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Sub. S. B. No. 131 As Passed by the SenateAs Passed by the Senate
126th General Assembly | Regular Session | 2005-2006 |
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Senators Mumper, Dann, Zurz, Schuler
A BILL
To amend sections 4301.17, 4301.62, 4301.99, 4303.181, 4303.29, and 4303.292, to enact section 4301.65, and to repeal section 4303.273 of the Revised
Code to
revise the laws governing liquor control.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.17, 4301.62, 4301.99, 4303.181, 4303.29, and 4303.292 be amended and section 4301.65 of the Revised Code be enacted to read as
follows:
Sec. 4301.17. (A)(1) Subject to local option as provided in
sections 4301.32 to 4301.40 of the Revised Code, five state
liquor
stores or agencies may be established in each county. One
additional store may be established in any county for each
twenty-five
thousand of population of
that county or major
fraction
thereof
in
excess of the first forty thousand, according
to the
last
preceding federal
decennial census
or according to the
population estimates certified by the department of development
between decennial censuses. A person engaged in a mercantile
business may act as the agent for the division of
liquor
control
for the sale of spirituous liquor in a municipal
corporation, in
the unincorporated area
of a township, or in
an area designated
and approved as a
resort area under section
4303.262 of the
Revised Code. The
division shall
fix
the compensation for such
an
agent
in
the
manner
it
considers best, but
the compensation
shall not
exceed
seven per cent of the gross
sales made by
the
agent in any
one
year.
(2) The division shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the allocation and
equitable distribution of agency store contracts. The division
shall comply with the rules when awarding a contract under
division (A)(1) of this section. (3) Except as otherwise provided in this section, no
mercantile
business
that sells beer or intoxicating
liquor for
consumption on
the premises under a permit issued by
the division
shall operate
an agency store at
the premises.
An
agency to which
a D-1 permit has been
issued may
offer for sale
tasting samples of
beer, an agency
to which a
D-2
permit has been
issued may offer
for sale tasting samples of wine
and mixed
beverages, and an
agency to which a D-5 permit
has been
issued may
offer for sale
tasting samples of beer, wine, and mixed
beverages,
but not
spirituous liquor. A tasting sample shall not
be sold
for
the
purpose of
general consumption. As used in this
section,
"tasting
sample" means a small
amount of beer, wine, or
mixed
beverages
that is provided in not more than
four servings of
not
more than
two ounces each to an authorized purchaser and
that
allows the
purchaser to determine, by tasting only, the quality
and
character
of the beverage. (B) When an agency contract is proposed or, when an existing
agency
contract is assigned, when an existing agency proposes to relocate, or when an existing agency is relocated and assigned, before entering into any
contract or,
consenting to any assignment, or consenting to any relocation, the division shall
notify the
legislative authority of the municipal corporation
in
which the
agency store is to be located, or the
board
of county
commissioners and the board of township trustees
of the
county and
the township in which the agency store is to be
located
if the
agency store is to be located outside the
corporate limits
of a
municipal corporation, of the proposed
contract
or, assignment, or relocation, and
an
opportunity shall be provided officials or
employees of the
municipal corporation or county and township for
a complete
hearing upon the advisability of entering into the
contract
or
consenting to the assignment or relocation. When the division sends notice
to
the
legislative
authority of the political subdivision, the
division shall
notify, by certified mail or by personal
service,
the chief peace
officer of the political subdivision,
who
may
appear and testify,
either in person or through a
representative,
at any hearing held
on the advisability of
entering into the
contract
or consenting to the assignment or relocation. If
the proposed agency store, the assignment of an agency contract, or the relocation of an agency store
would
be located within five
hundred
feet of a school, church,
library,
public playground, or
township
park, the division shall
not enter
into an agency
contract
until it has provided notice of
the
proposed contract to
the
authorities in control of the school,
church, library, public
playground, or township park and has
provided
those authorities
with
an opportunity for
a complete hearing
upon the advisability
of
entering into the
contract. If an agency
store so located is
operating under an
agency contract,
the
division may consent to relocation of the agency store or to
the assignment of
that
contract to operate
an agency store at the
same location,
but the. The division may also consent to the assignment of an existing agency contract simultaneously with the relocation of the agency store. In any such assignment or relocation, the assignee and the location shall be subject to the same requirements that the existing location met at the time that the contract was first entered into as well as any additional requirements imposed by the division in rules adopted by the superintendent of liquor control. The division
