(a) Beer or intoxicating liquor that has been lawfully | 36 |
purchased for consumption on the premises where bought from the | 37 |
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a, | 38 |
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, | 39 |
D-5k, D-5l, D-5m, D-7, D-8, E, F, F-2, F-5, F-7, or F-8 permit; | 40 |
(2) A person may have in the person's possession on an F | 51 |
liquor permit premises an opened container of beer or intoxicating | 52 |
liquor that was not purchased from the holder of the F permit if | 53 |
the premises for which the F permit is issued is a music festival | 54 |
and the holder of the F permit grants permission for that | 55 |
possession on the premises during the period for which the F | 56 |
permit is issued. As used in this division, "music festival" means | 57 |
a series of outdoor live musical performances, extending for a | 58 |
period of at least three consecutive days and located on an area | 59 |
of land of at least forty acres. | 60 |
(3)(a) A person may have in the person's possession on a D-2 | 61 |
liquor permit premises an opened or unopened container of wine | 62 |
that was not purchased from the holder of the D-2 permit if the | 63 |
premises for which the D-2 permit is issued is an outdoor | 64 |
performing arts center, the person is attending an orchestral | 65 |
performance, and the holder of the D-2 permit grants permission | 66 |
for the possession and consumption of wine in certain | 67 |
predesignated areas of the premises during the period for which | 68 |
the D-2 permit is issued. | 69 |
(1) "Local entertainment district" means a bounded area that | 113 |
includes or will include a combination of entertainment, retail, | 114 |
educational, sporting, social, cultural, or arts establishments | 115 |
within close proximity to some or all of the following types of | 116 |
establishments within the district, or other types of | 117 |
establishments similar to these: | 118 |
(B) Any owner of property located in a municipal corporation | 137 |
seeking to have that property, or that property and other | 138 |
surrounding property, designated as a local entertainment district | 139 |
shall file an application seeking this designation with the mayor | 140 |
of the municipal corporation in which that property is located. | 141 |
Any owner of property located in the unincorporated area of a | 142 |
county seeking to have that property, or that property and other | 143 |
surrounding property, designated as a local entertainment district | 144 |
shall file an application seeking this designation with the board | 145 |
of county commissioners of the county in whose unincorporated area | 146 |
that property is located. An application to designate an area as a | 147 |
local entertainment district shall contain all of the following: | 148 |
(C) An application relating to an area located in a municipal | 170 |
corporation shall be addressed and submitted to the mayor of the | 171 |
municipal corporation in which the area described in the | 172 |
application is located. The mayor, within thirty days after | 173 |
receiving the application, shall submit the application with the | 174 |
mayor's recommendation to the legislative authority of the | 175 |
municipal corporation. An application relating to an area located | 176 |
in the unincorporated area of a county shall be addressed and | 177 |
submitted to the board of county commissioners of the county in | 178 |
whose unincorporated area the area described in the application is | 179 |
located. The application is a public record for purposes of | 180 |
section 149.43 of the Revised Code upon its receipt by the mayor | 181 |
or board of county commissioners. | 182 |
Within thirty days after it receives the application and the | 183 |
mayor's recommendations relating to the application, the | 184 |
legislative authority of the municipal corporation, by notice | 185 |
published once a week for two consecutive weeks in at least one | 186 |
newspaper of general circulation in the municipal corporation, | 187 |
shall notify the public that the application is on file in the | 188 |
office of the clerk of the municipal corporation and is available | 189 |
for inspection by the public during regular business hours. Within | 190 |
thirty days after it receives the application, the board of county | 191 |
commissioners, by notice published once a week for two consecutive | 192 |
weeks in at least one newspaper of general circulation in the | 193 |
county, shall notify the public that the application is on file in | 194 |
the office of the county auditor and is available for inspection | 195 |
by the public during regular business hours. The notice shall also | 196 |
indicate the date and time of any public hearing by the municipal | 197 |
legislative authority or board of county commissioners on the | 198 |
application. | 199 |
Within seventy-five days after the date the application is | 200 |
filed with the mayor of a municipal corporation, the legislative | 201 |
authority of the municipal corporation by ordinance or resolution | 202 |
shall approve or disapprove the application based on whether the | 203 |
