Bill Text: OH HB391 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To allow beer manufacturers to manufacture beer containing not more than 21% of alcohol by volume beginning on the effective date of this act, and, beginning one year after the effective date of this act, to allow the sale and distribution of beer containing not more than 21% of alcohol by volume in this state by increasing the legally permitted alcohol content of beer from 12% to 21% and to generally prohibit the inclusion of caffeine or other stimulants in beer containing more than 12% of alcohol by volume.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-12-18 - To Policy and Legislative Oversight [HB391 Detail]

Download: Ohio-2013-HB391-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 391

Representative Ramos 

Cosponsors: Representatives Rogers, Driehaus, Lundy, Henne, Phillips, Sheehy, Hagan, R., Reece, Slesnick, Becker, Wachtmann, Roegner, Blessing, Milkovich, Adams, J., Brenner, Blair, Antonio, Maag, Foley 

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A BILL

To amend section 4301.01 and to enact section 4301.71

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of the Revised Code to allow beer manufacturers to

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manufacture beer containing not more than 21% of

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alcohol by volume beginning on the effective date

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of this act, and, beginning one year after the

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effective date of this act, to allow the sale and

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distribution of beer containing not more than 21%

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of alcohol by volume in this state by increasing

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the legally permitted alcohol content of beer from

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12% to 21% and to generally prohibit the inclusion

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of caffeine or other stimulants in beer containing

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more than 12% of alcohol by volume.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 4301.01 be amended and section	13
4301.71 of the Revised Code be enacted to read as follows:	14

Sec. 4301.01.  (A) As used in the Revised Code:

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(1) "Intoxicating liquor" and "liquor" include all liquids	16
and compounds, other than beer, containing one-half of one per	17
cent or more of alcohol by volume which are fit to use for	18
beverage purposes, from whatever source and by whatever process	19
produced, by whatever name called, and whether they are medicated,	20
proprietary, or patented. "Intoxicating liquor" and "liquor"	21
include cider and alcohol, and all solids and confections which	22
contain one-half of one per cent or more of alcohol by volume.	23

(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to	24
4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the	25
Revised Code, "sale" and "sell" include exchange, barter, gift,	26
offer for sale, sale, distribution and delivery of any kind, and	27
the transfer of title or possession of beer and intoxicating	28
liquor either by constructive or actual delivery by any means or	29
devices whatever, including the sale of beer or intoxicating	30
liquor by means of a controlled access alcohol and beverage	31
cabinet pursuant to section 4301.21 of the Revised Code. "Sale"	32
and "sell" do not include the mere solicitation of orders for beer	33
or intoxicating liquor from the holders of permits issued by the	34
division of liquor control authorizing the sale of the beer or	35
intoxicating liquor, but no solicitor shall solicit any such	36
orders until the solicitor has been registered with the division	37
pursuant to section 4303.25 of the Revised Code.	38

(3) "Vehicle" includes all means of transportation by land,	39
by water, or by air, and everything made use of in any way for	40
such transportation.	41

(B) As used in this chapter:

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(1) "Alcohol" means ethyl alcohol, whether rectified or	43
diluted with water or not, whatever its origin may be, and	44
includes synthetic ethyl alcohol. "Alcohol" does not include	45
denatured alcohol and wood alcohol.	46

(2) "Beer" includes all beverages brewed or fermented wholly	47
or in part from malt products and containing one-half of one per	48
cent or more, but not more than twelvetwenty-one per cent, of	49
alcohol by volume.	50

(3) "Wine" includes all liquids fit to use for beverage	51
purposes containing not less than one-half of one per cent of	52
alcohol by volume and not more than twenty-one per cent of alcohol	53
by volume, which is made from the fermented juices of grapes,	54
fruits, or other agricultural products, except that as used in	55
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the	56
Revised Code, and, for purposes of determining the rate of the tax	57
that applies, division (B) of section 4301.43 of the Revised Code,	58
"wine" does not include cider.	59

(4) "Mixed beverages" include bottled and prepared cordials,	60
cocktails, highballs, and solids and confections that are obtained	61
by mixing any type of whiskey, neutral spirits, brandy, gin, or	62
other distilled spirits with, or over, carbonated or plain water,	63
pure juices from flowers and plants, and other flavoring	64
materials. The completed product shall contain not less than	65
one-half of one per cent of alcohol by volume and not more than	66
twenty-one per cent of alcohol by volume.	67

(5) "Spirituous liquor" includes all intoxicating liquors	68
containing more than twenty-one per cent of alcohol by volume.	69

(6) "Sealed container" means any container having a capacity	70
of not more than one hundred twenty-eight fluid ounces, the	71
opening of which is closed to prevent the entrance of air.	72

(7) "Person" includes firms and corporations.

