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(125th General Assembly)
(Substitute Senate Bill Number 23)
AN ACT
To amend sections 4301.25, 4301.252, 4301.365, 4301.62, and 4303.35 and to enact sections 4301.253, 4301.635, and 4303.206 of the Revised Code to
create the F-6 permit to be issued to a nonprofit organization to sell wine at an event the organization sponsors; to
require the Liquor Control Commission, when
considering enforcement actions against the holder
of a permit authorizing the sale of beer, wine, mixed beverages, or
intoxicating liquor, to take into consideration
whether the permit holder and the permit holder's
employees have successfully completed a training
program on specified topics; to provide, if a particular location is allowed to sell beer or intoxicating liquor on Sunday between 1 p.m. and midnight and a question allowing those sales from 10 a.m. to midnight is defeated, the location can continue sales between 1 p.m. and midnight; to require that liquor permit holders be notified after they have been the subject of a compliance check conducted by a law enforcement agency to enforce the Underage Drinking Law; to require the Liquor Control Commission in disciplinary actions to consider whether such a compliance check was conducted with trickery, deceit, or deception involved; and to make changes relating to the penalties that may be imposed because of a permit holder's violation of the Liquor Control Law.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 4301.25, 4301.252, 4301.365, 4301.62, and 4303.35 be amended and sections 4301.253, 4301.635, and 4303.206 of the Revised Code be
enacted to read as follows:
Sec. 4301.25. (A) The liquor control commission may
suspend or revoke any permit issued pursuant to Chapters 4301.
and under this chapter or Chapter 4303. of the Revised Code for the violation of any of the
applicable restrictions of such chapters either chapter or of any lawful rule of
the commission or, for other sufficient cause, and for the
following causes: (1) Conviction of the holder or the holder's agent or employee for
violating a section of Chapters 4301. and this chapter or Chapter 4303. of the Revised
Code or for a felony; (2) The entry of a judgment pursuant to division (D) or
(E) of section 3767.05 of the
Revised Code against a permit holder or the holder's
agent or employee finding the existence of a nuisance at a liquor permit
premises or finding the existence of a nuisance as a result of the operation
of a liquor permit premises; (3) Making any false material statement in an application
for a permit; (4) Assigning, transferring, or pledging a permit contrary
to the rules of the commission; (5) Selling or promising to sell beer or intoxicating
liquor to a wholesale or retail dealer who is not the holder of a
proper permit at the time of the sale or promise; (6) Failure of the holder of a permit to pay an excise tax
together with any penalties imposed by the law relating thereto to that failure
and for violation of any rule of the department of taxation in
pursuance thereof of the tax and penalties. (B) The liquor control commission shall revoke a permit issued pursuant to
a provision of Chapter 4301. this chapter or Chapter 4303. of
the Revised Code upon the conviction of the
holder of the permit of a violation of division (C)(1) of
section 2913.46 of the Revised Code. (C)(1) When the commission considers the length of a
suspension of a permit, it may consider the volume of the
business of the permit holder, so that the length of the
suspension is in proportion to the seriousness of the offense and
the permit holder's business in order that the suspension serve
as a penalty and a deterrent. Evidence as to the volume of
business of the permit holder may be offered by the permit holder
or subpoenaed by the commission. (2) When the commission considers the length of a proposed suspension of a permit and the proposed suspension results from an offense that was committed during a compliance check as defined in section 4301.635 of the Revised Code, the commission may consider whether trickery, deceit, or deception was used in the conduct of the compliance check.