proposed local entertainment district does or will substantially | 204 |
contribute to entertainment, retail, educational, sporting, | 205 |
social, cultural, or arts opportunities for the community. The | 206 |
community considered shall at a minimum include the municipal | 207 |
corporation in which the community is located. Any approval of an | 208 |
application shall be by an affirmative majority vote of the | 209 |
legislative authority. Not more than one local entertainment | 210 |
district shall be designated within the municipal corporation. | 211 |
Within seventy-five days after the date the application is | 212 |
filed with a board of county commissioners, the board by | 213 |
resolution shall approve or disapprove the application based on | 214 |
whether the proposed local entertainment district does or will | 215 |
substantially contribute to entertainment, retail, educational, | 216 |
sporting, social, cultural, or arts opportunities for the | 217 |
community. The community considered shall at a minimum include at | 218 |
least a portion of the county in which the community is located. | 219 |
Any approval of an application shall be by an affirmative majority | 220 |
vote of the board of county commissioners. Not more than one local | 221 |
entertainment district shall be designated within the | 222 |
unincorporated area of the county. | 223 |
(D) All or part of an area designated as a local | 230 |
entertainment district may lose this designation as provided in | 231 |
this division. The legislative authority of a municipal | 232 |
corporation in which a local entertainment district is located, or | 233 |
the board of county commissioners of the county in whose | 234 |
unincorporated area a local entertainment district is located, | 235 |
after giving notice of its proposed action by publication once a | 236 |
week for two consecutive weeks in at least one newspaper of | 237 |
general circulation in the municipal corporation or county, may | 238 |
determine by ordinance or resolution in the case of the | 239 |
legislative authority of a municipal corporation, or by resolution | 240 |
in the case of a board of county commissioners of a county, that | 241 |
all or part of the area fails to meet the standards described in | 242 |
this section for designation of an area as a local entertainment | 243 |
district. If the legislative authority or board so determines, the | 244 |
area designated in the ordinance or resolution no longer | 245 |
constitutes a local entertainment district. | 246 |
(B) A T-1 permit may be issued to any college or university | 257 |
or to any professional athletic team to authorize the college or | 258 |
university or professional athletic team to allow its guests to | 259 |
bring beer and intoxicating liquor in its original package, flask, | 260 |
or other container into an area on property that the college or | 261 |
university or professional athletic team owns or leases, for | 262 |
consumption in that area, if both of the following apply: | 263 |
Sec. 4303.29. (A) No permit, other than an H permit, shall | 279 |
be issued to a firm or partnership unless all the members of the | 280 |
firm or partnership are citizens of the United States. No permit, | 281 |
other than an H permit, shall be issued to an individual who is | 282 |
not a citizen of the United States. No permit, other than an E or | 283 |
H permit, shall be issued to any corporation organized under the | 284 |
laws of any country, territory, or state other than this state | 285 |
until it has furnished the division of liquor control with | 286 |
evidence that it has complied with the laws of this state relating | 287 |
to the transaction of business in this state. | 288 |
Subject to division (B)(2)(b) of this section, not more than | 306 |
one D-3, D-4, or D-5 permit shall be issued for each two thousand | 307 |
population or part of that population in any municipal corporation | 308 |
and in the unincorporated area of any township, except that, in | 309 |
any city of a population of fifty-five thousand or more, one D-3 | 310 |
permit may be issued for each fifteen hundred population or part
| 311 |
of that population. | 312 |
(b)(i) Division (B)(2)(a) of this section does not prohibit | 313 |
the transfer of location or the transfer of ownership and location | 314 |
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal | 315 |
corporation or the unincorporated area of a township in which the | 316 |
number of permits of that class exceeds the number of such permits | 317 |
authorized to be issued under division (B)(2)(a) of this section | 318 |
to an economic development project located in another municipal | 319 |
corporation or the unincorporated area of another township in | 320 |
which no additional permits of that class may be issued to the | 321 |
applicant under division (B)(2)(a) of this section, but the | 322 |
transfer of location or transfer of ownership and location of the | 323 |
permit may occur only if the applicant notifies the municipal | 324 |
corporation or township to which the location of the permit will | 325 |
