred dollars for each distributing plant or warehouse.
The initial fee shall be increased at the rate of ten cents per
wine barrel of fifty gallons for all such beverages distributed
and sold in this state in excess of one thousand such barrels
during the year covered by the permit.
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 or is owned by a state institution of higher education as defined in section 3345.011 of the Revised Code or a private college or university,
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 D-5a permits
that may be issued. The fee for this permit is two
thousand three hundred
forty-four 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 two
thousand three hundred
forty-four 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 five hundred sixty-three
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, at an airport operated by a port authority pursuant to Chapter 4582. of the Revised Code, or at an airport operated by a
regional
airport
authority pursuant to Chapter 308. of the
Revised
Code.
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.
No quota
restrictions shall be placed on the
number of such permits that
may be issued. The fee for this permit is two
thousand three hundred
forty-four 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 one thousand two
hundred nineteen 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.
The division
of liquor control 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 two
thousand three hundred
forty-four 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 eight hundred seventy-five 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 eight hundred seventy-five 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 seventy-five 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 It has at least one of the following characteristics: (a) The value of its real and personal property exceeds
seven hundred twenty-five thousand
dollars.
(b) It is located on property that is owned or leased by the state or a state agency, and its owner or operator has authorization from the state or the state agency that owns or leases the property to obtain a D-5i permit. 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 retail food establishment or 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 the D-5i
permit is
two thousand three hundred forty-four 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 meets one of the following qualifications: (a) It is located in a
municipal corporation
with a population of at least one hundred
thousand. (b) It is located in a municipal corporation with a population of at least twenty thousand, and either of the following applies: (i) It contains an amusement park the rides of which have been issued a permit by the department of agriculture under Chapter 1711. of the Revised Code. (ii) Not less than fifty million dollars will be invested in development and construction in the community entertainment district's area located in the municipal corporation. (c) It is located in a township with a population of at least forty 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 two thousand
three hundred
forty-four 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 recognized by the American association of
botanical gardens and arboreta, 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 eight
hundred
seventy-five dollars.
Sec. 4303.203. (A) As used in this section: (1) "Convention facility" and "nonprofit corporation" have the same
meanings as in section 4303.201 of the Revised Code. (2) "Hotel" means a hotel described in section 3731.01 of the
Revised Code that has at least fifty rooms for registered
transient guests and that is required to be licensed pursuant to section
3731.03 of the Revised Code. (B) An F-3 permit may be issued to an organization whose
primary purpose is to support, promote, and educate members of the beer,
wine, or mixed beverage industries, to allow the organization to bring beer,
wine, or mixed beverages in their original packages or containers into a
convention facility or hotel for consumption in the facility or hotel, if all
of the following requirements are met: (1) The superintendent of liquor control is satisfied that the
organization
is a nonprofit organization and that the organization's membership is in
excess of two hundred fifty persons. (2) The general manager or the equivalent officer of the convention
facility or hotel provides a written consent for the use of a portion of the
facility or hotel by the organization and a written statement that the
facility's or
hotel's permit privileges will be suspended in the portion of the facility or
hotel in which the F-3 permit is in force. (3) The organization provides a written description that clearly sets
forth the portion of the convention facility or hotel in which the
F-3 permit will be used. (4) The organization provides a written statement as to its primary
purpose and the purpose of its event at the convention facility or hotel. (5) Division (C) of this section does not apply. (C) No F-3 permit shall be issued to any nonprofit
organization that is created by or for a specific manufacturer, supplier,
distributor, or retailer of beer, wine, or mixed beverages. (D) Notwithstanding division (E)(D) of section 4301.22 of
the Revised Code, a holder of an F-3 permit may
obtain by donation beer, wine, or mixed beverages from any manufacturer or
producer of beer, wine, or mixed beverages. (E) Nothing in this chapter prohibits the holder of an
F-3 permit from bringing into the portion of the convention facility
or hotel covered by the permit beer, wine, or mixed beverages otherwise not
approved for sale in this state. (F) Notwithstanding division (E)(D) of section 4301.22 of
the Revised Code, no holder of an F-3 permit shall
make any charge for any beer, wine, or mixed beverage served by the drink, or
in its original package or container, in connection with the use of the
portion of the convention facility or hotel covered by the permit. (G) The division of liquor control shall prepare and make
available an F-3 permit application form and may require applicants
for the permit to provide information, in addition to that required by this
section, that is necessary for the administration of this section. (H) An F-3 permit shall be effective for a period not to
exceed five consecutive days. The division of liquor control shall not issue
more than three F-3 permits per calendar year to the same nonprofit
organization. The fee for an F-3 permit is three hundred
dollars.
