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H. B. No. 26 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Gerberry, Pillich, Stinziano, Stautberg, McGregor, O'Brien, Hagan, Yuko
A BILL
To amend sections 4301.62 and 4303.29 and to enact
sections 4301.82 and 4303.235 of the Revised Code
to establish local entertainment districts in
municipal corporations or unincorporated areas of
counties of specified populations for the purpose
of the issuance of D-1, D-2, and D-5 liquor
permits under specified conditions and to create
the T-1 permit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.62 and 4303.29 be amended and
sections 4301.82 and 4303.235 of the Revised Code be enacted to
read as follows:
Sec. 4301.62. (A) As used in this section:
(1) "Chauffeured limousine" means a vehicle registered under
section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same
meanings as in section 4511.01 of the Revised Code.
(B) No person shall have in the person's possession an opened
container of beer or intoxicating liquor in any of the following
circumstances:
(1) In a state liquor store;
(2) Except as provided in division (C) of this section, on
the premises of the holder of any permit issued by the division of
liquor control;
(3) In any other public place;
(4) Except as provided in division (D) or (E) of this
section, while operating or being a passenger in or on a motor
vehicle on any street, highway, or other public or private
property open to the public for purposes of vehicular travel or
parking;
(5) Except as provided in division (D) or (E) of this
section, while being in or on a stationary motor vehicle on any
street, highway, or other public or private property open to the
public for purposes of vehicular travel or parking.
(C)(1) A person may have in the person's possession an opened
container of any of the following:
(a) Beer or intoxicating liquor that has been lawfully
purchased for consumption on the premises where bought from the
holder of an A-1-A, A-2, 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 or consumed on the premises of a T-1 permit holder as
provided in section 4303.235 of the Revised Code;
(d) Beer or intoxicating liquor to be consumed during
tastings and samplings approved by rule of the liquor control
commission.
(2) A person may have in the person's possession on an F
liquor permit premises an opened container of beer or intoxicating
liquor that was not purchased from the holder of the F permit if
the premises for which the F permit is issued is a music festival
and the holder of the F permit grants permission for that
possession on the premises during the period for which the F
permit is issued. As used in this division, "music festival" means
a series of outdoor live musical performances, extending for a
period of at least three consecutive days and located on an area
of land of at least forty acres.
(3)(a) A person may have in the person's possession on a D-2
liquor permit premises an opened or unopened container of wine
that was not purchased from the holder of the D-2 permit if the
premises for which the D-2 permit is issued is an outdoor
performing arts center, the person is attending an orchestral
performance, and the holder of the D-2 permit grants permission
for the possession and consumption of wine in certain
predesignated areas of the premises during the period for which
the D-2 permit is issued.
(b) As used in division (C)(3)(a) of this section:
(i) "Orchestral performance" means a concert comprised of a
group of not fewer than forty musicians playing various musical
instruments.
(ii) "Outdoor performing arts center" means an outdoor
performing arts center that is located on not less than eight
hundred acres of land and that is open for performances from the
first day of April to the last day of October of each year.
(4) A person may have in the person's possession an opened or
unopened container of beer or intoxicating liquor at an outdoor
location at which the person is attending an orchestral
performance as defined in division (C)(3)(b)(i) of this section if
the person with supervision and control over the performance
grants permission for the possession and consumption of beer or
intoxicating liquor in certain predesignated areas of that outdoor
location.
(D) This section does not apply to a person who pays all or a
portion of the fee imposed for the use of a chauffeured limousine
pursuant to a prearranged contract, or the guest of the person,
when all of the following apply:
(1) The person or guest is a passenger in the limousine.
(2) The person or guest is located in the limousine, but is
not occupying a seat in the front compartment of the limousine
where the operator of the limousine is located.
(3) The limousine is located on any street, highway, or other
public or private property open to the public for purposes of
vehicular travel or parking.
(E) An opened bottle of wine that was purchased from the
holder of a permit that authorizes the sale of wine for
consumption on the premises where sold is not an opened container
for the purposes of this section if both of the following apply:
(1) The opened bottle of wine is securely resealed by the
permit holder or an employee of the permit holder before the
bottle is removed from the premises. The bottle shall be secured
in such a manner that it is visibly apparent if the bottle has
been subsequently opened or tampered with.
(2) The opened bottle of wine that is resealed in accordance
with division (E)(1) of this section is stored in the trunk of a
motor vehicle or, if the motor vehicle does not have a trunk,
behind the last upright seat or in an area not normally occupied
by the driver or passengers and not easily accessible by the
driver.
