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(127th General Assembly)
(Amended Substitute Senate Bill Number 102)
AN ACT
To amend sections 4301.17
and 4303.99
and to enact
section 4303.208 of the Revised Code
to authorize
the F-8 liquor permit to be issued to
certain
nonprofit organizations to allow the sale
of beer
and intoxicating liquor at specific events
that
occur on public space that the organization
manages, to change the population quota for state
agency stores, and to
declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 4301.17
and 4303.99 be amended and
section 4303.208 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
twenty 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, 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,
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, 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. 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. 4303.208. (A)(1) The division of liquor control may
issue an F-8 permit to a not-for-profit organization that manages,
for the benefit of the public and by contract with a political
subdivision of this state, publicly owned property to sell beer or
intoxicating liquor by the individual drink at specific events
conducted on the publicly owned property and appurtenant streets,
but only if, and then only at times at which, the sale of beer and
intoxicating liquor on the premises is otherwise permitted by law.
Additionally, an F-8 permit may be issued only if the publicly
owned property is located in a county that has a population of
between seven hundred fifty thousand and nine hundred thousand on
the effective date of this section.
(2) The premises on which an F-8 permit will be used shall be
clearly defined and sufficiently restricted to allow proper
supervision of the permit's use by state and local law enforcement
officers. Sales under an F-8 permit shall be confined to the same
hours permitted to the holder of a D-3 permit.
(3) The fee for an F-8 permit is one thousand seven hundred
dollars. An F-8 permit is effective for a period not to exceed
nine months as specified in the permit. An F-8 permit is not
transferable or renewable. However, the holder of an F-8 permit
may apply for a new F-8 permit at any time. An F-8 permit is not
effective until any F-8 permit currently held expires. The holder
of an F-8 permit shall make sales only at those specific events
about which the permit holder has notified in advance the division
of liquor control, the department of public safety, and the chief,
sheriff, or other principal peace officer of the local law
enforcement agencies having jurisdiction over the premises.
(B)(1) An application for the issuance of an F-8 permit is
subject to the notice and hearing requirements established in
division (A) of section 4303.26 of the Revised Code.
(2)
The liquor control commission shall adopt
under Chapter
119. of the Revised Code rules necessary to administer this
section.
(C) No F-8 permit holder shall sell beer or intoxicating
liquor
beyond the hours of sale allowed by the permit. This
division
imposes strict liability on the holder of an F-8 permit
and on any
officer, agent, or employee of that permit holder.
Sec. 4303.99. (A) Whoever violates section 4303.28 of the
Revised Code shall
be fined not less than one thousand nor more
than twenty-five hundred dollars
or imprisoned not less than six
months nor more than one year.
(B) Whoever violates section 4303.36 of the Revised Code
shall be fined not
less than twenty-five nor more than one hundred
dollars.
(C) Whoever violates section 4303.37 of the Revised Code
shall be fined not
less than twenty-five nor more than fifty
dollars.
(D) Whoever violates division (B) of section 4303.202 or
division (C) of section 4303.208 of the Revised Code is
guilty of
a misdemeanor of the fourth degree.
SECTION 2. That existing sections 4301.17
and 4303.99 of the
Revised
Code are hereby repealed.
SECTION 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity lies in
the fact that the summer festival season is fast approaching and
the implementation of the issuance of the F-8 permit needs to be
expedited so that the permit can be issued during this summer
season. Therefore, this act shall go into immediate effect.
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