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, with or 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 sixty 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)(D) 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. 4303.231. Permit W may be
issued to a manufacturer or supplier of beer or intoxicating
liquor to operate a warehouse for the storage of beer or
intoxicating liquor within this state and to sell those products
from the warehouse only to holders of B permits in this state and
to other customers outside this state under rules promulgated adopted by
the liquor control commission. Each holder of a B permit with a
consent to import supplier registration on file with the division of liquor control
may purchase beer or intoxicating liquor if designated by
the permit to make those purchases, from the holder of a W permit.
The fee for a W permit is one thousand five hundred sixty-three dollars
for each warehouse during the year covered by the permit.
Sec. 4303.24. All
initial
application fees
prescribed by
sections 4303.02 to 4303.23 of the Revised Code,
shall be remitted
to the division of liquor control when
applications are filed.
The
pendency, priority, or validity of
an application for a permit or duplicate permit
received by the division
prior to
or after January 1, 1948 shall
not be affected because the
division did not issue the permit
applied for or the applicant
failed to appeal to the liquor
control commission.
If a permit
is not issued within one hundred
twenty days from the date of
such remittance, such initial fee
shall be returned to the applicant. Such
return shall not affect
the
priority of the application in the municipal corporation or
unincorporated area of a county exclusive of any municipal
corporation, wherein the proposed permit premises are located.
The The division, prior to the granting of the a permit or duplicate permit applied
for,
shall notify, by certified mail, the applicant or the
applicant's
authorized
agent; and the. The applicant or the
applicant's
authorized agent
shall, within
thirty days after the
mailing of
such
that notice,
redeposit the
required fee, which
shall include
any fee increases that have
occurred since the
initial remission
of the fee, with
shall pay to the
division
the
entire amount of the
requisite permit
fee required by sections
4303.02 to 4303.231 or, in the case of a duplicate permit, section 4303.30 of
the Revised Code, if the permit or duplicate permit is issued
during the first six months of the year the permit or duplicate permit covers, or
one-half of the amount of the requisite permit fee, if the permit
or duplicate permit is issued during the last six months of the year the permit or duplicate permit
covers.
If
such
the applicant fails to
make such
redeposit
pay the
applicable amount of that requisite permit
fee within
those thirty days,
the
division shall cancel the
applicant's application
shall be
canceled. The procedure
prescribed in
this section for return of
permit fees shall not
apply to an application for renewal of a
permit.
All. All other fees shall be paid at
such
the time and in
such
the
manner
as is prescribed by the division. The liquor control
commission may promulgate adopt rules requiring reports or returns for
the purpose of determining the amounts of additional permit fees.
Sec. 4303.25. No person by
himself or herself personally or by the person's clerk, agent, or
employee
shall manufacture,
manufacture for sale, offer, keep, or possess for sale, furnish
or sell, or solicit the purchase or sale of any beer or
intoxicating liquor in this state, or transport, or import, or
cause to be transported or imported any beer, intoxicating
liquor, or alcohol in or into this state for delivery, use, or
sale, unless such the person has fully complied with Chapters this chapter and Chapter 4301.
and 4303. of the Revised Code or is the holder of a permit issued
by the division of liquor control and in force at the time. The superintendent of liquor control
may adopt rules requiring persons a person acting in capacities only as
sales representatives as an agent, solicitor, or salesperson for a manufacturer, supplier, broker, or wholesale distributor, who solicit solicits permit holders authorized to
deal in beer and intoxicating liquors liquor, to be registered with the
division and may cite for revocation such the registrant to the
liquor control commission for a violation of such chapters this chapter, Chapter 4301. of the Revised Code, or of
the rules adopted by the commission or superintendent.
