Bill Text: OH SB298 | 2011-2012 | 129th General Assembly | Comm Sub
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-Comm_Sub.html
As Reported by the House Commerce, Labor and Technology Committee
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-Comm_Sub.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 sections 4303.181, 4303.202, 4303.208, and | 1 |
4303.99 of the Revised Code to alter the | 2 |
conditions under which a D-51 liquor permit may be | 3 |
issued, to make changes to the law governing the | 4 |
issuance of F-2 liquor permits, and to allow an | 5 |
F-2 liquor permit to be issued for the same | 6 |
location that an F-8 liquor permit is issued | 7 |
provided that certain criteria apply. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4303.181, 4303.202, 4303.208, and | 9 |
4303.99 of the Revised Code be amended to read as follows: | 10 |
Sec. 4303.181. (A) Permit D-5a may be issued either to the | 11 |
owner or operator of a hotel or motel that is required to be | 12 |
licensed under section 3731.03 of the Revised Code, that contains | 13 |
at least fifty rooms for registered transient guests or is owned | 14 |
by a state institution of higher education as defined in section | 15 |
3345.011 of the Revised Code or a private college or university, | 16 |
and that qualifies under the other requirements of this section, | 17 |
or to the owner or operator of a restaurant specified under this | 18 |
section, to sell beer and any intoxicating liquor at retail, only | 19 |
by the individual drink in glass and from the container, for | 20 |
consumption on the premises where sold, and to registered guests | 21 |
in their rooms, which may be sold by means of a controlled access | 22 |
alcohol and beverage cabinet in accordance with division (B) of | 23 |
section 4301.21 of the Revised Code; and to sell the same products | 24 |
in the same manner and amounts not for consumption on the premises | 25 |
as may be sold by holders of D-1 and D-2 permits. The premises of | 26 |
the hotel or motel shall include a retail food establishment or a | 27 |
food service operation licensed pursuant to Chapter 3717. of the | 28 |
Revised Code that operates as a restaurant for purposes of this | 29 |
chapter and that is affiliated with the hotel or motel and within | 30 |
or contiguous to the hotel or motel, and that serves food within | 31 |
the hotel or motel, but the principal business of the owner or | 32 |
operator of the hotel or motel shall be the accommodation of | 33 |
transient guests. In addition to the privileges authorized in this | 34 |
division, the holder of a D-5a permit may exercise the same | 35 |
privileges as the holder of a D-5 permit. | 36 |
The owner or operator of a hotel, motel, or restaurant who | 37 |
qualified for and held a D-5a permit on August 4, 1976, may, if | 38 |
the owner or operator held another permit before holding a D-5a | 39 |
permit, either retain a D-5a permit or apply for the permit | 40 |
formerly held, and the division of liquor control shall issue the | 41 |
permit for which the owner or operator applies and formerly held, | 42 |
notwithstanding any quota. | 43 |
A D-5a permit shall not be transferred to another location. | 44 |
No quota restriction shall be placed on the number of D-5a permits | 45 |
that may be issued. | 46 |
The fee for this permit is two thousand three hundred | 47 |
forty-four dollars. | 48 |
(B) Permit D-5b may be issued to the owner, operator, tenant, | 49 |
lessee, or occupant of an enclosed shopping center to sell beer | 50 |
and intoxicating liquor at retail, only by the individual drink in | 51 |
glass and from the container, for consumption on the premises | 52 |
where sold; and to sell the same products in the same manner and | 53 |
amount not for consumption on the premises as may be sold by | 54 |
holders of D-1 and D-2 permits. In addition to the privileges | 55 |
authorized in this division, the holder of a D-5b permit may | 56 |
exercise the same privileges as a holder of a D-5 permit. | 57 |
A D-5b permit shall not be transferred to another location. | 58 |
One D-5b permit may be issued at an enclosed shopping center | 59 |
containing at least two hundred twenty-five thousand, but less | 60 |
than four hundred thousand, square feet of floor area. | 61 |
Two D-5b permits may be issued at an enclosed shopping center | 62 |
containing at least four hundred thousand square feet of floor | 63 |
area. No more than one D-5b permit may be issued at an enclosed | 64 |
shopping center for each additional two hundred thousand square | 65 |
feet of floor area or fraction of that floor area, up to a maximum | 66 |
of five D-5b permits for each enclosed shopping center. The number | 67 |
of D-5b permits that may be issued at an enclosed shopping center | 68 |
shall be determined by subtracting the number of D-3 and D-5 | 69 |
permits issued in the enclosed shopping center from the number of | 70 |
D-5b permits that otherwise may be issued at the enclosed shopping | 71 |
center under the formulas provided in this division. Except as | 72 |
provided in this section, no quota shall be placed on the number | 73 |
