(133rd General Assembly)

(Amended Substitute House Bill Number 674)

AN ACT
To amend sections 3717.22, 3717.42, 4301.01, 4301.101, 4301.24, 4301.62,
4303.021, and 4303.181 and to enact sections 4301.011, 4301.246, 4303.2011,
and 4303.2012 of the Revised Code to revise specified provisions of the liquor
control laws.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That sections 3717.22, 3717.42, 4301.01, 4301.101, 4301.24, 4301.62, 4303.021,
and 4303.181 be amended and sections 4301.011, 4301.246, 4303.2011, and 4303.2012 of the
Revised Code be enacted to read as follows:
Sec. 3717.22. (A) The following are not retail food establishments:
(1) A food service operation licensed under this chapter, including a food service operation
that provides the services of a retail food establishment pursuant to an endorsement issued under
section 3717.44 of the Revised Code;
(2) An entity exempt under divisions (B)(1) to (9) or, (11) to (13), or (15) of section 3717.42
of the Revised Code from the requirement to be licensed as a food service operation and an entity
exempt under division (B)(10) of that section if the entity is regulated by the department of
agriculture as a food processing establishment under section 3715.021 of the Revised Code;
(3) A business or that portion of a business that is regulated by the federal government or the
department of agriculture as a food manufacturing or food processing business, including a business
or that portion of a business regulated by the department of agriculture under Chapter 911., 913.,
915., 917., 918., or 925. of the Revised Code.
(B) All of the following are exempt from the requirement to be licensed as a retail food
establishment:
(1) An establishment with commercially prepackaged foods that are not potentially hazardous
and contained in displays, the total space of which equals less than two hundred cubic feet;
(2) A person at a farmers market that is registered with the director of agriculture pursuant to
section 3717.221 of the Revised Code that offers for sale only one or more of the following:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Tree syrup, sorghum, honey, apple syrup, or apple butter that is produced by a tree syrup
or sorghum producer, beekeeper, or apple syrup or apple butter processor described in division (A) of
section 3715.021 of the Revised Code;
(d) Wine as authorized under section 4303.2010 of the Revised Code;
(e) Commercially prepackaged food that is not potentially hazardous, on the condition that
the food is contained in displays, the total space of which equals less than one hundred cubic feet on
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the premises where the person conducts business at the farmers market.
(3) A person who offers for sale at a roadside stand only fresh fruits and fresh vegetables that
are unprocessed;
(4) A nonprofit organization exempt from federal income taxation under section 501(c)(3) of
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises funds
by selling foods and that, if required to be licensed, would be classified as risk level one in
accordance with rules establishing licensing categories for retail food establishments adopted under
section 3717.33 of the Revised Code, if the sales occur inside a building and are for not more than
seven consecutive days or more than fifty-two separate days during a licensing period. This
exemption extends to any individual or group raising all of its funds during the time periods specified
in division (B)(4) of this section for the benefit of the nonprofit organization by selling foods under
the same conditions.
(5) An establishment that offers food contained in displays of less than five hundred square
feet, and if required to be licensed would be classified as risk level one pursuant to rules establishing
licensing categories for retail food establishments adopted under section 3717.33 of the Revised
Code, on the condition that the establishment offers the food for sale at retail not more than six
months in each calendar year;
(6) A cottage food production operation, on the condition that the operation offers its products
directly to the consumer from the site where the products are produced;
(7) A tree syrup and sorghum processor, beekeeper, or apple syrup and apple butter processor
described in division (A) of section 3715.021 of the Revised Code, on the condition that the
processor or beekeeper offers only tree syrup, sorghum, honey, apple syrup, or apple butter directly to
the consumer from the site where those products are processed;
(8) A person who annually maintains five hundred or fewer birds, on the condition that the
person offers the eggs from those birds directly to the consumer from the location where the eggs are
produced or at a farm product auction to which division (B)(11) of this section applies;
(9) A person who annually raises and slaughters one thousand or fewer chickens, on the
condition that the person offers dressed chickens directly to the consumer from the location where
the chickens are raised and slaughtered or at a farm product auction to which division (B)(11) of this
section applies;
(10) A person who raises, slaughters, and processes the meat of nonamenable species
described in divisions (A) and (B) of section 918.12 of the Revised Code, on the condition that the
person offers the meat directly to the consumer from the location where the meat is processed or at a
farm product auction to which division (B)(11) of this section applies;
(11) A farm product auction, on the condition that it is registered with the director pursuant to
section 3717.221 of the Revised Code that offers for sale at the farm product auction only one or
more of the following:
(a) The products described in divisions (B)(8) to (10) of this section that are produced, raised,
slaughtered, or processed, as appropriate, by persons described in divisions (B)(8) to (10) of this
section;
(b) Fresh unprocessed fruits or vegetables;
(c) Products of a cottage food production operation;
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(d) Tree syrup, sorghum, honey, apple syrup, or apple butter that is produced by a tree syrup
or sorghum producer, beekeeper, or apple syrup or apple butter processor described in division (A) of
section 3715.021 of the Revised Code.
(12) An establishment that, with respect to offering food for sale, offers only alcoholic
beverages or prepackaged beverages that are not potentially hazardous;
(13) An establishment that, with respect to offering food for sale, offers only alcoholic
beverages, prepackaged beverages that are not potentially hazardous, or commercially prepackaged
food that is not potentially hazardous, on the condition that the commercially prepackaged food is
contained in displays, the total space of which equals less than two hundred cubic feet on the
premises of the establishment;
(14) An establishment that, with respect to offering food for sale, offers only fountain
beverages that are not potentially hazardous;
(15) A person who offers for sale only one or more of the following foods at a festival or
celebration, on the condition that the festival or celebration is organized by a political subdivision of
the state and lasts for a period not longer than seven consecutive days:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Tree syrup, sorghum, honey, apple syrup, or apple butter if produced by a tree syrup or
sorghum processor, beekeeper, or apple syrup or apple butter processor as described in division (A)
of section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially hazardous, on the condition that
the food is contained in displays, the total space of which equals less than one hundred cubic feet;
(e) Fruit butter produced at the festival or celebration and sold from the production site.
