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Am. H. B. No. 243 As Reported by the House State Government and Elections CommitteeAs Reported by the House State Government and Elections Committee
|129th General Assembly|
Representatives Kozlowski, Young
Representatives Huffman, Beck, Thompson, Ramos, Maag, Hall, Mecklenborg, Dovilla, Fedor, Letson
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
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
(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
(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.