Bill Text: OH SB298 | 2011-2012 | 129th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To alter the conditions under which a D-51 liquor permit may be issued, to make changes to the law governing the issuance of F-2 liquor permits, and to allow an F-2 liquor permit to be issued for the same location that an F-8 liquor permit is issued provided that certain criteria apply.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-03-22 - Effective Date [SB298 Detail]
Download: Ohio-2011-SB298-Engrossed.html
As Passed by the Senate
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To alter the conditions under which a D-51 liquor permit may be issued, to make changes to the law governing the issuance of F-2 liquor permits, and to allow an F-2 liquor permit to be issued for the same location that an F-8 liquor permit is issued provided that certain criteria apply.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-03-22 - Effective Date [SB298 Detail]
Download: Ohio-2011-SB298-Engrossed.html
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Senator Cafaro
Cosponsors:
Senators Brown, Seitz, Kearney, Beagle, Hughes, Hite, Turner, Bacon, Balderson, Burke, Gentile, Lehner, Oelslager, Patton, Sawyer, Schaffer, Schiavoni, Smith, Tavares, Wagoner
To amend section 4303.181 of the Revised Code to | 1 |
alter the conditions under which a D-51 liquor | 2 |
permit may be issued. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4303.181 of the Revised Code be | 4 |
amended to read as follows: | 5 |
Sec. 4303.181. (A) Permit D-5a may be issued either to the | 6 |
owner or operator of a hotel or motel that is required to be | 7 |
licensed under section 3731.03 of the Revised Code, that contains | 8 |
at least fifty rooms for registered transient guests or is owned | 9 |
by a state institution of higher education as defined in section | 10 |
3345.011 of the Revised Code or a private college or university, | 11 |
and that qualifies under the other requirements of this section, | 12 |
or to the owner or operator of a restaurant specified under this | 13 |
section, to sell beer and any intoxicating liquor at retail, only | 14 |
by the individual drink in glass and from the container, for | 15 |
consumption on the premises where sold, and to registered guests | 16 |
in their rooms, which may be sold by means of a controlled access | 17 |
alcohol and beverage cabinet in accordance with division (B) of | 18 |
section 4301.21 of the Revised Code; and to sell the same products | 19 |
in the same manner and amounts not for consumption on the premises | 20 |
as may be sold by holders of D-1 and D-2 permits. The premises of | 21 |
the hotel or motel shall include a retail food establishment or a | 22 |
food service operation licensed pursuant to Chapter 3717. of the | 23 |
Revised Code that operates as a restaurant for purposes of this | 24 |
chapter and that is affiliated with the hotel or motel and within | 25 |
or contiguous to the hotel or motel, and that serves food within | 26 |
the hotel or motel, but the principal business of the owner or | 27 |
operator of the hotel or motel shall be the accommodation of | 28 |
transient guests. In addition to the privileges authorized in this | 29 |
division, the holder of a D-5a permit may exercise the same | 30 |
privileges as the holder of a D-5 permit. | 31 |
The owner or operator of a hotel, motel, or restaurant who | 32 |
qualified for and held a D-5a permit on August 4, 1976, may, if | 33 |
the owner or operator held another permit before holding a D-5a | 34 |
permit, either retain a D-5a permit or apply for the permit | 35 |
formerly held, and the division of liquor control shall issue the | 36 |
permit for which the owner or operator applies and formerly held, | 37 |
notwithstanding any quota. | 38 |
A D-5a permit shall not be transferred to another location. | 39 |
No quota restriction shall be placed on the number of D-5a permits | 40 |
that may be issued. | 41 |
The fee for this permit is two thousand three hundred | 42 |
forty-four dollars. | 43 |
(B) Permit D-5b may be issued to the owner, operator, tenant, | 44 |
lessee, or occupant of an enclosed shopping center to sell beer | 45 |
and intoxicating liquor at retail, only by the individual drink in | 46 |
glass and from the container, for consumption on the premises | 47 |
where sold; and to sell the same products in the same manner and | 48 |
amount not for consumption on the premises as may be sold by | 49 |
holders of D-1 and D-2 permits. In addition to the privileges | 50 |
authorized in this division, the holder of a D-5b permit may | 51 |