(16) A farm market on the condition that it is registered with the director pursuant to section
3717.221 of the Revised Code that offers for sale at the farm market only one or more of the
following:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Tree syrup, sorghum, honey, apple syrup, or apple butter that is produced by a tree syrup
or sorghum producer, beekeeper, or apple syrup or apple butter processor described in division (A) of
section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially hazardous, on the condition that
the food is contained in displays, the total space of which equals less than one hundred cubic feet on
the premises where the person conducts business at the farm market;
(e) Cider and other juices manufactured on site at the farm market;
(f) The products or items described in divisions (B)(8) to (10) of this section, on the condition
that those products or items were produced by the person offering to sell them, and further
conditioned that, with respect to eggs offered, the person offering to sell them annually maintains five
hundred or fewer birds, and with respect to dressed chickens offered, the person annually raises and
slaughters one thousand or fewer chickens.
(17)(a) An establishment to which all of the following apply:
(i) The establishment has been issued an A-2 permit under section 4303.03 of the Revised
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Code or an A-2f permit under section 4303.031 of the Revised Code, annually produces ten thousand
gallons or less of wine, and sells that wine in accordance with Chapter 4303. of the Revised Code on
the premises of the establishment.
(ii) The establishment serves unopened commercially prepackaged food, other than wine.
(iii) The amount of the establishment's commercially prepackaged food sales, other than wine
sales, for the previous calendar year did not exceed five per cent of the establishment's total gross
receipts.
(b) The owner or operator of the establishment shall notify the director that it is exempt from
licensure because it qualifies under division (B)(17)(a) of this section. The owner or operator also
shall display a notice in a place conspicuous to all of its guests informing them that the establishment
is not required to be licensed as a retail food establishment.
Sec. 3717.42. (A) The following are not food service operations:
(1) A retail food establishment licensed under this chapter, including a retail food
establishment that provides the services of a food service operation pursuant to an endorsement
issued under section 3717.24 of the Revised Code;
(2) An entity exempt from the requirement to be licensed as a retail food establishment under
division (B) of section 3717.22 of the Revised Code;
(3) A business or that portion of a business that is regulated by the federal government or the
department of agriculture as a food manufacturing or food processing business, including a business
or that portion of a business regulated by the department of agriculture under Chapter 911., 913.,
915., 917., 918., or 925. of the Revised Code.
(B) All of the following are exempt from the requirement to be licensed as a food service
operation:
(1) A private home in which individuals related by blood, marriage, or law reside and in
which the food that is prepared or served is intended only for those individuals and their nonpaying
guests;
(2) A private home operated as a bed-and-breakfast that prepares and offers food to guests, if
the home is owner-occupied, the number of available guest bedrooms does not exceed six, breakfast
is the only meal offered, and the number of guests served does not exceed sixteen;
(3) A stand operated on the premises of a private home by one or more children under the age
of twelve, if the food served is not potentially hazardous;
(4) A residential facility that accommodates not more than sixteen residents; is licensed,
certified, registered, or otherwise regulated by the federal government or by the state or a political
subdivision of the state; and prepares food for or serves food to only the residents of the facility, the
staff of the facility, and any nonpaying guests of residents or staff;
(5) A church, school, fraternal or veterans' organization, volunteer fire organization, or
volunteer emergency medical service organization preparing or serving food intended for individual
portion service on its premises for not more than seven consecutive days or not more than fifty-two
separate days during a licensing period. This exemption extends to any individual or group raising all
of its funds during the time periods specified in division (B)(5) of this section for the benefit of the
church, school, or organization by preparing or serving food intended for individual portion service
under the same conditions.
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(6) A common carrier that prepares or serves food, if the carrier is regulated by the federal
government;
(7) A food service operation serving thirteen or fewer individuals daily;
(8) A type A or type B family day-care home, as defined in section 5104.01 of the Revised
Code, that prepares or serves food for the children receiving day-care;
(9) A vending machine location where the only foods dispensed are foods from one or both of
the following categories:
(a) Prepackaged foods that are not potentially hazardous;
(b) Nuts, panned or wrapped bulk chewing gum, or panned or wrapped bulk candies.
(10) A place servicing the vending machines at a vending machine location described in
division (B)(9) of this section;
(11) A commissary servicing vending machines that dispense only milk, milk products, or
frozen desserts that are under a state or federal inspection and analysis program;
(12) A "controlled location vending machine location," which means a vending machine
location at which all of the following apply:
(a) The vending machines dispense only foods that are not potentially hazardous;
(b) The machines are designed to be filled and maintained in a sanitary manner by untrained
persons;
(c) Minimal protection is necessary to ensure against contamination of food and equipment.
(13) A private home that prepares and offers food to guests, if the home is owner-occupied,
meals are served on the premises of that home, the number of meals served does not exceed one
hundred fifteen per week, and the home displays a notice in a place conspicuous to all of its guests
informing them that the home is not required to be licensed as a food service operation;
(14) An individual who prepares full meals or meal components, such as pies or baked goods,
in the individual's home to be served off the premises of that home, if the number of meals or meal
components prepared for that purpose does not exceed twenty in a seven-day period.
(15) The holder of an A-1-A permit issued under section 4303.021 of the Revised Code to
which both of the following apply:
(a) The A-1-A permit holder has also been issued an A-1c permit under section 4303.022 of
the Revised Code;
(b) The A-1-A permit holder serves only unopened commercially prepackaged meals and
nonalcoholic beverages, as well as beer and intoxicating liquor.
Sec. 4301.01. (A) As used in the Revised Code:
(1) "Intoxicating liquor" and "liquor" include all liquids and compounds, other than beer,
containing one-half of one per cent or more of alcohol by volume which are fit to use for beverage
purposes, from whatever source and by whatever process produced, by whatever name called, and
whether they are medicated, proprietary, or patented. "Intoxicating liquor" and "liquor" include cider
and alcohol, and all solids and confections which contain one-half of one per cent or more of alcohol
by volume.
