Bill Text: OH HB491 | 2011-2012 | 129th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To designate June as "Ohio Wines Month" and to allow certain agency liquor stores to sell beer, wine, or mixed beverages for on- and off-premises consumption.

Spectrum: Slight Partisan Bill (Republican 48-30)

Status: (Passed) 2012-09-06 - Effective Date [HB491 Detail]

Download: Ohio-2011-HB491-Engrossed.html

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As Passed by the Senate

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 491

Representatives Young, Kozlowski 

Cosponsors: Representatives Uecker, Yuko, Antonio, Ramos, Adams, J., Adams, R., Anielski, Baker, Barnes, Boose, Boyd, Brenner, Bubp, Buchy, Carney, Celebrezze, Damschroder, DeVitis, Dovilla, Driehaus, Duffey, Fedor, Foley, Garland, Gerberry, Goodwin, Grossman, Hall, Hottinger, Lundy, Lynch, Maag, Martin, McClain, Milkovich, Murray, O'Brien, Patmon, Phillips, Reece, Roegner, Ruhl, Slaby, M., Slesnick, Stebelton, Stinziano, Wachtmann, Williams, Winburn 

Senators Beagle, Hughes, Schaffer, Cafaro, Brown, Bacon, Balderson, Burke, Eklund, Gentile, Hite, Jones, Jordan, Kearney, LaRose, Lehner, Manning, Niehaus, Obhof, Oelslager, Peterson, Schiavoni, Seitz, Tavares, Turner, Wagoner, Widener 

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A BILL

To amend section 4301.17 and to enact section 5.2282

1

of the Revised Code to designate June as "Ohio

2

Wines Month" and to allow certain agency liquor

3

stores to sell beer, wine, or mixed beverages for

4

on- and off-premises consumption.

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

Section 1. That section 4301.17 be amended and section 5.2282	6
of the Revised Code be enacted to read as follows:	7

Sec. 5.2282. The month of June is designated as "Ohio Wines	8
Month."	9

Sec. 4301.17.  (A)(1) Subject to local option as provided in	10
sections 4301.32 to 4301.40 of the Revised Code, five state liquor	11
stores or agencies may be established in each county. One	12
additional store may be established in any county for each twenty	13
thousand of population of that county or major fraction thereof in	14
excess of the first forty thousand, according to the last	15
preceding federal decennial census or according to the population	16
estimates certified by the department of development between	17
decennial censuses. A person engaged in a mercantile business may	18
act as the agent for the division of liquor control for the sale	19
of spirituous liquor in a municipal corporation, in the	20
unincorporated area of a township, or in an area designated and	21
approved as a resort area under section 4303.262 of the Revised	22
Code. The division shall fix the compensation for such an agent in	23
the manner it considers best, but the compensation shall not	24
exceed seven per cent of the gross sales made by the agent in any	25
one year.	26

(2) The division shall adopt rules in accordance with Chapter	27
119. of the Revised Code governing the allocation and equitable	28
distribution of agency store contracts. The division shall comply	29
with the rules when awarding a contract under division (A)(1) of	30
this section.	31

(3) Except as otherwise provided in this section and section	32
4301.171 of the Revised Code, no mercantile business that sells	33
beer or intoxicatingan agency store shall not sell spirituous	34
liquor for consumption on the premises under a permit issued by	35
the division shall operate an agency store at the premises. An	36
agency to which a D-1 permit has been issued may offer for sale	37
tasting samples ofsell beer, an agency to which a D-2 permit has	38
been issued may offer for sale tasting samples ofsell wine and	39
mixed beverages, and an agency to which a D-5 permit has been	40
issued may offer for sale tasting samples ofsell beer, wine, and	41
mixed beverages. An agency to which a D-8 permit has been issued	42
may allow the sale of tasting samples of spirituous liquor in	43
accordance with section 4301.171 of the Revised Code. A tasting	44
sample shall not be sold for the purpose of generalGeneral	45
consumption. As used in this section with respect to beer, wine,	46
and mixed beverages, "tasting sample" means a small amount of	47
beer, wine, or mixed beverages that is provided in not more than	48
four servings of not more than two ounces each to an authorized	49
purchaser and that allows the purchaser to determine, by tasting	50
only, the quality and character of the beverageof beer, wine, or	51
mixed beverages shall not be permitted in the area of the agency	52
store in which spirituous liquor is sold.	53