of D-5b permits that may be issued. Notwithstanding any quota | 74 |
provided in this section, the holder of any D-5b permit first | 75 |
issued in accordance with this section is entitled to its renewal | 76 |
in accordance with section 4303.271 of the Revised Code. | 77 |
The holder of a D-5b permit issued before April 4, 1984, | 78 |
whose tenancy is terminated for a cause other than nonpayment of | 79 |
rent, may return the D-5b permit to the division of liquor | 80 |
control, and the division shall cancel that permit. Upon | 81 |
cancellation of that permit and upon the permit holder's payment | 82 |
of taxes, contributions, premiums, assessments, and other debts | 83 |
owing or accrued upon the date of cancellation to this state and | 84 |
its political subdivisions and a filing with the division of a | 85 |
certification of that payment, the division shall issue to that | 86 |
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as | 87 |
that person requests. The division shall issue the D-5 permit, or | 88 |
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2, | 89 |
D-3, or D-5 permits currently issued in the municipal corporation | 90 |
or in the unincorporated area of the township where that person's | 91 |
proposed premises is located equals or exceeds the maximum number | 92 |
of such permits that can be issued in that municipal corporation | 93 |
or in the unincorporated area of that township under the | 94 |
population quota restrictions contained in section 4303.29 of the | 95 |
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not | 96 |
be transferred to another location. If a D-5b permit is canceled | 97 |
under the provisions of this paragraph, the number of D-5b permits | 98 |
that may be issued at the enclosed shopping center for which the | 99 |
D-5b permit was issued, under the formula provided in this | 100 |
division, shall be reduced by one if the enclosed shopping center | 101 |
was entitled to more than one D-5b permit under the formula. | 102 |
The fee for this permit is two thousand three hundred | 103 |
forty-four dollars. | 104 |
(C) Permit D-5c may be issued to the owner or operator of a | 105 |
retail food establishment or a food service operation licensed | 106 |
pursuant to Chapter 3717. of the Revised Code that operates as a | 107 |
restaurant for purposes of this chapter and that qualifies under | 108 |
the other requirements of this section to sell beer and any | 109 |
intoxicating liquor at retail, only by the individual drink in | 110 |
glass and from the container, for consumption on the premises | 111 |
where sold, and to sell the same products in the same manner and | 112 |
amounts not for consumption on the premises as may be sold by | 113 |
holders of D-1 and D-2 permits. In addition to the privileges | 114 |
authorized in this division, the holder of a D-5c permit may | 115 |
exercise the same privileges as the holder of a D-5 permit. | 116 |
To qualify for a D-5c permit, the owner or operator of a | 117 |
retail food establishment or a food service operation licensed | 118 |
pursuant to Chapter 3717. of the Revised Code that operates as a | 119 |
restaurant for purposes of this chapter, shall have operated the | 120 |
restaurant at the proposed premises for not less than twenty-four | 121 |
consecutive months immediately preceding the filing of the | 122 |
application for the permit, have applied for a D-5 permit no later | 123 |
than December 31, 1988, and appear on the division's quota waiting | 124 |
list for not less than six months immediately preceding the filing | 125 |
of the application for the permit. In addition to these | 126 |
requirements, the proposed D-5c permit premises shall be located | 127 |
within a municipal corporation and further within an election | 128 |
precinct that, at the time of the application, has no more than | 129 |
twenty-five per cent of its total land area zoned for residential | 130 |
use. | 131 |
A D-5c permit shall not be transferred to another location. | 132 |
No quota restriction shall be placed on the number of such permits | 133 |
that may be issued. | 134 |
Any person who has held a D-5c permit for at least two years | 135 |
may apply for a D-5 permit, and the division of liquor control | 136 |
shall issue the D-5 permit notwithstanding the quota restrictions | 137 |
contained in section 4303.29 of the Revised Code or in any rule of | 138 |
the liquor control commission. | 139 |
The fee for this permit is one thousand five hundred | 140 |
sixty-three dollars. | 141 |
(D) Permit D-5d may be issued to the owner or operator of a | 142 |
retail food establishment or a food service operation licensed | 143 |
pursuant to Chapter 3717. of the Revised Code that operates as a | 144 |
restaurant for purposes of this chapter and that is located at an | 145 |
airport operated by a board of county commissioners pursuant to | 146 |
section 307.20 of the Revised Code, at an airport operated by a | 147 |
port authority pursuant to Chapter 4582. of the Revised Code, or | 148 |
at an airport operated by a regional airport authority pursuant to | 149 |