(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to 4301.52, 4301.56, 4301.70,
4301.72, and 4303.01 to 4303.36 of the Revised Code, "sale" and "sell" include exchange, barter,
gift, offer for sale, sale, distribution and delivery of any kind, and the transfer of title or possession of
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beer and intoxicating liquor either by constructive or actual delivery by any means or devices
whatever, including the sale of beer or intoxicating liquor by means of a controlled access alcohol
and beverage cabinet pursuant to section 4301.21 of the Revised Code. "Sale" and "sell" do not
include the mere solicitation of orders for beer or intoxicating liquor from the holders of permits
issued by the division of liquor control authorizing the sale of the beer or intoxicating liquor, but no
solicitor shall solicit any such orders until the solicitor has been registered with the division pursuant
to section 4303.25 of the Revised Code.
(3) "Vehicle" includes all means of transportation by land, by water, or by air, and everything
made use of in any way for such transportation.
(B) As used in this chapter:
(1) "Alcohol" means ethyl alcohol, whether rectified or diluted with water or not, whatever
its origin may be, and includes synthetic ethyl alcohol. "Alcohol" does not include denatured alcohol
and wood alcohol.
(2) "Beer" includes all beverages brewed or fermented wholly or in part from malt products
and containing one-half of one per cent or more of alcohol by volume.
(3) "Wine" includes all liquids fit to use for beverage purposes containing not less than one-
half of one per cent of alcohol by volume and not more than twenty-one per cent of alcohol by
volume, which is made from the fermented juices of grapes, fruits, or other agricultural products,
except that as used in sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the Revised
Code, and, for purposes of determining the rate of the tax that applies, division (B) of section
4301.43 of the Revised Code, "wine" does not include cider.
(4) "Mixed beverages" include bottled and prepared cordials, cocktails, highballs, and solids
and confections that are obtained by mixing any type of whiskey, neutral spirits, brandy, gin, or other
distilled spirits with, or over, carbonated or plain water, pure juices from flowers and plants, and
other flavoring materials. The completed product shall contain not less than one-half of one per cent
of alcohol by volume and not more than twenty-one per cent of alcohol by volume. "Mixed
beverages" includes the contents of a pod.
(5) "Spirituous liquor" includes all intoxicating liquors containing more than twenty-one per
cent of alcohol by volume. "Spirituous liquor" does not include the contents of a pod.
(6) "Sealed container" means any container having a capacity of not more than one hundred
twenty-eight fluid ounces, the opening of which is closed to prevent the entrance of air.
(7) "Person" includes firms and corporations.
(8) "Manufacture" includes all processes by which beer or intoxicating liquor is produced,
whether by distillation, rectifying, fortifying, blending, fermentation, or brewing, or in any other
manner.
(9) "Manufacturer" means any person engaged in the business of manufacturing beer or
intoxicating liquor.
(10) "Wholesale distributor" and "distributor" means a person engaged in the business of
selling to retail dealers for purposes of resale.
(11) "Hotel" has the same meaning as in section 3731.01 of the Revised Code, subject to the
exceptions mentioned in section 3731.03 of the Revised Code.
(12) "Restaurant" means a place located in a permanent building provided with space and
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accommodations wherein, in consideration of the payment of money, hot meals are habitually
prepared, sold, and served at noon and evening, as the principal business of the place. "Restaurant"
does not include pharmacies, confectionery stores, lunch stands, night clubs, and filling stations.
(13) "Club" means a corporation or association of individuals organized in good faith for
social, recreational, benevolent, charitable, fraternal, political, patriotic, or athletic purposes, which is
the owner, lessor, or occupant of a permanent building or part of a permanent building operated
solely for those purposes, membership in which entails the prepayment of regular dues, and includes
the place so operated.
(14) "Night club" means a place operated for profit, where food is served for consumption on
the premises and one or more forms of amusement are provided or permitted for a consideration that
may be in the form of a cover charge or may be included in the price of the food and beverages, or
both, purchased by patrons.
(15) "At retail" means for use or consumption by the purchaser and not for resale.
(16) "Pharmacy" means an establishment, as defined in section 4729.01 of the Revised Code,
that is under the management or control of a licensed pharmacist in accordance with section 4729.27
of the Revised Code.
(17) "Enclosed shopping center" means a group of retail sales and service business
establishments that face into an enclosed mall, share common ingress, egress, and parking facilities,
and are situated on a tract of land that contains an area of not less than five hundred thousand square
feet. "Enclosed shopping center" also includes not more than one business establishment that is
located within a free-standing building on such a tract of land, so long as the sale of beer and
intoxicating liquor on the tract of land was approved in an election held under former section
4301.353 of the Revised Code.
(18) "Controlled access alcohol and beverage cabinet" means a closed container, either
refrigerated, in whole or in part, or nonrefrigerated, access to the interior of which is restricted by
means of a device that requires the use of a key, magnetic card, or similar device and from which
beer, intoxicating liquor, other beverages, or food may be sold.
(19) "Community facility" means either of the following:
(a) Any convention, sports, or entertainment facility or complex, or any combination of these,
that is used by or accessible to the general public and that is owned or operated in whole or in part by
the state, a state agency, or a political subdivision of the state or that is leased from, or located on
property owned by or leased from, the state, a state agency, a political subdivision of the state, or a
convention facilities authority created pursuant to section 351.02 of the Revised Code;
(b) An area designated as a community entertainment district pursuant to section 4301.80 of
the Revised Code.
(20) "Low-alcohol beverage" means any brewed or fermented malt product, or any product
made from the fermented juices of grapes, fruits, or other agricultural products, that contains either
no alcohol or less than one-half of one per cent of alcohol by volume. The beverages described in
division (B)(20) of this section do not include a soft drink such as root beer, birch beer, or ginger
beer.