Sec. 4301.82. (A) As used in this section:
(1) "Local entertainment district" means a bounded area that
includes or will include a combination of entertainment, retail,
educational, sporting, social, cultural, or arts establishments
within close proximity to some or all of the following types of
establishments within the district or other types of
establishments similar to these:
(c) Retail sales establishments;
(d) Enclosed shopping centers;
(f) Performing arts theaters;
(g) Motion picture theaters;
(i) Convention facilities;
(k) Entertainment facilities or complexes;
(l) Any combination of the establishments described in
divisions (A)(1)(a) to (k) of this section that provide similar
services to the community.
(2) "Municipal corporation" means a municipal corporation
with a population of less than one hundred thousand.
(3) "County" means a county with a population of more than
one hundred twenty-five thousand.
(B) Any owner of property located in a municipal corporation
seeking to have that property, or that property and other
surrounding property, designated as a local entertainment district
shall file an application seeking this designation with the mayor
of the municipal corporation in which that property is located.
Any owner of property located in the unincorporated area of a
county seeking to have that property, or that property and other
surrounding property, designated as a local entertainment district
shall file an application seeking this designation with the board
of county commissioners of the county in whose unincorporated area
that property is located. An application to designate an area as a
local entertainment district shall contain all of the following:
(1) The applicant's name and address;
(2) A map or survey of the proposed local entertainment
district in sufficient detail to identify the boundaries of the
district and the property owned by the applicant;
(3) A general statement of the nature and types of
establishments described in division (A) of this section that are
or will be located within the proposed local entertainment
district and any other establishments located in the proposed
local entertainment district that are not described in division
(A) of this section;
(4) If some or all of the establishments within the proposed
local entertainment district have not yet been developed, the
proposed time frame for completing the development of these
establishments;
(5) Evidence that the uses of land within the proposed local
entertainment district are in accord with the municipal
corporation's or county's master zoning plan or map;
(6) A handling and processing fee to accompany the
application, payable to the applicable municipal corporation or
county, in an amount determined by that municipal corporation or
county.
(C) An application relating to an area located in a municipal
corporation shall be addressed and submitted to the mayor of the
municipal corporation in which the area described in the
application is located. The mayor, within thirty days after
receiving the application, shall submit the application with the
mayor's recommendation to the legislative authority of the
municipal corporation. An application relating to an area located
in the unincorporated area of a county shall be addressed and
submitted to the board of county commissioners of the county in
whose unincorporated area the area described in the application is
located. The application is a public record for purposes of
section 149.43 of the Revised Code upon its receipt by the mayor
or board of county commissioners.
Within thirty days after it receives the application and the
mayor's recommendations relating to the application, the
legislative authority of the municipal corporation, by notice
published once a week for two consecutive weeks in at least one
newspaper of general circulation in the municipal corporation,
shall notify the public that the application is on file in the
office of the clerk of the municipal corporation and is available
for inspection by the public during regular business hours. Within
thirty days after it receives the application, the board of county
commissioners, by notice published once a week for two consecutive
weeks in at least one newspaper of general circulation in the
county, shall notify the public that the application is on file in
the office of the county auditor and is available for inspection
by the public during regular business hours. The notice shall also
indicate the date and time of any public hearing by the municipal
legislative authority or board of county commissioners on the
application.
Within seventy-five days after the date the application is
filed with the mayor of a municipal corporation, the legislative
authority of the municipal corporation by ordinance or resolution
shall approve or disapprove the application based on whether the
proposed local entertainment district does or will substantially
contribute to entertainment, retail, educational, sporting,
social, cultural, or arts opportunities for the community. The
community considered shall at a minimum include the municipal
corporation in which the community is located. Any approval of an
application shall be by an affirmative majority vote of the
legislative authority. Not more than one local entertainment
district shall be designated within the municipal corporation.
Within seventy-five days after the date the application is
filed with a board of county commissioners, the board by
resolution shall approve or disapprove the application based on
whether the proposed local entertainment district does or will
substantially contribute to entertainment, retail, educational,
sporting, social, cultural, or arts opportunities for the
community. The community considered shall at a minimum include at
least a portion of the county in which the community is located.
Any approval of an application shall be by an affirmative majority
vote of the board of county commissioners. Not more than one local
entertainment district shall be designated within the
unincorporated area of the county.