shall not consent to an
assignment or relocation of an agency store
until it has notified the
authorities in control of the
school,
church, library, public
playground, or township park and
has
provided
those authorities with
an opportunity for
a complete
hearing upon the advisability of
consenting to the
assignment or relocation. Any hearing
provided for in this division shall be held in
the
central office of the division,
except that upon
written
request of the legislative authority of the municipal
corporation,
the board of county commissioners,
the board of
township
trustees,
or the authorities in control of the school, church,
library, public playground, or township park,
the hearing shall be
held in the county seat
of the county where
the proposed agency
store is to be located. (C) All agency contracts entered into by the division
pursuant to this section shall be in writing and shall contain a
clause providing for the termination of the contract at will by
the division upon its giving ninety days' notice in writing to
the agent of its intention to do so. Any agency contract may
include a clause requiring the agent to report to the appropriate
law enforcement agency the name and address of any individual
under twenty-one years of age who attempts to make an illegal
purchase. An agent may engage in the selling of beer, mixed
beverages,
and wine pursuant to permits issued to the agent under
Chapter
4303. of the Revised Code. The division shall issue a C-1 and C-2 permit to each
agent
who prior to
November 1, 1994, had not been issued both of these
permits,
notwithstanding the population quota restrictions
contained in section 4303.29
of the Revised Code or in any rule of
the liquor control commission and
notwithstanding the requirements
of section 4303.31 of the Revised Code. The
location of a C-1 or
C-2 permit issued to such an agent shall not be
transferred. The
division shall revoke any C-1 or C-2
permit issued to
an agent
under this paragraph if the agent no longer operates an agency
store. The division may enter into agreements with the department
of
development to
implement a minority loan program to provide
low-interest loans to minority
business enterprises, as defined in
section 122.71 of the Revised Code, that
are awarded liquor agency
contracts or assignments. (D) If the division closes a state liquor store and replaces
that store with
an agency store, any employees of the division
employed at that state liquor
store who lose their jobs at that
store as a result shall be given
preference by the agent who
operates the agency store in filling any vacancies that occur
among the agent's employees, if
that preference does not
conflict
with the agent's obligations pursuant to a collective
bargaining
agreement. If the division closes a state liquor store and replaces the
store with an
agency store, any employees of the division employed
at the state liquor store
who lose their jobs at that store as a
result may displace other
employees as provided in sections
124.321 to 124.328 of the Revised Code. If
an employee cannot
displace other employees and is laid off, the employee
shall be
reinstated in another job as provided in sections 124.321 to
124.328
of the Revised Code, except that the employee's rights of
reinstatement in a
job at a state liquor store shall continue for
a period of two years after the
date of the employee's layoff and
shall apply to jobs at state liquor stores
located in the
employee's layoff jurisdiction and any layoff jurisdiction
adjacent to the employee's layoff jurisdiction. (E) The division shall require every
agent to
give bond
with surety to the satisfaction of the division, in
the
amount
the division fixes, conditioned for the faithful
performance of
the agent's
duties as prescribed by the division. 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) or (E) 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) or (E) 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, 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.
(E) An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply: (1) The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with. (2) The opened bottle of wine that is resealed in accordance with division (E)(1) of this section
is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.
Sec. 4301.65. (A) As used in this section, "alcohol vaporizing device" means a machine or other device that mixes beer or intoxicating liquor with pure oxygen or any other gas to produce a vaporized product for the purpose of consumption by inhalation.
(B) No person shall sell or offer for sale an alcohol vaporizing device.
(C) No person shall purchase or use an alcohol vaporizing device. Sec. 4301.99. (A) Whoever violates section 4301.47,
4301.48, 4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 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
(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,
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, 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) 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.