(21) "Cider" means all liquids fit to use for beverage purposes that contain one-half of one
per cent of alcohol by volume, but not more than six per cent of alcohol by weight, and that are made
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through the normal alcoholic fermentation of the juice of sound, ripe apples, including, without
limitation, flavored, sparkling, or carbonated cider and cider made from pure condensed apple must.
(22) "Sales area or territory" means an exclusive geographic area or territory that is assigned
to a particular A or B permit holder and that either has one or more political subdivisions as its
boundaries or consists of an area of land with readily identifiable geographic boundaries. "Sales area
or territory" does not include, however, any particular retail location in an exclusive geographic area
or territory that had been assigned to another A or B permit holder before April 9, 2001.
(23) "Pod" means a sealed capsule made from plastic, glass, aluminum, or a combination
thereof to which all of the following apply:
(a) The capsule contains intoxicating liquor of more than twenty-one per cent of alcohol by
volume.
(b) The capsule also contains a concentrated flavoring mixture.
(c) The contents of the capsule are not readily accessible or intended for consumption unless
certain manufacturer's processing instructions are followed.
(d) The instructions include releasing the contents of the capsule through a machine
specifically designed to process the contents.
(e) After being properly processed according to the manufacturer's instructions, the final
product produced from the capsule contains not less than one-half of one per cent of alcohol by
volume and not more than twenty-one per cent of alcohol by volume.
Sec. 4301.011. The general assembly hereby finds that the Twenty-first Amendment to the
United States Constitution confers upon the state of Ohio sole and exclusive authority to regulate the
sale and distribution of beer and intoxicating liquor in this state. That authority, so conferred, has
rested with the state of Ohio since the ratification of the Twenty-first Amendment to the United States
Constitution.
The general assembly also finds that its authority to so regulate is exercised through Title
XLIII of the Revised Code and other relevant provisions of the Revised Code. Title XLIII of the
Revised Code and the other relevant provisions of the Revised Code reflect the intent of the general
assembly to do all of the following:
(A) Promote temperance by preventing consumption by underage persons and by
discouraging abusive consumption;
(B) Promote orderly markets by requiring transparent, accountable, and stable distribution of
beer and intoxicating liquor and preventing unfair competition;
(C) Facilitate the collection of taxes related to the sale and consumption of beer and
intoxicating liquor.
Sec. 4301.101. The superintendent of liquor control may adopt and promulgate, repeal,
rescind, and amend, in the manner required by this section, rules, standards, requirements, and orders
necessary to carry out the following:
(A) Rules and regulations governing the management of the state liquor stores and the
manner of conducting them;
(B) Standards, not in conflict with those prescribed by any law of this state or the United
States, to secure the use of proper ingredients and methods in the manufacture of alcohol and
spirituous liquor to be sold within this state;
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(C) Rules and regulations determining the nature, form, and capacity of all packages and
bottles to be used for containing spirituous liquor to be kept or sold, subject to the provisions of
section 4301.19 of the Revised Code, governing the form of all seals and labels to be used thereon,
prescribing that the stamps required by Chapters 4301. and 4303. of the Revised Code to be affixed
to containers of such spirituous liquor shall bear the official seal of the division of liquor control, in
addition to the official identification seal prescribed by the superintendent by rule to be affixed to all
bottles of spirituous liquor, and requiring the label on every package, bottle, and container to state the
ingredients in the contents and the terms of weight, volume, or proof spirits of the spirituous liquor;
(D) Rules in accordance with Chapter 119. of the Revised Code governing the delivery of
spirituous liquor in original containers to personal consumers by the division of liquor control.
Sec. 4301.24. (A) Except as provided in section sections 4301.242 and 4301.246 of the
Revised Code, no manufacturer shall aid or assist the holder of any permit for sale at wholesale, and
no manufacturer or wholesale distributor shall aid or assist the holder of any permit for sale at retail,
by gift or loan of any money or property of any description or other valuable thing, or by giving
premiums or rebates. Except as provided in section sections 4301.242 and 4301.246 of the Revised
Code, no holder of any such permit shall accept the same, provided that the manufacturer or
wholesale distributor may furnish to a retail permittee the inside signs or advertising and the tap signs
or devices authorized by divisions (E) and (F) of section 4301.22 of the Revised Code.
(B) No manufacturer shall have any financial interest, directly or indirectly, by stock
ownership, or through interlocking directors in a corporation, or otherwise, in the establishment,
maintenance, or promotion in the business of any wholesale distributor. No retail permit holder shall
have any interest, directly or indirectly, in the operation of, or any ownership in, the business of any
wholesale distributor or manufacturer.
(C)(1) No manufacturer shall, except as authorized by section 4303.021 of the Revised Code,
have any financial interest, directly or indirectly, by stock ownership, or through interlocking
directors in a corporation, or otherwise, in the establishment, maintenance, or promotion of the
business of any retail dealer. No wholesale distributor or employee of a wholesale distributor shall
have any financial interest, directly or indirectly, by stock ownership, interlocking directors in a
corporation, or otherwise, in the establishment, maintenance, or promotion of the business of any
retail dealer. No manufacturer or wholesale distributor or any stockholder of a manufacturer or
wholesale distributor shall acquire, by ownership in fee, leasehold, mortgage, or otherwise, directly
or indirectly, any interest in the premises on which the business of any other person engaged in the
business of trafficking in beer or intoxicating liquor is conducted.
(2) All contracts, covenants, conditions, and limitations whereby any person engaged or
proposing to engage in the sale of beer or intoxicating liquors promises to confine the person's sales
of a particular kind or quality of beer or intoxicating liquor to one or more products, or the products
of a specified manufacturer or wholesale distributor, or to give preference to those products, shall to
the extent of that promise be void. The making of a promise in any such form shall be cause for the
revocation or suspension of any permit issued to any party.
(D) No manufacturer shall sell or offer to sell to any wholesale distributor or retail permit
holder, no wholesale distributor shall sell or offer to sell to any retail permit holder, and no wholesale
distributor or retail permit holder shall purchase or receive from any manufacturer or wholesale
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distributor, any beer, brewed beverages, or wine manufactured in the United States except for cash.
