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S. B. No. 150 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Fedor, Boccieri, Miller, D., Kearney, Schuler, Austria, Cafaro, Cates, Clancy, Faber, Gardner, Grendell, Harris, Mason, Morano, Niehaus, Padgett, Sawyer, Schuring, Spada, Stivers, Wilson, Carey
A BILL
To amend sections 4301.10 and 4301.639 of the Revised
Code to authorize liquor permit holders to accept
military identification cards that contain a
picture and age data as proof of a purchaser's age
in order to qualify for a specified affirmative
defense, and to require the Division of Liquor
Control to provide retail permit holders with a
notice of the permissible forms of identification
for purposes of qualifying for that affirmative
defense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.10 and 4301.639 of the Revised
Code be amended to read as follows:
Sec. 4301.10. (A) The division of liquor control shall do
all of the
following:
(1) Control the traffic in beer and intoxicating liquor in
this state, including the manufacture, importation, and sale
of
beer and intoxicating liquor;
(2) Grant or refuse permits for the manufacture,
distribution, transportation, and sale of beer and intoxicating
liquor and the sale of alcohol, as authorized or required by this
chapter and Chapter 4303. of the Revised Code. A
certificate,
signed by the
superintendent of liquor control
and to
which is
affixed the
official seal of the division, stating that
it appears
from the records of the division that no permit has
been
issued to
the person specified in the certificate, or that a
permit,
if
issued, has been
revoked, canceled, or suspended, shall
be
received as prima-facie
evidence of the facts recited in the
certificate in any
court or before any
officer of this state.
(3) Put into operation, manage, and control a system of
state
liquor stores for the sale of spirituous liquor at retail
and to
holders of permits authorizing the sale of spirituous
liquor;
however, the division shall not establish any drive-in
state
liquor stores; and by means of those types of stores, and
any
manufacturing plants, distributing and bottling plants,
warehouses, and other facilities that it considers expedient,
establish and maintain a state monopoly of the distribution of
spirituous liquor and its sale in packages or containers; and for
that purpose, manufacture, buy, import, possess, and sell
spirituous
liquors as provided in this chapter and Chapter 4303.
of the
Revised Code, and in the rules promulgated by the
superintendent of liquor control pursuant to those chapters;
lease
or in any
manner
acquire the use of any land or building
required
for any
of those purposes; purchase any equipment that is
required; and borrow
money to carry on its business, and issue,
sign, endorse, and
accept notes, checks, and bills of exchange;
but all obligations
of the division created under authority of
this division
shall
be a charge only upon the moneys received by
the division
from
the sale of spirituous liquor and its other
business transactions
in connection with the sale of spirituous
liquor, and
shall not be general obligations of
the state;
(4) Enforce the administrative provisions of this chapter
and
Chapter 4303. of the Revised
Code, and the rules and orders of
the
liquor control commission
and the superintendent relating to
the
manufacture, importation, transportation, distribution, and
sale
of beer
or intoxicating liquor. The attorney
general, any
prosecuting
attorney, and any prosecuting officer of
a municipal
corporation
or a municipal court shall, at the request
of the
division of liquor control or the department of public
safety,
prosecute any person charged with the violation of any
provision
in those chapters
or of any section of the Revised Code
relating
to the
manufacture, importation, transportation,
distribution, and
sale
of beer or intoxicating liquor.
(5) Determine the locations of all state liquor stores and
manufacturing, distributing, and bottling plants required in
connection
with those stores, subject to this chapter
and Chapter
4303.
of the Revised Code;
(6) Conduct inspections of liquor permit premises to
determine compliance with the administrative provisions of
this
chapter and Chapter 4303. of the Revised Code and the rules
adopted under
those provisions by the liquor control commission.
Except as otherwise provided in division (A)(6) of this
section, those inspections may be conducted only during those
hours in which the permit holder is open for business and only by
authorized agents or employees of the division or by any
peace
officer, as defined in section 2935.01 of the
Revised Code.