exercise the same privileges as a holder of a D-5 permit. | 52 |
A D-5b permit shall not be transferred to another location. | 53 |
One D-5b permit may be issued at an enclosed shopping center | 54 |
containing at least two hundred twenty-five thousand, but less | 55 |
than four hundred thousand, square feet of floor area. | 56 |
Two D-5b permits may be issued at an enclosed shopping center | 57 |
containing at least four hundred thousand square feet of floor | 58 |
area. No more than one D-5b permit may be issued at an enclosed | 59 |
shopping center for each additional two hundred thousand square | 60 |
feet of floor area or fraction of that floor area, up to a maximum | 61 |
of five D-5b permits for each enclosed shopping center. The number | 62 |
of D-5b permits that may be issued at an enclosed shopping center | 63 |
shall be determined by subtracting the number of D-3 and D-5 | 64 |
permits issued in the enclosed shopping center from the number of | 65 |
D-5b permits that otherwise may be issued at the enclosed shopping | 66 |
center under the formulas provided in this division. Except as | 67 |
provided in this section, no quota shall be placed on the number | 68 |
of D-5b permits that may be issued. Notwithstanding any quota | 69 |
provided in this section, the holder of any D-5b permit first | 70 |
issued in accordance with this section is entitled to its renewal | 71 |
in accordance with section 4303.271 of the Revised Code. | 72 |
The holder of a D-5b permit issued before April 4, 1984, | 73 |
whose tenancy is terminated for a cause other than nonpayment of | 74 |
rent, may return the D-5b permit to the division of liquor | 75 |
control, and the division shall cancel that permit. Upon | 76 |
cancellation of that permit and upon the permit holder's payment | 77 |
of taxes, contributions, premiums, assessments, and other debts | 78 |
owing or accrued upon the date of cancellation to this state and | 79 |
its political subdivisions and a filing with the division of a | 80 |
certification of that payment, the division shall issue to that | 81 |
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as | 82 |
that person requests. The division shall issue the D-5 permit, or | 83 |
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2, | 84 |
D-3, or D-5 permits currently issued in the municipal corporation | 85 |
or in the unincorporated area of the township where that person's | 86 |
proposed premises is located equals or exceeds the maximum number | 87 |
of such permits that can be issued in that municipal corporation | 88 |
or in the unincorporated area of that township under the | 89 |
population quota restrictions contained in section 4303.29 of the | 90 |
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not | 91 |
be transferred to another location. If a D-5b permit is canceled | 92 |
under the provisions of this paragraph, the number of D-5b permits | 93 |
that may be issued at the enclosed shopping center for which the | 94 |
D-5b permit was issued, under the formula provided in this | 95 |
division, shall be reduced by one if the enclosed shopping center | 96 |
was entitled to more than one D-5b permit under the formula. | 97 |
The fee for this permit is two thousand three hundred | 98 |
forty-four dollars. | 99 |
(C) Permit D-5c may be issued to the owner or operator of a | 100 |
retail food establishment or a food service operation licensed | 101 |
pursuant to Chapter 3717. of the Revised Code that operates as a | 102 |
restaurant for purposes of this chapter and that qualifies under | 103 |
the other requirements of this section to sell beer and any | 104 |
intoxicating liquor at retail, only by the individual drink in | 105 |
glass and from the container, for consumption on the premises | 106 |
where sold, and to sell the same products in the same manner and | 107 |
amounts not for consumption on the premises as may be sold by | 108 |
holders of D-1 and D-2 permits. In addition to the privileges | 109 |
authorized in this division, the holder of a D-5c permit may | 110 |
exercise the same privileges as the holder of a D-5 permit. | 111 |
To qualify for a D-5c permit, the owner or operator of a | 112 |
retail food establishment or a food service operation licensed | 113 |
pursuant to Chapter 3717. of the Revised Code that operates as a | 114 |
restaurant for purposes of this chapter, shall have operated the | 115 |
restaurant at the proposed premises for not less than twenty-four | 116 |
consecutive months immediately preceding the filing of the | 117 |
application for the permit, have applied for a D-5 permit no later | 118 |
