130th Ohio General Assembly
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Am. H. B. No. 243  As Reported by the House State Government and Elections Committee
As Reported by the House State Government and Elections Committee

129th General Assembly
Regular Session
2011-2012
Am. H. B. No. 243


Representatives Kozlowski, Young 

Cosponsors: Representatives Huffman, Beck, Thompson, Ramos, Maag, Hall, Mecklenborg, Dovilla, Fedor, Letson 



A BILL
To amend section 4303.041 of the Revised Code to eliminate the restriction on the number of A-3a liquor permits that may be issued per county and to specify that new A-3a permits issued after the act's effective date are subject to local option election.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4303.041 of the Revised Code be amended to read as follows:
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 new A-3a permit shall be issued unless a local option election held pursuant to sections 4301.32 to 4301.41 of the Revised Code has permitted the sale of beer and intoxicating liquor in the 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 section.
(C) (1) An A-3a permit holder may offer not more than four servings of not more than a quarter ounce of spirituous liquor as tasting samples. The tasting samples shall be offered 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 barrel.
(E) The holder of an A-3a permit may also exercise the same privileges as the holder of an A-3 permit.
Section 2. That existing section 4303.041 of the Revised Code is hereby repealed.
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