be transferred regarding the transfer and that municipal | 326 |
corporation or township acknowledges in writing to the division of | 327 |
liquor control, at the time the application for the transfer of | 328 |
location or transfer of ownership and location of the permit is | 329 |
filed, that the transfer will be to an economic development | 330 |
project. This acknowledgment by the municipal corporation or | 331 |
township does not prohibit it from requesting a hearing under | 332 |
section 4303.26 of the Revised Code. The applicant is eligible to | 333 |
apply for and receive the transfer of location of the permit under | 334 |
division (B)(2)(b) of this section if all permits of that class | 335 |
that may be issued under division (B)(2)(a) of this section in the | 336 |
applicable municipal corporation or unincorporated area of the | 337 |
township have already been issued or if the number of applications | 338 |
filed for permits of that class in that municipal corporation or | 339 |
the unincorporated area of that township exceed the number of | 340 |
permits of that class that may be issued there under division | 341 |
(B)(2)(a) of this section. | 342 |
(ii) Factors that shall be used to determine the designation | 350 |
of an economic development project include, but are not limited | 351 |
to, architectural certification of the plans and the cost of the | 352 |
project, the number of jobs that will be created by the project, | 353 |
projected earnings of the project, projected tax revenues for the | 354 |
political subdivisions in which the project will be located, and | 355 |
the amount of financial investment in the project. The | 356 |
superintendent of liquor control shall determine whether the | 357 |
existing or proposed business that is seeking a permit described | 358 |
in division (B)(2)(b) of this section qualifies as an economic | 359 |
development project and, if the superintendent determines that it | 360 |
so qualifies, shall designate the business as an economic | 361 |
development project. | 362 |
(3) Nothing in this section shall be construed to restrict | 363 |
the issuance of a permit to a municipal corporation for use at a | 364 |
municipally owned airport at which commercial airline companies | 365 |
operate regularly scheduled flights on which space is available to | 366 |
the public. A municipal corporation applying for a permit for such | 367 |
a municipally owned airport is exempt, in regard to that | 368 |
application, from the population restrictions contained in this | 369 |
section and from population quota restrictions contained in any | 370 |
rule of the liquor control commission. A municipal corporation | 371 |
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a | 372 |
municipally owned airport is subject to section 4303.31 of the | 373 |
Revised Code. | 374 |
(4) Nothing in this section shall be construed to prohibit | 375 |
the issuance of a D permit to the board of trustees of a soldiers' | 376 |
memorial for a premises located at a soldiers' memorial | 377 |
established pursuant to Chapter 345. of the Revised Code. An | 378 |
application for a D permit by the board for those premises is | 379 |
exempt from the population restrictions contained in this section | 380 |
and from the population quota restrictions contained in any rule | 381 |
of the liquor control commission. The location of a D permit | 382 |
issued to the board for those premises shall not be transferred. A | 383 |
board of trustees of a soldiers' memorial applying for a D-1, D-2, | 384 |
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to | 385 |
section 4303.31 of the Revised Code. | 386 |
(5) Nothing in this section shall be construed to restrict | 387 |
the issuance of a permit for a premises located at a golf course | 388 |
owned by a municipal corporation, township, or county, owned by a | 389 |
park district created under Chapter 1545. of the Revised Code, or | 390 |
owned by the state. The location of such a permit issued on or | 391 |
after September 26, 1984, for a premises located at such a golf | 392 |
course shall not be transferred. Any application for such a permit | 393 |
is exempt from the population quota restrictions contained in this | 394 |
section and from the population quota restrictions contained in | 395 |
any rule of the liquor control commission. A municipal | 396 |
corporation, township, county, park district, or state agency | 397 |
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf | 398 |
course is subject to section 4303.31 of the Revised Code. | 399 |
(6) As used in division (B)(6) of this section, "fair" has | 400 |
the same meaning as in section 991.01 of the Revised Code; "state | 401 |
fairgrounds" means the property that is held by the state for the | 402 |
purpose of conducting fairs, expositions, and exhibits and that is | 403 |
maintained and managed by the Ohio expositions commission under | 404 |
section 991.03 of the Revised Code; "capitol square" has the same | 405 |
meaning as in section 105.41 of the Revised Code; and "Ohio | 406 |
judicial center" means the site of the Ohio supreme court and its | 407 |
