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Sub. S. B. No. 298 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Brown, Seitz, Kearney, Beagle, Hughes, Hite, Turner, Bacon, Balderson, Burke, Gentile, Lehner, Oelslager, Patton, Sawyer, Schaffer, Schiavoni, Smith, Tavares, Wagoner
A BILL
To amend section 4303.181 of the Revised Code to
alter the conditions under which a D-51 liquor
permit may be issued.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4303.181 of the Revised Code be
amended to read as follows:
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 two-thirty 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) 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.
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:
(1) It is located in a municipal corporation with a
population of at least one hundred thousand.
(2) It is located in a municipal corporation with a
population of at least twenty thousand, and either of the
following applies:
(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.
(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.
(3) It is located in a township with a population of at least
forty thousand.
(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.
(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.
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.
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.
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 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
to which all of the following apply:
(a) The premises 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.
(b) The premises is located within a revitalization district
that is designated under section 4301.81 of the Revised Code,
that.
(c) The premises 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.
(d) The premises meets either of the following
qualifications:
(i) It 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.
(ii) It is located in the municipal corporation that has the
largest population in a county when the county has a population
between two hundred fifteen thousand and two hundred twenty-five
thousand according to the population estimates certified by the
department for calendar year 2006. Division (L)(2)(b) of this
section applies only to a municipal corporation that is wholly
located in a county.
(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 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.
Section 2. That existing section 4303.181 of the Revised
Code is hereby repealed.
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