(J) Whoever violates division (B) of section 4301.65 of the Revised Code is guilty of a misdemeanor of the third degree. For a second or subsequent violation occurring within a period of five consecutive years after the first violation, a person is guilty of a misdemeanor of the first degree.
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 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)(1) 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 any of the following: (a) A fine arts museum, provided that the nonprofit organization has no less
than five one thousand five hundred bona fide members possessing
full membership
privileges; (b) A community arts center. As used in division (H)(1)(b) of this section, "community arts center" means a facility that provides arts programming to the community in more than one arts discipline, including, but not limited to, exhibits of works of art and performances by both professional and amateur artists. (c) A community theater, provided that the nonprofit organization is a member of the Ohio arts council and the American community theatre association and has been in existence for not less than ten years. As used in division (H)(1)(c) of this section, "community theater" means a facility that contains at least one hundred fifty seats and has a primary function of presenting live theatrical performances and providing recreational opportunities to the community.
(2) 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. (3) The fee
for a D-5h 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 one hundred 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, excluding wine sales, do not exceed
twenty-five per cent of its total gross receipts. (6) 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, excluding wine 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 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.
(d) It is located in a municipal corporation with a population of at least ten thousand, and not less than seventy million dollars will be invested in development and construction in the community entertainment district's area located in the municipal corporation. (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. 4303.29. (A) No permit, other than an H permit,
shall
be issued to a firm or partnership unless all the members
of
the
firm or partnership are citizens of the United States and
a
majority have resided in this state for one year prior to
application for
the permit. No permit, other than an H
permit,
shall be issued to an individual who is not a
citizen of
the
United States who has resided in this state for at least one
year
prior to application for
the permit. No permit, other
than an E
or H permit, shall be issued to any corporation
organized under
the laws of any country, territory, or state other
than
this
state
until it has furnished the division of liquor
control with
evidence that it has complied with the laws of this
state
relating
to the transaction of business in this state. The division may refuse to issue any permit to or refuse
to
renew any permit of any person convicted of any felony that is
reasonably related to the person's fitness to operate a
liquor
permit
business in this state. No holder of a permit shall sell,
assign, transfer, or pledge
the permit without the written
consent of the division. (B)(1) No more than one of each type of C or D
permit
shall
be issued to any one person, firm, or corporation in
any
county
having a population of less than twenty-five thousand,
and
no more
than one of each type of C or D
permit shall
be issued to any one
person, firm, or corporation for any
additional twenty-five
thousand or major fraction thereof in any
county having a greater
population than twenty-five thousand,
provided that, in the case
of D-3, D-3a, D-4, and D-5 permits, no
more than one permit shall
be issued to any one person, firm, or
corporation in any county
having a population of less than fifty
thousand, and no more than
one such permit
shall be issued to any
one person, firm, or
corporation for any
additional fifty thousand
or major fraction
thereof in any county
having a greater
population than fifty
thousand. (2) No D-3 permit shall be issued to any club unless
the
club has been continuously engaged in the activity specified
in
section 4303.15 of the Revised Code, as a qualification for
that
class of permit, for two years at the time
the
permit is issued.
(3)(2)(a) Subject to division (B)(3)(2)(b) of this section, upon
application by properly qualified persons, one C-1 and C-2 permit
shall be issued for each one thousand population or part
of that
population,
and one D-1 and D-2 permit shall be issued for
each
two thousand
population or part
of that population,
in each
municipal corporation and in
the unincorporated area of
each
township.