If the municipal legislative authority or board of county
commissioners disapproves the application, the applicant may make
changes in the application to secure its approval by the
legislative authority or board of county commissioners. Any area
approved by the legislative authority or board of county
commissioners constitutes a local entertainment district.
(D) All or part of an area designated as a local
entertainment district may lose this designation as provided in
this division. The legislative authority of a municipal
corporation in which a local entertainment district is located, or
the board of county commissioners of the county in whose
unincorporated area a local entertainment district is located,
after giving notice of its proposed action by publication once a
week for two consecutive weeks in at least one newspaper of
general circulation in the municipal corporation or county, may
determine by ordinance or resolution in the case of the
legislative authority of a municipal corporation, or by resolution
in the case of the board of county commissioners of a county, that
all or part of the area fails to meet the standards described in
this section for designation of an area as a local entertainment
district. If the legislative authority or board so determines, the
area designated in the ordinance or resolution no longer
constitutes a local entertainment district.
Sec. 4303.235. (A) As used in this section:
(1) "College or university" means a state institution of
higher education as defined in section 3345.011 of the Revised
Code, or a private institution of higher education, with an FTE
(full-time equivalent) student enrollment of less than fifteen
thousand.
(2) "Professional athletic team" means a professional
baseball, basketball, football, hockey, or soccer team that owns
or leases a stadium or arena that has a seating capacity of at
least four thousand.
(B) A T-1 permit may be issued to any college or university
or to any professional athletic team to authorize the college or
university or professional athletic team to allow its guests to
bring beer and intoxicating liquor in its original package, flask,
or other container into an area on property that the college or
university or professional athletic team owns or leases, for
consumption in that area, if both of the following apply:
(1) A fence or similar barrier encloses the area.
(2) Security personnel are stationed at each exit from the
area to prevent any person from leaving with an opened flask or
other container of beer or intoxicating liquor.
(C) The division of liquor control shall specify on each T-1
permit the effective period of the permit, which shall not exceed
three days. The fee for the T-1 permit is fifty dollars. The
division shall prepare and make available application forms for
the T-1 permit and may require applicants to furnish the
information that the division determines is necessary for the
administration of this section.
(D) No holder of a T-1 permit shall provide or sell beer or
intoxicating liquor by the drink or in its original package,
flask, or other container in connection with the use of an area
under the T-1 permit.
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 the
transfer of location or transfer of ownership and location of the
permit may occur only if the applicant notifies the municipal
corporation or township to which the location of the permit will
be transferred regarding the transfer and that municipal
corporation or township acknowledges in writing to the division of
liquor control, at the time the application for the transfer of
location or transfer of ownership and location of the permit is
filed, that the transfer will be to an economic development
project. This acknowledgment by the municipal corporation or
township does not prohibit it from requesting a hearing under
section 4303.26 of the Revised Code. The applicant is eligible to
apply for and receive the transfer of location of the permit under
division (B)(2)(b) of this section if all permits of that class
that may be issued under division (B)(2)(a) of this section in the
applicable municipal corporation or unincorporated area of the
township have already been issued or if the number of applications
filed for permits of that class in that municipal corporation or
the unincorporated area of that township exceed the number of
permits of that class that may be issued there under division
(B)(2)(a) of this section.
A permit transferred under division (B)(2)(b) of this section
may be subsequently transferred to a different owner at the same
location, or to the same owner or a different owner at a different
location in the same municipal corporation or in the
unincorporated area of the same township, as long as the same or
new location meets the economic development project criteria set
forth in this section.
(ii) Factors that shall be used to determine the designation
of an economic development project include, but are not limited
to, architectural certification of the plans and the cost of the
project, the number of jobs that will be created by the project,
projected earnings of the project, projected tax revenues for the
political subdivisions in which the project will be located, and
the amount of financial investment in the project. The
superintendent of liquor control shall determine whether the
existing or proposed business that is seeking a permit described
in division (B)(2)(b) of this section qualifies as an economic
development project and, if the superintendent determines that it
so qualifies, shall designate the business as an economic
development project.
(3) Nothing in this section shall be construed to restrict
the issuance of a permit to a municipal corporation for use at a
municipally owned airport at which commercial airline companies
operate regularly scheduled flights on which space is available to
the public. A municipal corporation applying for a permit for such
a municipally owned airport is exempt, in regard to that
application, from the population restrictions contained in this
section and from population quota restrictions contained in any
rule of the liquor control commission. A municipal corporation
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a
municipally owned airport is subject to section 4303.31 of the
Revised Code.