than December 31, 1988, and appear on the division's quota waiting | 119 |
list for not less than six months immediately preceding the filing | 120 |
of the application for the permit. In addition to these | 121 |
requirements, the proposed D-5c permit premises shall be located | 122 |
within a municipal corporation and further within an election | 123 |
precinct that, at the time of the application, has no more than | 124 |
twenty-five per cent of its total land area zoned for residential | 125 |
use. | 126 |
A D-5c permit shall not be transferred to another location. | 127 |
No quota restriction shall be placed on the number of such permits | 128 |
that may be issued. | 129 |
Any person who has held a D-5c permit for at least two years | 130 |
may apply for a D-5 permit, and the division of liquor control | 131 |
shall issue the D-5 permit notwithstanding the quota restrictions | 132 |
contained in section 4303.29 of the Revised Code or in any rule of | 133 |
the liquor control commission. | 134 |
The fee for this permit is one thousand five hundred | 135 |
sixty-three dollars. | 136 |
(D) Permit D-5d may be issued to the owner or operator of a | 137 |
retail food establishment or a food service operation licensed | 138 |
pursuant to Chapter 3717. of the Revised Code that operates as a | 139 |
restaurant for purposes of this chapter and that is located at an | 140 |
airport operated by a board of county commissioners pursuant to | 141 |
section 307.20 of the Revised Code, at an airport operated by a | 142 |
port authority pursuant to Chapter 4582. of the Revised Code, or | 143 |
at an airport operated by a regional airport authority pursuant to | 144 |
Chapter 308. of the Revised Code. The holder of a D-5d permit may | 145 |
sell beer and any intoxicating liquor at retail, only by the | 146 |
individual drink in glass and from the container, for consumption | 147 |
on the premises where sold, and may sell the same products in the | 148 |
same manner and amounts not for consumption on the premises where | 149 |
sold as may be sold by the holders of D-1 and D-2 permits. In | 150 |
addition to the privileges authorized in this division, the holder | 151 |
of a D-5d permit may exercise the same privileges as the holder of | 152 |
a D-5 permit. | 153 |
A D-5d permit shall not be transferred to another location. | 154 |
No quota restrictions shall be placed on the number of such | 155 |
permits that may be issued. | 156 |
The fee for this permit is two thousand three hundred | 157 |
forty-four dollars. | 158 |
(E) Permit D-5e may be issued to any nonprofit organization | 159 |
that is exempt from federal income taxation under the "Internal | 160 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as | 161 |
amended, or that is a charitable organization under any chapter of | 162 |
the Revised Code, and that owns or operates a riverboat that meets | 163 |
all of the following: | 164 |
(1) Is permanently docked at one location; | 165 |
(2) Is designated as an historical riverboat by the Ohio | 166 |
historical society; | 167 |
(3) Contains not less than fifteen hundred square feet of | 168 |
floor area; | 169 |
(4) Has a seating capacity of fifty or more persons. | 170 |
The holder of a D-5e permit may sell beer and intoxicating | 171 |
liquor at retail, only by the individual drink in glass and from | 172 |
the container, for consumption on the premises where sold. | 173 |
A D-5e permit shall not be transferred to another location. | 174 |
No quota restriction shall be placed on the number of such permits | 175 |
that may be issued. The population quota restrictions contained in | 176 |
section 4303.29 of the Revised Code or in any rule of the liquor | 177 |
control commission shall not apply to this division, and the | 178 |
division shall issue a D-5e permit to any applicant who meets the | 179 |
requirements of this division. However, the division shall not | 180 |
issue a D-5e permit if the permit premises or proposed permit | 181 |
premises are located within an area in which the sale of | 182 |
spirituous liquor by the glass is prohibited. | 183 |
The fee for this permit is one thousand two hundred nineteen | 184 |
dollars. | 185 |
(F) Permit D-5f may be issued to the owner or operator of a | 186 |
retail food establishment or a food service operation licensed | 187 |
under Chapter 3717. of the Revised Code that operates as a | 188 |
restaurant for purposes of this chapter and that meets all of the | 189 |
following: | 190 |
(1) It contains not less than twenty-five hundred square feet | 191 |
of floor area. | 192 |
(2) It is located on or in, or immediately adjacent to, the | 193 |
