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Am. Sub. S. B. No. 164As Passed by the HouseAs Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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SENATORS Schuler, Blessing, Dann, Robert Gardner, Fingerhut, Hagan
REPRESENTATIVES Trakas, Barrett, Carano, Daniels, DeGeeter, D. Evans, Harwood, Kearns, Niehaus, Seitz, Willamowski
A BILL
To amend sections 4301.22, 4303.07, 4303.10, 4303.17, and 4303.35 of the Revised Code to remove under specified conditions the prohibition against allowing liquor agency stores to sell spirituous liquor on Sunday, to authorize the sale of beer and wine under a D-4 permit under specified conditions after its location has been transferred, to generally authorize B-2 permit holders to sell wine to retail permit holders and B-5 permit holders to sell wine to wholesale and retail permit holders, to generally require retail permit holders to purchase beer, wine, and mixed beverages from manufacturers and wholesalers that are A or B permit holders and to purchase spirituous liquor from the Division of Liquor Control, and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.22, 4303.07, 4303.10, 4303.17, and 4303.35 of the Revised Code be amended to read as follows:
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 sales of intoxicating liquor shall be made after
two-thirty a.m. on Sunday, except that intoxicating under either of the following circumstances: (1) Intoxicating liquor may be
sold on Sunday under authority of a permit
that authorizes
Sunday sale. (2) Spirituous liquor may be sold on Sunday by any person awarded an agency contract under section 4301.17 of the Revised Code if the sale of spirituous liquor is authorized in the applicable precinct as the result of an election on question (B)(1) or (2) of section 4301.351 of the Revised Code and if the agency contract authorizes the sale of spirituous liquor on Sunday. 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. (D) No holder of a permit shall give away any beer or
intoxicating liquor of any kind at any time in connection with the
permit holder's business. (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
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
that display. The liquor control
commission shall determine by
rule the size and character of
those
signs, illustrations, or
advertisements. (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
in the barrel or other container, provided that,
if the beer is served at a bar, the
manufacturer's name or
brand
must shall appear in full view of the
purchaser. The commission
shall
regulate the size and character
of the devices provided for
in
this section. (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
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. 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
retail 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. 4303.10. Permit B-5 may be issued to a wholesale
distributor of wine to
purchase wine from the holders of A-2
permits, to purchase and import wine in
bond or otherwise, in bulk
or in containers of any size, and to bottle wine
for distribution
and sale to holders of A-1-A, B-2, B-3, B-5, C-2, D-2, D-3,
D-4,
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,
D-5j,
D-5k, and E
wholesale or retail permits and for home use in sealed containers.
No wine shall be bottled by a
B-5 permit holder in containers
supplied by any person who intends the wine
for home use. The fee
for this permit is one thousand five hundred sixty-three
dollars.
Sec. 4303.17. (A)(1) Permit D-4 may be
issued to a club that has been in existence for three years or
more prior to the issuance of the permit to sell beer and any
intoxicating liquor to its members only, in glass or container,
for consumption on the premises where sold. The fee for this
permit is four hundred sixty-nine dollars. No such No D-4 permit
shall be granted or retained until all elected officers of such the
organization controlling such the club have filed with the
division
of liquor control a statement certifying that such the club is
operated in the interest of the membership of a reputable
organization, which is maintained by a dues paying membership,
setting forth the amount of initiation fee and yearly dues. All
such matters shall be contained in a statement signed under oath
and accompanied by a surety bond in the sum of one thousand
dollars. Such The bond shall be declared forfeited in the full
amount of the penal sum of the bond for any false statement
contained in such certificate that statement, and the surety shall pay the amount
of the bond to the division. The The roster of
membership of a D-4
permit holder shall be submitted under oath on the request of the
superintendent of liquor control. Any information
acquired by the
superintendent or the division
with respect to such that membership shall
not be open to public inspection or examination and may be
divulged by the superintendent and the
division only in hearings
before the liquor control commission or in a court action in
which the division or the
superintendent is named a party. (2) The requirement that a club shall
have been in existence for three years in order to qualify for a
D-4 permit does not apply to units of organizations chartered by
congress or to a subsidiary unit of a national fraternal
organization if the parent organization has been in existence for
three years or more at the time application for a permit is made
by such unit. (B) No rule or order of the
division or commission shall prohibit a charitable
organization
that holds a D-4 permit from selling or serving beer or
intoxicating liquor under its permit in a portion of its premises
merely because that portion of its premises is used at other
times for the conduct of a bingo game as described in division (S) of section 2915.01 of the Revised Code. However, such
an organization shall not sell or serve beer or intoxicating
liquor or permit beer or intoxicating liquor to be consumed or
seen in the same location in its premises where a
bingo game, as described in division (S)(1) of section 2915.01 of the Revised Code, is being conducted while the game is being conducted.
As used in this section division, "charitable organization" has the same
meaning as in division (H) of section 2915.01 of the Revised Code.
(C) Notwithstanding any contrary provision of sections 4301.32 to 4301.41, division (C)(1) of section 4303.29, and section 4305.14 of the Revised Code, the holder of a D-4 permit may transfer the location of the permit and sell beer and wine at the new location if that location is in an election precinct in which the sale of beer and wine, but not spirituous liquor, otherwise is permitted by law.
Sec. 4303.35. No holders of A-1-A, C-1, C-2, D-1, D-2, D-3,
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,
D-5h, D-5i, D-5j,
D-5k, F, F-3, F-5, or F-6 retail permits shall purchase any beer
subject to the tax imposed by sections 4301.42
and
4305.01 of the
Revised Code or any wine or mixed beverage
subject
to the tax
imposed by section 4301.43 of the Revised Code
for
resale, except
from holders of A or B permits. No holders of A-1-A, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,
D-5c,
D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,
D-5j, or D-5k retail permits
shall
purchase spirituous
liquor for resale except from the
division of
liquor
control, unless with the special consent of the
division
under
particular regulations and markup provisions
prescribed
by
the superintendent of liquor control.
Section 2. That existing sections 4301.22, 4303.07, 4303.10, 4303.17, and 4303.35 of the Revised Code are hereby repealed.
Section 3. Sections 4301.22, 4303.07, 4303.10, and 4303.35 of the Revised Code, as amended by this act, shall take effect on the ninety-first day after the effective date of this act.
Section 4. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for this necessity is that the location of certain D-4 liquor permits cannot be transferred unless the changes this act makes to section 4303.17 of the Revised Code take effect very soon. Therefore, this act shall take immediate effect.
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