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Am. Sub. H. B. No. 243 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Kozlowski, Young
Cosponsors:
Representatives Huffman, Beck, Thompson, Ramos, Maag, Hall, Mecklenborg, Dovilla, Fedor, Letson, Adams, R., Anielski, Antonio, Balderson, Barnes, Blessing, Bubp, Buchy, Carney, Damschroder, Driehaus, Duffey, Foley, Garland, Goyal, Grossman, Hagan, R., Lundy, Mallory, McClain, Milkovich, Murray, Peterson, Rosenberger, Ruhl, Slaby, Uecker, Wachtmann, Yuko
Senators Bacon, Faber, Sawyer, Hughes, Hite, Beagle, Balderson, Brown, Burke, Cafaro, Coley, Eklund, Gentile, Jordan, Lehner, Manning, Niehaus, Patton, Seitz, Skindell
A BILL
To amend sections 4301.10, 4301.17, 4301.62, 4303.02,
4303.041, 4303.181, 4303.184, 4303.25, and 4303.29
and to enact sections 4301.171 and 4303.209 of the
Revised Code to revise certain provisions of the
Liquor Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.10, 4301.17, 4301.62, 4303.02,
4303.041, 4303.181, 4303.184, 4303.25, and 4303.29 be amended and
sections 4301.171 and 4303.209 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issued, has been revoked, canceled, or suspended, shall be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, trade marketing professional, or salesperson,
registered pursuant to section 4303.25 of the Revised Code, of a
beer or intoxicating liquor manufacturer, supplier, broker, trade
marketing company, 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 beer or 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 and an S permit holder that
does not sell its beer to wholesale distributors of beer in this
state shall not be required to submit to the division territory
designation forms.
Each supplier, agent, solicitor, trade marketing
professional, or salesperson registration issued under this
division shall authorize the person named to carry on the activity
specified in the registration. Each agent, solicitor, trade
marketing professional, 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.
As used in this division, "trade marketing company" and
"trade marketing professional" have the same meanings as in
section 4301.171 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. 4301.17. (A)(1) Subject to local option as provided in
sections 4301.32 to 4301.40 of the Revised Code, five state liquor
stores or agencies may be established in each county. One
additional store may be established in any county for each twenty
thousand of population of that county or major fraction thereof in
excess of the first forty thousand, according to the last
preceding federal decennial census or according to the population
estimates certified by the department of development between
decennial censuses. A person engaged in a mercantile business may
act as the agent for the division of liquor control for the sale
of spirituous liquor in a municipal corporation, in the
unincorporated area of a township, or in an area designated and
approved as a resort area under section 4303.262 of the Revised
Code. The division shall fix the compensation for such an agent in
the manner it considers best, but the compensation shall not
exceed seven per cent of the gross sales made by the agent in any
one year.
(2) The division shall adopt rules in accordance with Chapter
119. of the Revised Code governing the allocation and equitable
distribution of agency store contracts. The division shall comply
with the rules when awarding a contract under division (A)(1) of
this section.
(3) Except as otherwise provided in this section and section
4301.171 of the Revised Code, no mercantile business that sells
beer or intoxicating liquor for consumption on the premises under
a permit issued by the division shall operate an agency store at
the premises. An agency to which a D-1 permit has been issued may
offer for sale tasting samples of beer, an agency to which a D-2
permit has been issued may offer for sale tasting samples of wine
and mixed beverages, and an agency to which a D-5 permit has been
issued may offer for sale tasting samples of beer, wine, and mixed
beverages, but not. An agency to which a D-8 permit has been
issued may allow the sale of tasting samples of spirituous liquor
in accordance with section 4301.171 of the Revised Code. A tasting
sample shall not be sold for the purpose of general consumption.
As used in this section with respect to beer, wine, and mixed
beverages, "tasting sample" means a small amount of beer, wine, or
mixed beverages that is provided in not more than four servings of
not more than two ounces each to an authorized purchaser and that
allows the purchaser to determine, by tasting only, the quality
and character of the beverage.