Inspections may be conducted at other hours only
to determine
compliance with laws or commission rules that
regulate the hours
of sale of beer or intoxicating liquor and
only if the
investigator has reasonable cause to believe that
those laws or
rules are being violated. Any inspection conducted
pursuant to
division (A)(6) of this section is subject to all of
the following
requirements:
(a) The only property that may be confiscated is
contraband,
as defined in section 2901.01 of the
Revised Code, or property
that is otherwise necessary for
evidentiary purposes.
(b) A complete inventory of all property confiscated from
the
premises shall be given to the permit holder or the permit
holder's agent
or
employee by the confiscating agent or officer at
the conclusion
of the inspection. At that time, the inventory
shall be signed
by the confiscating agent or officer, and the
agent or officer
shall give the permit holder or the permit
holder's agent or employee the
opportunity to sign the inventory.
(c) Inspections conducted pursuant to division (A)(6) of
this
section shall be conducted in a reasonable manner. A
finding
by
any court of competent jurisdiction that
an inspection was not
conducted in a reasonable manner in accordance
with this section
or any rules adopted by the commission may
be considered
grounds
for suppression of evidence. A finding by
the commission that an
inspection was not
conducted in a
reasonable manner in accordance
with this section
or any rules
adopted by it may be considered
grounds for
dismissal of the commission case.
If any court of competent jurisdiction finds that property
confiscated as the result of an administrative inspection is not
necessary for evidentiary purposes and is not contraband, as
defined in section
2901.01 of the Revised Code, the court
shall
order the immediate return of the confiscated property,
provided
that property is not otherwise subject to
forfeiture, to the
permit holder. However, the return of this
property is not
grounds
for dismissal of the case. The
commission likewise may
order the
return of confiscated property
if no criminal
prosecution is
pending or anticipated.
(7) Delegate to any of its agents or employees any power
of
investigation that the division possesses with respect
to the
enforcement of any of the administrative laws relating to beer
or
intoxicating liquor, provided that this division does not
authorize
the
division to designate any agent or employee to serve
as
an enforcement agent. The employment and
designation of
enforcement agents shall be within the exclusive
authority of the
director of
public safety pursuant to sections 5502.13
to 5502.19
of the Revised Code.
(8) Collect
the following fees:
(a) A biennial fifty-dollar registration fee for each
agent,
solicitor, or salesperson, registered pursuant to section 4303.25
of the
Revised Code, of a beer or intoxicating liquor
manufacturer, supplier, broker, or wholesale distributor doing
business in this state;
(b) A fifty-dollar product registration fee for each new
beer
or intoxicating liquor product sold in this state. The
product
registration fee shall be accompanied by a copy of the
federal
label and product approval for the new product.
(c) An annual three-hundred-dollar supplier
registration fee
from each manufacturer or supplier that produces and ships into
this state, or ships into this state, intoxicating liquor or beer,
in addition
to an
initial application fee of one hundred dollars.
Each supplier, agent, solicitor, or salesperson registration
issued under this division shall authorize the person named to
carry on the activity
specified in the registration. Each agent,
solicitor, or salesperson registration is valid for two years or
for the unexpired portion of a two-year registration period. Each
supplier registration is valid for one year or for the unexpired
portion of
a one-year registration period. Registrations shall end
on their respective uniform expiration date, which
shall be
designated by the division, and are subject to
suspension,
revocation, cancellation, or fine as authorized by
this chapter
and Chapter 4303. of the Revised Code.
(9) Establish a system of electronic data interchange within
the
division and regulate the electronic
transfer of
information
and funds among persons and governmental entities engaged in the
manufacture, distribution, and retail sale of alcoholic beverages;
(10) Notify all holders of retail permits of the forms of
permissible identification for purposes of division (A) of section
4301.639 of the Revised Code;
(11) Exercise all other powers expressly or by necessary
implication conferred upon the division by this chapter
and
Chapter 4303. of the Revised Code, and all powers necessary for
the exercise or discharge of any power, duty, or function
expressly conferred or imposed upon the division by
those
chapters.