grounds. | 408 |
Nothing in this section shall be construed to restrict the | 409 |
issuance of one or more D permits to one or more applicants for | 410 |
all or a part of the state fairgrounds, capitol square, or the | 411 |
Ohio judicial center. An application for a D permit for the state | 412 |
fairgrounds, capitol square, or the Ohio judicial center is exempt | 413 |
from the population quota restrictions contained in this section | 414 |
and from the population quota restrictions contained in any rule | 415 |
of the liquor control commission. The location of a D permit | 416 |
issued for the state fairgrounds, capitol square, or the Ohio | 417 |
judicial center shall not be transferred. An applicant for a D-1, | 418 |
D-2, D-3, or D-5 permit for the state fairgrounds is not subject | 419 |
to section 4303.31 of the Revised Code. | 420 |
(7) Nothing in this section shall be construed to prohibit | 426 |
the issuance of a D permit for a premises located at a zoological | 427 |
park at which sales have been approved in an election held under | 428 |
former section 4301.356 of the Revised Code. An application for a | 429 |
D permit for such a premises is exempt from the population | 430 |
restrictions contained in this section, from the population quota | 431 |
restrictions contained in any rule of the liquor control | 432 |
commission, and from section 4303.31 of the Revised Code. The | 433 |
location of a D permit issued for a premises at such a zoological | 434 |
park shall not be transferred, and no quota or other restrictions | 435 |
shall be placed on the number of D permits that may be issued for | 436 |
a premises at such a zoological park. | 437 |
An application for a D-1, D-2, or D-5 permit for a premises | 456 |
located in a local entertainment district is exempt from the | 457 |
population restrictions established in this section, from the | 458 |
population quota restrictions established in any rule of the | 459 |
liquor control commission, and from section 4303.31 of the Revised | 460 |
Code. Such a D-1, D-2, or D-5 permit shall not be transferred out | 461 |
of the local entertainment district. Not more than one D-1, D-2, | 462 |
or D-5 permit shall be issued within a local entertainment | 463 |
district for each five acres of land located within the district. | 464 |
Not more than ten D-1, D-2, or D-5 permits, or any combination of | 465 |
those permits, may be issued within a single local entertainment | 466 |
district. | 467 |
(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in | 468 |
any election precinct in any municipal corporation or in any | 469 |
election precinct in the unincorporated area of any township, in | 470 |
which at the November, 1933, election a majority of the electors | 471 |
voting thereon in the municipal corporation or in the | 472 |
unincorporated area of the township voted against the repeal of | 473 |
Section 9 of Article XV, Ohio Constitution, unless the sale of | 474 |
spirituous liquor by the glass is authorized by a majority vote of | 475 |
the electors voting on the question in the precinct at an election | 476 |
held pursuant to this section or by a majority vote of the | 477 |
electors of the precinct voting on question (C) at a special local | 478 |
option election held in the precinct pursuant to section 4301.35 | 479 |
of the Revised Code. Upon the request of an elector, the board of | 480 |
elections of the county that encompasses the precinct shall | 481 |
furnish the elector with a copy of the instructions prepared by | 482 |
the secretary of state under division (P) of section 3501.05 of | 483 |
the Revised Code and, within fifteen days after the request, a | 484 |
certificate of the number of signatures required for a valid | 485 |
petition under this section. | 486 |
Upon the petition of thirty-five per cent of the total number | 487 |
of voters voting in any such precinct for the office of governor | 488 |
at the preceding general election, filed with the board of | 489 |
elections of the county in which such precinct is located not | 490 |
later than seventy-five days before a general election, the board | 491 |
shall prepare ballots and hold an election at such general | 492 |
election upon the question of allowing spirituous liquor to be | 493 |
sold by the glass in such precinct. The ballots shall be approved | 494 |
in form by the secretary of state. The results of the election | 495 |
shall be certified by the board to the secretary of state, who | 496 |
shall certify the results to the division. | 497 |
Section 3. Section 4301.62 of the Revised Code is presented | 511 |
in this act as a composite of the section as amended by both Am. | 512 |
Sub. H.B. 562 and Sub. S.B. 150 of the 127th General Assembly. The | 513 |
General Assembly, applying the principle stated in division (B) of | 514 |
section 1.52 of the Revised Code that amendments are to be | 515 |
harmonized if reasonably capable of simultaneous operation, finds | 516 |
that the composite is the resulting version of the section in | 517 |
effect prior to the effective date of the section as presented in | 518 |
this act. | 519 |