S.B. 102

127th General Assembly

(As Introduced)

Sen. Schuler

BILL SUMMARY

· Creates an F-8 liquor permit, and authorizes the permit to be issued annually to certain nonprofit organizations to allow the sale of beer and intoxicating liquor at specific events that occur throughout the year on public spaces that the organizations manage.

CONTENT AND OPERATION

The bill authorizes the Division of Liquor Control to issue an F-8 liquor permit to a not-for-profit organization that manages, for the benefit of the public and by contract with a political subdivision of Ohio, publicly owned property to sell beer or intoxicating liquor by the individual drink at specific events conducted on the public space and contiguous public space that the organization manages.[1] The premises on which an F-8 permit will be used must be clearly defined and sufficiently restricted to allow proper supervision of the permit's use by state and local law enforcement officers. (Sec. 4303.208(A)(1) and (2).)

The bill requires sales under an F-8 liquor permit to be confined to the same hours that are permitted to the holder of a D-3 liquor permit, which allows retail sales until one a.m. (sec. 4303.208(A)(2)). The bill prohibits any F-8 liquor permit holder from selling beer or intoxicating liquor beyond the hours of sale allowed by the permit. The bill imposes strict liability on the holder of an F-8 liquor permit and on any officer, agent, or employee of that permit holder. (Sec. 4303.208(C).) A person who violates the prohibition is guilty of a misdemeanor of the fourth degree (sec. 4303.99(D)).

The fee for the issuance of an F-8 liquor permit is $1,000. An F-8 liquor permit is effective for one year. The holder of an F-8 liquor permit must make sales only at those specific events about which the permit holder has notified the Division in advance. (Sec. 4303.208(A)(3).)

The Liquor Control Commission must adopt rules under the Administrative Procedure Act that are necessary to administer the bill's provisions governing the issuance of F-8 liquor permits (sec. 4303.208(B)).

HISTORY

ACTION	DATE
Introduced	03-08-07

S0102-I-127.doc/jc

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[1] Intoxicating liquor is wine, mixed beverages, and spirituous liquor. "Spirituous liquor" is defined to include all intoxicating liquors containing more than 21% of alcohol by volume (sec. 4301.01(B)(5), not in the bill).