Sec. 4301.252. (A)(1) Except as provided in divisions (A)(2)(d), (B),
and (C) of this section, when the liquor control commission
determines that the permit of any permit holder is to be
suspended under Title XLIII of the Revised Code or any rule of
the commission, the commission may issue an order allowing a
permit holder to elect to pay a forfeiture for each day of the
suspension in accordance with division (A)(2) of this section,
rather than to suspend operations under the permit holder's
permit issued for the
premises at which the violation occurred. (2)(a) If the permit holder has not violated, at the
premises for which the permit holder's permit was issued,
any provision of Title
XLIII of the Revised Code or rule of the commission during the
preceding two years, the amount of the forfeiture for each day
for the suspension shall be from one hundred to two hundred
dollars. (b) If the permit holder has violated, at the premises for
which the permit holder's permit was issued, any provision
of Title XLIII of the
Revised Code or rule of the commission for which the permit
holder has been disciplined by the commission not more than one other time
during the preceding two years, the amount of the forfeiture for each
day of the suspension shall be from two hundred to four hundred
dollars. (c) Except as provided under division (A)(2)(e) of this
section, if the permit holder has subsequently violated, at the
premises for which the permit holder's permit was issued,
any provision of Title
XLIII of the Revised Code or rule of the commission for which
the permit holder has been disciplined by the commission more than
once, but not
more than twice, during the preceding two years, the commission
shall establish the amount of the forfeiture for each day of the
suspension, but the amount shall be not less than three hundred
dollars for each day of suspension. (d) If the permit holder has subsequently violated, at the
premises for which the permit holder's permit was issued,
any provision of Title
XLIII of the Revised Code or rule of the commission for which the
permit holder has been disciplined by the commission more than twice
during the
preceding two years, the commission may suspend or revoke the
permit issued for the premises at which the violation occurred,
but shall not allow the permit holder to pay a forfeiture instead
of suspending or revoking the permit holder's permit
operations commission shall establish the amount of the forfeiture for each day of a suspension, but the amount shall not be less than five hundred dollars for each day of suspension. The commission, and not the permit holder, shall determine whether the permit holder shall pay the forfeiture so established for a suspension instead of having the permit holder's permit suspended or revoked. (e) If the permit holder has committed, at the premises
for which the permit holder's permit was issued, a gambling
offense as defined in
section 2915.01, a drug abuse offense as defined in section
2925.01, or an offense described in section 2907.07, 2907.21,
2907.22, 2907.23, 2907.24, or 2907.25, division (A) or (B) of section 4301.22, or
section
4301.69 of the Revised Code or a municipal ordinance
substantially equivalent to any offense defined or described in a
section or division listed in division (A)(2)(e) of this section for which
the permit holder has been disciplined by the commission more than once,
but not
more than twice, during the preceding two years, the commission
may suspend or revoke the permit issued for the premises at which
the violation occurred, but shall not allow the permit holder to
pay a forfeiture instead of suspending or revoking the permit
holder's permit operations. A person does not have to plead guilty to or
be convicted of an offense defined or described in a section or division listed
in division (A)(2)(e) of this section in order for this division
to apply. (3) When the commission issues an order allowing a permit
holder the option of paying a forfeiture rather than suspending
operations under the permit holder's permit issued for the
premises at which the
violation occurred, the order shall notify the permit holder of
the option of paying a forfeiture. The order shall state the
number of days for which the permit may be suspended, and that
the permit holder has twenty-one days after the date on which the
order was is sent to pay the full amount of the forfeiture by bank check,
certified check, or money order, and that, if the permit holder does not do so,
the permit holder's permit issued
for the premises at which the violation occurred shall be
suspended for the period stated in the order. If the permit
holder fails to pay the full amount of the forfeiture by bank check,
certified check, or money order within twenty-one days after the date on which
the order was is sent, the commission shall issue an order
suspending the permit holder's permit issued for the
premises at which the
violation occurred for the period stated in the order allowing
payment of a forfeiture. The suspension shall be effective
on the twenty-eighth day after the date on which the order allowing
the payment of a forfeiture was is sent. Even a permit holder who
pays a forfeiture may file an appeal under section
119.12 of the Revised Code. A permit holder shall be considered
to have paid a forfeiture when the permit holder's bank check, certified
check, or money order is received by
the commission in Columbus. Upon receipt of a permit holder's bank check,
certified check, or money order under this division, the commission shall
promptly notify the division of liquor control of its receipt. (B) No permit holder shall be permitted to pay a
forfeiture instead of having the permit holder's permit
issued for the premises
at which the violation occurred suspended if the suspension is
ordered for the reasons stated in division (A)(6) of
section
4301.25 of the Revised Code. (C) When the evidence and the nature of any violation of
Title XLIII of the Revised Code show that continued operation of
the permit premises presents a clear and present danger to public
health and safety, or if the commission finds, upon reliable,
probative, and substantial evidence, that the statutory elements
of a felony committed in connection with the operation of the
permit premises are present in the action for which the permit
holder is being disciplined, the commission may suspend the
permit issued for the premises at which the violation occurred
and shall not allow the permit holder to pay a forfeiture instead
of suspending the permit holder's permit operations.