Subject to division (B)(3)(2)(b) of this section, not more
than
one D-3, D-4, or D-5 permit shall be issued for each two
thousand
population or part
of that population in any municipal
corporation and in
the unincorporated area of any township,
except
that, in any city
of a population of fifty-five thousand or
more,
one D-3 permit may
be issued for each fifteen hundred
population
or part
of that population. (b)(i) Division (B)(3)(2)(a) of this
section
does not
prohibit the transfer of
location or the transfer of
ownership and
location of a C-1, C-2,
D-1, D-2, D-3, or D-5
permit
from a
municipal corporation or the
unincorporated area of
a
township in
which the number of permits
of that class exceeds
the
number of
such permits authorized to be
issued under division
(B)(3)(2)(a) of
this section to an economic
development project
located in another
municipal corporation or
the unincorporated
area of another
township in which no additional
permits of that
class may be
issued
to the applicant under
division (B)(3)(2)(a) of
this section,
but the transfer of location
or transfer of ownership and location
of the permit may occur only
if the applicant notifies
the
municipal corporation or township to
which the location of the
permit will be transferred regarding the
transfer and that
municipal corporation or township acknowledges
in
writing to the
division of liquor control, at the time the
application for the
transfer of location or transfer of ownership
and location of the
permit is filed, that the transfer will be to
an economic
development project. This acknowledgment by the
municipal
corporation or township does not prohibit it from
requesting a
hearing under section 4303.26 of the Revised Code.
The applicant
is
eligible to apply for and receive the transfer of
location of
the
permit under division (B)(3)(2)(b) of this section if
all permits
of
that class that may be issued under division
(B)(3)(2)(a) of this
section in the applicable municipal corporation
or unincorporated
area of the township have already been issued or
if the number of
applications filed for permits of that class in
that municipal
corporation or the unincorporated area of that
township exceed the
number of permits of that class that may be
issued there under
division (B)(3)(2)(a) of this section. A permit
transferred under division (B)(3)(2)(b) of this section
may be
subsequently transferred to a different owner at the same
location, or to the same owner or a different owner at a different
location in the same municipal
corporation or in the
unincorporated area of the same township, as
long as the same or
new location meets the economic development project criteria set
forth in this section. (ii) Factors that shall be used to determine the designation
of
an
economic development project include, but are not limited
to,
architectural certification of the plans and the cost of the
project, the number of jobs that will be created by the project,
projected earnings of the project, projected tax revenues for the
political subdivisions in which the project will be located, and
the amount of financial investment in the project. The
superintendent of
liquor control shall determine whether the
existing or
proposed business that is seeking a permit described
in division
(B)(3)(2)(b) of this section qualifies as an economic
development
project and, if the superintendent determines that it
so
qualifies, shall designate the business as an economic
development project. (4)(3) Nothing in this section shall be construed to restrict
the issuance of a permit to a municipal corporation for use at a
municipally owned airport at which commercial airline companies
operate regularly scheduled flights on which space is available
to
the public. A municipal corporation applying for a permit for
such a municipally owned airport is exempt, in regard to that
application, from the population restrictions contained in this
section and from population quota restrictions contained in any
rule of the liquor control commission. A municipal corporation
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a
municipally owned airport is subject to section 4303.31 of the
Revised Code.
(5)(4) Nothing in this section shall be construed to prohibit
the issuance of a D permit to the board of trustees of a
soldiers'
memorial for a premises located at a soldiers' memorial
established pursuant to Chapter 345. of the Revised Code. An
application for a D permit by
the board for
those
premises is
exempt from the population restrictions contained in
this section
and from the population quota restrictions contained
in any rule
of the liquor control commission. The location of a D
permit
issued to the board
for
those
premises
shall not be
transferred. A board of trustees of a soldiers' memorial
applying
for a D-1, D-2, D-3, D-4, or D-5 permit for
the
soldiers'
memorial is subject to section 4303.31 of the Revised
Code.
(6)(5) Nothing in this section shall be construed to restrict
the issuance of a permit for a premises located at a golf course
owned by a municipal corporation, township, or county, owned by a
park district created under Chapter 1545. of the Revised Code, or
owned by the state. The location of such a permit issued on or
after September 26, 1984, for a premises located at such a golf
course shall not be transferred. Any application for such a
permit is exempt from the population quota restrictions contained
in this section and from the population quota restrictions
contained in any rule of the liquor control commission. A
municipal corporation, township, county, park district, or state
agency applying for a D-1, D-2, D-3, D-4, or D-5 permit for such
a
golf course is subject to section 4303.31 of the Revised Code.