Chapter 308. of the Revised Code. The holder of a D-5d permit may | 150 |
sell beer and any intoxicating liquor at retail, only by the | 151 |
individual drink in glass and from the container, for consumption | 152 |
on the premises where sold, and may sell the same products in the | 153 |
same manner and amounts not for consumption on the premises where | 154 |
sold as may be sold by the holders of D-1 and D-2 permits. In | 155 |
addition to the privileges authorized in this division, the holder | 156 |
of a D-5d permit may exercise the same privileges as the holder of | 157 |
a D-5 permit. | 158 |
A D-5d permit shall not be transferred to another location. | 159 |
No quota restrictions shall be placed on the number of such | 160 |
permits that may be issued. | 161 |
The fee for this permit is two thousand three hundred | 162 |
forty-four dollars. | 163 |
(E) Permit D-5e may be issued to any nonprofit organization | 164 |
that is exempt from federal income taxation under the "Internal | 165 |
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as | 166 |
amended, or that is a charitable organization under any chapter of | 167 |
the Revised Code, and that owns or operates a riverboat that meets | 168 |
all of the following: | 169 |
(1) Is permanently docked at one location; | 170 |
(2) Is designated as an historical riverboat by the Ohio | 171 |
historical society; | 172 |
(3) Contains not less than fifteen hundred square feet of | 173 |
floor area; | 174 |
(4) Has a seating capacity of fifty or more persons. | 175 |
The holder of a D-5e permit may sell beer and intoxicating | 176 |
liquor at retail, only by the individual drink in glass and from | 177 |
the container, for consumption on the premises where sold. | 178 |
A D-5e permit shall not be transferred to another location. | 179 |
No quota restriction shall be placed on the number of such permits | 180 |
that may be issued. The population quota restrictions contained in | 181 |
section 4303.29 of the Revised Code or in any rule of the liquor | 182 |
control commission shall not apply to this division, and the | 183 |
division shall issue a D-5e permit to any applicant who meets the | 184 |
requirements of this division. However, the division shall not | 185 |
issue a D-5e permit if the permit premises or proposed permit | 186 |
premises are located within an area in which the sale of | 187 |
spirituous liquor by the glass is prohibited. | 188 |
The fee for this permit is one thousand two hundred nineteen | 189 |
dollars. | 190 |
(F) Permit D-5f may be issued to the owner or operator of a | 191 |
retail food establishment or a food service operation licensed | 192 |
under Chapter 3717. of the Revised Code that operates as a | 193 |
restaurant for purposes of this chapter and that meets all of the | 194 |
following: | 195 |
(1) It contains not less than twenty-five hundred square feet | 196 |
of floor area. | 197 |
(2) It is located on or in, or immediately adjacent to, the | 198 |
shoreline of, a navigable river. | 199 |
(3) It provides docking space for twenty-five boats. | 200 |
(4) It provides entertainment and recreation, provided that | 201 |
not less than fifty per cent of the business on the permit | 202 |
premises shall be preparing and serving meals for a consideration. | 203 |
In addition, each application for a D-5f permit shall be | 204 |
accompanied by a certification from the local legislative | 205 |
authority that the issuance of the D-5f permit is not inconsistent | 206 |
with that political subdivision's comprehensive development plan | 207 |
or other economic development goal as officially established by | 208 |
the local legislative authority. | 209 |
The holder of a D-5f permit may sell beer and intoxicating | 210 |
liquor at retail, only by the individual drink in glass and from | 211 |
the container, for consumption on the premises where sold. | 212 |
A D-5f permit shall not be transferred to another location. | 213 |
The division of liquor control shall not issue a D-5f permit | 214 |
if the permit premises or proposed permit premises are located | 215 |
within an area in which the sale of spirituous liquor by the glass | 216 |
is prohibited. | 217 |
A fee for this permit is two thousand three hundred | 218 |
forty-four dollars. | 219 |
As used in this division, "navigable river" means a river | 220 |
that is also a "navigable water" as defined in the "Federal Power | 221 |
Act," 94 Stat. 770 (1980), 16 U.S.C. 796. | 222 |
(G) Permit D-5g may be issued to a nonprofit corporation that | 223 |
is either the owner or the operator of a national professional | 224 |
sports museum. The holder of a D-5g permit may sell beer and any | 225 |
intoxicating liquor at retail, only by the individual drink in | 226 |
glass and from the container, for consumption on the premises | 227 |
where sold. The holder of a D-5g permit shall sell no beer or | 228 |
intoxicating liquor for consumption on the premises where sold | 229 |
after two-thirty a.m. A D-5g permit shall not be transferred to | 230 |
another location. No quota restrictions shall be placed on the | 231 |
number of D-5g permits that may be issued. The fee for this permit | 232 |
