Bill Text: OH SB173 | 2013-2014 | 130th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To modify the law governing tasting samples of beer and intoxicating liquor and to allow an F-6 liquor permit to be issued for the same location as an F-8 liquor permit, provided that the two permits are not exercised concurrently.
Spectrum: Slight Partisan Bill (Republican 26-10)
Status: (Passed) 2014-07-10 - Effective Date [SB173 Detail]
Download: Ohio-2013-SB173-Comm_Sub.html
As Reported by the House Policy and Legislative Oversight Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To modify the law governing tasting samples of beer and intoxicating liquor and to allow an F-6 liquor permit to be issued for the same location as an F-8 liquor permit, provided that the two permits are not exercised concurrently.
Spectrum: Slight Partisan Bill (Republican 26-10)
Status: (Passed) 2014-07-10 - Effective Date [SB173 Detail]
Download: Ohio-2013-SB173-Comm_Sub.html
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Senator Hughes
Cosponsors:
Senators Seitz, Uecker, Schiavoni, Balderson, Coley, Eklund, Hite, Jordan, Kearney, Oelslager
Representatives Dovilla, Buchy, Gerberry
To amend sections 4301.171, 4303.184, 4303.208, and | 1 |
4303.251 of the Revised Code to modify the law | 2 |
governing tasting samples of beer and intoxicating | 3 |
liquor and to allow an F-6 liquor permit to be | 4 |
issued for the same location as an F-8 liquor | 5 |
permit, provided that the two permits are not | 6 |
exercised concurrently. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.171, 4303.184, 4303.208, and | 8 |
4303.251 of the Revised Code be amended to read as follows: | 9 |
Sec. 4301.171. (A) As used in this section: | 10 |
(1) "Broker" and "solicitor" have the same meanings as in | 11 |
rules adopted by the superintendent of liquor control under | 12 |
section 4303.25 of the Revised Code. | 13 |
(2) "Tasting sample" means a small amount of spirituous | 14 |
liquor that is provided in a serving of not more than a quarter | 15 |
ounce of spirituous liquor and, if provided, not more than one | 16 |
ounce of nonalcoholic mixer to an authorized purchaser and that | 17 |
allows the purchaser to determine, by tasting only, the quality | 18 |
and character of the beverage. | 19 |
(3) "Trade marketing company" means a company that solicits | 20 |
the purchase of beer and intoxicating liquor and educates the | 21 |
public about beer and intoxicating liquor. | 22 |
(4) "Trade marketing professional" means an individual who is | 23 |
an employee of, or is under contract with, a trade marketing | 24 |
company and who has successfully completed a training program | 25 |
described in section 4301.253 of the Revised Code. | 26 |
(B) Notwithstanding section 4301.24 of the Revised Code, an | 27 |
agency store to which a D-8 permit has been issued may allow a | 28 |
trade marketing professional, broker, or solicitor to offer for | 29 |
sale tasting samples of spirituous liquor when conducted in | 30 |
accordance with this section. A tasting sample shall not be sold | 31 |
for the purpose of general consumption. | 32 |
(C) Tasting samples of spirituous liquor may be offered for | 33 |
sale at an agency store by a trade marketing professional, broker, | 34 |
or solicitor if all of the following apply: | 35 |
(1) The tasting samples are sold only in the area of the | 36 |
agency store in which spirituous liquor is sold and that area is | 37 |
open to the public. | 38 |
(2) The tasting samples are sold only by the trade marketing | 39 |
professional, broker, or solicitor. | 40 |
(3) The spirituous liquor is registered under division (A)(8) | 41 |
of section 4301.10 of the Revised Code. | 42 |
(4) Not less than | 43 |
the trade marketing professional, broker, or solicitor has | 44 |
provided written notice to the division of liquor control of the | 45 |
date and time of the sampling, and of the type and brand of | 46 |
spirituous liquor to be sampled at the agency store. | 47 |
(D) A sale of tasting samples of spirituous liquor is subject | 48 |
to rules adopted by the superintendent of liquor control or the | 49 |
liquor control commission. | 50 |