Sec. 4303.27. Each permit issued under sections 4303.02 to
4303.23 of the Revised Code, shall authorize the person named to
carry on the business specified at the place or in the boat,
vessel, or classes of dining car equipment described, and shall
be
issued for one year, or part
thereof
of one year, commencing on
the day
after the uniform expiration dates designated by the
division of liquor control,
or for the unexpired portion of such
year, and no longer, subject
to suspension, revocation, or
cancellation as authorized or
required by
Chapters
this chapter or
Chapter 4301.
and 4303. of the Revised Code. Upon
application by
a permit holder, the superintendent of liquor
control
may expand
during specified seasons of the year the premises for
which the
permit holder's permit was issued to include a premises
immediately adjacent to the premises for which the permit was
issued, so long as the immediately adjacent premises is under the
permit holder's ownership and control and is located in an area
where sales under the permit are not prohibited because of a
local
option election. Whenever the
superintendent considers it
advisable to cancel the unexpired portion of an
outstanding permit
in order that the permit may be issued on one
of the uniform
expiration dates designated by the
superintendent, the
superintendent shall
refund
credit to the holder a proportionate
amount
representing
the unexpired portion of the permit year
pursuant to section
4301.41 of the Revised Code. Such permit does
not authorize the
person named to carry on the business specified
at any place or
in any vehicle, boat, vessel, or class of dining
car equipment
other than that named, nor does it authorize any
person other
than the one named in such permit to carry on
such
that business at
the place or in the vehicle, boat, vessel, or
class of dining car
equipment named, except pursuant to compliance
with the rules and orders of
the
division governing the assignment
and transfer of permits, and with the
consent of the division.
The
holder of a G permit may
substitute the name of another
licensed
pharmacist
for that
entered on the permit, subject to
rules of the
division. Chapters
This chapter and Chapter 4301.
and 4303. of the
Revised Code do not
prohibit the holder of an A, B, C, or D permit
from making
deliveries of beer or intoxicating liquor containing
not more
than twenty-one per cent of alcohol by volume, or
prohibit the
holder of an A or B permit from selling or
distributing beer or
intoxicating liquor to a person at a place
outside this state, or
prohibit the holder of any such a permit,
or an H permit, from
delivering any beer or intoxicating liquor so
sold from a point
in this state to a point outside this state.
Sec. 4303.271. (A) Except as
provided in divisions (B) and
(D) of this section, the holder of
a permit issued under sections
4303.02 to 4303.23 of the Revised
Code, who files an application
for the renewal of the same class
of permit for the same premises,
shall be entitled to the renewal
of the permit. The division of
liquor control shall renew the
permit unless the division rejects
for good cause any renewal
application, subject to the right of
the applicant to appeal the
rejection to the liquor control
commission. (B) The legislative authority of
the municipal corporation,
the board of township trustees, or the
board of county
commissioners of the county in which a permit
premises is located
may object to the renewal of a permit issued
under sections
4303.11 to 4303.183 of the Revised Code for any of
the reasons
contained in division (A) of section 4303.292 of the
Revised Code.