is one thousand eight hundred seventy-five dollars. | 233 |
(H)(1) Permit D-5h may be issued to any nonprofit | 234 |
organization that is exempt from federal income taxation under the | 235 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 236 |
501(c)(3), as amended, that owns or operates any of the following: | 237 |
(a) A fine arts museum, provided that the nonprofit | 238 |
organization has no less than one thousand five hundred bona fide | 239 |
members possessing full membership privileges; | 240 |
(b) A community arts center. As used in division (H)(1)(b) of | 241 |
this section, "community arts center" means a facility that | 242 |
provides arts programming to the community in more than one arts | 243 |
discipline, including, but not limited to, exhibits of works of | 244 |
art and performances by both professional and amateur artists. | 245 |
(c) A community theater, provided that the nonprofit | 246 |
organization is a member of the Ohio arts council and the American | 247 |
community theatre association and has been in existence for not | 248 |
less than ten years. As used in division (H)(1)(c) of this | 249 |
section, "community theater" means a facility that contains at | 250 |
least one hundred fifty seats and has a primary function of | 251 |
presenting live theatrical performances and providing recreational | 252 |
opportunities to the community. | 253 |
(2) The holder of a D-5h permit may sell beer and any | 254 |
intoxicating liquor at retail, only by the individual drink in | 255 |
glass and from the container, for consumption on the premises | 256 |
where sold. The holder of a D-5h permit shall sell no beer or | 257 |
intoxicating liquor for consumption on the premises where sold | 258 |
after one a.m. A D-5h permit shall not be transferred to another | 259 |
location. No quota restrictions shall be placed on the number of | 260 |
D-5h permits that may be issued. | 261 |
(3) The fee for a D-5h permit is one thousand eight hundred | 262 |
seventy-five dollars. | 263 |
(I) Permit D-5i may be issued to the owner or operator of a | 264 |
retail food establishment or a food service operation licensed | 265 |
under Chapter 3717. of the Revised Code that operates as a | 266 |
restaurant for purposes of this chapter and that meets all of the | 267 |
following requirements: | 268 |
(1) It is located in a municipal corporation or a township | 269 |
with a population of one hundred thousand or less. | 270 |
(2) It has inside seating capacity for at least one hundred | 271 |
forty persons. | 272 |
(3) It has at least four thousand square feet of floor area. | 273 |
(4) It offers full-course meals, appetizers, and sandwiches. | 274 |
(5) Its receipts from beer and liquor sales, excluding wine | 275 |
sales, do not exceed twenty-five per cent of its total gross | 276 |
receipts. | 277 |
(6) It has at least one of the following characteristics: | 278 |
(a) The value of its real and personal property exceeds seven | 279 |
hundred twenty-five thousand dollars. | 280 |
(b) It is located on property that is owned or leased by the | 281 |
state or a state agency, and its owner or operator has | 282 |
authorization from the state or the state agency that owns or | 283 |
leases the property to obtain a D-5i permit. | 284 |
The holder of a D-5i permit may sell beer and any | 285 |
intoxicating liquor at retail, only by the individual drink in | 286 |
glass and from the container, for consumption on the premises | 287 |
where sold, and may sell the same products in the same manner and | 288 |
amounts not for consumption on the premises where sold as may be | 289 |
sold by the holders of D-1 and D-2 permits. The holder of a D-5i | 290 |
permit shall sell no beer or intoxicating liquor for consumption | 291 |
on the premises where sold after two-thirty a.m. In addition to | 292 |
the privileges authorized in this division, the holder of a D-5i | 293 |
permit may exercise the same privileges as the holder of a D-5 | 294 |
permit. | 295 |
A D-5i permit shall not be transferred to another location. | 296 |
The division of liquor control shall not renew a D-5i permit | 297 |
unless the retail food establishment or food service operation for | 298 |
which it is issued continues to meet the requirements described in | 299 |
divisions (I)(1) to (6) of this section. No quota restrictions | 300 |
shall be placed on the number of D-5i permits that may be issued. | 301 |
The fee for the D-5i permit is two thousand three hundred | 302 |
forty-four dollars. | 303 |
(J) Permit D-5j may be issued to the owner or the operator of | 304 |
a retail food establishment or a food service operation licensed | 305 |
under Chapter 3717. of the Revised Code to sell beer and | 306 |
intoxicating liquor at retail, only by the individual drink in | 307 |
glass and from the container, for consumption on the premises | 308 |
where sold and to sell beer and intoxicating liquor in the same | 309 |
manner and amounts not for consumption on the premises where sold | 310 |
as may be sold by the holders of D-1 and D-2 permits. The holder | 311 |
of a D-5j permit may exercise the same privileges, and shall | 312 |
