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Sub. S. B. No. 150 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:
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
Representatives Daniels, Hite, Stewart, D., Domenick, Flowers
A BILL
To amend sections 4301.10, 4301.12, 4301.16, 4301.20,
4301.30, 4301.355, 4301.432, 4301.47, 4301.58,
4301.62, 4301.639, 4303.03, 4303.05, 4303.071,
4303.181, 4303.182, 4303.184, 4303.232, 4303.233,
4303.25,
4303.27, 4303.271, 4303.29, 4303.30,
4303.33,
4303.333, 4399.12, and 5703.21 and to
enact
sections 4301.404, 4301.441, 4301.81, and
4303.234
of the Revised
Code to modify, and also
to
clarify and correct, the law pertaining to
liquor
control and alcoholic beverage taxes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.10, 4301.12, 4301.16, 4301.20,
4301.30, 4301.355, 4301.432, 4301.47, 4301.58, 4301.62, 4301.639,
4303.03, 4303.05, 4303.071, 4303.181, 4303.182, 4303.184,
4303.232, 4303.233, 4303.25, 4303.27, 4303.271, 4303.29, 4303.30,
4303.33,
4303.333, 4399.12, and 5703.21 be amended and sections
4301.404, 4301.441,
4301.81, and 4303.234 of the Revised
Code be
enacted 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issued, has been
revoked, canceled, or suspended, shall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 also applies to products sold in this state by
B-2a and S permit holders. 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.
A manufacturer that produces and ships wine into this state and
that holds only an S permit is exempt from the supplier
registration fee. A manufacturer that produces and ships wine into
this state and that holds a B-2a permit shall pay an annual
seventy-six-dollar supplier registration fee. A manufacturer that
produces and ships wine into this state and that does not hold
either an S or a B-2a permit, but that produces less than two
hundred fifty thousand gallons of wine per year and that is
entitled to a tax credit under 27 C.F.R. 24.278 shall pay an
annual seventy-six-dollar supplier registration fee. A B-2a or S
permit holder that does not sell its wine to wholesale
distributors of wine in this state shall not be required to submit
to the division territory designation forms.
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. 4301.12. The division of liquor control shall
provide
for the custody, safekeeping, and deposit of all moneys,
checks,
and drafts received by it or any of its employees or
agents prior
to paying them to the treasurer of state as provided
by section
113.08 of the Revised Code.
A sum equal to three dollars and thirty-eight cents for
each
gallon of spirituous liquor sold by the division during
the period
covered by the payment shall be paid into the state
treasury to
the credit of the general revenue fund. All moneys
received from
permit fees, except B-2a and S permit fees from B-2a and S permit
holders who do not also hold A-2 permits, shall be paid to the
credit of the
undivided liquor
permit fund established by section
4301.30 of
the Revised Code.
Except as otherwise provided by law, all moneys collected
under Chapters 4301. and 4303. of the Revised Code shall be paid
by the division into the state treasury to the credit of the
liquor control fund, which is hereby created. Amounts in the
liquor
control fund may be used to pay the operating expenses of
the liquor control
commission.
Whenever, in the judgment of the director of budget and
management, the amount in
the liquor control fund is in excess of
that
needed
to meet the maturing obligations of the division, as
working
capital
for its further operations, to pay the operating
expenses of the
commission, and
for the alcohol
testing program
under section 3701.143 of the Revised Code, the
director shall
transfer the
excess to the
credit of the general revenue fund.
Sec. 4301.16. (A)(1) All moneys received from the sale of
liquor at state liquor
stores or otherwise, or arising in the
administration of Chapters 4301. and
4303. of the Revised Code,
other than from taxes, shall be paid to the
division of liquor
control subject to division (A)(2) of this section and shall be
accounted for and
paid over by the
division to the treasurer of
state as custodian, as provided
by section
4301.12 of the Revised
Code.
(2) The division may allow or require a state liquor agency
to establish and maintain bank accounts, at the discretion of the
division either under the name of the state of Ohio or the
business account of the state liquor agency, for the deposit of
moneys received from the sale of spirituous liquor. The moneys in
a state liquor agency's bank accounts shall be transferred to the
division at intervals determined by the division.
(B) Upon proof of accidental breakage or unintentional
shortage of stock, which
proof shall be subject to the final
approval of the division, the
division shall allow yearly
credits
to each state liquor
store not to exceed one-fortieth of one per
cent of each state liquor
store's yearly gross sales, for the
moneys required by this section to be paid
by such state liquor
store to the
division.
Sec. 4301.20. This chapter and Chapter 4303. of the Revised
Code
do not prevent the following:
(A) The storage of intoxicating liquor in bonded
warehouses,
established in accordance with the acts of congress
and under the
regulation of the United States, located in this
state, or the
transportation of intoxicating liquor to or from
bonded warehouses
of the United States wherever located;
(B) A bona fide resident of this state who is the owner of
a
warehouse receipt from obtaining or transporting to the
resident's
residence for the resident's own
consumption and not for resale
spirituous liquor stored in a government bonded
warehouse in this
state or in another state prior to December 1933,
subject
to such
terms as are prescribed by the division of liquor control;
(C) The manufacture of cider from fruit for the purpose of
making vinegar, and nonintoxicating cider and fruit juices for
use
and sale;
(D) A licensed physician or dentist from administering or
dispensing intoxicating liquor or alcohol to a patient in good
faith in the actual course of the practice of the physician's or
dentist's profession;
(E) The sale of alcohol to physicians, dentists,
druggists,
veterinary surgeons, manufacturers, hospitals,
infirmaries, or
medical or educational institutions using the
alcohol for
medicinal, mechanical, chemical, or scientific purposes;
(F) The sale, gift, or keeping for sale by druggists and
others of any of the medicinal preparations manufactured in
accordance with the formulas prescribed by the United States
Pharmacopoeia and National Formulary, patent or proprietary
preparations, and other bona fide medicinal and technical
preparations, which contain no more alcohol than is necessary to
hold the medicinal agents in solution and to preserve the same,
which are manufactured and sold as medicine and not as beverages,
are unfit for use for beverage purposes, and the sale of which
does not require the payment of a United States liquor dealer's
tax;
(G) The manufacture and sale of tinctures or of toilet,
medicinal, and antiseptic preparations and solutions not intended
for internal human use nor to be sold as beverages, and which are
unfit for beverage purposes, if upon the outside of each bottle,
box, or package of which there is printed in the English
language,
conspicuously and legibly, the quantity by volume of
alcohol in
the preparation or solution;
(H) The manufacture and keeping for sale of the food
products
known as flavoring extracts when manufactured and sold
for
cooking, culinary, or flavoring purposes, and which are unfit
for
use for beverage purposes;
(I) The lawful sale of wood alcohol or of ethyl alcohol
for
external use when combined with other substances as to
make it
unfit for internal use;
(J) The manufacture, sale, and transport of ethanol or ethyl
alcohol for use as fuel. As used in this division, "ethanol" has
the same meaning as in section 5733.46 of the Revised Code.
(K) The purchase and importation into this state of
intoxicating liquor for use in manufacturing processes of
nonbeverage food products under terms prescribed by
the division,
provided that the terms prescribed by the
division shall not
increase the cost of the intoxicating
liquor to any person, firm,
or corporation purchasing and
importing it into this state for
that use;
(L) Any resident of this state or any member of the armed
forces of the United States, who has attained the age of
twenty-one years, from bringing into this state, for personal use
and not for resale, not more than one liter of spirituous
liquor
in any thirty-day period, and the same is free of any tax consent
fee when the resident or member of the armed forces physically
possesses and accompanies the spirituous liquor on returning
from
a foreign country, another state, or an insular possession
of the
United States;
(M) Persons, at least twenty-one years of age, who collect
ceramic commemorative bottles containing spirituous liquor
that
have unbroken federal tax stamps on them from selling or
trading
the bottles to other collectors. The bottles shall
originally
have been purchased at retail from the division,
legally imported
under
division (L) of this section, or
legally
imported pursuant
to a supplier registration issued by the
division. The sales shall
be for the
purpose of exchanging a
ceramic commemorative bottle
between
private collectors and shall
not be for the purpose of
selling
the spirituous liquor for
personal consumption. The sale
or
exchange authorized by this
division shall not occur on the
premises of any permit holder,
shall not be made in connection
with the business of any permit
holder, and shall not be made in
connection with any mercantile
business.
(N) The sale of beer or intoxicating liquor without a liquor
permit at a private residence, not more than five times per
calendar year at a residence address, at an event that has the
following characteristics:
(1) The event is for a charitable, benevolent, or political
purpose, but shall not include any event the proceeds of which are
for the profit or gain of any individual;
(2) The event has in attendance not more than fifty people;
(3) The event shall be for a period not to exceed twelve
hours;
(4) The sale of beer and intoxicating liquor at the event
shall not take place between two-thirty a.m. and five-thirty a.m.;
(5) No person under twenty-one years of age shall purchase or
consume beer or intoxicating liquor at the event and no beer or
intoxicating liquor shall be sold to any person under twenty-one
years of age at the event; and
(6) No person at the event shall sell or furnish beer or
intoxicating liquor to an intoxicated person.
