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H. B. No. 18 As Reported by the House State Government and Elections CommitteeAs Reported by the House State Government and Elections Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors: Representatives McGregor, J., Hagan, R., Seitz, Stewart, D., Dodd, Koziura, Bolon, Evans, Chandler, Domenick, Driehaus, Flowers, Sykes, Book, Brown
A BILL
To amend section 4301.62 and to enact section 4303.232 of the Revised Code to create the T-1 permit to authorize certain colleges and universities and professional athletic teams to allow the consumption of beer and intoxicating liquor brought into restricted areas on the property that they own or lease.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4301.62 be amended and section 4303.232 of the Revised Code be enacted to read as follows:
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 or consumed on the premises of a T-1 permit holder as provided in section 4303.232 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.
(3)(a) A person may have in the person's possession on a D-2 liquor permit premises an opened or unopened container of wine that was not purchased from the holder of the D-2 permit if the premises for which the D-2 permit is issued is an outdoor performing arts center, the person is attending an orchestral performance, and the holder of the D-2 permit grants permission for the possession and consumption of wine in certain predesignated areas of the premises during the period for which the D-2 permit is issued.
(b) As used in division (C)(3)(a) of this section:
(i) "Orchestral performance" means a concert comprised of a group of not fewer than forty musicians playing various musical instruments.
(ii) "Outdoor performing arts center" means an outdoor performing arts center that is located on not less than eight hundred acres of land and that is open for performances from the first day of April to the last day of October of each year. (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. 4303.232. (A) As used in this section:
(1) "College or university" means a state institution of higher education as defined in section 3345.011 of the Revised Code, or a private institution of higher education, with an FTE (full-time equivalent) student enrollment of less than fifteen thousand.
(2) "Professional athletic team" means a professional baseball, basketball, football, hockey, or soccer team that owns or leases a stadium or arena that has a seating capacity of at least four thousand.
(B) A T-1 permit may be issued to any college or university or to any professional athletic team to authorize the college or university or professional athletic team to allow its guests to bring beer and intoxicating liquor in its original package, flask, or other container into an area on property that the college or university or professional athletic team owns or leases, for consumption in that area, if both of the following apply:
(1) A fence or similar barrier encloses the area.
(2) Security personnel are stationed at each exit from the area to prevent any person from leaving with an opened flask or other container of beer or intoxicating liquor.
(C) The division of liquor control shall specify on each T-1 permit the effective period of the permit, which shall not exceed three days. The fee for the T-1 permit is fifty dollars. The division shall prepare and make available application forms for the T-1 permit and may require applicants to furnish the information that the division determines is necessary for the administration of this section.
(D) No holder of a T-1 permit shall provide or sell beer or intoxicating liquor by the drink or in its original package, flask, or other container in connection with the use of an area under the T-1 permit.
Section 2. That existing section 4301.62 of the Revised Code is hereby repealed.
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