observe the same hours of operation, as the holder of a D-5 | 313 |
permit. | 314 |
The D-5j permit shall be issued only within a community | 315 |
entertainment district that is designated under section 4301.80 of | 316 |
the Revised Code and that meets one of the following | 317 |
qualifications: | 318 |
(1) It is located in a municipal corporation with a | 319 |
population of at least one hundred thousand. | 320 |
(2) It is located in a municipal corporation with a | 321 |
population of at least twenty thousand, and either of the | 322 |
following applies: | 323 |
(a) It contains an amusement park the rides of which have | 324 |
been issued a permit by the department of agriculture under | 325 |
Chapter 1711. of the Revised Code. | 326 |
(b) Not less than fifty million dollars will be invested in | 327 |
development and construction in the community entertainment | 328 |
district's area located in the municipal corporation. | 329 |
(3) It is located in a township with a population of at least | 330 |
forty thousand. | 331 |
(4) It is located in a township with a population of at least | 332 |
twenty thousand, and not less than seventy million dollars will be | 333 |
invested in development and construction in the community | 334 |
entertainment district's area located in the township. | 335 |
(5) It is located in a municipal corporation with a | 336 |
population between ten thousand and twenty thousand, and both of | 337 |
the following apply: | 338 |
(a) The municipal corporation was incorporated as a village | 339 |
prior to calendar year 1840 and currently has a historic downtown | 340 |
business district. | 341 |
(b) The municipal corporation is located in the same county | 342 |
as another municipal corporation with at least one community | 343 |
entertainment district. | 344 |
(6) It is located in a municipal corporation with a | 345 |
population of at least ten thousand, and not less than seventy | 346 |
million dollars will be invested in development and construction | 347 |
in the community entertainment district's area located in the | 348 |
municipal corporation. | 349 |
(7) It is located in a municipal corporation with a | 350 |
population of at least five thousand, and not less than one | 351 |
hundred million dollars will be invested in development and | 352 |
construction in the community entertainment district's area | 353 |
located in the municipal corporation. | 354 |
The location of a D-5j permit may be transferred only within | 355 |
the geographic boundaries of the community entertainment district | 356 |
in which it was issued and shall not be transferred outside the | 357 |
geographic boundaries of that district. | 358 |
Not more than one D-5j permit shall be issued within each | 359 |
community entertainment district for each five acres of land | 360 |
located within the district. Not more than fifteen D-5j permits | 361 |
may be issued within a single community entertainment district. | 362 |
Except as otherwise provided in division (J)(4) of this section, | 363 |
no quota restrictions shall be placed upon the number of D-5j | 364 |
permits that may be issued. | 365 |
The fee for a D-5j permit is two thousand three hundred | 366 |
forty-four dollars. | 367 |
(K)(1) Permit D-5k may be issued to any nonprofit | 368 |
organization that is exempt from federal income taxation under the | 369 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. | 370 |
501(c)(3), as amended, that is the owner or operator of a | 371 |
botanical garden recognized by the American association of | 372 |
botanical gardens and arboreta, and that has not less than | 373 |
twenty-five hundred bona fide members. | 374 |
(2) The holder of a D-5k permit may sell beer and any | 375 |
intoxicating liquor at retail, only by the individual drink in | 376 |
glass and from the container, on the premises where sold. | 377 |
(3) The holder of a D-5k permit shall sell no beer or | 378 |
intoxicating liquor for consumption on the premises where sold | 379 |
after one a.m. | 380 |
(4) A D-5k permit shall not be transferred to another | 381 |
location. | 382 |
(5) No quota restrictions shall be placed on the number of | 383 |
D-5k permits that may be issued. | 384 |
(6) The fee for the D-5k permit is one thousand eight hundred | 385 |
seventy-five dollars. | 386 |
(L)(1) Permit D-5l may be issued to the owner or the operator | 387 |
of a retail food establishment or a food service operation | 388 |
licensed under Chapter 3717. of the Revised Code to sell beer and | 389 |
intoxicating liquor at retail, only by the individual drink in | 390 |
glass and from the container, for consumption on the premises | 391 |
where sold and to sell beer and intoxicating liquor in the same | 392 |
manner and amounts not for consumption on the premises where sold | 393 |
as may be sold by the holders of D-1 and D-2 permits. The holder | 394 |
of a D-5l permit may exercise the same privileges, and shall | 395 |
observe the same hours of operation, as the holder of a D-5 | 396 |
permit. | 397 |
(2) The D-5l permit shall be issued only to a premises | 398 |