Sec. 4301.30. All fees collected by the division of
liquor
control shall be deposited in the state treasury to the
credit of
the undivided liquor permit fund, which is hereby
created, at the
time prescribed under section 4301.12 of the
Revised Code. Each
payment shall be accompanied by a statement
showing separately the
amount collected for each class of permits
in each municipal
corporation and in each township outside the
limits of any
municipal corporation in such township. An amount
equal to
forty-five per cent of the fund shall be paid from the fund into
the general revenue fund.
Twenty per cent of the undivided liquor permit fund shall
be
paid into the statewide
treatment and prevention fund, which is
hereby created in the state treasury. This amount shall be
appropriated by the general assembly, together with an amount
equal to one and one-half per cent of the gross profit of the
division of liquor control derived under division (B)(4) of
section 4301.10 of the Revised Code, to the department of alcohol
and drug addiction services. In planning for the allocation of
and
in allocating these amounts for the purposes of Chapter 3793.
of
the Revised Code, the department of alcohol and drug addiction
services shall comply with the nondiscrimination provisions of
Title VI of the Civil Rights Act of 1964, and any rules adopted
under that act.
Thirty-five per cent of the undivided liquor permit fund
shall be distributed by the superintendent of liquor
control at
quarterly calendar periods as follows:
(A) To each municipal corporation, the aggregate amount
shown
by the statements to have been collected from permits
in the
municipal corporation, for the use of the general fund of the
municipal
corporation;
(B) To each township, the aggregate amount shown by the
statements to have been collected from permits in its territory,
outside the limits of any municipal corporation located in the
township,
for the use of the general fund of the township, or for
fire
protection purposes, including buildings and equipment in the
township or in an established fire district within the township,
to the extent that the funds are derived from liquor permits
within the territory comprising such fire district.
For the purpose of the distribution required by this
section,
E, H, and D permits covering boats or vessels are deemed
to have
been issued in the municipal corporation or township
wherein the
owner or operator of the vehicle, boat, vessel, or
dining car
equipment to which the permit relates has the owner's
or
operator's
principal office or place of business within the state.
If the
liquor control commission determines that the police
or
other officers of any municipal corporation or township
entitled
to share in such distributions are refusing or culpably
neglecting
to enforce this chapter and Chapter 4303. of the
Revised Code, or
the penal laws of this state relating to the
manufacture,
importation, transportation, distribution, and sale
of beer and
intoxicating liquors, or if the prosecuting officer of
a
municipal corporation or a municipal court fails to
comply with
the request of the commission authorized by division
(A)(4) of
section 4301.10 of the Revised Code, the commission,
by certified
mail, may notify the chief executive
officer of the
municipal
corporation or the board of township trustees of the
township of
the failure and require the immediate cooperation of
the
responsible officers of the municipal corporation or township
with
the division of liquor control in the
enforcement of those
chapters and penal laws. Within thirty days after the
notice is
served, the commission shall determine whether
the requirement
has been complied with. If the commission
determines that the
requirement has not been complied with, it
may issue an order to
the
superintendent to withhold
the distributive share of the
municipal corporation or township
until further order of the
commission. This action of the
commission is reviewable within
thirty days thereafter in the
court of common pleas of Franklin
county.
All fees collected by the division of liquor control from the
issuance or renewal of B-2a and S permits, and paid by B-2a and S
permit holders who do not also hold A-2 permits, shall be
deposited to the credit of the liquor control fund. Once during
each fiscal year, an amount equal to fifty per cent of the fees
collected shall be paid from the liquor control fund into the
general revenue fund.
Sec. 4301.355. (A) If a
petition is filed under section
4301.333 of the
Revised Code for the submission of the
question or
questions set forth in this section, it shall be
held in the
precinct as ordered by the board of elections under
that section.
The expense of holding the election shall
be charged to the
municipal corporation or township of which the
precinct is a part.
(B) At the election, one
or more of the following questions,
as designated in a valid
petition, shall be submitted to the
electors of the
precinct:
(1)
"Shall the sale of .......... (insert
beer, wine and
mixed
beverages, or spirituous liquor) be
permitted
by ..........
(insert
name of applicant, liquor permit
holder, or
liquor agency
store,
including trade or fictitious
name under
which applicant
for, or
holder of, liquor permit or
liquor agency
store either
intends to
do, or does, business
at
the particular
location), an
..........
(insert
"applicant for" or
"holder
of" or
"operator
of") a .......... (insert class name of liquor
permit or
permits
followed by
the words
"liquor permit(s)" or,
if
appropriate, the
words
"liquor
agency store for the State of
Ohio"), who is engaged
in the
business of .......... (insert general
nature of the
business in
which
applicant or liquor permit
holder
is engaged or
will be
engaged
in at the
particular location,
as
described in the
petition) at
.......... (insert address of
the
particular
location
within the
precinct as set forth in the
petition) in this
precinct?"
(2)
"Shall the sale of .......... (insert
beer, wine and
mixed
beverages, or spirituous liquor) be
permitted for sale on
Sunday
between the hours of .......... (insert "ten a.m. and
midnight" or
"one p.m. and midnight")
by .......... (insert name
of applicant,
liquor permit
holder, or
liquor agency store,
including trade or
fictitious name
under
which applicant for, or
holder of, liquor
permit or liquor
agency
store either intends to
do, or does,
business at the
particular
location), an ......
(insert
"applicant
for a D-6 liquor
permit,"
"holder of a
D-6
liquor permit,"
"applicant for or holder
of an
A-1-A, A-2, C-1,
C-2x,
D-1,
D-2x,
D-3, D-3x,
D-4, D-5, D-5b,
D-5c,
D-5e, D-5f,
D-5g,
D-5h, D-5i,
D-5j,
D-5k, D-5l, D-5m,
or D-7 liquor
permit,"
if only
the approval of beer
sales is
sought,
or
"liquor agency
store")
who is engaged in the
business
of .......... (insert
general
nature of
the business in
which
applicant or liquor permit
holder
is engaged or will be
engaged
in at the
particular
location,
as
described in the
petition)
at .......... (insert
address of the
particular location
within the
precinct) in this
precinct?"
(C) The board of elections shall furnish printed ballots at
the
election as provided under section 3505.06 of the
Revised
Code,
except that a separate
ballot shall be used for the election
under
this section. The
question set
forth in this section shall
be
printed on each
ballot, and the
board shall insert in the
question
appropriate words
to complete it. Votes
shall be cast as
provided under section
3505.06 of the
Revised
Code.
Sec. 4301.404. (A) As used in this section, "center for the
preservation of wild animals" means a conservation center located
on not less than five thousand acres of land that provides
scientific, educational, and recreational resources to advance the
conservation of animal populations and habitats.
(B) Sections 4301.32 to 4301.391 and 4305.14 of the Revised
Code and the provisions for local option elections and the
election on the repeal of Ohio Constitution, Article XV, Section 9
in section 4303.29 of the Revised Code do not affect or prohibit
the sale of beer or intoxicating liquor at a center for the
preservation of wild animals if any permit holder for the premises
operates pursuant to the authority of a D liquor permit issued
pursuant to Chapter 4303. of the Revised Code.
(C) Permit D-6 shall be issued to the holder of any D permit
that authorizes the sale of intoxicating liquor and that is issued
for a center for the preservation of wild animals to allow the
sale of intoxicating liquor under the permit at the premises
between the hours of one p.m. and midnight on Sunday, whether or
not such sale has been authorized in an election held under
section 4301.351 of the Revised Code. Notwithstanding section
4301.351 of the Revised Code, the holder of a D permit issued for
a center for the preservation of wild animals may sell beer on
Sunday whether or not the sale of intoxicating liquor has been
authorized in an election held under that section.
Sec. 4301.432. For the purpose of encouraging the grape
industries of the
state, a tax is hereby levied on the sale or
distribution of vermouth,
sparkling and carbonated wine and
champagne, and other wine, except for known
sacramental purposes,
at the rate of two cents per wine gallon, the tax to be
paid by
the holders of A-2 and, B-2a, B-5, and S permits or by any other
person selling or
distributing wine upon which no such tax has
been paid. The treasurer of
state
shall credit to the Ohio grape
industries fund created under section 924.54 of
the Revised Code
the moneys he the treasurer of state receives
from this tax.
Sec. 4301.441. Any information provided to a state agency by
the department of taxation in accordance with division (C)(11) of
section 5703.21 of the Revised Code shall not be disclosed
publicly by that agency, except for purposes of enforcement, to
deny the renewal of a liquor permit, or to report such information
to the alcohol and tobacco tax and trade bureau in the United
States department of the treasury.