(E) An offering for sale of tasting samples of spirituous | 51 |
liquor shall be limited to a period of not more than two hours. | 52 |
(F) For purposes of offering for sale tasting samples of | 53 |
spirituous liquor, | 54 |
solicitor shall purchase the spirituous liquor from the agency | 55 |
store | 56 |
price. An authorized purchaser shall be charged not less than | 57 |
fifty cents for each tasting sample of spirituous liquor. | 58 |
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an agency store is completed, any bottles of spirituous liquor | 67 |
used to provide tasting samples that are not empty shall be marked | 68 |
as "sample" and removed from the agency store by the trade | 69 |
marketing professional, broker, or solicitor, as applicable. | 70 |
(G) No trade marketing professional, broker, or solicitor | 71 |
shall do any of the following: | 72 |
(1) Advertise the offering for sale of tasting samples of | 73 |
spirituous liquor other than at the agency store where the tasting | 74 |
samples will be offered; | 75 |
(2) Solicit orders or make sales of tasting samples of | 76 |
spirituous liquor for quantities greater than those specified in | 77 |
division (G)(3) of this section; | 78 |
(3) Allow any authorized purchaser to consume more than four | 79 |
tasting samples of spirituous liquor per day. | 80 |
(H) The purchase of a tasting sample of spirituous liquor | 81 |
shall not be contingent upon the purchase of any other product | 82 |
from an agency store. | 83 |
(I) No employee of an agency store that allows the sale of | 84 |
tasting samples of spirituous liquor shall purchase or consume a | 85 |
tasting sample while on duty. | 86 |
(J) If an employee of an agency store that allows the sale of | 87 |
tasting samples of spirituous liquor consumes a tasting sample of | 88 |
spirituous liquor, the employee shall not perform the employee's | 89 |
duties and responsibilities at the agency store on the day the | 90 |
tasting sample is consumed. | 91 |
(K) No person under twenty-one years of age shall consume a | 92 |
tasting sample of spirituous liquor. | 93 |
(L) Not more than | 94 |
tasting samples of spirituous liquor are offered shall occur at an | 95 |
agency store in a calendar month provided that: | 96 |
(1) Not more than two events shall occur in the same day; and | 97 |
(2) There is not less than one hour between the end of one | 98 |
event and the beginning of the next event. | 99 |
(M) No trade marketing professional, trade marketing company, | 100 |
broker, solicitor, owner or operator of an agency store, or an | 101 |
agent or employee of the owner or operator shall violate this | 102 |
section or any rules adopted by the superintendent or the | 103 |
commission for the purposes of this section. | 104 |
Sec. 4303.184. (A) Subject to division (B) of this section, | 105 |
a D-8 permit may be issued to either of the following: | 106 |
(1) An agency store; | 107 |
(2) The holder of a C-1, C-2, or C-2x permit issued to a | 108 |
retail store that has | 109 |
(a) The store has at least five thousand five hundred square | 110 |
feet of floor area, and it generates more than sixty per cent of | 111 |
its sales in general merchandise items and food for consumption | 112 |
off the premises where sold. | 113 |
(b) The store is located in a municipal corporation or | 114 |
township with a population of five thousand or less, has at least | 115 |
four thousand five hundred square feet of floor area, and | 116 |
generates more than sixty per cent of its sales in general | 117 |
merchandise items and food for consumption off the premises where | 118 |
sold. | 119 |
(c) Wine constitutes at least sixty per cent of the value of | 120 |
the store's inventory. | 121 |
(B) A D-8 permit may be issued to the holder of a C-1, C-2, | 122 |
or C-2x permit only if the premises of the permit holder are | 123 |
located in a precinct, or at a particular location in a precinct, | 124 |
in which the sale of beer, wine, or mixed beverages is permitted | 125 |
for consumption off the premises where sold. Sales under a D-8 | 126 |
permit are not affected by whether sales for consumption on the | 127 |