(B) When an agency contract is proposed, when an existing
agency contract is assigned, when an existing agency proposes to
relocate, or when an existing agency is relocated and assigned,
before entering into any contract, consenting to any assignment,
or consenting to any relocation, the division shall notify the
legislative authority of the municipal corporation in which the
agency store is to be located, or the board of county
commissioners and the board of township trustees of the county and
the township in which the agency store is to be located if the
agency store is to be located outside the corporate limits of a
municipal corporation, of the proposed contract, assignment, or
relocation, and an opportunity shall be provided officials or
employees of the municipal corporation or county and township for
a complete hearing upon the advisability of entering into the
contract or consenting to the assignment or relocation. When the
division sends notice to the legislative authority of the
political subdivision, the division shall notify, by certified
mail or by personal service, the chief peace officer of the
political subdivision, who may appear and testify, either in
person or through a representative, at any hearing held on the
advisability of entering into the contract or consenting to the
assignment or relocation.
If the proposed agency store, the assignment of an agency
contract, or the relocation of an agency store would be located
within five hundred feet of a school, church, library, public
playground, or township park, the division shall not enter into an
agency contract until it has provided notice of the proposed
contract to the authorities in control of the school, church,
library, public playground, or township park and has provided
those authorities with an opportunity for a complete hearing upon
the advisability of entering into the contract. If an agency store
so located is operating under an agency contract, the division may
consent to relocation of the agency store or to the assignment of
that contract to operate an agency store at the same location. The
division may also consent to the assignment of an existing agency
contract simultaneously with the relocation of the agency store.
In any such assignment or relocation, the assignee and the
location shall be subject to the same requirements that the
existing location met at the time that the contract was first
entered into as well as any additional requirements imposed by the
division in rules adopted by the superintendent of liquor control.
The division shall not consent to an assignment or relocation of
an agency store until it has notified the authorities in control
of the school, church, library, public playground, or township
park and has provided those authorities with an opportunity for a
complete hearing upon the advisability of consenting to the
assignment or relocation.
Any hearing provided for in this division shall be held in
the central office of the division, except that upon written
request of the legislative authority of the municipal corporation,
the board of county commissioners, the board of township trustees,
or the authorities in control of the school, church, library,
public playground, or township park, the hearing shall be held in
the county seat of the county where the proposed agency store is
to be located.
(C) All agency contracts entered into by the division
pursuant to this section shall be in writing and shall contain a
clause providing for the termination of the contract at will by
the division upon its giving ninety days' notice in writing to the
agent of its intention to do so. Any agency contract may include a
clause requiring the agent to report to the appropriate law
enforcement agency the name and address of any individual under
twenty-one years of age who attempts to make an illegal purchase.
An agent may engage in the selling of beer, mixed beverages,
and wine pursuant to permits issued to the agent under Chapter
4303. of the Revised Code.
The division shall issue a C-1 and C-2 permit to each agent
who prior to November 1, 1994, had not been issued both of these
permits, notwithstanding the population quota restrictions
contained in section 4303.29 of the Revised Code or in any rule of
the liquor control commission and notwithstanding the requirements
of section 4303.31 of the Revised Code. The location of a C-1 or
C-2 permit issued to such an agent shall not be transferred. The
division shall revoke any C-1 or C-2 permit issued to an agent
under this paragraph if the agent no longer operates an agency
store.
The division may enter into agreements with the department of
development to implement a minority loan program to provide
low-interest loans to minority business enterprises, as defined in
section 122.71 of the Revised Code, that are awarded liquor agency
contracts or assignments.
(D) If the division closes a state liquor store and replaces
that store with an agency store, any employees of the division
employed at that state liquor store who lose their jobs at that
store as a result shall be given preference by the agent who
operates the agency store in filling any vacancies that occur
among the agent's employees, if that preference does not conflict
with the agent's obligations pursuant to a collective bargaining
agreement.
If the division closes a state liquor store and replaces the
store with an agency store, any employees of the division employed
at the state liquor store who lose their jobs at that store as a
result may displace other employees as provided in sections
124.321 to 124.328 of the Revised Code. If an employee cannot
displace other employees and is laid off, the employee shall be
reinstated in another job as provided in sections 124.321 to
124.328 of the Revised Code, except that the employee's rights of
reinstatement in a job at a state liquor store shall continue for
a period of two years after the date of the employee's layoff and
shall apply to jobs at state liquor stores located in the
employee's layoff jurisdiction and any layoff jurisdiction
adjacent to the employee's layoff jurisdiction.