Sec. 4301.47. Every class A-1, A-2, and A-4 permit holder
and each class B
or S permit holder shall maintain and keep for a
period of three years a record of
the beer, wine,
and mixed
beverages purchased,
distributed, or
sold within this
state by the
permit holder, together with invoices, records,
receipts, bills of
lading, and other pertinent papers required by
the tax
commissioner and, upon demand by the tax commissioner,
shall
produce these
records for a three-year period prior to the
demand
unless upon satisfactory
proof it is shown that the
nonproduction
is due
to causes beyond
the
permit holder's control.
Sec. 4301.58. (A) No person, by himself or herself
personally
or by the person's clerk,
agent, or employee, who is
not the holder of an A permit issued
by the division of liquor
control, in force at the
time, and
authorizing the manufacture of
beer or intoxicating liquor, or
who is not an agent or employee of
the division
authorized to
manufacture such beer or intoxicating
liquor, shall manufacture
any beer or intoxicating liquor for
sale, or shall manufacture
spirituous liquor.
(B) No person, by himself or herself personally or by the
person's clerk, agent, or
employee, who is not the holder of a an
A, B, C, D, E, F, G, or I, or S
permit issued by the division, in
force at the time,
and
authorizing the sale of beer, intoxicating
liquor, or alcohol, or
who is not an agent or employee of the
division or
the tax
commissioner authorized to sell such beer,
intoxicating liquor,
or alcohol, shall sell, keep, or possess
beer, intoxicating
liquor, or alcohol for sale to any persons
other than those
authorized by Chapters 4301. and 4303. of the
Revised Code to
purchase any beer or intoxicating liquor, or sell
any alcohol at
retail. This division does not apply to or affect
the sale or possession for
sale of any low-alcohol beverage.
(C) No person, by himself or herself personally or by the
person's clerk, agent, or employee, who is the holder of a permit
issued by
the division,
shall sell, keep, or possess for sale any
intoxicating liquor not
purchased from the division or from the
holder of a permit
issued by the division authorizing the sale of
such
intoxicating liquor unless the same has been purchased with
the
special consent of the division. The
division shall revoke
the
permit of any person convicted of a violation of
division (C) of
this section.
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-5l, D-5m,
D-7,
D-8, E, F, F-2, or F-5, F-7, or F-8 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.
(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.
(4) A person may have in the person's possession an opened or
unopened container of beer or intoxicating liquor at an outdoor
location at which the person is attending an orchestral
performance as defined in division (C)(3)(b)(i) of this section if
the person with supervision and control over the performance
grants permission for the possession and consumption of beer or
intoxicating liquor in certain predesignated areas of that outdoor
location.
(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. 4301.639. (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.
Sec. 4301.81. (A) As used in this section:
(1) "Revitalization district" means a bounded area that
includes or will
include a
combination of entertainment, retail,
educational,
sporting, social, cultural,
or arts establishments
within close
proximity to some or all of the following
types of
establishments
within the district, or other types of
establishments
similar to
these:
(c) Retail sales establishments;
(d) Enclosed shopping centers;
(f) Performing arts theaters;
(g) Motion picture theaters;
(i) Convention facilities;
(k) Entertainment facilities or complexes;
(l) Any combination of the establishments described in
divisions
(A)(1)(a) to (k) of this section that provide similar
services to the
community.
(2) "Municipal corporation" means a municipal corporation
with a population of less than one hundred thousand.
(3) "Township" means a township with a population in its
unincorporated area of less than one hundred thousand.
(B) Any owner of property located in a municipal corporation
seeking to have that property, or that property and other
surrounding
property, designated as a revitalization
district
shall file an
application seeking this designation with
the mayor
of the municipal
corporation in which that property is
located.
Any owner of property located
in the unincorporated area
of a
township seeking to have that property, or
that property and
other
surrounding property, designated as a revitalization district
shall file an application seeking this
designation with
the board
of township trustees of the township in
whose unincorporated area
that property is located. An
application to designate an area as a
revitalization
district shall contain all of the following:
(1) The applicant's name and address;
(2) A map or survey of the proposed revitalization
district
in
sufficient detail to identify the boundaries of the
district
and the property
owned by the applicant;
(3) A general statement of the nature and types of
establishments
described in division (A) of this section that are
or
will be located within the proposed revitalization
district and
any
other establishments located in the proposed
revitalization
district
that are not described in
division (A) of this section;
(4) If some or all of the establishments within the proposed
revitalization district have not yet been developed, the
proposed
time frame
for completing the development of these
establishments;
(5) Evidence that the uses of land within the proposed
revitalization district are in accord with the municipal
corporation's or
township's master zoning plan or map; and
(6) A handling and processing fee to accompany the
application, payable to
the applicable municipal corporation or
township, in an amount determined by
that municipal corporation or
township.
(C) An application
relating to an area located in a municipal
corporation shall be
addressed and submitted to the mayor of the
municipal corporation
in which the
area described in the
application is located. The
mayor, within thirty days
after
receiving the application, shall
submit the application with the
mayor's
recommendation to the
legislative authority of the
municipal corporation. An
application relating to
an
area located
in the unincorporated area of a township shall be
addressed and
submitted to the board
of township trustees of the
township in
whose unincorporated area the area
described in the
application is
located. The application is a public record
for
purposes of
section 149.43 of the
Revised Code upon its receipt by
the mayor
or board of
township trustees.
Within thirty days after it receives the application and the
mayor's
recommendations relating to the application, the
legislative authority of the
municipal corporation, by notice
published once a week for two consecutive
weeks in at least one
newspaper of general circulation in the municipal
corporation,
shall notify the public that the application is on file in the
office of the clerk of the municipal corporation and is available
for
inspection by the public during regular business hours.
Within
thirty days after it receives the application, the board of
township
trustees, by notice published once a week for two
consecutive weeks in at
least one newspaper of general circulation
in the township, shall notify the
public that the application is
on file in the office of the township
fiscal officer and
is
available for inspection by the public during regular business
hours. The
notice shall also indicate the date and time of any
public hearing by the municipal
legislative authority or board of
township
trustees on the application.
Within seventy-five days after the date the application is
filed with the
mayor of a municipal corporation, the legislative
authority of the municipal
corporation by ordinance or resolution
shall approve or disapprove the
application based on whether the
proposed revitalization district
does or will
substantially
contribute to entertainment, retail, educational,
sporting,
social, cultural, or arts opportunities for the
community. The
community considered shall at a minimum include
the municipal
corporation in
which the community is located. Any
approval of an
application shall be by an
affirmative majority
vote of the
legislative authority. Not more than one revitalization district
shall be designated within the municipal corporation.
Within seventy-five days after the date the application is
filed with a
board of township trustees, the board by resolution
shall approve or
disapprove the application based on whether the
proposed revitalization district does or will
substantially
contribute to entertainment,
retail, educational,
sporting,
social, cultural, or arts opportunities for the
community. The
community considered shall at a minimum include
the township
in
which the community is located. Any approval of
an application
shall be by
an affirmative majority vote of the
board of township
trustees. Not more than one revitalization district shall be
designated within the unincorporated area of the township.
If the municipal legislative authority or board of township
trustees
disapproves the
application, the applicant may make
changes in the
application to secure its
approval by the
legislative authority or
board of township trustees. Any area
approved by the legislative
authority or board of township
trustees
constitutes a revitalization district, and a local option
election
may be
conducted in the district, as a type of community
facility, under
section 4301.356 of the Revised Code.
(D) All or part of an area designated as a revitalization
district may lose this designation as provided in
this division.
The legislative authority of a municipal
corporation in which a
revitalization district is
located, or the board of township
trustees of the
township in
whose unincorporated area a
revitalization district is
located, after giving notice of its
proposed action by publication
once a week
for two consecutive
weeks in at least one newspaper of
general circulation in
the
municipal corporation or township, may
determine by ordinance or
resolution in the case
of the
legislative authority of a municipal
corporation, or by resolution
in
the case of a board of township
trustees of a township, that
all or part of
the area fails to meet
the standards described in
this section
for designation of an area
as a revitalization district. If the
legislative authority or
board so
determines, the area designated in the
ordinance or
resolution no
longer constitutes a revitalization
district.
Sec. 4303.03. Permit (A) Subject to division (B) of this
section, permit A-2 may be
issued to a manufacturer to
manufacture wine from grapes or other
fruits; to import and
purchase wine in
bond for blending purposes, the total amount of
wine so imported
during the year covered by the permit not to
exceed forty per
cent of all the wine manufactured and imported;
to manufacture,
purchase, and import brandy for fortifying
purposes; and to sell
those products either in glass or container
for consumption on the
premises where manufactured,
in sealed
containers for consumption off the premises where
manufactured,
and to
wholesale permit holders under the
rules adopted by the
division of liquor control.
(B)(1) The holder of an A-2 permit shall not sell directly to
a retailer. In order to make sales to a retailer, the manufacturer
shall obtain a B-2a permit or make the sale directly to a B-2 or
B-5 permit holder for subsequent resale to a retailer.