premises where sold are permitted in the precinct or at the | 128 |
particular location where the D-8 premises are located. | 129 |
(C)(1) The holder of a D-8 permit described in division | 130 |
(A)(2) of this section may sell tasting samples of beer, wine, and | 131 |
mixed beverages, but not spirituous liquor, at retail, for | 132 |
consumption on the premises where sold in an amount not to exceed | 133 |
two ounces or another amount designated by rule of the liquor | 134 |
control commission. A tasting sample shall not be sold for general | 135 |
consumption. | 136 |
(2) The holder of a D-8 permit described in division (A)(1) | 137 |
of this section may allow the sale of tasting samples of | 138 |
spirituous liquor in accordance with section 4301.171 of the | 139 |
Revised Code. | 140 |
(3) No D-8 permit holder described in division (A)(2) of this | 141 |
section shall allow any authorized purchaser to consume more than | 142 |
four tasting samples of beer, wine, or mixed beverages, or any | 143 |
combination of beer, wine, or mixed beverages, per day. | 144 |
(D)(1) Notwithstanding sections 4303.11 and 4303.121 of the | 145 |
Revised Code, the holder of a D-8 permit described in division | 146 |
(A)(2) of this section may sell beer that is dispensed from | 147 |
containers that have a capacity equal to or greater than five and | 148 |
one-sixth gallons if all of the following conditions are met: | 149 |
(a) A product registration fee for the beer has been paid as | 150 |
required in division (A)(8)(b) of section 4301.10 of the Revised | 151 |
Code. | 152 |
(b) The beer is dispensed only in glass containers whose | 153 |
capacity does not exceed one gallon and not for consumption on the | 154 |
premises where sold. | 155 |
(c) The containers are sealed, marked, and transported in | 156 |
accordance with division (E) of section 4301.62 of the Revised | 157 |
Code. | 158 |
(d) The containers have been cleaned immediately before being | 159 |
filled in accordance with rule 4301:1-1-28 of the Administrative | 160 |
Code. | 161 |
(2) Beer that is sold and dispensed under division (D)(1) of | 162 |
this section is subject to both of the following: | 163 |
(a) All applicable rules adopted by the liquor control | 164 |
commission, including, but not limited to, rule 4301:1-1-27 and | 165 |
rule 4301:1-1-72 of the Administrative Code; | 166 |
(b) All applicable federal laws and regulations. | 167 |
(E) The privileges authorized for the holder of a D-8 permit | 168 |
described in division (A)(2) of this section may only be exercised | 169 |
in conjunction with and during the hours of operation authorized | 170 |
by a C-1, C-2, C-2x, or D-6 permit. | 171 |
(F) A D-8 permit shall not be transferred to another | 172 |
location. | 173 |
(G) The fee for the D-8 permit is five hundred dollars. | 174 |
Sec. 4303.208. (A)(1) The division of liquor control may | 175 |
issue an F-8 permit to a not-for-profit organization that manages, | 176 |
for the benefit of the public and by contract with a political | 177 |
subdivision of this state, publicly owned property to sell beer or | 178 |
intoxicating liquor by the individual drink at specific events | 179 |
conducted on the publicly owned property and appurtenant streets, | 180 |
but only if, and then only at times at which, the sale of beer and | 181 |
intoxicating liquor on the premises is otherwise permitted by law. | 182 |
Additionally, an F-8 permit may be issued only if the publicly | 183 |
owned property is located in a county that has a population of | 184 |
between seven hundred fifty thousand and nine hundred thousand on | 185 |
July 10, 2007. | 186 |
(2) The premises on which an F-8 permit will be used shall be | 187 |
clearly defined and sufficiently restricted to allow proper | 188 |
supervision of the permit's use by state and local law enforcement | 189 |
officers. Sales under an F-8 permit shall be confined to the same | 190 |
hours permitted to the holder of a D-3 permit. | 191 |
(3) The fee for an F-8 permit is one thousand seven hundred | 192 |
dollars. An F-8 permit is effective for a period not to exceed | 193 |