Any objection shall be made no later than thirty
days prior to the
expiration of the permit, and the
department
division shall accept
the objection if it is postmarked no later than thirty days prior
to the
expiration of the permit. The objection shall be made by a
resolution specifying the reasons for objecting to the renewal
and
requesting a hearing, but no objection shall be based upon
noncompliance of the permit premises with local zoning
regulations
which
that prohibit the sale of beer or intoxicating
liquor in an
area zoned for commercial or industrial uses, for a
permit
premises that would otherwise qualify for a proper permit
issued
by the division. The resolution shall
be accompanied by a
statement by the chief legal officer of the
political subdivision
that, in the chief legal officer's
opinion, the objection is
based
upon substantial legal grounds within the meaning and
intent of
division (A) of section 4303.292 of the Revised Code. Upon receipt of a resolution of a
legislative authority or
board objecting to the renewal of a
permit and a statement from
the
chief legal officer, the division
shall set a time for the
hearing and send by certified mail to
the permit holder, at the
permit holder's usual place of
business, a copy of the
resolution
and notice of the hearing. The division shall then
hold a hearing
in the central office of the division,
except that, upon written
request of the legislative authority or
board, the hearing shall
be held in the county seat of the county
in which the permit
premises is located, to determine whether the
renewal shall be
denied for any of the reasons contained in
division (A) of section
4303.292 of the Revised Code. Only the
reasons for refusal
contained in division (A) of section 4303.292
of the Revised Code
and specified in the resolution of objection
shall be considered
at the hearing. The permit holder and the
objecting legislative authority or
board shall be parties to the
proceedings under this section and
shall have the right to be
present, to be represented by counsel,
to offer evidence, to
require the attendance of witnesses, and to
cross-examine
witnesses at the hearing. (C) An application for renewal
of a permit shall be filed
with the division at least fifteen
days prior to the expiration of
an existing permit, and the
existing permit shall continue in
effect as provided in section
119.06 of the Revised Code until the
application is approved or
rejected by the division. Any holder
of a permit, which has
expired through failure to be renewed as
provided in this
section, shall obtain a renewal of the permit,
upon filing an
application for renewal with the division, at any
time within
thirty days from the date of the expired permit. A
penalty of
ten per cent of the permit fee shall be paid by the
permit holder
if the application for renewal is not filed at least
fifteen days
prior to the expiration of the permit. (D)(1) Annually,
beginning in
1988, the tax commissioner
shall cause the sales and withholding
tax records in the
department of taxation for each holder of a
permit issued under
sections 4303.02 to 4303.23 of the Revised
Code to be examined to
determine if the permit holder is
delinquent in filing any sales
or withholding tax returns or has
any outstanding liability for
sales or withholding tax,
penalties, or interest imposed pursuant
to Chapter 5739. or
sections 5747.06 and 5747.07 of the Revised
Code. If any
delinquency or liability exists, the commissioner
shall send a
notice of that fact by certified mail, return receipt
requested,
to the permit holder at the mailing address shown in
the records
of the department. The notice shall specify, in as
much detail
as is possible, the periods for which returns have not
been filed
and the nature and amount of unpaid assessments and
other
liabilities and shall be sent on or before the first day of
the
third month preceding the month in which the permit expires.
The
commissioner also shall notify the division of liquor control
of the delinquency or liability, identifying the permit holder by
name and permit number. (2)(a) Except as provided in
division (D)(4) of this
section, the division of liquor control
shall not renew the permit
of any permit holder the tax
commissioner has identified as being
delinquent in filing any
sales or withholding tax returns or as
being liable for
outstanding sales or withholding tax, penalties,
or interest as
of the first day of the sixth month preceding the
month in which
the permit expires, or of any permit holder the
commissioner has
identified as having been assessed by the
department on or before
the first day of the third month preceding
the month in which the
permit expires, until the division is
notified by the tax
commissioner that the delinquency, liability,
or assessment has
been resolved. (b)(i) Within ninety days after the
date on which the permit
expires, any permit holder whose permit
is not renewed under this
division may file an appeal with the
liquor control commission.
The commission shall notify the tax
commissioner regarding the
filing of any such appeal. During the
period in which the appeal
is pending, the permit shall not be renewed by the division. The
permit shall
be reinstated if the permit holder and the tax
commissioner or the attorney general demonstrate to the liquor
control commission that the commissioner's notification of a
delinquency or assessment was in error or that the issue of the
delinquency or assessment has been resolved. (ii) A permit holder who has filed an appeal under
division
(D)(2)(b)(i) of this section may
file
a motion to withdraw the
appeal. The division of
liquor control may renew
a permit
holder's permit if the permit holder has withdrawn such an appeal
and
the division receives written certification from the
tax
commissioner
that the permit holder's delinquency or assessment
has been resolved. (3) A permit holder notified of
delinquency or liability
under this section may protest the
notification to the tax
commissioner on the basis that no returns
are delinquent and no
tax, penalties, or interest is outstanding.
