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S. B. No. 116 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Brown, Seitz
A BILL
To amend section 4301.62 and to enact section 4301.82
of the Revised Code to allow municipal
corporations with a population of more than 50,000
to create municipal entertainment districts and to
exempt persons within such districts from the open
container law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4301.62 be amended and section
4301.82 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) Except as provided in division (C)(1)(e) of this section,
in an agency 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 Except as provided in division (C)(6) of this section,
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;
(d) Beer or intoxicating liquor to be consumed during
tastings and samplings approved by rule of the liquor control
commission;
(e) Spirituous liquor to be consumed for purposes of a
tasting sample, as defined in section 4301.171 of the Revised
Code.
(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 one
hundred fifty 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.
(5) A person may have in the person's possession on an F-9
liquor permit premises an opened or unopened container of beer or
intoxicating liquor that was not purchased from the holder of the
F-9 permit if the person is attending an orchestral performance
and the holder of the F-9 permit grants permission for the
possession and consumption of beer or intoxicating liquor in
certain predesignated areas of the premises during the period for
which the F-9 permit is issued.
As used in division (C)(5) of this section, "orchestral
performance" has the same meaning as in division (C)(3)(b) of this
section.
(6) A person may have in the person's possession an open
container of beer or intoxicating liquor that was purchased from
the holder of an A-2 or D permit with a municipal entertainment
district designation at an outdoor location within the applicable
municipal entertainment district. However, no person shall enter
the premises of an establishment within the municipal
entertainment district while possessing an open container of beer
or intoxicating liquor acquired elsewhere.
(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)(1) As used in this section, "municipal
entertainment district" means a bounded area, which may be
irregularly shaped, that does not exceed one-half mile by one-half
mile and that includes not fewer than a total of four A-2 or D
permit holders.
(2) "Municipal corporation" means a municipal corporation
with a population of more than fifty thousand people.
(B) A person who is an owner or operator of any establishment
located in a municipal corporation who holds an A-2 or D permit
may seek to have the property on which the establishment is
located, or that property and other surrounding property located
in the municipal corporation, designated as a municipal
entertainment district. Such a person shall file an application
seeking this designation with the mayor of the municipal
corporation in which that property is located. An application to
designate an area as a municipal entertainment district shall
contain all of the following:
(1) The applicant's name and address and the name and address
of the establishment;
(2) A map or survey of the proposed municipal 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 that are or will be located within the proposed
municipal entertainment district;
(4) Evidence that the uses of land within the proposed
municipal entertainment district are in accord with the municipal
corporation's master zoning plan or map;
(5) A handling and processing fee to accompany the
application, payable to the applicable municipal corporation, in
an amount to be determined by that municipal corporation.
(C) An application described in division (B) of this section
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.
Within thirty days after it receives the application and the
mayor's recommendation relating to the application, the
legislative authority of the municipal corporation, by notice
published once a week for two consecutive weeks in one newspaper
of general circulation in the municipal corporation or as provided
in section 7.16 of the Revised Code, 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. The notice also shall
indicate the date and time of any public hearing on the
application by the legislative authority.
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 shall approve or disapprove
the application by either ordinance or resolution. Any approval of
an application shall be by an affirmative majority vote of the
legislative authority, and any area approved by the legislative
authority constitutes a municipal entertainment district. If the
legislative authority disapproves the application, the applicant
may make changes in the application to secure its approval by the
legislative authority.
(D) The number of municipal entertainment districts that may
be created within a municipal corporation shall be limited as
follows:
(1) Not more than three municipal entertainment districts
shall be created in a municipal corporation with a population of
three hundred thousand or more.
(2) Not more than two municipal entertainment districts shall
be created in a municipal corporation with a population of more
than one hundred fifty thousand but less than three hundred
thousand.
(3) Not more than one municipal entertainment district shall
be created in a municipal corporation with a population of more
than fifty thousand but less than or equal to one hundred fifty
thousand.
For purposes of this section, the population of a municipal
corporation shall be the population shown by the most recent
regular federal census.
(E) After a municipal entertainment district has been
approved, the division of liquor control, for purposes of section
4301.62 of the Revised Code, may issue a municipal entertainment
district designation to any A-2 or D permit holder located within
the entertainment district that is in compliance with all
applicable requirements under Chapters 4301. and 4303. of the
Revised Code. Any permit holder that receives a municipal
entertainment district designation shall comply with all laws,
rules, and regulations, which govern its license type.
(F) All or part of an area designated as a municipal
entertainment district may lose this designation as provided in
this division. The legislative authority of a municipal
corporation in which a municipal entertainment district is
located, after giving notice of its proposed action by publication
once a week for two consecutive weeks in one newspaper of general
circulation in the municipal corporation or as provided in section
7.16 of the Revised Code, may determine by ordinance or resolution
that all or a part of the municipal entertainment district shall
be dissolved. If the legislative authority so determines, the area
designated in the ordinance or resolution no longer constitutes a
municipal entertainment district and the division of liquor
control shall revoke all municipal entertainment designations
issued to A-2 or D permit holders in the dissolved district or
portion of the district.
Section 2. That existing section 4301.62 of the Revised Code
is hereby repealed.
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