(2) The holder of an A-2 permit shall not sell directly to a
consumer unless the product is sold on the premises in accordance
with division (A) of this section. In order to make sales to a
consumer off the premises where the wine is manufactured, the
manufacturer shall obtain an S permit.
(3) Nothing in this chapter prohibits an A-2 permit holder
also holding a B-2a or S permit.
(C) The fee for this permit is
seventy-six
dollars for each
plant to which this permit is issued.
Sec. 4303.05. Permit A-4 may be
issued to a manufacturer to
manufacture prepared highballs,
cocktails, cordials, and other
mixed drinks containing not less
than four per cent of alcohol by
volume and not more than
twenty-one per cent of alcohol by volume,
and to sell such
products to wholesale and retail permit holders
in sealed
containers only under such rules as are adopted by the
division
of liquor control. The holder of such permit may import
into the
state spirituous liquor and wine only for blending or
other
manufacturing purposes under such rules as are prescribed by
the
division.
The holder of such permit may
also purchase spirituous liquor
for manufacturing and blending
purposes from the holder of an A-3
permit issued by the
division. The formulas and the beverages
manufactured by the
holder of an A-4 permit shall be submitted to
the
division for
its analysis and approval before the beverages
may be sold to or
distributed in this state by holders of retail
and wholesale
permits. All labels and advertising matter used by
the holders
of A-4 permits shall be approved by the division
before they
may be used in this state. The fee for an A-4 permit
is three
thousand nine hundred six dollars for each plant.
Sec. 4303.071. (A)(1) Except as otherwise provided in
division (A)(2) of this section, permit Permit B-2a may be issued
to a
person that manufactures wine, is the brand owner or United
States
importer of wine, or is the designated agent of a brand
owner or
importer for all wine sold in this state for that owner
or
importer, or manufactures wine if such manufacturer is
entitled to a tax credit under 27 C.F.R. 24.278 and produces less
than two hundred fifty thousand gallons of wine per year. If the
person resides outside this state, the person
shall comply with
the requirements governing the issuance of
licenses or permits
that authorize the sale of intoxicating liquor
by the appropriate
authority of the state in which the person
resides or by the
alcohol and tobacco tax and trade bureau in the United States
department of the treasury.
(2) A B-2a permit shall only be issued to a manufacturer of
wine that is entitled to a tax credit under 27 C.F.R. 24.278 and
that produces less than one hundred fifty thousand gallons of wine
per year.
(3) The fee for the B-2a permit is twenty-five dollars.
(4)(3) The holder of a B-2a permit may sell wine to a retail
permit holder, but a B-2a permit holder that is a wine
manufacturer may sell to a retail permit holder only wine that the
B-2a permit holder has manufactured.
(5)(4) The holder of a B-2a permit shall renew the permit in
accordance with section 4303.271 of the Revised Code, except that
renewal shall not be subject to the notice and hearing
requirements established in division (B) of that section.
(B) The holder of a B-2a permit shall collect and pay all
applicable the taxes relating to the delivery of a wine to a
retailer
including, but not limited to, taxes that are levied
under sections
4301.421 and 4301.43 4301.432 and Chapters 5739.
and 5741. of the Revised
Code.
(C) The holder of a B-2a permit shall comply with this
chapter, Chapter 4301. of the Revised Code, and any rules adopted
by the liquor control commission under section 4301.03 of the
Revised Code.
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 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.
(e) It is located in a municipal corporation with a
population of at least five thousand, and not less than one
hundred 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.
(L)(1) Permit D-5l 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-5l 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-5l permit shall be issued only to a premises that
has gross annual receipts from the sale of food and meals that
constitute not less than seventy-five per cent of its total gross
annual receipts, that is located within a revitalization
district
that is designated under section 4301.81 of
the
Revised
Code,
that is located in a
municipal corporation or township in which
the number of D-5
permits issued exceeds the number of those
permits that may be
issued in that municipal corporation or
township under section
4303.29 of the Revised Code, and that is
located in a county with
a population of one hundred twenty-five
thousand or less according
to the population estimates certified
by the department of
development for calendar year 2006.
(3) The location of a D-5l permit may be
transferred only
within
the geographic boundaries of the revitalization
district in
which it
was issued and shall not be transferred
outside the
geographic
boundaries of that district.
(4) Not more than one D-5l permit shall be issued within
each
revitalization district for each five acres of land
located
within
the district. Not more than five D-5l
permits
may be issued within
a single revitalization district.
Except
as otherwise provided in
division (L)(4) of this section,
no quota restrictions shall be
placed upon the number of
D-5l
permits that may be issued.
(5) The fee for a D-5l permit is two thousand
three hundred
forty-four dollars.
(M) Permit D-5m may be issued to either the owner or the
operator
of a retail food establishment or food service operation
licensed
under Chapter 3717. of the Revised Code that operates as
a
restaurant for purposes of this chapter and that is located in,
or
affiliated with, a center for the preservation of wild animals
as
defined in section 4301.404 of the Revised Code, to sell beer
and
any intoxicating liquor at retail, only by the 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 the holders of D-1
and D-2 permits. In addition to the privileges authorized by this
division, the holder of a D-5m permit may exercise the same
privileges as the holder of a D-5 permit.
A D-5m permit shall not be transferred to another location.
No quota restrictions shall be placed on the number of D-5m
permits that may be issued. The fee for a permit D-5m is two
thousand three hundred forty-four dollars.
Sec. 4303.182. (A) Except as
otherwise provided in
divisions
(B) to
(J) of this section, permit D-6 shall be issued
to
the
holder of an A-1-A, A-2, C-2, 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-5l, D-5m,
or D-7
permit to allow sale under that permit between
the
hours
of
ten
a.m. and midnight, or between the hours of
one
p.m.
and
midnight,
on Sunday, as applicable, if that sale
has
been
authorized
under
section 4301.361, 4301.364, 4301.365,
or
4301.366
of the Revised
Code and
under the restrictions of that
authorization.
(B) Permit D-6 shall be issued
to the holder of any permit,
including a D-4a and D-5d permit,
authorizing the sale of
intoxicating liquor issued for a premises
located at any publicly
owned airport, as defined in section
4563.01 of the Revised Code,
at which commercial airline
companies operate regularly scheduled
flights on which space is
available to the public, to allow sale
under such permit between
the hours of ten a.m. and midnight on
Sunday,
whether or not
that sale has been authorized under section
4301.361,
4301.364, 4301.365, or 4301.366 of the
Revised
Code.
(C) Permit D-6 shall be issued to the holder of a D-5a
permit,
and to the holder of a D-3 or D-3a permit who is 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, and that has on its
premises 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 is
affiliated with the hotel or motel and within
or
contiguous to the
hotel or motel and serving food within the
hotel
or motel, to
allow sale under such permit between the hours
of
ten
a.m. and
midnight on Sunday,
whether or
not that
sale has
been
authorized
under section 4301.361,
4301.364, 4301.365, or
4301.366 of
the
Revised Code.
(D) The holder of a D-6 permit
that is issued to a
sports
facility may make sales under the permit between the hours
of
eleven a.m. and midnight on any Sunday on
which a professional
baseball, basketball, football, hockey, or soccer game is
being
played at the sports facility. As used in this
division,
"sports
facility" means a stadium or arena that has a seating
capacity of
at least four
thousand and that is owned or leased by a
professional baseball, basketball,
football, hockey, or
soccer
franchise or any combination of those franchises.
(E) Permit D-6 shall be issued to the holder of any
permit
that authorizes the sale of beer or intoxicating liquor and that
is
issued to a premises located in or at the Ohio historical
society
area or
the state fairgrounds, as defined in division (B)
of section 4301.40 of the Revised Code, to allow sale under that
permit between the hours of
ten a.m. and midnight on Sunday,
whether or
not that sale has been authorized under section
4301.361, 4301.364, 4301.365,
or 4301.366 of the Revised Code.
(F)
Permit D-6 shall be issued to
the holder of any permit
that authorizes the sale of intoxicating liquor and
that is issued
to an outdoor performing arts center to allow sale under that
permit between the hours of one p.m. and midnight on
Sunday,
whether or not that sale has been authorized under section
4301.361 of
the Revised Code. A D-6 permit issued under this
division
is subject to the results of an election, held after the
D-6
permit is issued, on question (B)(4) as set forth in section
4301.351 of the Revised Code.
Following the end of the period
during which an election may be
held on question (B)(4) as set
forth in that section, sales of
intoxicating liquor may continue
at an outdoor performing arts center
under a D-6 permit issued
under this division, unless
an election on that question is held
during the permitted period and a
majority of the
voters voting in
the precinct on that question vote
"no."
As used in this division,
"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.