shoreline of, a navigable river. | 194 |
(3) It provides docking space for twenty-five boats. | 195 |
(4) It provides entertainment and recreation, provided that | 196 |
not less than fifty per cent of the business on the permit | 197 |
premises shall be preparing and serving meals for a consideration. | 198 |
In addition, each application for a D-5f permit shall be | 199 |
accompanied by a certification from the local legislative | 200 |
authority that the issuance of the D-5f permit is not inconsistent | 201 |
with that political subdivision's comprehensive development plan | 202 |
or other economic development goal as officially established by | 203 |
the local legislative authority. | 204 |
The holder of a D-5f permit may sell beer and intoxicating | 205 |
liquor at retail, only by the individual drink in glass and from | 206 |
the container, for consumption on the premises where sold. | 207 |
A D-5f permit shall not be transferred to another location. | 208 |
The division of liquor control shall not issue a D-5f permit | 209 |
if the permit premises or proposed permit premises are located | 210 |
within an area in which the sale of spirituous liquor by the glass | 211 |
is prohibited. | 212 |
A fee for this permit is two thousand three hundred | 213 |
forty-four dollars. | 214 |
As used in this division, "navigable river" means a river | 215 |
that is also a "navigable water" as defined in the "Federal Power | 216 |
Act," 94 Stat. 770 (1980), 16 U.S.C. 796. | 217 |
(G) Permit D-5g may be issued to a nonprofit corporation that | 218 |
is either the owner or the operator of a national professional | 219 |
sports museum. The holder of a D-5g permit may sell beer and any | 220 |
intoxicating liquor at retail, only by the individual drink in | 221 |
glass and from the container, for consumption on the premises | 222 |
where sold. The holder of a D-5g permit shall sell no beer or | 223 |
intoxicating liquor for consumption on the premises where sold | 224 |
after two-thirty a.m. A D-5g permit shall not be transferred to | 225 |
another location. No quota restrictions shall be placed on the | 226 |
number of D-5g permits that may be issued. The fee for this permit | 227 |
is one thousand eight hundred seventy-five dollars. | 228 |
(H)(1) Permit D-5h may be issued to any nonprofit | 229 |
organization that is exempt from federal income taxation under the | 230 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 231 |
501(c)(3), as amended, that owns or operates any of the following: | 232 |
(a) A fine arts museum, provided that the nonprofit | 233 |
organization has no less than one thousand five hundred bona fide | 234 |
members possessing full membership privileges; | 235 |
(b) A community arts center. As used in division (H)(1)(b) of | 236 |
this section, "community arts center" means a facility that | 237 |
provides arts programming to the community in more than one arts | 238 |
discipline, including, but not limited to, exhibits of works of | 239 |
art and performances by both professional and amateur artists. | 240 |
(c) A community theater, provided that the nonprofit | 241 |
organization is a member of the Ohio arts council and the American | 242 |
community theatre association and has been in existence for not | 243 |
less than ten years. As used in division (H)(1)(c) of this | 244 |
section, "community theater" means a facility that contains at | 245 |
least one hundred fifty seats and has a primary function of | 246 |
presenting live theatrical performances and providing recreational | 247 |
opportunities to the community. | 248 |
(2) The holder of a D-5h permit may sell beer and any | 249 |
intoxicating liquor at retail, only by the individual drink in | 250 |
glass and from the container, for consumption on the premises | 251 |
where sold. The holder of a D-5h permit shall sell no beer or | 252 |
intoxicating liquor for consumption on the premises where sold | 253 |
after one a.m. A D-5h permit shall not be transferred to another | 254 |
location. No quota restrictions shall be placed on the number of | 255 |
D-5h permits that may be issued. | 256 |
(3) The fee for a D-5h permit is one thousand eight hundred | 257 |
seventy-five dollars. | 258 |
(I) Permit D-5i may be issued to the owner or operator of a | 259 |
retail food establishment or a food service operation licensed | 260 |
under Chapter 3717. of the Revised Code that operates as a | 261 |
restaurant for purposes of this chapter and that meets all of the | 262 |
following requirements: | 263 |
(1) It is located in a municipal corporation or a township | 264 |