(B) When an agency contract is proposed, when an existing	54
agency contract is assigned, when an existing agency proposes to	55
relocate, or when an existing agency is relocated and assigned,	56
before entering into any contract, consenting to any assignment,	57
or consenting to any relocation, the division shall notify the	58
legislative authority of the municipal corporation in which the	59
agency store is to be located, or the board of county	60
commissioners and the board of township trustees of the county and	61
the township in which the agency store is to be located if the	62
agency store is to be located outside the corporate limits of a	63
municipal corporation, of the proposed contract, assignment, or	64
relocation, and an opportunity shall be provided officials or	65
employees of the municipal corporation or county and township for	66
a complete hearing upon the advisability of entering into the	67
contract or consenting to the assignment or relocation. When the	68
division sends notice to the legislative authority of the	69
political subdivision, the division shall notify, by certified	70
mail or by personal service, the chief peace officer of the	71
political subdivision, who may appear and testify, either in	72
person or through a representative, at any hearing held on the	73
advisability of entering into the contract or consenting to the	74
assignment or relocation.	75

If the proposed agency store, the assignment of an agency	76
contract, or the relocation of an agency store would be located	77
within five hundred feet of a school, church, library, public	78
playground, or township park, the division shall not enter into an	79
agency contract until it has provided notice of the proposed	80
contract to the authorities in control of the school, church,	81
library, public playground, or township park and has provided	82
those authorities with an opportunity for a complete hearing upon	83
the advisability of entering into the contract. If an agency store	84
so located is operating under an agency contract, the division may	85
consent to relocation of the agency store or to the assignment of	86
that contract to operate an agency store at the same location. The	87
division may also consent to the assignment of an existing agency	88
contract simultaneously with the relocation of the agency store.	89
In any such assignment or relocation, the assignee and the	90
location shall be subject to the same requirements that the	91
existing location met at the time that the contract was first	92
entered into as well as any additional requirements imposed by the	93
division in rules adopted by the superintendent of liquor control.	94
The division shall not consent to an assignment or relocation of	95
an agency store until it has notified the authorities in control	96
of the school, church, library, public playground, or township	97
park and has provided those authorities with an opportunity for a	98
complete hearing upon the advisability of consenting to the	99
assignment or relocation.	100

Any hearing provided for in this division shall be held in	101
the central office of the division, except that upon written	102
request of the legislative authority of the municipal corporation,	103
the board of county commissioners, the board of township trustees,	104
or the authorities in control of the school, church, library,	105
public playground, or township park, the hearing shall be held in	106
the county seat of the county where the proposed agency store is	107
to be located.	108

(C) All agency contracts entered into by the division	109
pursuant to this section shall be in writing and shall contain a	110
clause providing for the termination of the contract at will by	111
the division upon its giving ninety days' notice in writing to the	112
agent of its intention to do so. Any agency contract may include a	113
clause requiring the agent to report to the appropriate law	114
enforcement agency the name and address of any individual under	115
twenty-one years of age who attempts to make an illegal purchase.	116

An agent may engage in the selling of beer, mixed beverages,	117
and wine pursuant to permits issued to the agent under Chapter	118
4303. of the Revised Code.	119

The division shall issue a C-1 and C-2 permit to each agent	120
who prior to November 1, 1994, had not been issued both of these	121
permits, notwithstanding the population quota restrictions	122
contained in section 4303.29 of the Revised Code or in any rule of	123
the liquor control commission and notwithstanding the requirements	124
of section 4303.31 of the Revised Code. The location of a C-1 or	125
C-2 permit issued to such an agent shall not be transferred. The	126
division shall revoke any C-1 or C-2 permit issued to an agent	127
under this paragraph if the agent no longer operates an agency	128
store.	129

The division may enter into agreements with the department of	130
development to implement a minority loan program to provide	131
low-interest loans to minority business enterprises, as defined in	132
section 122.71 of the Revised Code, that are awarded liquor agency	133
contracts or assignments.	134

(D) If the division closes a state liquor store and replaces	135
that store with an agency store, any employees of the division	136
employed at that state liquor store who lose their jobs at that	137
store as a result shall be given preference by the agent who	138
operates the agency store in filling any vacancies that occur	139
among the agent's employees, if that preference does not conflict	140
with the agent's obligations pursuant to a collective bargaining	141
agreement.	142

If the division closes a state liquor store and replaces the	143
store with an agency store, any employees of the division employed	144
at the state liquor store who lose their jobs at that store as a	145
result may displace other employees as provided in sections	146
124.321 to 124.328 of the Revised Code. If an employee cannot	147
displace other employees and is laid off, the employee shall be	148
reinstated in another job as provided in sections 124.321 to	149
124.328 of the Revised Code, except that the employee's rights of	150
reinstatement in a job at a state liquor store shall continue for	151
a period of two years after the date of the employee's layoff and	152
shall apply to jobs at state liquor stores located in the	153
employee's layoff jurisdiction and any layoff jurisdiction	154
adjacent to the employee's layoff jurisdiction.	155

(E) The division shall require every agent to give bond with	156
surety to the satisfaction of the division, in the amount the	157
division fixes, conditioned for the faithful performance of the	158
agent's duties as prescribed by the division.	159

Section 2. That existing section 4301.17 of the Revised Code	160
is hereby repealed.	161