(G)
Permit D-6 shall be issued to the holder of any permit
that authorizes the sale of beer or intoxicating liquor and that
is issued to a golf course owned by the state, a conservancy
district, a park district created under Chapter 1545. of the
Revised Code, or another political subdivision to allow sale under
that permit between the hours of ten a.m. and midnight on Sunday,
whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
(H) Permit D-6 shall be issued to the holder of a D-5g permit
to allow sale under that permit between the hours of ten a.m. and
midnight on Sunday, whether or not that sale has been authorized
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the
Revised Code.
(I) Permit D-6 shall be issued to the holder of any D permit
for a premises that is licensed under Chapter 3717. of the Revised
Code and that is located at a ski area to allow sale under the D-6
permit between the hours of ten a.m. and midnight on Sunday,
whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.
As used in this division, "ski area" means a ski area as
defined in section 4169.01 of the Revised Code, provided that the
passenger tramway operator at that area is registered under
section 4169.03 of the Revised Code.
(J) Permit D-6 shall be issued to the holder of a D-5j permit
for a permit premises that is located in a community entertainment
district, as defined in section 4301.80 of the Revised Code, that
was approved by the legislative authority of a municipal
corporation under that section between October 1 and October 15,
2005, to allow sale under the permit between the hours of ten a.m.
and midnight on Sunday, whether or not that sale has been
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366
of the Revised Code.
(K) If the restriction to licensed
premises where the sale
of
food and other goods and services
exceeds fifty per cent of the
total gross receipts of the permit
holder at the premises is
applicable, the division of liquor
control may accept an affidavit
from the permit holder to show
the proportion of the permit
holder's gross receipts derived from the sale of
food and other
goods and services. If the liquor control
commission determines
that affidavit to have been false, it
shall revoke the permits of
the permit holder at the premises
concerned.
(L) The fee for the D-6 permit is five
hundred
dollars
when
it is issued to the holder of an
A-1-A, A-2, 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-5l, D-5m, or D-7 permit. The fee for
the D-6
permit
is
four
hundred dollars when it is issued to the
holder of a
C-2
permit.
Sec. 4303.184. (A)
Subject to division (B) of this
section,
a D-8
permit may be issued to the
holder
of a C-1, C-2,
or C-2x
permit issued to a retail store that has
either of the
following
characteristics:
(1) The store has at least five thousand five hundred square
feet of floor
area, and it generates more than sixty per cent of
its sales in general
merchandise items and food for consumption
off the premises where sold.
(2) Wine constitutes at least sixty per cent of the value of
the store's
inventory.
(B)
A D-8 permit may be issued to the holder of a C-1, C-2,
or C-2x permit only if the premises of the permit holder are
located in a precinct, or at a particular location in a precinct,
in which the sale of beer, wine, or mixed beverages is permitted
for consumption off the premises where sold. Sales under a D-8
permit are not affected by whether sales for consumption on the
premises where sold are permitted in the precinct or at the
particular location where the D-8 premises are located.
(C) The holder of a D-8 permit may sell tasting samples
of
beer, wine, and mixed beverages, but not spirituous liquor, at
retail, for
consumption on the premises where sold in an amount
not to exceed two ounces
or another amount designated by rule of
the liquor control commission. A
tasting sample shall not be sold
for general consumption. No D-8
permit holder shall allow any
authorized purchaser to consume more than four
tasting samples of
beer, wine, or mixed beverages, or any combination of beer,
wine,
or mixed beverages, per day.
(D) The privileges authorized under a D-8 permit may
only
be
exercised in conjunction with and during the hours of operation
authorized by a C-1, C-2, C-2x, or
D-6 permit.
(E) A D-8 permit shall not be transferred to another
location.
(F) The fee for the D-8 permit is five
hundred
dollars.
(G) The holder of a D-8 permit shall cause an
independent
audit to be performed at the end of the first full year of
operation following issuance of the permit, and at the end of each
second year
thereafter, in order to verify that the permit
holder
satisfies the applicable requirement of division (A)(1) or (2)
of
this section. The permit holder shall transmit the results of the
independent audit to the division of liquor control. If the
results of the
audit
indicate noncompliance with division (A) of
this section, the
division shall not renew the D-8 permit of the
permit holder.
Sec. 4303.232. (A)(1) Except as provided in division (A)(2)
of this section, permit Permit S may be issued to a person that
manufactures wine, is the brand owner or United States importer of
wine, or is the designated agent of a brand owner or importer for
all wine sold in this state for that owner or importer, or
manufactures wine if such manufacturer is entitled to a tax credit
under 27 C.F.R. 24.278 and produces less than two hundred fifty
thousand gallons of wine per year. If the
person resides outside
this state, the person shall comply with
the requirements
governing the issuance of licenses or permits
that authorize the
sale of intoxicating liquor by the appropriate
authority of the
state in which the person resides or by the alcohol and tobacco
tax
and trade bureau of the United States department of the
treasury.
(2) An S permit shall only be issued to a manufacturer of
wine that is entitled to a tax credit under 27 C.F.R. 24.278 and
that produces less than one hundred fifty thousand gallons of wine
per year.
(3) The fee for the S permit is twenty-five dollars.
(4)(3) The holder of an S permit may sell wine to a personal
consumer by receiving and filling orders that the personal
consumer submits to the permit holder. The permit holder shall
sell only wine that the permit holder has manufactured to a
personal consumer.
(5)(4) The holder of an S permit shall renew the permit in
accordance with section 4303.271 of the Revised Code, except that
the renewal shall not be subject to the notice and hearing
requirements established in division (B) of that section.
(6)(5) The division of liquor control may refuse to renew an
S
permit for any of the reasons specified in section 4303.292 of
the
Revised Code or if the holder of the permit fails to do any
of the
following:
(a) Collect and pay all applicable taxes specified in
division (B) of this section;
(c) Comply with this section or any rules adopted by the
liquor control commission under section 4301.03 of the Revised
Code.
(B) The holder of an S permit shall collect and pay all
applicable the taxes relating to the delivery of wine to a
personal
consumer, including, but not limited to, taxes that are
levied under
sections 4301.421 and 4301.43 4301.432 and Chapters
5739. and 5741. of the
Revised Code.
(C)(1) The holder of an S permit shall send a shipment of
wine that has been paid for by a personal consumer to that
personal consumer via the holder of an H permit. Prior to sending
a shipment of wine to a personal consumer, the holder of an S
permit, or an employee of the permit holder, shall make a bona
fide effort to ensure that the personal consumer is at least
twenty-one years of age. The shipment of wine shall be shipped in
a package that clearly has written on it in bold print the words
"alcohol enclosed." No person shall fail to comply with division
(C)(1) of this section.
(2) Upon delivering a shipment of wine to a personal
consumer, the holder of the H permit, or an employee of the permit
holder, shall verify that the personal consumer is at least
twenty-one years of age by checking the personal consumer's
driver's or commercial driver's license or identification card
issued under sections 4507.50 to 4507.52 of the Revised Code.
(3) The holder of an S permit shall keep a record of each
shipment of wine that the permit holder sends to a personal
consumer. The records shall be used for all of the following:
(a) To provide a copy of each wine shipment invoice to the
tax commissioner in a manner prescribed by the commissioner. The
invoice shall include the name of each personal consumer that
purchased wine from the S permit holder in accordance with this
section and any other information required by the tax
commissioner.
(b) To provide annually in electronic format by electronic
means a report to the division. The report shall include the name
and address of each personal consumer that purchased wine from the
S permit holder in accordance with this section, the quantity of
wine purchased by each personal consumer, and any other
information requested by the division. The division shall
prescribe and provide an electronic form for the report and shall
determine the specific electronic means that the S permit holder
must use to submit the report.
(c) To notify a personal consumer of any health or welfare
recalls of the wine that has been purchased by the personal
consumer.
(D) As used in this section, "personal consumer" means an
individual who is at least twenty-one years of age, is a resident
of this state, does not hold a permit issued under this chapter,
and intends to use wine purchased in accordance with this section
for personal consumption only and not for resale or other
commercial purposes.
(E) The holder of an S permit shall comply with this chapter,
Chapter 4301. of the Revised Code, and any rules adopted by the
liquor control commission under section 4301.03 of the Revised
Code.
Sec. 4303.233. No family household shall purchase more than
twenty-four cases of nine-liter twelve bottles of seven hundred
fifty milliliters of wine in one year.
Sec. 4303.234. All B-2a and S permit holders are subject to
the following:
(A) Audit by the division of liquor control or the department
of taxation;
(B) Jurisdiction of the liquor control commission, the
division of liquor control, the department of taxation, the
department of public safety, and the courts of this state; and
(C) The statutes and rules of this state.
Sec. 4303.25. No person personally or by the person's clerk,
agent, or
employee
shall manufacture,
manufacture for sale, offer,
keep, or possess for sale, furnish
or sell, or solicit the
purchase or sale of any beer or
intoxicating liquor in this state,
or transport, import, or
cause to be transported or imported any
beer, intoxicating
liquor, or alcohol in or into this state for
delivery, use, or
sale, unless the person has fully complied with
this chapter and Chapter 4301.
of the Revised Code or is the
holder of a permit issued
by the division of liquor control and in
force at the time.