with a population of one hundred thousand or less. | 265 |
(2) It has inside seating capacity for at least one hundred | 266 |
forty persons. | 267 |
(3) It has at least four thousand square feet of floor area. | 268 |
(4) It offers full-course meals, appetizers, and sandwiches. | 269 |
(5) Its receipts from beer and liquor sales, excluding wine | 270 |
sales, do not exceed twenty-five per cent of its total gross | 271 |
receipts. | 272 |
(6) It has at least one of the following characteristics: | 273 |
(a) The value of its real and personal property exceeds seven | 274 |
hundred twenty-five thousand dollars. | 275 |
(b) It is located on property that is owned or leased by the | 276 |
state or a state agency, and its owner or operator has | 277 |
authorization from the state or the state agency that owns or | 278 |
leases the property to obtain a D-5i permit. | 279 |
The holder of a D-5i permit may sell beer and any | 280 |
intoxicating liquor at retail, only by the individual drink in | 281 |
glass and from the container, for consumption on the premises | 282 |
where sold, and may sell the same products in the same manner and | 283 |
amounts not for consumption on the premises where sold as may be | 284 |
sold by the holders of D-1 and D-2 permits. The holder of a D-5i | 285 |
permit shall sell no beer or intoxicating liquor for consumption | 286 |
on the premises where sold after two-thirty a.m. In addition to | 287 |
the privileges authorized in this division, the holder of a D-5i | 288 |
permit may exercise the same privileges as the holder of a D-5 | 289 |
permit. | 290 |
A D-5i permit shall not be transferred to another location. | 291 |
The division of liquor control shall not renew a D-5i permit | 292 |
unless the retail food establishment or food service operation for | 293 |
which it is issued continues to meet the requirements described in | 294 |
divisions (I)(1) to (6) of this section. No quota restrictions | 295 |
shall be placed on the number of D-5i permits that may be issued. | 296 |
The fee for the D-5i permit is two thousand three hundred | 297 |
forty-four dollars. | 298 |
(J) Permit D-5j may be issued to the owner or the operator of | 299 |
a retail food establishment or a food service operation licensed | 300 |
under Chapter 3717. of the Revised Code to sell beer and | 301 |
intoxicating liquor at retail, only by the individual drink in | 302 |
glass and from the container, for consumption on the premises | 303 |
where sold and to sell beer and intoxicating liquor in the same | 304 |
manner and amounts not for consumption on the premises where sold | 305 |
as may be sold by the holders of D-1 and D-2 permits. The holder | 306 |
of a D-5j permit may exercise the same privileges, and shall | 307 |
observe the same hours of operation, as the holder of a D-5 | 308 |
permit. | 309 |
The D-5j permit shall be issued only within a community | 310 |
entertainment district that is designated under section 4301.80 of | 311 |
the Revised Code and that meets one of the following | 312 |
qualifications: | 313 |
(1) It is located in a municipal corporation with a | 314 |
population of at least one hundred thousand. | 315 |
(2) It is located in a municipal corporation with a | 316 |
population of at least twenty thousand, and either of the | 317 |
following applies: | 318 |
(a) It contains an amusement park the rides of which have | 319 |
been issued a permit by the department of agriculture under | 320 |
Chapter 1711. of the Revised Code. | 321 |
(b) Not less than fifty million dollars will be invested in | 322 |
development and construction in the community entertainment | 323 |
district's area located in the municipal corporation. | 324 |
(3) It is located in a township with a population of at least | 325 |
forty thousand. | 326 |
(4) It is located in a township with a population of at least | 327 |
twenty thousand, and not less than seventy million dollars will be | 328 |
invested in development and construction in the community | 329 |
entertainment district's area located in the township. | 330 |
(5) It is located in a municipal corporation with a | 331 |
population between ten thousand and twenty thousand, and both of | 332 |
the following apply: | 333 |
(a) The municipal corporation was incorporated as a village | 334 |
prior to calendar year 1840 and currently has a historic downtown | 335 |
business district. | 336 |
(b) The municipal corporation is located in the same county | 337 |
as another municipal corporation with at least one community | 338 |
entertainment district. | 339 |