Sec. 4301.253. In considering whether to suspend or revoke a
permit issued under
Chapter 4303. of the Revised Code or to issue
an order allowing a
permit holder to elect to pay a forfeiture
under section 4301.252
of the Revised Code, the liquor control
commission shall consider
whether the permit holder
and the permit holder's employees have
successfully completed a
training program that includes all of the
following:
(A) Instruction on the statutes and rules that govern the
sale of beer, wine, mixed beverages, and intoxicating liquor;
(B) Instruction on the prevention of the illegal serving of
beer, wine, mixed beverages, and intoxicating liquor to persons under twenty-one years of
age;
(C) Use of conflict management skills in alcohol-related
situations; (D) Instruction on methods to safely evacuate the premises of a permit holder in an emergency.
Sec. 4301.365. (A) If a majority of the electors in
a
precinct vote
"yes" on questions
(B)(1) and (2) as set forth in
section
4301.355 of the Revised
Code, the sale of beer, wine and
mixed beverages, or
intoxicating liquor, whichever was the subject
of the
election,
shall be allowed at the particular location
and
for the use, and during the hours on Sunday, specified in the
questions under each permit
applied
for by the petitioner
or at
the address listed for the
liquor
agency store, subject only
to
Chapters 4301. this chapter and Chapter 4303. of
the
Revised
Code. Failure to
continue
to
use the particular location
for any proposed or stated
use set
forth in the petition
is
grounds for the denial
of a renewal of
the liquor
permit under
division
(A) of section 4303.271 of the
Revised
Code
or
is
grounds for the
nonrenewal or cancellation of
the
liquor agency
store contract
by the division of liquor
control,
except in the
case where the
liquor permit holder or
liquor agency
store decides
to cease the
sale of beer, wine and
mixed beverages,
or
intoxicating
liquor, whichever was the subject
of the election,
on
Sundays.
(B) If Except as otherwise provided in division (H) of this section, if a majority of the
electors in a precinct vote
"yes"
on question
(B)(1) and
"no" on question
(B)(2) as set forth in
section
4301.355 of the Revised
Code, the sale of beer, wine and
mixed beverages, or
intoxicating liquor, whichever was the subject
of the
election, shall be allowed at the particular location
for
the use specified in question
(B)(1) of section 4301.355 of the
Revised
Code and under each permit
applied for by the petitioner,
except for a
D-6 permit, subject only to
Chapters 4301. this chapter and Chapter 4303.
of the
Revised
Code.