The superintendent of liquor control
may adopt rules
requiring a person acting as an agent, solicitor, or salesperson
for a manufacturer, supplier, broker, or wholesale distributor,
who solicits permit holders authorized to
deal in beer and
intoxicating liquor, to be registered with the
division and may
cite the registrant to the
liquor control commission for a
violation of this chapter, Chapter 4301. of the Revised Code, or
the rules adopted by the commission or superintendent.
No manufacturer, supplier, wholesale distributor, broker, or
retailer of beer or intoxicating liquor, or other person shall
employ, retain, or otherwise utilize any person in this state to
act as an employee, agent, solicitor, or salesperson, or act in
any other representative capacity to sell, solicit, take orders,
or receive offers to purchase or expressions of interest to
purchase beer or intoxicating liquor from any person, at any
location other than a liquor permit premises, except as
specifically authorized by Chapter 4301. or 4303. of the Revised
Code or rules adopted thereunder. No function, event, or party
shall take place at any location other than a liquor permit
premises where any person acts in any manner to sell, solicit,
take orders, or receive offers to purchase or expressions of
intent to purchase beer or intoxicating liquor to or from any
person, except as specifically authorized by Chapter 4301. or
4303. of the Revised Code or rules adopted thereunder.
Sec. 4303.27. Each permit issued under sections 4303.02 to
4303.23 4303.232 of the Revised Code shall authorize the person
named to
carry on the business specified at the place or in the
boat,
vessel, or classes of dining car equipment described, and
shall
be
issued for one year, or part
of one year, commencing on
the day
after the uniform expiration dates designated by the
division of liquor control,
or for the unexpired portion of such
year, and no longer, subject
to suspension, revocation, or
cancellation as authorized or
required by
this chapter or
Chapter
4301.
of the Revised Code. Upon
application by
a permit holder,
the superintendent of liquor
control
may expand
during specified
seasons of the year the premises for
which the
permit holder's
permit was issued to include a premises
immediately adjacent to
the premises for which the permit was
issued, so long as the
immediately adjacent premises is under the
permit holder's
ownership and control and is located in an area
where sales under
the permit are not prohibited because of a
local
option election.
Whenever the
superintendent considers it
advisable to cancel the
unexpired portion of an
outstanding permit
in order that the
permit may be issued on one
of the uniform
expiration dates
designated by the
superintendent, the
superintendent shall
credit
to the holder a proportionate
amount
representing
the unexpired
portion of the permit year
pursuant to section
4301.41 of the
Revised Code. Such permit does
not authorize the
person named to
carry on the business specified
at any place or
in any vehicle,
boat, vessel, or class of dining
car equipment
other than that
named, nor does it authorize any
person other
than the one named
in such permit to carry on
that business at
the place or in the
vehicle, boat, vessel, or
class of dining car
equipment named,
except pursuant to compliance
with the rules and orders of
the
division governing the assignment
and transfer of permits, and
with the
consent of the division.
The
holder of a G permit may
substitute the name of another
licensed
pharmacist
for that
entered on the permit, subject to
rules of the
division.
This chapter and Chapter 4301.
of the
Revised Code do not
prohibit the holder of an A, B, C, or D permit
from making
deliveries of beer or intoxicating liquor containing
not more
than
twenty-one per cent of alcohol by volume, or
prohibit the
holder
of an A or B permit from selling or
distributing beer or
intoxicating liquor to a person at a place
outside this state, or
prohibit the holder of any such a permit,
or an H permit, from
delivering any beer or intoxicating liquor so
sold from a point
in
this state to a point outside this state.
Sec. 4303.271. (A) Except as
provided in divisions (B) and
(D) of this section, the holder of
a permit issued under sections
4303.02 to 4303.23 4303.232 of the Revised
Code, who files an
application
for the renewal of the same class
of permit for the
same premises,
shall be entitled to the renewal
of the permit. The
division of
liquor control shall renew the
permit unless the
division rejects
for good cause any renewal
application, subject
to the right of
the applicant to appeal the
rejection to the
liquor control
commission.
(B) The legislative authority of
the municipal corporation,
the board of township trustees, or the
board of county
commissioners of the county in which a permit
premises is located
may object to the renewal of a permit issued
under sections
4303.11 to 4303.183 of the Revised Code for any of
the reasons
contained in division (A) of section 4303.292 of the
Revised Code.
Any objection shall be made no later than thirty
days prior to the
expiration of the permit, and the
division shall accept
the
objection if it is postmarked no later than thirty days prior
to
the
expiration of the permit. The objection shall be made by a
resolution specifying the reasons for objecting to the renewal
and
requesting a hearing, but no objection shall be based upon
noncompliance of the permit premises with local zoning
regulations
that prohibit the sale of beer or intoxicating
liquor in an
area
zoned for commercial or industrial uses, for a
permit
premises
that would otherwise qualify for a proper permit
issued
by the
division. The resolution shall
be accompanied by a
statement by
the chief legal officer of the
political subdivision
that, in the
chief legal officer's
opinion, the objection is
based
upon
substantial legal grounds within the meaning and
intent of
division (A) of section 4303.292 of the Revised Code.
Upon receipt of a resolution of a
legislative authority or
board objecting to the renewal of a
permit and a statement from
the
chief legal officer, the division
shall set a time for the
hearing and send by certified mail to
the permit holder, at the
permit holder's usual place of
business, a copy of the
resolution
and notice of the hearing. The division shall then
hold a hearing
in the central office of the division,
except that, upon written
request of the legislative authority or
board, the hearing shall
be held in the county seat of the county
in which the permit
premises is located, to determine whether the
renewal shall be
denied for any of the reasons contained in
division (A) of section
4303.292 of the Revised Code. Only the
reasons for refusal
contained in division (A) of section 4303.292
of the Revised Code
and specified in the resolution of objection
shall be considered
at the hearing.
The permit holder and the
objecting legislative authority or
board shall be parties to the
proceedings under this section and
shall have the right to be
present, to be represented by counsel,
to offer evidence, to
require the attendance of witnesses, and to
cross-examine
witnesses at the hearing.
(C) An application for renewal
of a permit shall be filed
with the division at least fifteen
days prior to the expiration of
an existing permit, and the
existing permit shall continue in
effect as provided in section
119.06 of the Revised Code until the
application is approved or
rejected by the division. Any holder
of
a permit, which has
expired through failure to be renewed as
provided in this
section, shall obtain a renewal of the permit,
upon filing an
application for renewal with the division, at any
time within
thirty days from the date of the expired permit. A
penalty of
ten per cent of the permit fee shall be paid by the
permit holder
if the application for renewal is not filed at least
fifteen days
prior to the expiration of the permit.
(D)(1) Annually,
the tax commissioner
shall cause the sales
and withholding
tax records in the
department of taxation for each
holder of a
permit issued under
sections 4303.02 to 4303.23
4303.232 of the Revised
Code to be examined to
determine if the
permit holder is
delinquent in filing any sales
or withholding tax
returns or has
any outstanding liability for
sales or withholding
tax,
penalties, or interest imposed pursuant
to Chapter 5739. or
sections 5747.06 and 5747.07 of the Revised
Code. If any
delinquency or liability exists, the commissioner
shall send a
notice of that fact by certified mail, return receipt
requested,
to the permit holder at the mailing address shown in
the records
of the department. The notice shall specify, in as
much detail
as
is possible, the periods for which returns have not
been filed
and
the nature and amount of unpaid assessments and
other
liabilities
and shall be sent on or before the first day of
the
third month
preceding the month in which the permit expires.
The
commissioner
also shall notify the division of liquor control
of the
delinquency or liability, identifying the permit holder by
name
and permit number.
(2)(a) Except as provided in
division (D)(4) of this
section,
the division of liquor control
shall not renew the permit
of any
permit holder the tax
commissioner has identified as being
delinquent in filing any
sales or withholding tax returns or as
being liable for
outstanding sales or withholding tax, penalties,
or interest as
of the first day of the sixth month preceding the
month in which
the permit expires, or of any permit holder the
commissioner has
identified as having been assessed by the
department on or before
the first day of the third month preceding
the month in which the
permit expires, until the division is
notified by the tax
commissioner that the delinquency, liability,
or assessment has
been resolved.
(b)(i) Within ninety days after the
date on which the permit
expires, any permit holder whose permit
is not renewed under this
division may file an appeal with the
liquor control commission.
The commission shall notify the tax
commissioner regarding the
filing of any such appeal. During the
period in which the appeal
is pending, the permit shall not be renewed by the division. The
permit shall
be reinstated if the permit holder and the tax
commissioner or the attorney general demonstrate to the liquor
control commission that the commissioner's notification of a
delinquency or assessment was in error or that the issue of the
delinquency or assessment has been resolved.
