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Sub. S. B. No. 164As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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SENATORS Schuler, Blessing, Dann, Robert Gardner, Fingerhut, Hagan
A BILL
To amend section 4301.22 of the Revised Code to remove under specified conditions the prohibition against allowing liquor agency stores to sell spirituous liquor on Sunday.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4301.22 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 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 under either of the following circumstances: (1) Intoxicating liquor may be
sold on Sunday under authority of a permit which 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. (E) 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. (F) 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 display. The liquor control
commission shall determine by rule the size and character of such
signs, illustrations, or advertisements. (G) 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, provided that where such 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. (H) 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 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.
Section 2. That existing section 4301.22 of the Revised Code is hereby repealed.
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