(E) The division shall require every agent to give bond with
surety to the satisfaction of the division, in the amount the
division fixes, conditioned for the faithful performance of the
agent's duties as prescribed by the division.
Sec. 4301.171. (A) As used in this section:
(1) "Broker" and "solicitor" have the same meanings as in
rules adopted by the superintendent of liquor control under
section 4303.25 of the Revised Code.
(2) "Tasting sample" means a small amount of spirituous
liquor that is provided in a serving of not more than a quarter
ounce of spirituous liquor and, if provided, not more than one
ounce of nonalcoholic mixer to an authorized purchaser and that
allows the purchaser to determine, by tasting only, the quality
and character of the beverage.
(3) "Trade marketing company" means a company that solicits
the purchase of beer and intoxicating liquor and educates the
public about beer and intoxicating liquor.
(4) "Trade marketing professional" means an individual who is
an employee of, or is under contract with, a trade marketing
company and who has successfully completed a training program
described in section 4301.253 of the Revised Code.
(B) Notwithstanding section 4301.24 of the Revised Code, an
agency store to which a D-8 permit has been issued may allow a
trade marketing professional, broker, or solicitor to offer for
sale tasting samples of spirituous liquor when conducted in
accordance with this section. A tasting sample shall not be sold
for the purpose of general consumption.
(C) Tasting samples of spirituous liquor may be offered for
sale at an agency store by a trade marketing professional, broker,
or solicitor if all of the following apply:
(1) The tasting samples are sold only in the area of the
agency store in which spirituous liquor is sold and that area is
open to the public.
(2) The tasting samples are sold only by the trade marketing
professional, broker, or solicitor.
(3) The spirituous liquor is registered under division (A)(8)
of section 4301.10 of the Revised Code.
(4) Not less than five business days prior to the sale, the
trade marketing professional, broker, or solicitor has provided
written notice to the division of liquor control of the date and
time of the sampling, and of the type and brand of spirituous
liquor to be sampled at the agency store.
(D) A sale of tasting samples of spirituous liquor is subject
to rules adopted by the superintendent of liquor control or the
liquor control commission.
(E) An offering for sale of tasting samples of spirituous
liquor shall be limited to a period of not more than two hours.
(F) For purposes of offering for sale tasting samples of
spirituous liquor, an agency store shall purchase the spirituous
liquor at the current retail price. An authorized purchaser shall
be charged not less than fifty cents for each tasting sample of
spirituous liquor. However, the aggregate amount charged for the
sale of tasting samples shall be sufficient to cover the wholesale
price of the spirituous liquor being tasted as that price is fixed
under division (B)(4) of section 4301.10 of the Revised Code. Of
the amount collected from the sale of tasting samples of
spirituous liquor, the trade marketing professional, broker, or
solicitor shall reimburse the agency store for the amount of the
retail price of the spirituous liquor. When the sale of tasting
samples of spirituous liquor at an agency store is completed, any
bottles of spirituous liquor used to provide tasting samples that
are not empty shall be marked as "sample" and removed from the
agency store by the trade marketing professional, broker, or
solicitor, as applicable.
(G) No trade marketing professional, broker, or solicitor
shall do any of the following:
(1) Advertise the offering for sale of tasting samples of
spirituous liquor other than at the agency store where the tasting
samples will be offered;
(2) Solicit orders or make sales of tasting samples of
spirituous liquor for quantities greater than those specified in
division (G)(3) of this section;
(3) Allow any authorized purchaser to consume more than four
tasting samples of spirituous liquor per day.
(H) The purchase of a tasting sample of spirituous liquor
shall not be contingent upon the purchase of any other product
from an agency store.
(I) No employee of an agency store that allows the sale of
tasting samples of spirituous liquor shall purchase or consume a
tasting sample while on duty.
(J) If an employee of an agency store that allows the sale of
tasting samples of spirituous liquor consumes a tasting sample of
spirituous liquor, the employee shall not perform the employee's
duties and responsibilities at the agency store on the day the
tasting sample is consumed.
(K) No person under twenty-one years of age shall consume a
tasting sample of spirituous liquor.
(L) Not more than five events at which the sale of tasting
samples of spirituous liquor are offered shall occur at an agency
store in a calendar month.