(ii) A permit holder who has filed an appeal under
division
(D)(2)(b)(i) of this section may
file
a motion to withdraw the
appeal. The division of
liquor control may renew
a permit
holder's
permit if the permit holder has withdrawn such an appeal
and
the
division receives written certification from the
tax
commissioner
that the permit holder's delinquency or assessment
has been
resolved.
(3) A permit holder notified of
delinquency or liability
under this section may protest the
notification to the tax
commissioner on the basis that no returns
are delinquent and no
tax, penalties, or interest is outstanding.
The commissioner
shall expeditiously consider any evidence
submitted by the permit
holder and, if it is determined that the
notification was in
error, immediately shall inform the
division of liquor control
that the renewal application may be
granted. The renewal shall
not
be denied if the delinquency or
unreported liability is the
subject of a bona fide dispute
pursuant to section 5717.02,
5717.04, 5739.13, or 5747.13 of the
Revised Code.
(4) If the commissioner
concludes that under the
circumstances the permit holder's
delinquency or liability has
been conditionally resolved, the
commissioner
shall allow the
permit to be renewed, conditioned upon the permit
holder's
continuing performance in satisfying the delinquency and
liability. The conditional nature of the renewal shall be
specified in the notification given to the division of liquor
control under division (D)(1) of this section. Upon receipt of
notice of the resolution, the division shall issue a
conditional
renewal. If the taxpayer defaults on any agreement
to pay the
delinquency or liability or fails to keep subsequent
tax payments
current, the liquor control commission, upon request
and proof of
the default or failure to keep subsequent tax
payments current,
shall indefinitely suspend the permit holder's
permit until all
taxes and interest due are paid.
(5) The commissioner may adopt
rules to assist in
administering the duties imposed by this
section.
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 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.
(2)(a) Subject to division (B)(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)(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)(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)(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)(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)(2)(b) of this section if
all permits
of
that class
that may be issued under division
(B)(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)(2)(a) of this section.
A permit
transferred under division (B)(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)(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.
(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.
(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.
(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.
(6) As used in division (B)(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; "capitol
square" has the
same
meaning as in section 105.41 of the Revised Code; and "Ohio
judicial center" means the site of the Ohio supreme court and its
grounds.
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 the state fairgrounds, capitol square, or the
Ohio judicial center.
An
application for a D
permit for the state
fairgrounds, capitol
square, or the Ohio judicial center 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, capitol
square, or the Ohio
judicial center 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.
(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 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. 4303.30. The rights granted
by any D-2, D-3, D-3a, D-4,
D-4a, D-5, D-5a, D-5b, D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j,
D-5k,
or D-6
permit shall be exercised at not more
than two fixed
counters,
commonly known as bars, in rooms or
places on the permit
premises,
where
beer, mixed
beverages, wine, or
spirituous
liquor
is sold to the public for
consumption on the
premises. For
each
additional fixed counter
on the permit
premises where those
beverages are sold for
consumption on the
premises, the permit
holder shall obtain a
duplicate D-2, D-3,
D-3a, D-4, D-4a, D-5,
D-5a, D-5b, D-5e, D-5f,
D-5g, D-5h, D-5i,
D-5j,
D-5k, D-5l, D-5m,
or D-6
permit.
The holder of any D-2, D-3, D-3a,
D-4, D-4a, D-5, D-5a, D-5b,
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,
D-5k, D-5l, D-5m, or
D-6
permit
shall be
granted, upon application to the division of
liquor
control, a
duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a,
D-5b,
D-5e, D-5f,
D-5g, D-5h, D-5i, D-5j,
D-5k, D-5l, D-5m, or
D-6 permit for
each
additional
fixed
counter on the permit
premises at which
beer,
mixed
beverages, wine, or spirituous
liquor is
sold for
consumption on
the premises, provided the
application
is made in
the same manner
as an application for an
original
permit. The
application shall
be identified with
DUPLICATE
printed on the
permit application
form furnished by the
department, in boldface
type. The
application shall
identify by
name, or otherwise amply
describe,
the room or place on the
premises where the duplicate
permit is to
be operative.
Each
duplicate permit shall be issued
only to the
same individual,
firm, or corporation as that of the
original
permit and shall be
an exact duplicate in size and word
content as
the original
permit, except that it shall show on it
the name or
other ample
identification of the room, or place, for
which it is
issued and
shall
have DUPLICATE printed on it in
boldface type.
A
duplicate
permit shall bear the same number as
the
original
permit. The fee
for a duplicate permit is: D-1,
one
hundred
dollars; D-2, one
hundred dollars; D-3, four hundred
dollars;
D-3a, four hundred
dollars; D-4, two hundred dollars;
D-5, one
thousand dollars;
D-5a, one thousand dollars; D-5b, one
thousand
dollars; D-5c, four
hundred dollars; D-5e, six hundred
fifty
dollars; D-5f, one
thousand dollars; D-6, one hundred
dollars when
issued to the
holder of a D-4a permit; and in all
other cases one
hundred
dollars or an amount which is twenty per
cent of the fees
payable
for the A-1-A, D-2, D-3, D-3a, D-4, D-5,
D-5a, D-5b, D-5e,
D-5f,
D-5g, D-5h, D-5i, D-5j,
D-5k, D-5l, D-5m, and
D-6
permits
issued
to the
same premises, whichever is higher.
Application for
a
duplicate
permit may be filed any time during
the life of an
original
permit. The fee for each duplicate D-2,
D-3, D-3a, D-4,
D-4a,
D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h,
D-5i, D-5j,
D-5k,
D-5l, D-5m, or D-6
permit shall be paid in accordance
with
section 4303.24 of the Revised Code.
Sec. 4303.33. (A) Every A-1 permit holder in this state,
every bottler,
importer, wholesale
dealer, broker, producer, or
manufacturer of beer outside this
state and within the United
States, and every B-1 permit holder
and importer importing beer
from any manufacturer, bottler,
person, or group of persons
however organized outside the United
States for sale or
distribution for sale in this state, on
or before the eighteenth
day of each month, shall make and file with
the
tax commissioner
upon a form prescribed by the tax
commissioner an
advance tax
payment in an amount estimated to
equal the taxpayer's
tax
liability for the month in which
the advance tax payment is
made.
If the advance tax payment
credits
claimed on the report are
for
advance tax payments received by
the
tax
commissioner on or
before
the eighteenth day of the
month covered
by the report, the
taxpayer is entitled to an
additional credit of
three per cent of
the advance tax payment
and a discount of three
per cent shall be
allowed the taxpayer at
the time of filing the
report if filed as
provided in division
(B) of this section on any
amount by which
the tax liability
reflected in the report exceeds
the advance tax
payment estimate
by not more than ten per cent.
The additional
three per cent
credit and three per cent discount
shall be in
consideration for
advancing the payment of the tax and
other
services performed by
the permit holder and other taxpayers
in the
collection of the
tax.
"Advance tax payment credit"
means credit for payments made
by an A-1 or B-1 permit holder and
any other persons during the
period covered by a report which was
made in anticipation of the
tax liability required to be reported
on that report.
"Tax liability" as used in
division (A) of this section means
the total gross tax liability
of an A-1 or B-1 permit holder and
any other persons for the
period covered by a report before any
allowance for credits and
discount.
(B) Every A-1 permit holder in
this state, every bottler,
importer, wholesale dealer, broker,
producer, or manufacturer of
beer outside this state and within
the United States, and every
B-1 permit holder importing beer
from any manufacturer, bottler,
person, or group of persons
however organized outside the United
States, on or before
the tenth day of each month, shall make and
file a report for the
preceding month upon a form prescribed by
the tax commissioner
which report shall show the amount of beer
produced, sold, and
distributed for sale in this state by the A-1
permit holder,
sold and distributed for sale in this state by each
manufacturer,
bottler, importer, wholesale dealer, or broker
outside this state
and within the United States, and the amount of
beer imported
into this state from outside the United States and
sold and
distributed for sale in this state by the B-1 permit
holder or
importer.
The report shall be filed by
mailing it to the
tax
commissioner, together with payment
of the tax levied by
sections
4301.42
and 4305.01 of the Revised
Code shown to be due
on the
report
after deduction of
advance payment
credits and any
additional
credits or discounts provided for
under this section.
(C)(1) Every A-2 and, A-4, B-2, B-2a, B-3,
B-4, and B-5, and
S permit holder
in this state, on or before the
eighteenth day of
each month,
shall make and file a report with the
tax
commissioner
upon a
form prescribed by the tax commissioner
which
report shall
show,
on the report of each A-2 and, A-4, B-2a, and S permit
holder
the amount of
wine, cider, and mixed beverages produced
and
sold,
or sold in
this state by each such A-2 and, A-4, B-2a, and S
permit holder for
the next
preceding calendar month and such other
information as
the tax
commissioner requires, and on the report of
each such
B-2,
B-3,
B-4, and B-5 permit holder the amount of wine,
cider,
and
mixed
beverages purchased from an importer, broker,
wholesale
dealer,
producer, or manufacturer located outside this
state and
sold and
distributed in this state by such B-2, B-3,
B-4, and B-5
permit
holder, for the next preceding calendar month
and such
other
information as the tax commissioner requires.