(C) If a majority of the
electors in a precinct vote
"no" on
question
(B)(1) as set forth in section
4301.355 of the Revised
Code, no sales of beer, wine and mixed beverages, or
intoxicating
liquor, whichever was the subject of the
election, shall be
allowed at the particular location
for the use specified in the
petition during the period the
election is in effect as defined in
section 4301.37 of the
Revised
Code. (D) If a majority of the
electors in a precinct vote only on
question
(B)(2) as set forth in section
4301.355 of the Revised
Code and that vote results in
a majority
"yes" vote, sales of
beer, wine and mixed
beverages, or intoxicating liquor, whichever
was the
subject of the election,
shall be allowed at the
particular location for the use
and during the hours
specified in
the petition on
Sunday during the period the
election is in effect
as defined in
section 4301.37 of the
Revised
Code. (E) If Except as otherwise provided in division (H) of this section, if a majority of the
electors in a precinct vote only on
question
(B)(2) as set forth in section
4301.355 of the Revised
Code and that vote results in
a majority
"no" vote, no sales of
beer, wine and mixed
beverages, or intoxicating liquor, whichever
was the
subject of the election,
shall be allowed at the
particular location for the use
and during the hours
specified in
the petition on
Sunday during the period the
election is in effect
as defined in
section 4301.37 of the
Revised
Code. (F) In case of elections in
the same precinct for the
question or
questions set forth in section 4301.355 of the
Revised
Code and for a question or
questions set forth in section 4301.35,
4301.351, 4301.353, 4301.354,
4303.29, or
4305.14 of the Revised
Code, the results of the
election held on the question or
questions set forth in section
4301.355 of the Revised
Code shall
apply to the
particular location notwithstanding the results of
the election
held on the question or questions set forth in
section 4301.35,
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14
of the
Revised
Code.
(G) Sections 4301.32 to 4301.41 of the Revised Code do not
prohibit the transfer of ownership of a permit that was issued to
a particular location as the result of an election held on sales
of beer, wine and mixed beverages, or intoxicating liquor at that
particular location as long as the general nature of the business
at that particular location described in the petition for that
election remains the same after the transfer. (H) If question (B)(2) as set forth in section 4301.355 of the Revised Code is submitted to the electors of a precinct proposing to authorize the sale of beer, wine and mixed beverages, or intoxicating liquor between the hours of ten a.m. and midnight at a particular location at which the sale of beer, wine and mixed beverages, or intoxicating liquor is already allowed between the hours of one p.m. and midnight and the question submitted is defeated, the sale of beer, wine and mixed beverages, or intoxicating liquor between the hours of one p.m. and midnight shall continue at that particular location.
Sec. 4301.62. (A) As used in this section: (1)
"Chauffeured limousine" means a vehicle
registered under
section 4503.24 of the Revised Code. (2)
"Street,"
"highway," and
"motor
vehicle" have the same
meanings as in
section 4511.01 of the Revised Code. (B) No person shall have in the person's possession an
opened container of beer or intoxicating liquor in any of the
following
circumstances: (1) In a state liquor store; (2) Except as provided in division (C) of this section,
on
the premises of the holder of any permit issued by
the division of
liquor control; (3) In any other public place; (4) Except as provided in division (D) of this section,
while operating or
being a passenger in or on a motor
vehicle on
any street, highway, or other public or private
property open to
the public for purposes of vehicular travel or
parking; (5) Except as provided in division (D) of this section,
while being in or on
a stationary motor vehicle on any street,
highway, or other public or private
property open to the public
for purposes of vehicular travel or parking. (C)(1) A person may have in the
person's possession an
opened container of any of the
following: (a) Beer or intoxicating liquor
that has been lawfully
purchased for consumption on the
premises where bought from the
holder of an A-1-A, A-2, D-1, D-2,
D-3, D-3a, D-4, D-4a, D-5,
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j,
D-5k,
D-7,
D-8, E, F, or F-2, or F-5 permit; (b) Beer, wine, or mixed beverages served for consumption on
the
premises by the holder of an F-3 permit
or wine served for
consumption on the premises by the holder of an F-4 or F-6 permit; (c) Beer or intoxicating
liquor consumed on the premises of
a convention
facility as provided in section 4303.201 of the
Revised Code; (d) Beer or intoxicating liquor to be consumed during
tastings and samplings approved by rule of the liquor control
commission. (2) A person may have in the person's possession on an
F
liquor permit premises an
opened container of beer or intoxicating
liquor that was not
purchased from the holder of the
F permit if
the premises for which the F permit is issued is
a music festival
and the holder of the F permit grants permission for
that