to which all of the following apply: | 399 |
(a) The premises has gross annual receipts from the sale of | 400 |
food and meals that constitute not less than seventy-five per cent | 401 |
of its total gross annual receipts | 402 |
(b) The premises is located within a revitalization district | 403 |
that is designated under section 4301.81 of the Revised Code | 404 |
405 |
(c) The premises is located in a municipal corporation or | 406 |
township in which the number of D-5 permits issued equals or | 407 |
exceeds the number of those permits that may be issued in that | 408 |
municipal corporation or township under section 4303.29 of the | 409 |
Revised Code | 410 |
(d) The premises meets any of the following qualifications: | 411 |
(i) It is located in a county with a population of one | 412 |
hundred twenty-five thousand or less according to the population | 413 |
estimates certified by the | 414 |
agency for calendar year 2006. | 415 |
(ii) It is located in the municipal corporation that has the | 416 |
largest population in a county when the county has a population | 417 |
between two hundred fifteen thousand and two hundred twenty-five | 418 |
thousand according to the population estimates certified by the | 419 |
development services agency for calendar year 2006. Division | 420 |
(L)(2)(d)(ii) of this section applies only to a municipal | 421 |
corporation that is wholly located in a county. | 422 |
(iii) It is located in the municipal corporation that has the | 423 |
largest population in a county when the county has a population | 424 |
between one hundred forty thousand and one hundred forty-one | 425 |
thousand according to the population estimates certified by the | 426 |
development services agency for calendar year 2006. Division | 427 |
(L)(2)(d)(iii) of this section applies only to a municipal | 428 |
corporation that is wholly located in a county. | 429 |
(3) The location of a D-5l permit may be transferred only | 430 |
within the geographic boundaries of the revitalization district in | 431 |
which it was issued and shall not be transferred outside the | 432 |
geographic boundaries of that district. | 433 |
(4) Not more than one D-5l permit shall be issued within each | 434 |
revitalization district for each five acres of land located within | 435 |
the district. Not more than fifteen D-5l permits may be issued | 436 |
within a single revitalization district. Except as otherwise | 437 |
provided in division (L)(4) of this section, no quota restrictions | 438 |
shall be placed upon the number of D-5l permits that may be | 439 |
issued. | 440 |
(5) No D-5l permit shall be issued to an adult entertainment | 441 |
establishment as defined in section 2907.39 of the Revised Code. | 442 |
(6) The fee for a D-5l permit is two thousand three hundred | 443 |
forty-four dollars. | 444 |
(M) Permit D-5m may be issued to either the owner or the | 445 |
operator of a retail food establishment or food service operation | 446 |
licensed under Chapter 3717. of the Revised Code that operates as | 447 |
a restaurant for purposes of this chapter and that is located in, | 448 |
or affiliated with, a center for the preservation of wild animals | 449 |
as defined in section 4301.404 of the Revised Code, to sell beer | 450 |
and any intoxicating liquor at retail, only by the glass and from | 451 |
the container, for consumption on the premises where sold, and to | 452 |
sell the same products in the same manner and amounts not for | 453 |
consumption on the premises as may be sold by the holders of D-1 | 454 |
and D-2 permits. In addition to the privileges authorized by this | 455 |
division, the holder of a D-5m permit may exercise the same | 456 |
privileges as the holder of a D-5 permit. | 457 |
A D-5m permit shall not be transferred to another location. | 458 |
No quota restrictions shall be placed on the number of D-5m | 459 |
permits that may be issued. The fee for a permit D-5m is two | 460 |
thousand three hundred forty-four dollars. | 461 |
(N) Permit D-5n shall be issued to either a casino operator | 462 |
or a casino management company licensed under Chapter 3772. of the | 463 |
Revised Code that operates a casino facility under that chapter, | 464 |
to sell beer and any intoxicating liquor at retail, only by the | 465 |
individual drink in glass and from the container, for consumption | 466 |
on the premises where sold, and to sell the same products in the | 467 |
same manner and amounts not for consumption on the premises as may | 468 |
be sold by the holders of D-1 and D-2 permits. In addition to the | 469 |
privileges authorized by this division, the holder of a D-5n | 470 |
permit may exercise the same privileges as the holder of a D-5 | 471 |
permit. A D-5n permit shall not be transferred to another | 472 |
location. Only one D-5n permit may be issued per casino facility | 473 |
and not more than four D-5n permits shall be issued in this state. | 474 |
The fee for a permit D-5n shall be twenty thousand dollars. The | 475 |
holder of a D-5n permit may conduct casino gaming on the permit | 476 |
premises notwithstanding any provision of the Revised Code or | 477 |
Administrative Code. | 478 |