The commissioner
shall expeditiously consider any evidence
submitted by the permit
holder and, if it is determined that the
notification was in
error, immediately shall inform the
division of liquor control
that the renewal application may be
granted. The renewal shall
not be denied if the delinquency or
unreported liability is the
subject of a bona fide dispute
pursuant to section 5717.02,
5717.04, 5739.13, or 5747.13 of the
Revised Code. (4) If the commissioner
concludes that under the
circumstances the permit holder's
delinquency or liability has
been conditionally resolved, the
commissioner
shall allow the
permit to be renewed, conditioned upon the permit
holder's
continuing performance in satisfying the delinquency and
liability. The conditional nature of the renewal shall be
specified in the notification given to the division of liquor
control under division (D)(1) of this section. Upon receipt of
notice of the resolution, the division shall issue a
conditional
renewal. If the taxpayer defaults on any agreement
to pay the
delinquency or liability or fails to keep subsequent
tax payments
current, the liquor control commission, upon request
and proof of
the default or failure to keep subsequent tax
payments current,
shall indefinitely suspend the permit holder's
permit until all
taxes and interest due are paid. (5) The commissioner may adopt
rules to assist in
administering the duties imposed by this
section.
Sec. 4303.292. (A) The division of liquor control may
refuse to issue, transfer the ownership of, or renew, and shall
refuse to transfer the location of, any retail permit issued under
this chapter if it finds
either of the following: (1) That the applicant,
or any partner, member, officer,
director, or manager
thereof
of the applicant, or, if the
applicant is a corporation or limited liability company,
any
shareholder
owning
ten
five per
cent or more of
its
the
applicant's
capital stock
in the corporation or any member owning
five per cent or more of either the voting interests or membership
interests in the limited liability company: (a) Has been convicted at any time of a crime
which
that
relates to fitness to operate a liquor establishment; (b) Has operated liquor permit businesses in a manner
that
demonstrates a disregard for the laws, regulations, or local
ordinances of this state or any other state; (c) Has misrepresented a material fact in applying to the
division for a permit;
or (d) Is in the habit of using alcoholic beverages or
dangerous drugs to excess, or is addicted to the use of
narcotics. (2) That the place for which the permit is sought: (a) Does not conform to the building, safety, or health
requirements of the governing body of the county or
municipality
municipal corporation
in which the place is located. As used in
division (A)(2)(a) of
this section, "building, safety, or health
requirements" does not
include local zoning ordinances. The
validity of local zoning
regulations shall not be affected by this
section. (b) Is so constructed or arranged that law enforcement
officers and duly authorized agents of the division are
prevented
from reasonable access to rooms within which beer or
intoxicating
liquor is to be sold or consumed.; (c) Is so located with respect to the neighborhood that
substantial interference with public decency, sobriety, peace, or
good order would result from the issuance, renewal, transfer of
location, or transfer of ownership of the permit and operation
thereunder
under it by the applicant.; or (d) Has been declared a nuisance pursuant to
Chapter 3767.