(M) No trade marketing professional, trade marketing company,
broker, solicitor, owner or operator of an agency store, or an
agent or employee of the owner or operator shall violate this
section or any rules adopted by the superintendent or the
commission for the purposes 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 Except as provided in division
(C)(1)(e) of this section, in an agency 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, A-3a, 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-5n, D-5o, D-7, D-8, E, F, F-2, 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;
(e) Spirituous liquor to be consumed for purposes of a
tasting sample, as defined in section 4301.171 of the Revised
Code.
(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 one
hundred fifty 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.
(5) A person may have in the person's possession on an F-9
liquor permit premises an opened or unopened container of beer or
intoxicating liquor that was not purchased from the holder of the
F-9 permit if the person is attending an orchestral performance
and the holder of the F-9 permit grants permission for the
possession and consumption of beer or intoxicating liquor in
certain predesignated areas of the premises during the period for
which the F-9 permit is issued.
As used in division (C)(5) of this section, "orchestral
performance" has the same meaning as in division (C)(3)(b) of this
section.
(D) This section does not apply to a person who pays all or a
portion of the fee imposed for the use of a chauffeured limousine
pursuant to a prearranged contract, or the guest of the person,
when all of the following apply:
(1) The person or guest is a passenger in the limousine.
(2) The person or guest is located in the limousine, but is
not occupying a seat in the front compartment of the limousine
where the operator of the limousine is located.
(3) The limousine is located on any street, highway, or other
public or private property open to the public for purposes of
vehicular travel or parking.
(E) An opened bottle of wine that was purchased from the
holder of a permit that authorizes the sale of wine for
consumption on the premises where sold is not an opened container
for the purposes of this section if both of the following apply:
(1) The opened bottle of wine is securely resealed by the
permit holder or an employee of the permit holder before the
bottle is removed from the premises. The bottle shall be secured
in such a manner that it is visibly apparent if the bottle has
been subsequently opened or tampered with.
(2) The opened bottle of wine that is resealed in accordance
with division (E)(1) of this section is stored in the trunk of a
motor vehicle or, if the motor vehicle does not have a trunk,
behind the last upright seat or in an area not normally occupied
by the driver or passengers and not easily accessible by the
driver.
Sec. 4303.02. Permit A-1 may be issued to a manufacturer to
manufacture beer and sell beer products in bottles or containers
for home use and to retail and wholesale permit holders under
rules promulgated adopted by the division of liquor control. In
addition, an A-1 permit holder may sell beer manufactured on the
premises at retail, by individual drink in a glass or from a
container, for consumption on the premises where sold. The fee for
this permit is three thousand nine hundred six dollars for each
plant during the year covered by the permit.
Sec. 4303.041. (A) An A-3a permit may be issued to a
distiller that manufactures less than ten thousand gallons of
spirituous liquor per year. An A-3a permit holder may sell to a
personal consumer, in sealed containers for consumption off the
premises where manufactured, spirituous liquor that the permit
holder manufactures, but sales to the personal consumer may occur
only by an in-person transaction at the permit premises. The A-3a
permit holder shall not ship, send, or use an H permit holder to
deliver spirituous liquor to the personal consumer.
"Distiller" means a person in this state who mashes,
ferments, distills, and ages spirituous liquor.
Not more than one A-3a permit may be issued per county and
only in a county with a population exceeding eight hundred
thousand.
(B)(1) Except as otherwise provided in this section, no A-3a
permit shall be issued unless the sale of spirituous liquor by the
glass for consumption on the premises or by the package for
consumption off the premises is authorized in the election
precinct in which the A-3a permit is proposed to be located.
(2) Division (B)(1) of this section does not prohibit the
issuance of an A-3a permit to an applicant for such a permit who
has filed an application with the division of liquor control
before the effective date of this amendment.
(C)(1) An A-3a permit holder may offer for sale tasting
samples of spirituous liquor. The A-3a permit holder shall not
serve more than four tasting samples of spirituous liquor per
person per day. A tasting sample shall not exceed a quarter ounce.
Tasting samples shall be only for the purpose of allowing a
purchaser to determine, by tasting only, the quality and character
of the spirituous liquor. The tasting samples shall be offered for
sale in accordance with rules adopted by the division of liquor
control.