No right of action shall exist to collect any claims for credit extended contrary to this section.
This section does not prohibit a licensee from crediting to a purchaser the actual prices
charged for packages or containers returned by the original purchaser as a credit on any sale or from
refunding to any purchaser the amount paid by that purchaser for containers or as a deposit on
containers when title is retained by the vendor, if those containers or packages have been returned to
the manufacturer or distributor. This section does not prohibit a manufacturer from extending usual
and customary credit for beer, brewed beverages, or wine manufactured in the United States and sold
to customers who live or maintain places of business outside this state when the beverages so sold are
actually transported and delivered to points outside this state.
No wholesale or retail permit shall be issued to an applicant unless the applicant has paid in
full all accounts for beer or wine, manufactured in the United States, outstanding as of September 6,
1939. No beer or wine manufactured in the United States shall be imported into the state unless the
beer or wine has been paid for in cash, and no supplier registration for any such beer or wine
manufactured in the United States shall be issued by the division of liquor control until the A-2, A-2f,
B-1, or B-5 permit holder establishes to the satisfaction of the division that the beer or wine has been
paid for in cash.
(E) This section does not prevent a prohibit any of the following:
(1) A manufacturer from securing and holding any financial interest, directly or indirectly, by
stock ownership or through interlocking directors in a corporation, or otherwise, in the establishment,
maintenance, or promotion of the business or premises of any C or D permit holder, provided that the
following conditions are met:
(1) (a) Either the manufacturer or one of its parent companies is listed on a national securities
exchange.
(2) (b) All purchases of alcoholic beverages by the C or D permit holder are made from
wholesale distributors in this state or agency stores licensed by the division of liquor control.
(3) (c) If the C or D permit holder sells brands of alcoholic beverages that are produced or
distributed by the manufacturer that holds the financial interest, the C or D permit holder also sells
other competing brands of alcoholic beverages produced by other manufacturers, no preference is
given to the products of the manufacturer, and there is no exclusion, in whole or in part, of products
sold or offered for sale by other manufacturers, suppliers, or importers of alcoholic beverages that
constitutes a substantial impairment of commerce.
(4) (d) The primary purpose of the C or D permit premises is a purpose other than to sell
alcoholic beverages, and the sale of other goods and services exceeds fifty per cent of the total gross
receipts of the C or D permit holder at its premises.
(F)(1) This section does not prevent a (2) A manufacturer from giving financial assistance to
the holder of a B permit for the purpose of the holder purchasing an ownership interest in the
business, existing inventory and equipment, or property of another B permit holder, including, but
not limited to, participation in a limited liability partnership, limited liability company, or any other
legal entity authorized to do business in this state. However, this
(2) This section does not permit a manufacturer to give financial assistance to the holder of a
B permit to purchase inventory or equipment used in the daily operation of a B permit holder.
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(G) This section does not prohibit a (3) A manufacturer or subsidiary of a manufacturer from
continuing to operate a wholesale distribution franchise or distribute beer or wine within a designated
territory if prior to the effective date of this amendment July 30, 2013, the manufacturer either
acquired the distribution franchise or territory, or awarded the franchise or territory to itself or a
subsidiary.
(H) This section shall not prevent a (4) A manufacturer from securing and holding an A-1c or
B-2a permit or permits and operating as a wholesale distributor pursuant to such permits.
(5) A manufacturer from renting or leasing property to the holder of an F class permit for
purposes of an event for which the F class permit has been issued.
Sec. 4301.246. (A) As used in this section:
(1) "Case" means twenty-four individual pieces of glassware.
(2) "Glassware" means a glass container to which all of the following apply:
(a) It has the brand name of a beer or the name of the manufacturer or supplier of the beer
permanently affixed, embossed, or engraved on the container;
(b) It has the brand name of the beer or the name of the manufacturer or supplier of the beer
prominently displayed on the container;
(c) It holds not more than twenty-four ounces of liquid.
(3) "Receipt" means a record, either in paper or digital format, that contains all of the
following information:
(a) The name and address of the permit holder authorized to sell beer for on-premises
consumption that receives glassware from a manufacturer or supplier;
(b) The name and address of the manufacturer or supplier that provides glassware to the
permit holder;
(c) The name of the employee or agent of the permit holder that receives the glassware;
(d) The date that the glassware is provided to the permit holder;
(e) The amount, if any, that the manufacturer or supplier charged the permit holder for the
glassware;
(f) The permit holder's permit number;
(g) A description and the amount of glassware provided to the permit holder;
(h) The amount that the manufacturer or supplier paid to have the glassware manufactured.
(B) Notwithstanding section 4301.24 of the Revised Code, a manufacturer or supplier may
provide glassware intended for the serving of beer to a permit holder authorized to sell beer for on-
premises consumption if the manufacturer or supplier provides a receipt to the permit holder.
However, the manufacturer or supplier shall not annually provide more than four cases of such
glassware to the permit holder.
(C) A permit holder authorized to sell for on-premises consumption may receive glassware
intended for the serving of beer from a manufacturer or supplier.
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.
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(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 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-2f, 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, wine served as a tasting sample by an A-2 permit holder or S permit holder for
consumption on the premises of a farmers market for which an F-10 permit has been issued, 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
Am. Sub. H. B. No. 674 133rd G.A.
13
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 either of the following:
(a) An orchestral performance and the F-9 permit holder 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;
(b) An outdoor performing arts event or orchestral performance that is free of charge and the
F-9 permit holder annually hosts not less than twenty-five other events or performances that are free
of charge on the permit premises.
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) A person may have in the person's possession on the property of an outdoor
motorsports facility an opened or unopened container of beer or intoxicating liquor that was not
purchased from the owner of the facility if both of the following apply:
(i) The person is attending a racing event at the facility; and
(ii) The owner of the facility grants permission for the possession and consumption of beer or
intoxicating liquor on the property of the facility.
(b) As used in division (C)(6)(a) of this section:
(i) "Racing event" means a motor vehicle racing event sanctioned by one or more motor
racing sanctioning organizations.
