(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) "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 |
(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 |
(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 |
(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 |
(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 |
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 |