(7)(6) As used in division (B)(7)(6) of this section, "fair" has
the same meaning as in section 991.01 of the Revised Code,
"state
fairgrounds" means the property that is held by the state
for the
purpose of conducting fairs, expositions, and exhibits
and that is
maintained and managed by the Ohio expositions
commission under
section 991.03 of the Revised Code, and "capitol
square" has the
same meaning as in section 105.41 of the Revised Code.
Nothing in this section shall be construed to restrict the
issuance of one or more D permits to one or more applicants for
all or a part of either the state fairgrounds or capitol square.
An
application for a D
permit for the state fairgrounds or capitol
square is exempt from the
population
quota restrictions contained
in this section and from the
population quota restrictions
contained in any rule of the liquor
control commission. The
location of a D permit issued for the
state fairgrounds or capitol
square shall not be transferred. An applicant
for a
D-1, D-2,
D-3, or D-5 permit for the state fairgrounds is not
subject to
section 4303.31 of the Revised Code. Pursuant to section 1711.09 of the Revised Code, the holder
of a D permit issued for the state fairgrounds shall not deal in
spirituous liquor at the state fairgrounds during, or for one
week
before or for three days after, any fair held at the state
fairgrounds. (8)(7) Nothing in this section shall be construed to prohibit
the issuance of a D permit for a premises located at a zoological
park at which sales have been approved in an election held under
former section 4301.356 of the Revised Code. An application for a
D
permit for such a premises is exempt from the population
restrictions contained in this section, from the population quota
restrictions contained in any rule of the liquor control
commission, and from section 4303.31 of the Revised Code. The
location of a D permit issued for a premises at such a zoological
park shall not be transferred, and no quota or other restrictions
shall be placed on the number of D permits that may be issued for
a premises at such a zoological park.
(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in
any election precinct in any municipal
corporation or in any
election precinct in
the unincorporated area of any township, in
which at the
November, 1933, election a majority of the electors
voting
thereon in the municipal corporation or in the
unincorporated
area of the township voted against the repeal of
Section 9 of
Article XV, Ohio Constitution, unless the sale of
spirituous
liquor by the glass is authorized by a majority vote of
the
electors voting on the question in the precinct at an election
held pursuant
to
this section or by a
majority vote of the
electors of the precinct voting on question (C) at a
special local
option
election held in the precinct pursuant to
section 4301.35
of the Revised Code. Upon the request of an
elector, the board of
elections of the county that encompasses
the precinct shall
furnish the elector
with a copy of the instructions prepared by
the secretary of
state under division (P) of section 3501.05 of
the Revised Code
and, within fifteen days after the request, a
certificate of the
number of signatures required for a valid
petition under this
section. Upon the petition of thirty-five per cent of the total
number
of voters voting in any such precinct for the office of governor
at the
preceding general
election, filed with the board of
elections of the county in
which such precinct is located not
later than seventy-five days before a general election,
the
board
shall prepare ballots and hold an election at such general
election upon the question of allowing spirituous liquor to be
sold by the glass in such precinct.
The
ballots shall be
approved
in form by the secretary of state. The
results of
the election
shall be certified by the board to the
secretary of
state, who
shall certify the
results to the division. (2) No holder of a class D-3 permit issued for a boat or
vessel shall sell spirituous liquor in any precinct, in which the
election provided for in this section may be held, unless the
sale
of
spirituous liquor by the drink has been authorized by vote
of
the electors as provided in this section or in section 4301.35
of
the Revised Code. (D) Any holder of a C or D permit whose permit premises
were
purchased in 1986 or 1987 by the state of Ohio or any state
agency
for highway purposes shall be issued the same permit at
another
location notwithstanding any quota restrictions contained
in this
chapter or in any rule of the liquor control commission.
Sec. 4303.292. (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
of the applicant, or, if the
applicant is a corporation or limited liability company,
any
shareholder
owning
five per
cent or more of
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
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
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
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. In reaching
a
conclusion in this respect, the division shall
consider, in
light of the purposes of
this chapter and Chapters 4301.
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)(2)(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 public safety shall notify the
division 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.
Section 2. That existing sections 4301.17, 4301.62, 4301.99, 4303.181, 4303.29, and 4303.292 and section 4303.273 of the Revised Code are hereby
repealed.
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