(B) The division may do all of the following:
(1) Sue, but may be sued only in connection with the
execution of leases of real estate and the purchases and
contracts
necessary for the operation of the state liquor stores
that are
made under this chapter and Chapter 4303. of the Revised
Code;
(2) Enter into leases and contracts of all descriptions and
acquire and
transfer title
to personal property with regard to the
sale, distribution, and storage of
spirituous liquor within the
state;
(3) Terminate at will any lease entered into pursuant to
division (B)(2) of this section upon
first giving ninety days'
notice in writing to
the lessor of its intention to do so;
(4) Fix the wholesale and retail prices at which the
various
classes, varieties, and brands of spirituous liquor shall
be sold
by the division. Those retail prices shall
be the same
at all
state liquor stores, except to the extent that a price
differential is required to collect a county sales tax levied
pursuant to section 5739.021 of the Revised Code and for which
tax
the tax commissioner has authorized prepayment pursuant to
section
5739.05 of the Revised Code. In fixing selling prices,
the
division shall compute an anticipated gross profit at
least
sufficient to provide in each calendar year all costs and
expenses
of the division and also an adequate working
capital
reserve for
the division. The gross profit shall not
exceed forty per cent of
the retail selling price based on costs of the
division, and in
addition the sum required by section 4301.12 of the Revised Code
to be paid into the state treasury. An amount equal to one and
one-half per cent of that gross profit shall be paid into the
statewide treatment and
prevention fund created by section 4301.30
of the
Revised Code and be appropriated by the general assembly
from the fund to the
department of alcohol and drug
addiction
services as provided in section 4301.30 of the Revised
Code.
On spirituous liquor manufactured in
this state from the
juice of
grapes or fruits grown in
this state, the division
shall
compute an anticipated gross profit of not to exceed ten per
cent.
The
wholesale prices fixed under this division shall be at a
discount of not less
than six per cent of the retail selling
prices as
determined
by the division in accordance with this
section.
(C) The division may approve the expansion or diminution
of
a
premises to which a liquor permit has been issued and may adopt
standards
governing such
an expansion or diminution.
Sec. 4301.639. (A) No permit holder, agent or employee of a
permit
holder, or any other person may be found guilty of a
violation of any
section of this chapter or any rule of the liquor
control commission in which
age is an
element of the offense, if
the liquor control commission or any
court of record finds all of
the following:
(1) That the person buying, at the time of so doing,
exhibited to the permit holder, the agent or employee of
the
permit holder, or the other person a driver's
or commercial
driver's license or, an identification card issued
under sections
4507.50 to 4507.52 of the Revised Code showing, or a military
identification card issued by the United States department of
defense, that displays a picture of the individual for whom the
license or card was issued and shows
that the person buying was
then at least twenty-one years of age, if
the person was buying
beer as defined in section 4301.01 of the Revised
Code or
intoxicating liquor, or that the person was then at
least eighteen
years of age, if the person was buying any
low-alcohol beverage;
(2) That the permit holder, the agent or
employee of the
permit holder, or the other person made a
bona fide effort to
ascertain the true age of the person buying
by checking the
identification presented, at the time of the
purchase, to
ascertain that the description on the identification
compared with
the appearance of the buyer and that the
identification presented
had not been altered in any way;
(3) That the permit holder, the agent or employee of the
permit holder, or the other person had
reason to believe that the
person buying was of legal age.
(B) In any hearing before the liquor control commission and
in
any action or proceeding before a court of record in which a
defense is raised under division (A) of this section, the
registrar of motor
vehicles or deputy registrar who issued an
identification
card under
sections 4507.50 to 4507.52 of the
Revised Code shall be
permitted to submit certified copies of the
records, in the
registrar's or deputy's possession, of that
issuance in
lieu of the testimony of the personnel of or
contractors with the bureau of
motor vehicles at the hearing,
action, or proceeding.
(C) The defense provided by division (A) of this section
is
in addition to the affirmative defense provided by section
4301.611 of the
Revised Code.
Section 2. That existing sections 4301.10 and 4301.639 of the
Revised Code are hereby repealed.
Section 3. The Division of Liquor Control shall provide the
notification required by division (A)(10) of section 4301.10 of
the Revised Code, as amended by this act, to holders of retail
permits on the effective date of this act not later than ninety
days after that effective date.
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