possession on the premises during the period
for which the F
permit is
issued. As used in this division,
"music festival"
means a
series of outdoor live musical performances, extending for
a
period of at least three consecutive days and located on an
area
of land of at least forty acres. (D) This section does not apply to a person who pays all or
a
portion of the fee imposed for the use of a
chauffeured
limousine pursuant to a prearranged contract, or the guest of
the
person, when all of the following apply: (1) The person or guest is a passenger in the limousine. (2) The person or guest is located in the limousine, but is
not occupying a
seat in the front compartment of the limousine
where the operator of the
limousine is located. (3) The limousine is located on any street, highway, or
other public or private property open to the public for purposes
of vehicular
travel or parking. Sec. 4301.635. (A) As used in this section: (1) "Compliance check" means an attempt on behalf of a law enforcement agency or the division of liquor control to purchase any beer, wine, mixed beverages, or intoxicating liquor in the enforcement of any section of this chapter or any rule of the liquor control commission in which the age of the purchaser is an element of the offense. (2) "Confidential informant" means a person who is under twenty-one years of age and who is engaged in conducting compliance checks. (3) "Law enforcement agency" means an organization or unit made up of law enforcement officers authorized to enforce this chapter and also includes the investigative unit of the department of public safety described in section 5502.13 of the Revised Code. (B) Within a reasonable period of time after the conduct of a compliance check, the law enforcement agency that conducted the compliance check, or the division of liquor control if the division conducted the compliance check, shall send written notification of it to the permit holder that was its subject. If the confidential informant who participated in the compliance check was able to purchase beer, wine, mixed beverages, or intoxicating liquor, the citation issued for the violation constitutes that notification. If the confidential informant who participated in the compliance check was unable to purchase beer, wine, mixed beverages, or intoxicating liquor, the notification shall indicate the date and time of the compliance check, the law enforcement agency that conducted the compliance check or, when applicable, that the division of liquor control conducted the compliance check, and the permit holder or a general description of the employee of the permit holder who refused to make the sale.
Sec. 4303.206. (A) The division of liquor control may issue an F-6 permit to a 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, to sell wine at an event organized and conducted by, and for the benefit of, the nonprofit organization. (B) An F-6 permit may be issued to a nonprofit organization if the premises of the event for which the F-6 permit is sought is located in a precinct, or at a particular location in a precinct, in which the sale of wine is otherwise permitted by law. The premises of the event for which an F-6 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-6 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 shall be suspended in that portion of the premises in which the F-6 permit is in effect. (C) A holder of an F-6 permit may charge an admission price to attend the event for which the permit is issued, which price includes the consumption of wine or sale of wine by the individual drink. (D) A holder of an F-6 permit may sell wine in its original sealed container by auction at the event for which the permit is issued. (E) Nothing in this chapter or Chapter 4301. of the Revised Code or any rule adopted by the liquor control commission prevents the holder of an F-6 permit from obtaining wine by donation from a manufacturer, supplier, or wholesale distributor of wine or from any person who is not the holder of a permit issued by the division of liquor control. (F) Notwithstanding any contrary provision of section 4301.24 of the Revised Code or of any rule adopted by the liquor control commission, employees of a manufacturer, supplier, or wholesale distributor may assist the holder of an F-6 permit in serving wine at the event for which the permit is issued. (G) The division shall prepare and make available an F-6 permit application form and may require applicants for the permit to provide information necessary for the administration of this section. (H) No F-6 permit shall be effective for more than seventy-two consecutive hours, and sales of wine under the permit shall be confined to the same hours permitted to the holder of a D-2 permit. The division shall not issue more than six F-6 permits per calendar year to the same nonprofit organization. (I) The fee for an F-6 permit is fifty dollars.
Sec. 4303.35. No holders of A-1-A, C-1, C-2, D-1, D-2, D-3,
D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,
D-5h, D-5i, D-5j,
D-5k, F, or F-3, F-5, or F-6 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 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 4301.25, 4301.252, 4301.365, 4301.62, and 4303.35 of the Revised Code are hereby repealed.
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