(ii) "Outdoor motorsports facility" means an outdoor racetrack to which all of the following
apply:
(I) It is two and four-tenths miles or more in length.
(II) It is located on two hundred acres or more of land.
(III) The primary business of the owner of the facility is the hosting and promoting of racing
events.
(IV) The holder of a D-1, D-2, or D-3 permit is located on the property of the facility.
(7)(a) A person may have in the person's possession an opened container of beer or
intoxicating liquor at an outdoor location within an outdoor refreshment area created under section
4301.82 of the Revised Code if the opened container of beer or intoxicating liquor was purchased
from an A-1, A-1-A, A-1c, A-2, A-2f, D class, or F class permit holder to which both of the following
apply:
(i) The permit holder's premises is located within the outdoor refreshment area.
Am. Sub. H. B. No. 674 133rd G.A.
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(ii) The permit held by the permit holder has an outdoor refreshment area designation.
(b) Division (C)(7) of this section does not authorize a person to do either of the following:
(i) Enter the premises of an establishment within an outdoor refreshment area while
possessing an opened container of beer or intoxicating liquor acquired elsewhere;
(ii) Possess an opened container of beer or intoxicating liquor while being in or on a motor
vehicle within an outdoor refreshment area, unless the possession is otherwise authorized under
division (D) or (E) of this section.
(c) As used in division (C)(7) of this section, "D class permit holder" does not include a D-6
or D-8 permit holder.
(8)(a) A person may have in the person's possession on the property of a market, within a
defined F-8 permit premises, an opened container of beer or intoxicating liquor that was purchased
from a D permit premises that is located immediately adjacent to the market if both of the following
apply:
(i) The market grants permission for the possession and consumption of beer and intoxicating
liquor within the defined F-8 permit premises;
(ii) The market is hosting an event pursuant to an F-8 permit and the market has notified the
division of liquor control about the event in accordance with division (A)(3) of section 4303.208 of
the Revised Code.
(b) As used in division (C)(8) of this section, "market" means a market, for which an F-8
permit is held, that has been in operation since 1860.
(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.
(F)(1) Except if an ordinance or resolution is enacted or adopted under division (F)(2) of this
section, this section does not apply to a person who, pursuant to a prearranged contract, is a
passenger riding on a commercial quadricycle when all of the following apply:
(a) The person is not occupying a seat in the front of the commercial quadricycle where the
Am. Sub. H. B. No. 674 133rd G.A.
15
operator is steering or braking.
(b) The commercial quadricycle is being operated on a street, highway, or other public or
private property open to the public for purposes of vehicular travel or parking.
(c) The person has in their possession on the commercial quadricycle an opened container of
beer or wine.
(d) The person has in their possession on the commercial quadricycle not more than either
thirty-six ounces of beer or eighteen ounces of wine.
(2) The legislative authority of a municipal corporation or township may enact an ordinance
or adopt a resolution, as applicable, that prohibits a passenger riding on a commercial quadricycle
from possessing an opened container of beer or wine.
(3) As used in this section, "commercial quadricycle" means a vehicle that has fully-operative
pedals for propulsion entirely by human power and that meets all of the following requirements:
(a) It has four wheels and is operated in a manner similar to a bicycle.
(b) It has at least five seats for passengers.
(c) It is designed to be powered by the pedaling of the operator and the passengers.
(d) It is used for commercial purposes.
(e) It is operated by the vehicle owner or an employee of the owner.
(G) This section does not apply to a person that has in the person's possession an opened
container of beer or intoxicating liquor on the premises of a market if the beer or intoxicating liquor
has been purchased from a D liquor permit holder that is located in the market.
As used in division (G) of this section, "market" means an establishment that:
(1) Leases space in the market to individual vendors, not less than fifty per cent of which are
retail food establishments or food service operations licensed under Chapter 3717. of the Revised
Code;
(2) Has an indoor sales floor area of not less than twenty-two thousand square feet;
(3) Hosts a farmer's market on each Saturday from April through December.
(H)(1) As used in this section, "alcoholic beverage" has the same meaning as in section
4303.185 of the Revised Code.
(2) An alcoholic beverage in a closed container being transported under section 4303.185 of
the Revised Code to its final destination is not an opened container for the purposes of this section if
the closed container is securely sealed in such a manner that it is visibly apparent if the closed
container has been subsequently opened or tampered with after sealing.
(I) This section does not apply to a person who has in the person's possession an opened
container of beer or intoxicating liquor in a public-use airport, as described in division (D)(2)(a)(iii)
of section 4303.181 of the Revised Code, when both of the following apply:
(1) Consumption of the opened container of beer or intoxicating liquor occurs in the area of
the airport terminal that is restricted to persons taking flights to and from the airport; and
(2) The consumption is authorized under division (D)(2)(a) of section 4303.181 of the
Revised Code.
Sec. 4303.021. (A) Permit A-1-A may be issued to the holder of an A-1, A-1c, A-2, A-2f, or
A-3a permit to sell beer and any intoxicating liquor at retail, only by the individual drink in glass or
from a container, provided that one of the following applies to the A-1-A permit premises:
Am. Sub. H. B. No. 674 133rd G.A.
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(1) It is situated on the same parcel or tract of land as the related A-1, A-1c, A-2, A-2f, or A-
3a manufacturing permit premises.
(2) It is separated from the parcel or tract of land on which is located the A-1, A-1c, A-2, A-
2f, or A-3a manufacturing permit premises only by public streets or highways or by other lands
owned by the holder of the A-1, A-1c, A-2, A-2f, or A-3a permit and used by the holder in connection
with or in promotion of the holder's A-1, A-1c, A-2, A-2f, or A-3a permit business.
(3) In the case of an A-1, A-1c, A-2, or A-2f permit holder, it is situated on a parcel or tract of
land that is not more than one-half mile from the A-1, A-1c, A-2, or A-2f manufacturing permit
premises.
(4) In the case of an A-3a permit holder, it is situated on a parcel or tract of land that is not
more than two hundred feet from the A-3a manufacturing permit premises.