(2) An A-3a permit holder shall sell not more than one and
one-half liters of spirituous liquor per day from the permit
premises to the same personal consumer.
An A-3a permit holder may sell spirituous liquor in sealed
containers for consumption off the premises where manufactured as
an independent contractor under agreement, by virtue of the
permit, with the division of liquor control. The price at which
the A-3a permit holder shall sell each spirituous liquor product
to a personal consumer is to be determined by the division of
liquor control. For an A-3a permit holder to purchase and then
offer spirituous liquor for retail sale, the spirituous liquor
need not first leave the physical possession of the A-3a permit
holder to be so registered. The spirituous liquor that the A-3a
permit holder buys from the division of liquor control shall be
maintained in a separate area of the permit premises for sale to
personal consumers. The A-3a permit holder shall sell such
spirituous liquor in sealed containers for consumption off the
premises where manufactured as an independent contractor by virtue
of the permit issued by the division of liquor control, but the
permit holder shall not be compensated as provided in division
(A)(1) of section 4301.17 of the Revised Code. Each A-3a permit
holder shall be subject to audit by the division of liquor
control.
(D) The fee for the A-3a permit is three thousand nine
hundred six dollars for each plant, but if the production capacity
of a plant is less than five hundred wine barrels of fifty gallons
each annually, the fee is two dollars per fifty-gallon barrel.
(E) The holder of an A-3a permit may also exercise the same
privileges as the holder of an A-3 permit.
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 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)(1) It is located in a municipal corporation with a
population of at least one hundred thousand.
(b)(2) It is located in a municipal corporation with a
population of at least twenty thousand, and either of the
following applies:
(i)(a) 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)(b) 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)(3) It is located in a township with a population of at
least forty thousand.
(d)(4) It is located in a township with a population of at
least twenty 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 township.
(5) It is located in a municipal corporation with a
population between ten thousand and twenty thousand, and both of
the following apply:
(a) The municipal corporation was incorporated as a village
prior to calendar year 1840 and currently has a historic downtown
business district.
(b) The municipal corporation is located in the same county
as another municipal corporation with at least one community
entertainment district.
(6) 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)(7) 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 business
establishment 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 equals or 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 fifteen 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) No D-5l permit shall be issued to an adult entertainment
establishment as defined in section 2907.39 of the Revised Code.
(6) 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.
(N) Permit D-5n shall be issued to either a casino operator
or a casino management company licensed under Chapter 3772. of the
Revised Code that operates a casino facility under that chapter,
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 the holders of D-1 and D-2 permits. In addition to the
privileges authorized by this division, the holder of a D-5n
permit may exercise the same privileges as the holder of a D-5
permit. A D-5n permit shall not be transferred to another
location. Only one D-5n permit may be issued per casino facility
and not more than four D-5n permits shall be issued in this state.
The fee for a permit D-5n shall be twenty thousand dollars. The
holder of a D-5n permit may conduct casino gaming on the permit
premises notwithstanding any provision of the Revised Code or
Administrative Code.
(O) Permit D-5o 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 is located within
a casino facility for which a D-5n permit has been issued. The
holder of a D-5o 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 by this division, the holder of a D-5o permit may
exercise the same privileges as the holder of a D-5 permit. A D-5o
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.
Sec. 4303.184. (A) Subject to division (B) of this section,
a D-8 permit may be issued to the either of the following:
(2) 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)(a) 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)(b) 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)(1) The holder of a D-8 permit described in division
(A)(2) of this section 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
(2) The holder of a D-8 permit described in division (A)(1)
of this section may allow the sale of tasting samples of
spirituous liquor in accordance with section 4301.171 of the
Revised Code.
(3) No D-8 permit holder described in division (A)(2) of this
section 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)(1) Notwithstanding sections 4303.11 and 4303.121 of the
Revised Code, the holder of a D-8 permit described in division
(A)(2) of this section may sell beer that is dispensed from
containers that have a capacity equal to or greater than five and
one-sixth gallons if all of the following conditions are met:
(a) A product registration fee for the beer has been paid as
required in division (A)(8)(b) of section 4301.10 of the Revised
Code.