nine months as specified in the permit. An F-8 permit is not | 194 |
transferable or renewable. However, the holder of an F-8 permit | 195 |
may apply for a new F-8 permit at any time. An F-8 permit is not | 196 |
effective until any F-8 permit currently held expires. The holder | 197 |
of an F-8 permit shall make sales only at those specific events | 198 |
about which the permit holder has notified in advance the division | 199 |
of liquor control, the department of public safety, and the chief, | 200 |
sheriff, or other principal peace officer of the local law | 201 |
enforcement agencies having jurisdiction over the premises. | 202 |
(B)(1) An application for the issuance of an F-8 permit is | 203 |
subject to the notice and hearing requirements established in | 204 |
division (A) of section 4303.26 of the Revised Code. | 205 |
(2) The liquor control commission shall adopt under Chapter | 206 |
119. of the Revised Code rules necessary to administer this | 207 |
section. | 208 |
(C) No F-8 permit holder shall sell beer or intoxicating | 209 |
liquor beyond the hours of sale allowed by the permit. This | 210 |
division imposes strict liability on the holder of an F-8 permit | 211 |
and on any officer, agent, or employee of that permit holder. | 212 |
(D) Nothing in this section prohibits the division from | 213 |
issuing an F-2 or F-6 permit for a specific event not conducted by | 214 |
the holder of an F-8 permit provided that the holder of the F-8 | 215 |
permit certifies to the division that it will not exercise its | 216 |
permit privileges during that specific event. | 217 |
Sec. 4303.251. (A) A manufacturer, supplier, broker, or | 218 |
wholesale distributor of beer or intoxicating liquor, or an agent, | 219 |
solicitor, or salesperson who is registered under section 4303.25 | 220 |
of the Revised Code and who represents the manufacturer, supplier, | 221 |
broker, or wholesale distributor of beer or intoxicating liquor, | 222 |
may conduct consumer product instruction, or provide sample | 223 |
servings of the manufacturer's, supplier's, broker's, or wholesale | 224 |
distributor's products, on the premises of a retail permit holder | 225 |
who is authorized to sell the products for on-premises | 226 |
consumption, without the manufacturer, supplier, broker, wholesale | 227 |
distributor, agent, solicitor, or salesperson having to be issued | 228 |
a retail permit under this chapter. The person providing a sample | 229 |
serving shall purchase the beer or intoxicating liquor at the | 230 |
ordinary retail price from the retail permit holder whose premises | 231 |
are involved. The liquor control commission shall adopt rules in | 232 |
accordance with Chapter 119. of the Revised Code to implement this | 233 |
section. | 234 |
(B) A manufacturer, supplier, or broker of beer, wine, or | 235 |
mixed beverages, or an agent, solicitor, or salesperson who is | 236 |
registered under section 4303.25 of the Revised Code and who | 237 |
represents the manufacturer, supplier, or broker of beer, wine, or | 238 |
mixed beverages, may conduct consumer product instruction, or | 239 |
provide sample servings of the manufacturer's, supplier's, or | 240 |
broker's products on the premises of a retail permit holder who | 241 |
holds a D-8 permit and who is authorized to sell the products for | 242 |
off-premises consumption, without the manufacturer, supplier, | 243 |
broker, agent, solicitor, or salesperson having to be issued a | 244 |
retail permit under this chapter. The person providing a sample | 245 |
serving shall purchase the beer, wine, or mixed beverages at the | 246 |
ordinary retail price from the D-8 permit holder and shall limit | 247 |
the amount and frequency of the sample servings to those | 248 |
authorized pursuant to the D-8 permit. The liquor control | 249 |
commission shall adopt rules in accordance with Chapter 119. of | 250 |
the Revised Code to implement this section. | 251 |
Division (B) of this section does not apply to a wholesale | 252 |
distributor. | 253 |
Section 2. That existing sections 4301.171, 4303.184, | 254 |
4303.208, and 4303.251 of the Revised Code are hereby repealed. | 255 |