of the
Revised Code since the time of the most
recent issuance,
renewal, or transfer of ownership or location of
the liquor
permit. (B) The division of liquor control may refuse to issue
or
transfer the ownership of, and shall refuse to transfer the
location of, any retail permit issued under this chapter if it
finds
either of the following: (1) That the place for which the permit is sought is so
situated with respect to any school, church, library, public
playground, or hospital that the operation of the liquor
establishment will substantially and adversely affect or
interfere
with the normal, orderly conduct of the affairs of
those
facilities or institutions.; (2) That the number of permits already existent in the
neighborhood is such that the issuance or transfer of location of
a permit would be detrimental to and substantially interfere with
the morals, safety, or welfare of the public, and, in. In reaching
a
conclusion in this respect, the division shall
consider, in
light of the purposes of
this chapter and Chapters 4301., 4303.,
and 4399. of the
Revised Code, the character and population of the
neighborhood,
the number and location of similar permits in the
neighborhood,
the number and location of all other permits in the
neighborhood,
and the effect the issuance or transfer of location
of a permit
would have on the neighborhood. (C) The division of liquor control shall not
transfer
the
location or transfer the ownership and location of a permit
under
division (B)(3)(b) of section 4303.29 of the Revised Code
unless
the permit is transferred to an economic development
project. (D) The division of liquor control shall refuse to
issue,
renew, transfer the ownership of, or transfer the location of a
retail permit under this chapter if the applicant is or has been
convicted of
a violation of division (C)(1) of section 2913.46 of
the
Revised Code. (E) The division of liquor control shall refuse to transfer
the
ownership of or transfer the location of a retail permit under
this chapter
while criminal proceedings are pending against the
holder of the permit for a
violation of division (C)(1) of section
2913.46 of the
Revised Code. The
department of job and family
services public safety shall notify the
division of liquor control whenever
criminal proceedings have commenced
for a violation of division
(C)(1) of section 2913.46 of
the Revised Code. (F) The division of liquor control shall refuse to
issue, renew, or transfer
the ownership or location of a retail
permit under this chapter if
the applicant has been found to be
maintaining a nuisance under
section 3767.05
of the Revised Code at the premises for which
the
issuance, renewal, or
transfer of ownership or location of the
retail permit is sought.
Sec. 4303.293. (A) Any person
making application concerning
a permit to conduct a business for
which a permit is required
under this chapter shall list on the
application the name and
address of each person having a legal or
beneficial
interest in
the ownership of the business, including contracts for
purchase on
an installment basis. If any person is a
corporation
or limited
liability company, the
applicant shall list the names of each
officer
of the corporation
and; the names of each officer of the
limited liability company, if the limited liability company has
officers, and the names of the managing members of the company or
the managers of the company, if the management of the company is
not
reserved to its members; the names of each person owning or
controlling
ten
five per cent
or more of
the capital stock of the
corporation;
if
and
the names of each person owning
or controlling
five per cent or more of either the voting interests or membership
interests in the
limited
liability company. If any person is a
partnership
or association, the
applicant shall list the names of
each
partner or member of the
association. Any person having a
legal
or beneficial interest
in
the ownership of the business,
other than a bank as defined in
section
1101.01 of the Revised
Code or a building and loan
association as
defined in section
1151.01 of the Revised Code,
shall notify the
division of liquor
control of the interest
in
such ownership,
including contracts for
purchase on an installment
basis,
occurring after the application
for, or the issuance of,
the
permit.
Such
The notification shall
be given within fifteen
days of
the change. Whenever the person
to whom a permit has been
issued
is a corporation
or limited
liability company and any
transfer
of that corporation's stock
or
that limited liability
company's membership interests is
proposed
such that, following
the
transfer, the owner of the
majority
or
plurality of shares of stock in the
corporation would change
or
the owner of the majority or plurality of the limited liability
company's membership interests would change,
such
the
proposed
transfer of stock
or
membership interests
shall be considered a
proposed
transfer of
ownership of the
permit, and application
shall be
made
to the division of liquor control for a
transfer of
ownership.
The application shall be
subject to the
notice and
hearing
requirements of section 4303.26
of the Revised
Code and to
the
restrictions imposed by
section
4303.29 and
division (A)(1) of
section 4303.292 of the Revised
Code. (B) Whoever violates this
section is guilty of a misdemeanor
of the first degree.
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
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,
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 be paid in accordance with section 4303.24 of the Revised Code.
Sec. 4399.02. The owner of a building or premises, and the
person renting or
leasing them
who know, if the owner or person
knows that intoxicating liquors are to be sold
therein
in the
building or premises in
violation of law, or, having leased them
for other purposes, who knowingly
permit intoxicating liquors to
be sold therein which cause the intoxication,
in
whole or in part,
of a person described in section 4399.01 of the Revised
Code,
shall be liable
is severally or jointly
liable with the person
selling
or giving such
the
intoxicating liquors for all damages
sustained, as well as exemplary damages.