(6) It is located in a municipal corporation with a | 340 |
population of at least ten thousand, and not less than seventy | 341 |
million dollars will be invested in development and construction | 342 |
in the community entertainment district's area located in the | 343 |
municipal corporation. | 344 |
(7) It is located in a municipal corporation with a | 345 |
population of at least five thousand, and not less than one | 346 |
hundred million dollars will be invested in development and | 347 |
construction in the community entertainment district's area | 348 |
located in the municipal corporation. | 349 |
The location of a D-5j permit may be transferred only within | 350 |
the geographic boundaries of the community entertainment district | 351 |
in which it was issued and shall not be transferred outside the | 352 |
geographic boundaries of that district. | 353 |
Not more than one D-5j permit shall be issued within each | 354 |
community entertainment district for each five acres of land | 355 |
located within the district. Not more than fifteen D-5j permits | 356 |
may be issued within a single community entertainment district. | 357 |
Except as otherwise provided in division (J)(4) of this section, | 358 |
no quota restrictions shall be placed upon the number of D-5j | 359 |
permits that may be issued. | 360 |
The fee for a D-5j permit is two thousand three hundred | 361 |
forty-four dollars. | 362 |
(K)(1) Permit D-5k may be issued to any nonprofit | 363 |
organization that is exempt from federal income taxation under the | 364 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 365 |
501(c)(3), as amended, that is the owner or operator of a | 366 |
botanical garden recognized by the American association of | 367 |
botanical gardens and arboreta, and that has not less than | 368 |
twenty-five hundred bona fide members. | 369 |
(2) The holder of a D-5k permit may sell beer and any | 370 |
intoxicating liquor at retail, only by the individual drink in | 371 |
glass and from the container, on the premises where sold. | 372 |
(3) The holder of a D-5k permit shall sell no beer or | 373 |
intoxicating liquor for consumption on the premises where sold | 374 |
after one a.m. | 375 |
(4) A D-5k permit shall not be transferred to another | 376 |
location. | 377 |
(5) No quota restrictions shall be placed on the number of | 378 |
D-5k permits that may be issued. | 379 |
(6) The fee for the D-5k permit is one thousand eight hundred | 380 |
seventy-five dollars. | 381 |
(L)(1) Permit D-5l may be issued to the owner or the operator | 382 |
of a retail food establishment or a food service operation | 383 |
licensed under Chapter 3717. of the Revised Code to sell beer and | 384 |
intoxicating liquor at retail, only by the individual drink in | 385 |
glass and from the container, for consumption on the premises | 386 |
where sold and to sell beer and intoxicating liquor in the same | 387 |
manner and amounts not for consumption on the premises where sold | 388 |
as may be sold by the holders of D-1 and D-2 permits. The holder | 389 |
of a D-5l permit may exercise the same privileges, and shall | 390 |
observe the same hours of operation, as the holder of a D-5 | 391 |
permit. | 392 |
(2) The D-5l permit shall be issued only to a premises | 393 |
to which all of the following apply: | 394 |
(a) The premises has gross annual receipts from the sale of | 395 |
food and meals that constitute not less than seventy-five per cent | 396 |
of its total gross annual receipts | 397 |
(b) The premises is located within a revitalization district | 398 |
that is designated under section 4301.81 of the Revised Code | 399 |
400 |
(c) The premises is located in a municipal corporation or | 401 |
township in which the number of D-5 permits issued equals or | 402 |
exceeds the number of those permits that may be issued in that | 403 |
municipal corporation or township under section 4303.29 of the | 404 |
Revised Code | 405 |
(d) The premises meets either of the following | 406 |
qualifications: | 407 |
(i) It is located in a county with a population of one | 408 |
hundred twenty-five thousand or less according to the population | 409 |
estimates certified by the department of development for calendar | 410 |
year 2006. | 411 |
(ii) It is located in the municipal corporation that has the | 412 |
largest population in a county when the county has a population | 413 |
between two hundred fifteen thousand and two hundred twenty-five | 414 |
thousand according to the population estimates certified by the | 415 |
department for calendar year 2006. Division (L)(2)(b) of this | 416 |