(B) The fee for this permit is three thousand nine hundred six dollars.
(C)(1) The holder of an A-1-A permit may sell beer and any intoxicating liquor during the
same hours as the holders of D-5 permits under this chapter or Chapter 4301. of the Revised Code or
the rules of the liquor control commission and . Except as provided in division (C)(2) of this section,
the permit holder shall obtain a license as a retail food establishment or a food service operation
pursuant to Chapter 3717. of the Revised Code and operate as a restaurant for purposes of this
chapter.
(2) In lieu of obtaining a license as a retail food establishment or food service operation, an
A-1c permit holder may do either of the following:
(a) Serve unopened commercially prepackaged meals and nonalcoholic beverages, as well as
beer and intoxicating liquor, under the exemption provided for under sections 3717.22 and 3717.42
of the Revised Code;
(b) Maintain a schedule with the owner or operator of a mobile retail food establishment or a
mobile food service operation licensed under Chapter 3717. of the Revised Code to serve food to the
A-1-A permit holder's customers. The schedule shall be in writing and agreed upon a week in
advance. In addition, the A-1-A permit holder shall maintain the schedule for a minimum of one
month.
(3) If a permit A-1-A is issued to the holder of an A-1 or A-1c permit, the A-1-A permit
holder may sell beer at the A-1-A permit premises dispensed in glass containers with a capacity that
does not exceed one gallon and not for consumption on the premises where sold if all of the
following apply:
(a) The A-1-A permit premises is situated in the same municipal corporation or township as
the related A-1 or A-1c manufacturing permit premises.
(b) The containers are sealed, marked, and transported in accordance with division (E) of
section 4301.62 of the Revised Code.
(c) The containers have been cleaned immediately before being filled in accordance with rule
4301:1-1-28 of the Administrative Code.
(D) Except as otherwise provided in this section, the division of liquor control shall not issue
a new A-1-A permit to the holder of an A-1, A-1c, A-2, A-2f, or A-3a permit unless the sale of beer
and intoxicating liquor under class D permits is permitted in the precinct in which the A-1, A-1c, A-2,
A-2f, or A-3a permit is located and, in the case of an A-2 or A-2f permit, unless the holder of the A-2
Am. Sub. H. B. No. 674 133rd G.A.
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or A-2f permit manufactures or has a storage capacity of at least twenty-five thousand gallons of
wine per year. The immediately preceding sentence does not prohibit the issuance of an A-1-A permit
to an applicant for such a permit who is the holder of an A-1 permit and whose application was filed
with the division of liquor control before June 1, 1994. The liquor control commission shall not
restrict the number of A-1-A permits which may be located within a precinct.
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
Am. Sub. H. B. No. 674 133rd G.A.
18
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.
Am. Sub. H. B. No. 674 133rd G.A.
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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)(1) 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 municipal
corporation, 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
(2) The holder of a D-5d permit may sell beer either of the following:
(a) 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 . In addition, such
consumption may occur in the area of the airport terminal that is restricted to persons taking flights to
and from the airport, provided all of the following apply:
(i) The airport's governing body authorizes the consumption of beer and intoxicating liquor in
that area.
(ii) The D-5d permit holder is located in that area.
(iii) The airport is a public-use airport, as defined in section 4563.30 of the Revised Code,
that has commercial flight activity and has one or more passenger or property screening checkpoints
or restricted areas used as security measures.
(iv) The beer or intoxicating liquor is served solely in plastic bottles or other plastic
containers that clearly identify the D-5d permit holder.
(b) The 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
In addition to the privileges authorized in this division (D) of this section, the holder of a D-
5d permit may exercise the same privileges as the holder of a D-5 permit.
(3) 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.
(4) The fee for this the D-5d 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 history connection;
(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
Am. Sub. H. B. No. 674 133rd G.A.
20
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
Am. Sub. H. B. No. 674 133rd G.A.
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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
Am. Sub. H. B. No. 674 133rd G.A.
22
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. The permit shall not be issued to a
community entertainment district that is designated under divisions (B) and (C) of section 4301.80 of
the Revised Code if the district does not meet 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 seven thousand and
twenty thousand, and both of the following apply:
(a) The municipal corporation was incorporated as a village prior to calendar year 1880 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 three thousand, and
not less than one hundred fifty 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
Am. Sub. H. B. No. 674 133rd G.A.
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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 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.
(b) The premises is located within a revitalization district that is designated under section
4301.81 of the Revised Code.
(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.
(d) The premises meets any 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 development services agency 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 development services agency for
calendar year 2006. Division (L)(2)(d)(ii) of this section applies only to a municipal corporation that
is wholly located in a county.
(iii) It is located in the municipal corporation that has the largest population in a county when
the county has a population between one hundred forty thousand and one hundred forty-one thousand
Am. Sub. H. B. No. 674 133rd G.A.
24
according to the population estimates certified by the development services agency for calendar year
2006. Division (L)(2)(d)(iii) of this section applies only to a municipal corporation that is wholly
located in a county.
(iv) It is located in a township with a population density of less than four hundred fifty people
per square mile. For purposes of division (L)(2)(d)(iv) of this section, the population of a township is
considered to be the population shown by the most recent regular federal decennial census.
(v) It is located in a municipal corporation that is wholly located within the geographic
boundaries of a township, provided that the municipal corporation and the unincorporated portion of
the township have a combined population density of less than four hundred fifty people per square
mile. For purposes of division (L)(2)(d)(v) of this section, the population of a municipal corporation
and unincorporated portion of a township is the population shown by the most recent federal
decennial census.
(vi) It is located in a county with a population of not less than one hundred seventy-two
thousand and not more than one hundred ninety-five thousand. For purposes of division (L)(2)(d)(vi)
of this section, the population of a county is the population shown by the most recent decennial
census.
(vii) It is located in a municipal corporation with a population of less than ten thousand and
the municipal corporation is located in a county with a population of more than one million. For
purposes of division (L)(2)(d)(vii) of this section, the population of a municipal corporation and a
county is the population shown by the most recent decennial census.