(2) Every such A-2, A-4, B-2, B-2a, B-3,
B-4, and B-5, and S
permit holder in
this state shall remit with the
report the tax
levied by sections
4301.43 and, if
applicable, 4301.432 of the
Revised Code less a
discount thereon of three per cent of the
total tax so levied and
paid, provided the return is filed
together with remittance of the
amount of tax shown to be due
thereon, within the time prescribed.
Any
permit holder or other
persons
who fail to file a report under
this section, for each day
the
person so fails, may be
required to
forfeit and pay
into the
state
treasury the sum of one dollar as
revenue arising
from the
tax
imposed by sections 4301.42, 4301.43,
4301.432, and
4305.01 of
the
Revised Code, and that sum may be
collected by
assessment in
the
manner provided in section 4305.13
of the
Revised Code.
(3) If the tax commissioner determines that the quantity
reported by a person does not warrant monthly reporting, the
commissioner may authorize the filing of returns and the payment
of the tax required by this section for periods longer than one
month.
(D) Every B-1 permit holder and
importer in this state
importing beer from any manufacturer,
bottler, person, or group of
persons however organized, outside
the United States, if required
by the tax commissioner shall post
a bond payable to the state in
such form and amount as the
commissioner prescribes with surety to
the satisfaction of the
tax commissioner, conditioned upon the
payment to the
tax commissioner of taxes levied
by sections
4301.42 and 4305.01 of the
Revised Code.
(E) No such wine, beer, cider, or mixed beverages sold or
distributed
in this state shall be taxed more
than once under
sections 4301.42, 4301.43, and 4305.01 of the
Revised Code.
(F) As used in this section:
(1)
"Cider" has the same meaning as in section 4301.01 of
the
Revised Code.
(2)
"Wine" has the same meaning as in section 4301.01
of the
Revised Code, except that
"wine" does not include cider.
(G) All money collected by the tax commissioner under this
section shall be paid to the treasurer of state as revenue arising
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and
4305.01 of the Revised Code.
Sec. 4303.333. (A) An A-2 permit
holder in this state whose
total production of wine, wherever
produced, which but for this
exemption is taxable under section
4301.43 of the Revised Code
does not exceed five hundred thousand
gallons in a calendar year,
shall be allowed an exemption from
the taxes levied in the
following calendar year under section
4301.43 of the Revised Code
on wine produced and sold or
distributed in this state. The
exemption may be claimed monthly
against current taxes levied
under such section as the reports required
by section 4303.33 of
the Revised Code are due. At the time the
report for December is
due for a calendar year during which a
permit holder is eligible
to receive claimed an exemption under this
section, if the permit
holder has paid the tax levied under
section 4301.43 of the
Revised Code, the permit holder may claim
a refund of such tax
paid during the calendar year or shall remit any additional tax
due because it did not qualify for the exemption on the December
report. For the
purpose of providing this refund, taxes previously
paid under
section 4303.33 of the Revised Code during the calendar
year
shall not be considered final until the December report is
filed.
The
(B) The tax commissioner shall prescribe forms for and allow
the
exemptions and refunds authorized by this section.
Sec. 4399.12. No provision contained in Title XLIII of the
Revised Code that
prohibits the sale of intoxicating liquors in
any of the circumstances
described in section 4399.11 of the
Revised Code extends to or prevents the
holder of an A, B, C-2,
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a,
D-5b, D-5e, D-5f, D-5g,
D-5h, D-5i, D-5j,
D-5k, D-5l, D-5m, G, or I permit issued by
the
division of
liquor control from distributing or selling
intoxicating liquor at
the
place of business described in the
permit of the holder.
Sec. 5703.21. (A) Except as provided in divisions (B) and
(C) of this section, no agent
of the department of taxation,
except in the agent's report to the department or when called on
to
testify in any court or proceeding, shall divulge any
information
acquired by the agent as to the transactions,
property, or business
of any person while acting or claiming to
act under orders of the
department. Whoever violates this
provision shall thereafter be
disqualified from acting as an
officer or employee or in any
other capacity under appointment or
employment of the department.
(B)(1) For purposes of an audit pursuant to section 117.15
of
the Revised Code, or an audit of the department pursuant to
Chapter 117. of the Revised Code, or an audit, pursuant to that
chapter, the objective of which is to express an opinion on a
financial report or statement prepared or issued pursuant to
division (A)(7) or (9) of section
126.21 of
the Revised Code, the
officers and employees of the auditor of state charged with
conducting the audit shall have access to and the right to
examine
any state tax returns and state tax return information in
the
possession of the department to the extent that the
access
and
examination are necessary for purposes of the audit. Any
information acquired as the result of that access and
examination
shall not be divulged for any purpose other than as required for
the audit or unless the officers and employees are required
to
testify in a court or proceeding under compulsion of legal
process. Whoever violates this provision shall thereafter be
disqualified from acting as an officer or employee or in any
other
capacity under appointment or employment of the auditor of
state.
(2) For purposes of an internal audit pursuant to section
126.45 of the Revised Code, the officers and employees of the
office of internal auditing in the office of budget and management
charged with conducting the internal audit shall have access to
and the right to examine any state tax returns and state tax
return information in the possession of the department to the
extent that the access and examination are necessary for purposes
of the internal audit. Any information acquired as the result of
that access and examination shall not be divulged for any purpose
other than as required for the internal audit or unless the
officers and employees are required to testify in a court or
proceeding under compulsion of legal process. Whoever violates
this provision shall thereafter be disqualified from acting as an
officer or employee or in any other capacity under appointment or
employment of the office of internal auditing.
(3) As provided by section 6103(d)(2) of the Internal
Revenue
Code, any federal tax returns or federal tax information
that the
department has acquired from the internal revenue
service, through
federal and state statutory authority, may be
disclosed to the
auditor of state or the office of internal auditing solely for
purposes of an audit
of the department.
(C) Division (A) of this section does not prohibit
any of
the
following:
(1) Divulging information contained in applications,
complaints, and
related documents filed with the department under
section 5715.27
of the Revised Code or in applications filed with
the department
under section 5715.39 of the Revised Code;
(2) Providing
information to the office of child support
within the department of job and family services pursuant to
section 3125.43 of the Revised
Code;
(3) Disclosing to the board of
motor vehicle collision
repair
registration any information
in the possession of the
department
that is necessary for the
board to
verify the existence
of an
applicant's valid vendor's license and
current state tax
identification number under section 4775.07 of the
Revised Code;
(4) Providing information to the administrator
of workers'
compensation pursuant
to sections 4123.271 and 4123.591 of the
Revised Code;
(5) Providing to the attorney general
information the
department obtains
under division (J) of section 1346.01 of the
Revised Code;
(6) Permitting properly authorized officers, employees, or
agents of a
municipal corporation from inspecting reports or
information pursuant to
rules adopted under section 5745.16 of the
Revised Code;
(7) Providing information regarding the name, account
number,
or business
address of a holder of a vendor's
license
issued
pursuant to section 5739.17 of the Revised Code, a holder
of a
direct payment permit issued pursuant to section 5739.031 of
the
Revised Code, or a seller having a use tax account maintained
pursuant to
section 5741.17 of the Revised Code, or information
regarding the active or inactive status of a vendor's license,
direct payment permit, or seller's use tax account;
(8) Releasing invoices or invoice information furnished under
section 4301.433 of
the Revised Code pursuant to
that section;
(9) Providing to a county auditor notices or documents
concerning or affecting the taxable value of property in the
county auditor's county. Unless authorized by law to disclose
documents so provided, the county auditor shall not disclose such
documents;
(10) Providing to a county auditor sales or use tax return or
audit information under section 333.06 of the Revised Code;
(11) Subject to section 4301.441 of the Revised Code,
disclosing to the appropriate state agency information in the
possession of the department of taxation that is necessary to
verify a permit holder's gallonage or noncompliance with taxes
levied under Chapter 4301. or 4305. of the Revised Code.
Section 2. That existing sections 4301.10, 4301.12, 4301.16,
4301.20, 4301.30, 4301.355, 4301.432, 4301.47, 4301.58, 4301.62,
4301.639, 4303.03, 4303.05, 4303.071, 4303.181, 4303.182,
4303.184, 4303.232, 4303.233, 4303.25, 4303.27, 4303.271, 4303.29,
4303.30,
4303.33, 4303.333, 4399.12, and 5703.21 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.
Section 4. The amendments by this act of sections 4303.071
and 4303.232 of the Revised Code are essential to implementation
of a tax levy, are exempt from the referendum under Ohio
Constitution, Article II, Section 1d, and take effect on July 1,
2008.
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