Sec. 4399.04. Fines, costs, and damages assessed against a
person in
consequence of the sale of intoxicating liquors, as
provided in sections
4399.01
4399.02 to 4399.08 of the Revised
Code, and the penal statutes relating
thereto
to the sale, shall
be a lien upon the real estate of the person. The real estate
and
personal property of the person shall be liable to execution for
the
fines,
costs, and damages without exception or exemption,
except
such
for personal
property
as
that is exempt by law.
Sec. 4399.07. All damages recovered by a minor under
sections
4399.01
4399.02 to
4399.08, inclusive,
of the Revised
Code, shall be paid either to
such
the minor, or to
his
the
minor's parent,
guardian, or next friend, as the court directs.
Sec. 4399.08. A suit for damages under sections
4399.01
4399.02 to 4399.08,
inclusive,
of the Revised Code, shall be by a
civil action in any court having
jurisdiction
thereof
over the
action.
Sec. 4399.18. Notwithstanding
division (A) of section
2307.60
of the Revised
Code and except
as
otherwise provided in
this section
and in
section 4399.01 of
the
Revised Code, no
person, and no executor or
administrator of the
person, who
suffers personal
injury, death,
or
property damage as
a result
of
the actions of an
intoxicated
person has a cause of
action against
any liquor permit holder or
an employee
of a liquor permit holder
who
sold beer or
intoxicating liquor to the intoxicated person
unless
the
personal injury,
death, or property damage
occurred on
the
permit
holder's premises
or in a parking
lot
under
the
control
of
the
permit holder and
was
proximately caused by the
negligence of
the
permit holder
or
an employee of the permit
holder.
A
person
has a
cause of action
against a permit holder or
an
employee
of a
permit holder for
personal injury,
death,
or
property
damage
caused by the negligent
actions of an
intoxicated
person occurring
off the
premises or
away
from a
parking lot
under
the permit
holder's control only
when
both of
the
following
can be
shown by a
preponderance of the
evidence: (A) The permit holder or
an employee
of the permit
holder
knowingly sold an
intoxicating beverage to at
least one of
the
following: (1) A noticeably intoxicated person in violation of
division
(B) of section 4301.22 of the Revised Code; (2) A person in violation of division (C) of section
4301.22
of the Revised Code; (3) A person in violation of section 4301.69 of the
Revised
Code.
(B) The person's intoxication proximately caused the
personal injury, death, or property
damage. Notwithstanding sections 4399.02 and 4399.05 of the Revised
Code, no person, and no executor or administrator of the
person,
who suffers personal injury, death, or
property damage as a
result
of the actions
of an intoxicated person has a cause of
action
against
the owner of a building or premises who rents or
leases
the
building or premises to a liquor permit holder against
whom a
cause of action may be brought under this section, except
when the
owner and the permit holder are the same person.
Section 2. That existing sections 109.572, 121.08, 307.697, 351.26,
924.51,
1333.83, 2933.41, 4301.07, 4301.10, 4301.19, 4301.20, 4301.22, 4301.24, 4301.29, 4301.30,
4301.39, 4301.41,
4301.424, 4301.99,
4303.03, 4303.07, 4303.09, 4303.181, 4303.203, 4303.204, 4303.231, 4303.24, 4303.25,
4303.27, 4303.271, 4303.292,
4303.293,
4303.30, 4399.02,
4399.04, 4399.07,
4399.08, and 4399.18 and
section
4399.01 of the
Revised Code are
hereby repealed.
Section 3. Section
307.697 of the Revised Code is presented
in this act as a
composite of the section as amended by Am. Sub.
H.B. 239, Am. Sub.
S.B. 162, and Am. Sub. S.B. 188 of the 121st
General Assembly. Section 4301.20 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. S.B. 149 and Am. Sub. S.B. 162 of
the 121st General Assembly. Section 4301.99 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 17 and Am. Sub. S.B. 123 of
the 124th General Assembly.
Sections 4303.24 and 4303.293 of the Revised
Code are presented in
this act as composites of the sections as
amended by both Am. Sub.
S.B. 149 and Am. Sub. S.B. 162 of the
121st 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 versions of these
sections are the resulting
versions of the sections in effect
prior to the effective date of
the sections as presented in this
act.
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