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(8) "Manufacture" includes all processes by which beer or	74
intoxicating liquor is produced, whether by distillation,	75
rectifying, fortifying, blending, fermentation, or brewing, or in	76
any other manner.	77

(9) "Manufacturer" means any person engaged in the business	78
of manufacturing beer or intoxicating liquor.	79

(10) "Wholesale distributor" and "distributor" means a person	80
engaged in the business of selling to retail dealers for purposes	81
of resale.	82

(11) "Hotel" has the same meaning as in section 3731.01 of	83
the Revised Code, subject to the exceptions mentioned in section	84
3731.03 of the Revised Code.	85

(12) "Restaurant" means a place located in a permanent	86
building provided with space and accommodations wherein, in	87
consideration of the payment of money, hot meals are habitually	88
prepared, sold, and served at noon and evening, as the principal	89
business of the place. "Restaurant" does not include pharmacies,	90
confectionery stores, lunch stands, night clubs, and filling	91
stations.	92

(13) "Club" means a corporation or association of individuals	93
organized in good faith for social, recreational, benevolent,	94
charitable, fraternal, political, patriotic, or athletic purposes,	95
which is the owner, lessor, or occupant of a permanent building or	96
part of a permanent building operated solely for those purposes,	97
membership in which entails the prepayment of regular dues, and	98
includes the place so operated.	99

(14) "Night club" means a place operated for profit, where	100
food is served for consumption on the premises and one or more	101
forms of amusement are provided or permitted for a consideration	102
that may be in the form of a cover charge or may be included in	103
the price of the food and beverages, or both, purchased by	104
patrons.	105

(15) "At retail" means for use or consumption by the	106
purchaser and not for resale.	107

(16) "Pharmacy" means an establishment, as defined in section	108
4729.01 of the Revised Code, that is under the management or	109
control of a licensed pharmacist in accordance with section	110
4729.27 of the Revised Code.	111

(17) "Enclosed shopping center" means a group of retail sales	112
and service business establishments that face into an enclosed	113
mall, share common ingress, egress, and parking facilities, and	114
are situated on a tract of land that contains an area of not less	115
than five hundred thousand square feet. "Enclosed shopping center"	116
also includes not more than one business establishment that is	117
located within a free-standing building on such a tract of land,	118
so long as the sale of beer and intoxicating liquor on the tract	119
of land was approved in an election held under former section	120
4301.353 of the Revised Code.	121

(18) "Controlled access alcohol and beverage cabinet" means a	122
closed container, either refrigerated, in whole or in part, or	123
nonrefrigerated, access to the interior of which is restricted by	124
means of a device that requires the use of a key, magnetic card,	125
or similar device and from which beer, intoxicating liquor, other	126
beverages, or food may be sold.	127

(19) "Community facility" means either of the following:

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(a) Any convention, sports, or entertainment facility or	129
complex, or any combination of these, that is used by or	130
accessible to the general public and that is owned or operated in	131
whole or in part by the state, a state agency, or a political	132
subdivision of the state or that is leased from, or located on	133
property owned by or leased from, the state, a state agency, a	134
political subdivision of the state, or a convention facilities	135
authority created pursuant to section 351.02 of the Revised Code;	136

(b) An area designated as a community entertainment district	137
pursuant to section 4301.80 of the Revised Code.	138

(20) "Low-alcohol beverage" means any brewed or fermented	139
malt product, or any product made from the fermented juices of	140
grapes, fruits, or other agricultural products, that contains	141
either no alcohol or less than one-half of one per cent of alcohol	142
by volume. The beverages described in division (B)(20) of this	143
section do not include a soft drink such as root beer, birch beer,	144
or ginger beer.	145

(21) "Cider" means all liquids fit to use for beverage	146
purposes that contain one-half of one per cent of alcohol by	147
volume, but not more than six per cent of alcohol by weight, and	148
that are made through the normal alcoholic fermentation of the	149
juice of sound, ripe apples, including, without limitation,	150
flavored, sparkling, or carbonated cider and cider made from pure	151
condensed apple must.	152

(22) "Sales area or territory" means an exclusive geographic	153
area or territory that is assigned to a particular A or B permit	154
holder and that either has one or more political subdivisions as	155
its boundaries or consists of an area of land with readily	156
identifiable geographic boundaries. "Sales area or territory" does	157
not include, however, any particular retail location in an	158
exclusive geographic area or territory that had been assigned to	159
another A or B permit holder before April 9, 2001.	160

Sec. 4301.71.  Except as otherwise provided in this section,	161
no beer containing more than twelve per cent of alcohol by volume	162
shall include caffeine or other stimulants, including guarana,	163
ginseng, or taurine.	164

This section does not apply to beer that has incidental	165
amounts of caffeine from coffee, chocolate, or tea.	166

Section 2.  That existing section 4301.01 of the Revised Code	167
is hereby repealed.	168

Section 3.  Sections 1 and 2 of this act shall take effect	169
one year after the effective date of this act.	170

Section 4.  Notwithstanding section 4303.02 or 4303.022 of	171
the Revised Code, on the effective date of this act, the holder of	172
an A-1 or A-1c permit may manufacture beer containing not more	173
than twenty-one per cent of alcohol by volume. Nothing in this	174
section authorizes any person to sell or distribute beer in this	175
state containing more than twelve per cent of alcohol by volume	176
prior to one year after the effective date of this act.	177