(b) The beer is dispensed only in glass containers whose
capacity does not exceed one gallon and not for consumption on the
premises where sold.
(c) The containers are sealed, marked, and transported in
accordance with division (E) of section 4301.62 of the Revised
Code.
(d) The containers have been cleaned immediately before being
filled in accordance with rule 4301:1-1-28 of the Administrative
Code.
(2) Beer that is sold and dispensed under division (D)(1) of
this section is subject to both of the following:
(a) All applicable rules adopted by the liquor control
commission, including, but not limited to, rule 4301:1-1-27 and
rule 4301:1-1-72 of the Administrative Code;
(b) All applicable federal laws and regulations.
(E) The privileges authorized under for the holder of a D-8
permit described in division (A)(2) of this section 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)(F) A D-8 permit shall not be transferred to another
location.
(F)(G) The fee for the D-8 permit is five hundred dollars.
Sec. 4303.209. (A)(1) The division of liquor control may
issue an F-9 permit to a nonprofit corporation that operates a
park on property leased from a municipal corporation or a
nonprofit corporation that provides or manages entertainment
programming pursuant to an agreement with a nonprofit corporation
that operates a park on property leased from a municipal
corporation to sell beer or intoxicating liquor by the individual
drink at specific events conducted within the park property and
appurtenant streets, but only if, and only at times at which, the
sale of beer and intoxicating liquor on the premises is otherwise
permitted by law. Additionally, an F-9 permit may be issued only
if the park property is located in a county that has a population
of between one million one hundred thousand and one million two
hundred thousand on the effective date of this section.
(2) The division may issue separate F-9 permits to a
nonprofit corporation that operates a park on property leased from
a municipal corporation and a nonprofit corporation that provides
or manages entertainment programming pursuant to an agreement with
a nonprofit corporation that operates a park on property leased
from a municipal corporation to be effective during the same time
period. However, the permit privileges may be exercised by only
one of the holders of an F-9 permit at specific events. The other
holder of an F-9 permit shall certify to the division that it will
not exercise its permit privileges during that specific event.
(3) The premises on which an F-9 permit will be used shall be
clearly defined and sufficiently restricted to allow proper
supervision of the permit's use by state and local law enforcement
officers. Sales under an F-9 permit shall be confined to the same
hours permitted to the holder of a D-3 permit.
(4) The fee for an F-9 permit is one thousand seven hundred
dollars. An F-9 permit is effective for a period not to exceed
nine months as specified in the permit. An F-9 permit is not
transferable or renewable. However, the holder of an F-9 permit
may apply for a new F-9 permit at any time. The holder of an F-9
permit shall make sales only at those specific events about which
the permit holder has notified in advance the division of liquor
control, the department of public safety, and the chief, sheriff,
or other principal peace officer of the local law enforcement
agencies having jurisdiction over the premises.
(B)(1) An application for the issuance of an F-9 permit is
subject to the notice and hearing requirements established in
division (A) of section 4303.26 of the Revised Code.
(2) The liquor control commission shall adopt rules under
Chapter 119. of the Revised Code necessary to administer this
section.
(C) No F-9 permit holder shall sell beer or intoxicating
liquor beyond the hours of sale allowed by the permit. This
division imposes strict liability on the holder of an F-9 permit
and on any officer, agent, or employee of that permit holder.
(D) Nothing in this section prohibits the division from
issuing an F-2 permit for a specific event not conducted by the
holder of an F-9 permit provided that the holder of the F-9 permit
certifies to the division that it will not exercise its permit
privileges during that specific event.
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, trade marketing
professional, or salesperson for a manufacturer, supplier, broker,
trade marketing company, 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.
A trade marketing professional may be registered for more
than one trade marketing company.
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.
As used in this section, "trade marketing company" and "trade
marketing professional" have the same meanings as in section
4301.171 of the Revised Code.
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. No permit,
other than an H permit, shall be issued to an individual who is
not a citizen of the United States. 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. However,
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 the 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 The municipal corporation or township shall submit
the acknowledgment at the time the application for the transfer is
filed with the division.
The 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 ninety 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.
Section 2. That existing sections 4301.10, 4301.17, 4301.62,
4303.02, 4303.041, 4303.181, 4303.184, 4303.25, and 4303.29 of the
Revised Code are hereby repealed.
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