The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 491 As Reported by the Senate Insurance, Commerce and Labor CommitteeAs Reported by the Senate Insurance, Commerce and Labor Committee
129th General Assembly | Regular Session | 2011-2012 |
| |
Representatives Young, Kozlowski
Cosponsors:
Representatives Uecker, Yuko, Antonio, Ramos, Adams, J., Adams, R., Anielski, Baker, Barnes, Boose, Boyd, Brenner, Bubp, Buchy, Carney, Celebrezze, Damschroder, DeVitis, Dovilla, Driehaus, Duffey, Fedor, Foley, Garland, Gerberry, Goodwin, Grossman, Hall, Hottinger, Lundy, Lynch, Maag, Martin, McClain, Milkovich, Murray, O'Brien, Patmon, Phillips, Reece, Roegner, Ruhl, Slaby, M., Slesnick, Stebelton, Stinziano, Wachtmann, Williams, Winburn
Senators Beagle, Hughes, Schaffer, Cafaro, Brown, Bacon
A BILL
To amend section 4301.17 and to enact section 5.2282
of the Revised Code to designate June as "Ohio
Wines Month" and to allow certain agency liquor
stores to sell beer, wine, or mixed beverages for
on- and off-premises consumption.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4301.17 be amended and section 5.2282
of the Revised Code be enacted to read as follows:
Sec. 5.2282. The month of June is designated as "Ohio Wines
Month."
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 an agency store shall not sell spirituous
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 sell beer, an agency to which a D-2 permit has
been issued may offer for sale tasting samples of sell wine and
mixed beverages, and an agency to which a D-5 permit has been
issued may offer for sale tasting samples of sell beer, wine, and
mixed beverages. 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 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 of beer, wine, or
mixed beverages shall not be permitted in the area of the agency
store in which spirituous liquor is sold.
(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.
Section 2. That existing section 4301.17 of the Revised Code
is hereby repealed.
|