(4) Nothing in this section shall be construed to prohibit
the issuance of a D permit to the board of trustees of a soldiers'
memorial for a premises located at a soldiers' memorial
established pursuant to Chapter 345. of the Revised Code. An
application for a D permit by the board for those premises is
exempt from the population restrictions contained in this section
and from the population quota restrictions contained in any rule
of the liquor control commission. The location of a D permit
issued to the board for those premises shall not be transferred. A
board of trustees of a soldiers' memorial applying for a D-1, D-2,
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to
section 4303.31 of the Revised Code.
(5) Nothing in this section shall be construed to restrict
the issuance of a permit for a premises located at a golf course
owned by a municipal corporation, township, or county, owned by a
park district created under Chapter 1545. of the Revised Code, or
owned by the state. The location of such a permit issued on or
after September 26, 1984, for a premises located at such a golf
course shall not be transferred. Any application for such a permit
is exempt from the population quota restrictions contained in this
section and from the population quota restrictions contained in
any rule of the liquor control commission. A municipal
corporation, township, county, park district, or state agency
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf
course is subject to section 4303.31 of the Revised Code.
(6) As used in division (B)(6) of this section, "fair" has
the same meaning as in section 991.01 of the Revised Code; "state
fairgrounds" means the property that is held by the state for the
purpose of conducting fairs, expositions, and exhibits and that is
maintained and managed by the Ohio expositions commission under
section 991.03 of the Revised Code; "capitol square" has the same
meaning as in section 105.41 of the Revised Code; and "Ohio
judicial center" means the site of the Ohio supreme court and its
grounds.
Nothing in this section shall be construed to restrict the
issuance of one or more D permits to one or more applicants for
all or a part of the state fairgrounds, capitol square, or the
Ohio judicial center. An application for a D permit for the state
fairgrounds, capitol square, or the Ohio judicial center is exempt
from the population quota restrictions contained in this section
and from the population quota restrictions contained in any rule
of the liquor control commission. The location of a D permit
issued for the state fairgrounds, capitol square, or the Ohio
judicial center shall not be transferred. An applicant for a D-1,
D-2, D-3, or D-5 permit for the state fairgrounds is not subject
to section 4303.31 of the Revised Code.
Pursuant to section 1711.09 of the Revised Code, the holder
of a D permit issued for the state fairgrounds shall not deal in
spirituous liquor at the state fairgrounds during, or for one week
before or for three days after, any fair held at the state
fairgrounds.
(7) Nothing in this section shall be construed to prohibit
the issuance of a D permit for a premises located at a zoological
park at which sales have been approved in an election held under
former section 4301.356 of the Revised Code. An application for a
D permit for such a premises is exempt from the population
restrictions contained in this section, from the population quota
restrictions contained in any rule of the liquor control
commission, and from section 4303.31 of the Revised Code. The
location of a D permit issued for a premises at such a zoological
park shall not be transferred, and no quota or other restrictions
shall be placed on the number of D permits that may be issued for
a premises at such a zoological park.
(8) As used in division (B)(8) of this section, "local
entertainment district" has the same meaning as in section 4301.82
of the Revised Code.
Nothing in this section shall be construed to prohibit the
issuance of a D-1, D-2, or D-5 permit for a premises located in a
local entertainment district, provided that all of the following
apply:
(a) The applicant for the permit is the owner or operator of
a retail food establishment or a food service operation licensed
under Chapter 3717. of the Revised Code.
(b) The applicant for the permit has not been issued a D-1,
D-2, or D-5 permit in the six months prior to filing the
application for a D-1, D-2, or D-5 permit for a premises located
in a local entertainment district.
(c) The premises for which a permit is proposed to be issued
has gross annual receipts from the sale of food and meals for
consumption on the premises that constitute not less than
seventy-five per cent of its total gross annual receipts.
An application for a D-1, D-2, or D-5 permit for a premises
located in a local entertainment district is exempt from the
population restrictions established in this section, from the
population quota restrictions established in any rule of the
liquor control commission, and from section 4303.31 of the Revised
Code. Such a D-1, D-2, or D-5 permit shall not be transferred out
of the local entertainment district. Not more than one D-1, D-2,
or D-5 permit shall be issued within a local entertainment
district for each five acres of land located within the district.
Not more than ten D-1, D-2, or D-5 permits, or any combination of
those permits, may be issued within a single local entertainment
district.
(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 4301.62 and 4303.29 of the
Revised Code are hereby repealed.
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