(O) Permit D-5o may be issued to the owner or operator of a | 479 |
retail food establishment or a food service operation licensed | 480 |
under Chapter 3717. of the Revised Code that operates as a | 481 |
restaurant for purposes of this chapter and that is located within | 482 |
a casino facility for which a D-5n permit has been issued. The | 483 |
holder of a D-5o permit may sell beer and any intoxicating liquor | 484 |
at retail, only by the individual drink in glass and from the | 485 |
container, for consumption on the premises where sold, and may | 486 |
sell the same products in the same manner and amounts not for | 487 |
consumption on the premises where sold as may be sold by the | 488 |
holders of D-1 and D-2 permits. In addition to the privileges | 489 |
authorized by this division, the holder of a D-5o permit may | 490 |
exercise the same privileges as the holder of a D-5 permit. A D-5o | 491 |
permit shall not be transferred to another location. No quota | 492 |
restrictions shall be placed on the number of such permits that | 493 |
may be issued. The fee for this permit is two thousand three | 494 |
hundred forty-four dollars. | 495 |
Sec. 4303.202. (A) The division of liquor control may issue | 496 |
an F-2 permit to an association or corporation, or to a recognized | 497 |
subordinate lodge, chapter, or other local unit of an association | 498 |
or corporation, to sell beer or intoxicating liquor by the | 499 |
individual drink at an event to be held on premises located in a | 500 |
political subdivision or part thereof where the sale of beer or | 501 |
intoxicating liquor, but not spirituous liquor, on that day is | 502 |
otherwise permitted by law. However, the division may issue the | 503 |
F-2 permit only if the association, corporation, or recognized | 504 |
subordinate lodge, chapter, or other local unit of an association | 505 |
or corporation meets all of the following: | 506 |
(1) It is organized not for profit; | 507 |
(2) It is operated for a charitable, cultural, educational, | 508 |
fraternal, or political purpose; | 509 |
(3) It is not affiliated with the holder of any class of | 510 |
liquor permit, other than a D-4 permit. | 511 |
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514 | |
515 | |
516 | |
517 | |
518 |
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520 | |
521 | |
522 |
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525 | |
526 | |
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(B) Sales under an F-2 permit on Sundays are not affected by | 528 |
whether Sunday sales of beer or intoxicating liquor for | 529 |
consumption on the premises where sold are allowed to be made by | 530 |
persons holding another type of permit in the precinct or at the | 531 |
particular location where the event is to be held, provided that | 532 |
the F-2 permit is issued for other days of the week in addition to | 533 |
Sunday. | 534 |
(C) The premises on which the permit is to be used shall be | 535 |
clearly defined and sufficiently restricted to allow proper | 536 |
supervision of the permit use by state and local law enforcement | 537 |
personnel. An F-2 permit may be issued for the same premises for | 538 |
which another class of permit is issued. | 539 |
(D)(1) No F-2 permit shall be effective for more than | 540 |
541 | |
confined to the same hours permitted to the holder of a D-3 | 542 |
permit. The division shall not issue more than | 543 |
permit in
| 544 |
association, corporation, or local unit of an association or | 545 |
corporation. The fee for an F-2 permit is one hundred fifty | 546 |
dollars. | 547 |
(2) No association, corporation, local unit of an association | 548 |
or corporation, or D-permit holder who holds an F-2 permit shall | 549 |
sell beer or intoxicating liquor beyond the hours of sale allowed | 550 |
by the permit. Division (D)(2) of this section imposes strict | 551 |
liability on the holder of such permit and on any officer, agent, | 552 |
or employee of such permit holder. | 553 |
(E) If an applicant wishes the holder of a | 554 |
permit issued under sections 4303.13 to 4303.181 of the Revised | 555 |
Code to conduct the sale of beer and intoxicating liquor at the | 556 |
event, the applicant may request that the F-2 permit be issued | 557 |
jointly to the association, corporation, or local unit and the | 558 |
D-permit holder. If a permit is issued jointly, the association, | 559 |
corporation, or local unit and the D-permit holder shall both be | 560 |
held responsible for any conduct that violates laws pertaining to | 561 |
the sale of alcoholic beverages, including sales by the D-permit | 562 |
holder; otherwise, the association, corporation, or local unit | 563 |
shall be held responsible. In addition to the permit fee paid by | 564 |
the association, corporation, or local unit, the D-permit holder | 565 |
shall pay a fee of ten dollars. A D-permit holder may receive an | 566 |
unlimited number of joint F-2 permits. | 567 |
(F)(1) Any association, corporation, or local unit applying | 568 |
for an F-2 permit shall file with the application a statement of | 569 |