section applies only to a municipal corporation that is wholly | 417 |
located in a county. | 418 |
(3) The location of a D-5l permit may be transferred only | 419 |
within the geographic boundaries of the revitalization district in | 420 |
which it was issued and shall not be transferred outside the | 421 |
geographic boundaries of that district. | 422 |
(4) Not more than one D-5l permit shall be issued within each | 423 |
revitalization district for each five acres of land located within | 424 |
the district. Not more than fifteen D-5l permits may be issued | 425 |
within a single revitalization district. Except as otherwise | 426 |
provided in division (L)(4) of this section, no quota restrictions | 427 |
shall be placed upon the number of D-5l permits that may be | 428 |
issued. | 429 |
(5) No D-5l permit shall be issued to an adult entertainment | 430 |
establishment as defined in section 2907.39 of the Revised Code. | 431 |
(6) The fee for a D-5l permit is two thousand three hundred | 432 |
forty-four dollars. | 433 |
(M) Permit D-5m may be issued to either the owner or the | 434 |
operator of a retail food establishment or food service operation | 435 |
licensed under Chapter 3717. of the Revised Code that operates as | 436 |
a restaurant for purposes of this chapter and that is located in, | 437 |
or affiliated with, a center for the preservation of wild animals | 438 |
as defined in section 4301.404 of the Revised Code, to sell beer | 439 |
and any intoxicating liquor at retail, only by the glass and from | 440 |
the container, for consumption on the premises where sold, and to | 441 |
sell the same products in the same manner and amounts not for | 442 |
consumption on the premises as may be sold by the holders of D-1 | 443 |
and D-2 permits. In addition to the privileges authorized by this | 444 |
division, the holder of a D-5m permit may exercise the same | 445 |
privileges as the holder of a D-5 permit. | 446 |
A D-5m permit shall not be transferred to another location. | 447 |
No quota restrictions shall be placed on the number of D-5m | 448 |
permits that may be issued. The fee for a permit D-5m is two | 449 |
thousand three hundred forty-four dollars. | 450 |
(N) Permit D-5n shall be issued to either a casino operator | 451 |
or a casino management company licensed under Chapter 3772. of the | 452 |
Revised Code that operates a casino facility under that chapter, | 453 |
to sell beer and any intoxicating liquor at retail, only by the | 454 |
individual drink in glass and from the container, for consumption | 455 |
on the premises where sold, and to sell the same products in the | 456 |
same manner and amounts not for consumption on the premises as may | 457 |
be sold by the holders of D-1 and D-2 permits. In addition to the | 458 |
privileges authorized by this division, the holder of a D-5n | 459 |
permit may exercise the same privileges as the holder of a D-5 | 460 |
permit. A D-5n permit shall not be transferred to another | 461 |
location. Only one D-5n permit may be issued per casino facility | 462 |
and not more than four D-5n permits shall be issued in this state. | 463 |
The fee for a permit D-5n shall be twenty thousand dollars. The | 464 |
holder of a D-5n permit may conduct casino gaming on the permit | 465 |
premises notwithstanding any provision of the Revised Code or | 466 |
Administrative Code. | 467 |
(O) Permit D-5o may be issued to the owner or operator of a | 468 |
retail food establishment or a food service operation licensed | 469 |
under Chapter 3717. of the Revised Code that operates as a | 470 |
restaurant for purposes of this chapter and that is located within | 471 |
a casino facility for which a D-5n permit has been issued. The | 472 |
holder of a D-5o permit may sell beer and any intoxicating liquor | 473 |
at retail, only by the individual drink in glass and from the | 474 |
container, for consumption on the premises where sold, and may | 475 |
sell the same products in the same manner and amounts not for | 476 |
consumption on the premises where sold as may be sold by the | 477 |
holders of D-1 and D-2 permits. In addition to the privileges | 478 |
authorized by this division, the holder of a D-5o permit may | 479 |
exercise the same privileges as the holder of a D-5 permit. A D-5o | 480 |
permit shall not be transferred to another location. No quota | 481 |
restrictions shall be placed on the number of such permits that | 482 |
may be issued. The fee for this permit is two thousand three | 483 |
hundred forty-four dollars. | 484 |
Section 2. That existing section 4303.181 of the Revised | 485 |
Code is hereby repealed. | 486 |