(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.
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(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.
Sec. 4303.2011. (A) As used in this section, "nonprofit organization" means a corporation,
association, group, institution, society, or other organization that:
(1) Is exempt from federal income taxation;
(2) Has a membership of two hundred fifty or more persons.
(B) The division of liquor control may issue an F-11 permit to a nonprofit organization to
conduct an event if the event has all of the following characteristics:
(1) The event is coordinated by the nonprofit organization and the nonprofit organization is
responsible for the activities at the event.
(2) One of the event's purposes is the introduction, showcasing, or promotion of craft beers
manufactured in this state.
(3) The event includes the sale of food for consumption on the premises where sold.
(4) The event features at least twenty A-1c permit holders, who are members of the nonprofit
organization that has organized the event, as participants. The nonprofit organization may allow any
number of A-1 permit holders to participate in the event.
(C) An F-11 permit holder may sell, at the event, beer that it has purchased from the A-1 or
A-1c permit holders that are participating in the event. The F-11 permit holder may sell the beer in
four-ounce samples or in containers not exceeding sixteen ounces for consumption on the premises
where sold.
The F-11 permit holder may sell beer on the F-11 permit premises only where and when the
sale of beer is otherwise permitted by law.
Am. Sub. H. B. No. 674 133rd G.A.
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(D) The F-11 permit holder shall clearly define and sufficiently restrict the premises of the
event to allow proper enforcement of the permit by state and local law enforcement officers. If an F-
11 permit is issued for all or a portion of the same premises for which another class of permit is
issued, that permit holder's privileges are suspended in that portion of the premises in which the F-11
permit is in effect.
(E)(1) No F-11 permit is effective for more than seventy-two consecutive hours. However,
for purposes of an exposition at the state fairgrounds, an F-11 permit is effective for the duration of
the exposition.
(2) No sales of beer shall take place under an F-11 permit after one a.m.
(F) The division shall not issue more than six F-11 permits to the same nonprofit organization
in any one calendar year.
(G) An applicant for an F-11 permit shall apply for the permit not later than thirty days prior
to the first day of the event for which the permit is sought. In the application, the applicant shall list
all of the A-1 and A-1c permit holders that will participate in the event. The fee for the F-11 permit is
sixty dollars for each day of the event.
The division shall prepare and make available an F-11 permit application form and may
require applicants for and holders of the F-11 permit to provide information that is in addition to that
required by this section and that is necessary for the administration of this section.
(H)(1) An F-11 permit holder is responsible, and is subject to penalties, for any violations of
this chapter or Chapter 4301. of the Revised Code that occur during the event.
(2) An F-11 permit holder shall not allow an A-1 or A-1c permit holder to participate in the
event if the A-1 or A-1c permit or, if applicable, the A-1-A permit of that A-1 or A-1c permit holder is
under suspension.
(3) The division may refuse to issue an F-11 permit to an applicant if both of the following
apply:
(a) The applicant has pleaded guilty to or has been convicted of violating this chapter or
Chapter 4301. of the Revised Code while operating under a previously issued F-11 permit.
(b) The violation occurred within the two years preceding the filing of the new F-11 permit
application.
(I) Notwithstanding any provision of section 4301.24 of the Revised Code or any rule
adopted by the liquor control commission to the contrary, employees of an A-1 or A-1c permit holder
or B-1 permit holder, or employees or agents of a B-1 permit holder may assist an F-11 permit holder
in serving beer at an event for which an F-11 permit is issued.
Sec. 4303.2012. (A) As used in this section:
(1) "Organization" means an association or employer of ten or more persons, a labor union,
or a charitable organization.
(2) "Special function" means a function that has a social, recreational, benevolent, charitable,
fraternal, political, patriotic, or athletic purpose. "Special function" does not include any function the
proceeds of which are for the profit or gain of any individual.
(B) Subject to division (C) of this section, the division of liquor control may issue an F-12
permit to an organization to do both of the following:
(1) Purchase beer from holders of A-1, A-1c, and B-1 permits and to sell the beer at special
Am. Sub. H. B. No. 674 133rd G.A.
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functions held during the validity period of the F-12 permit;
(2) Purchase wine from holders of A-2, A-2f, B-2, and B-5 permits and to sell the wine at
special functions held during the validity period of the F-12 permit.
An F-12 permit is valid for ninety days. Not more than one F-12 permit may be issued to the
same applicant in any one-year period.
(C) An F-12 permit may be issued to an organization if the premises of the event for which
the F-12 permit is sought is located in a precinct, or at a particular location in a precinct, in which the
sale of beer and wine is otherwise permitted by law. However, sales under an F-12 permit on Sundays
are not affected by whether Sunday sales of beer and wine for consumption on the premises where
sold are allowed to be made by persons holding another type of permit in the precinct or at the
particular location where the event is to be held.
(D) The fee for the F-12 permit is five hundred dollars.

SECTION 2. That existing sections 3717.22, 3717.42, 4301.01, 4301.101, 4301.24, 4301.62,
4303.021, and 4303.181 of the Revised Code are hereby repealed.

SECTION 3. The provisions of this act are severable as provided in section 1.50 of the Revised
Code.

SECTION 4. Section 4303.021 of the Revised Code is presented in this act as a composite of the
section as amended by both H.B. 342 and H.B. 351 of the 131st General Assembly. The General
Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the
composite is the resulting version of the section in effect prior to the effective date of the section as
presented in this act.
Am. Sub. H. B. No. 674 133rd G.A.
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Speaker ___________________ of the House of Representatives.

President ___________________ of the Senate.

Passed ________________________, 20____

Approved ________________________, 20____

Governor.
Am. Sub. H. B. No. 674 133rd G.A.
29

The section numbering of law of a general and permanent nature is

Director, Legislative Service Commission.

Filed in the office of the Secretary of State at Columbus, Ohio, on the ____
day of ___________, A. D. 20____.

Secretary of State.

File No. _________ Effective Date ___________________