the organizational purpose of the association, corporation, or | 570 |
local unit, the location and purpose of the event, and a list of | 571 |
its officers. The application form shall contain a notice that a | 572 |
person who knowingly makes a false statement on the application or | 573 |
statement is guilty of the crime of falsification, a misdemeanor | 574 |
of the first degree. In ruling on an application, the division | 575 |
shall consider, among other things, the past activities of the | 576 |
association, corporation, or local unit and any D-permit holder | 577 |
while operating under other F-2 permits, the location of the event | 578 |
for which the current application is made, and any objections of | 579 |
local residents or law enforcement authorities. If the division | 580 |
approves the application, it shall send copies of the approved | 581 |
application to the proper law enforcement authorities prior to the | 582 |
scheduled event. | 583 |
(2) Notwithstanding section 1711.09 of the Revised Code, this | 584 |
section applies to any association or corporation or a recognized | 585 |
subordinate lodge, chapter, or other local unit of an association | 586 |
or corporation. | 587 |
(G) Using the procedures of Chapter 119. of the Revised Code, | 588 |
the liquor control commission may adopt such rules as are | 589 |
necessary to administer this section. | 590 |
| 591 |
592 | |
593 | |
594 | |
595 | |
596 |
Sec. 4303.208. (A)(1) The division of liquor control may | 597 |
issue an F-8 permit to a not-for-profit organization that manages, | 598 |
for the benefit of the public and by contract with a political | 599 |
subdivision of this state, publicly owned property to sell beer or | 600 |
intoxicating liquor by the individual drink at specific events | 601 |
conducted on the publicly owned property and appurtenant streets, | 602 |
but only if, and then only at times at which, the sale of beer and | 603 |
intoxicating liquor on the premises is otherwise permitted by law. | 604 |
Additionally, an F-8 permit may be issued only if the publicly | 605 |
owned property is located in a county that has a population of | 606 |
between seven hundred fifty thousand and nine hundred thousand on | 607 |
608 |
(2) The premises on which an F-8 permit will be used shall be | 609 |
clearly defined and sufficiently restricted to allow proper | 610 |
supervision of the permit's use by state and local law enforcement | 611 |
officers. Sales under an F-8 permit shall be confined to the same | 612 |
hours permitted to the holder of a D-3 permit. | 613 |
(3) The fee for an F-8 permit is one thousand seven hundred | 614 |
dollars. An F-8 permit is effective for a period not to exceed | 615 |
nine months as specified in the permit. An F-8 permit is not | 616 |
transferable or renewable. However, the holder of an F-8 permit | 617 |
may apply for a new F-8 permit at any time. An F-8 permit is not | 618 |
effective until any F-8 permit currently held expires. The holder | 619 |
of an F-8 permit shall make sales only at those specific events | 620 |
about which the permit holder has notified in advance the division | 621 |
of liquor control, the department of public safety, and the chief, | 622 |
sheriff, or other principal peace officer of the local law | 623 |
enforcement agencies having jurisdiction over the premises. | 624 |
(B)(1) An application for the issuance of an F-8 permit is | 625 |
subject to the notice and hearing requirements established in | 626 |
division (A) of section 4303.26 of the Revised Code. | 627 |
(2) The liquor control commission shall adopt under Chapter | 628 |
119. of the Revised Code rules necessary to administer this | 629 |
section. | 630 |
(C) No F-8 permit holder shall sell beer or intoxicating | 631 |
liquor beyond the hours of sale allowed by the permit. This | 632 |
division imposes strict liability on the holder of an F-8 permit | 633 |
and on any officer, agent, or employee of that permit holder. | 634 |
(D) Nothing in this section prohibits the division from | 635 |
issuing an F-2 permit for a specific event not conducted by the | 636 |
holder of an F-8 permit provided that the holder of the F-8 permit | 637 |
certifies to the division that it will not exercise its permit | 638 |
privileges during that specific event. | 639 |
Sec. 4303.99. (A) Whoever violates section 4303.28 of the | 640 |
Revised Code shall be fined not less than one thousand nor more | 641 |
than twenty-five hundred dollars or imprisoned not less than six | 642 |
months nor more than one year. | 643 |
(B) Whoever violates section 4303.36 of the Revised Code | 644 |
shall be fined not less than twenty-five nor more than one hundred | 645 |
dollars. | 646 |
(C) Whoever violates section 4303.37 of the Revised Code | 647 |
shall be fined not less than twenty-five nor more than fifty | 648 |
dollars. | 649 |
(D) Whoever violates division | 650 |
or division (C) of section 4303.208 of the Revised Code is guilty | 651 |
of a misdemeanor of the fourth degree. | 652 |
Section 2. That existing sections 4303.181, 4303.202, | 653 |
4303.208, and 4303.99 of the Revised Code are hereby repealed. | 654 |