As Passed by The House 131st General Assembly Regular Session Am. H. B. No. 351 2015-2016

As Passed by the House
131st General Assembly

Regular Session
Am. H. B. No. 351
2015-2016
Representatives Perales, DeVitis
Cosponsors: Representatives Henne, Hackett, Butler, Ramos, Cera, Becker,
Brenner, Dever, Stinziano, Ruhl, Blessing, Young, Smith, K., Brown, Buchy,
McColley, Anielski, Antonio, Arndt, Baker, Boggs, Burkley, Celebrezze, Clyde,
Driehaus, Duffey, Grossman, Huffman, Koehler, Kunze, Lepore-Hagan, Maag,
Manning, O'Brien, M., Patterson, Retherford, Rogers, Scherer, Schuring, Sheehy,
Sweeney, Thompson
A BILL
To amend sections 4303.021 and 4303.041 of the
Revised Code to increase the amount of
spirituous liquor that an A-3a liquor permit
holder may annually manufacture and to allow an
A-3a permit holder to obtain an A-1-A liquor
permit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4303.021 and 4303.041 of the

Revised Code be amended to read as follows:
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Sec. 4303.021. (A) Permit A-1-A may be issued to the
holder of an A-1, A-1c, or A-2, or A-3a permit to sell beer and
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any intoxicating liquor at retail, only by the individual drink
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in glass or from a container, provided that one of the following
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applies to the A-1-A permit premises:
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(1) It is situated on the same parcel or tract of land as
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Am. H. B. No. 351

Page 2
the related A-1, A-1c, or A-2, or A-3a manufacturing permit
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premises.
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(2) It is separated from the parcel or tract of land on
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which is located the A-1, A-1c, or A-2, or A-3a manufacturing
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permit premises only by public streets or highways or by other
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lands owned by the holder of the A-1, A-1c, or A-2, or A-3a
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permit and used by the holder in connection with or in promotion
21
of the holder's A-1, A-1c, or A-2, or A-3a permit business.
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(3) It In the case of an A-1, A-1c, or A-2 permit holder,
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it is situated on a parcel or tract of land that is not more
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than one-half mile from the A-1, A-1c, or A-2 manufacturing
25
permit premises.
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(B) The fee for this permit is three thousand nine hundred
six dollars.
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(C)(1) The holder of an A-1-A permit may sell beer and any
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intoxicating liquor during the same hours as the holders of D-5
30
permits under this chapter or Chapter 4301. of the Revised Code
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or the rules of the liquor control commission and shall obtain a
32
license as a retail food establishment or a food service
33
operation pursuant to Chapter 3717. of the Revised Code and
34
operate as a restaurant for purposes of this chapter.
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(2) If a permit A-1-A is issued to the holder of an A-1 or
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A-1c permit, the A-1-A permit holder may sell beer at the A-1-A
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permit premises dispensed in glass containers with a capacity
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that does not exceed one gallon and not for consumption on the
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premises where sold if all of the following apply:
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(a) The A-1-A permit premises is situated in the same
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municipal corporation or township as the related A-1 or A-1c
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manufacturing permit premises.
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Am. H. B. No. 351

Page 3
(b) The containers are sealed, marked, and transported in
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accordance with division (E) of section 4301.62 of the Revised
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Code.
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(c) The containers have been cleaned immediately before
47
being filled in accordance with rule 4301:1-1-28 of the
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Administrative Code.
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(D) Except as otherwise provided in this section, the
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division of liquor control shall not issue a new A-1-A permit to
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the holder of an A-1, A-1c, or A-2, or A-3a permit unless the
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sale of beer and intoxicating liquor under class D permits is
53
permitted in the precinct in which the A-1, A-1c, or A-2, or A-
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3a permit is located and, in the case of an A-2 permit, unless
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the holder of the A-2 permit manufactures or has a storage
56
capacity of at least twenty-five thousand gallons of wine per
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year. The immediately preceding sentence does not prohibit the
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issuance of an A-1-A permit to an applicant for such a permit
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who is the holder of an A-1 permit and whose application was
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filed with the division of liquor control before June 1, 1994.
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The liquor control commission shall not restrict the number of
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A-1-A permits which may be located within a precinct.
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Sec. 4303.041. (A) An A-3a permit may be issued to a
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distiller that manufactures less than ten one hundred thousand
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gallons of spirituous liquor per year. An A-3a permit holder may
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sell to a personal consumer, in sealed containers for
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consumption off the premises where manufactured, spirituous
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liquor that the permit holder manufactures, but sales to the
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personal consumer may occur only by an in-person transaction at
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the permit premises. The A-3a permit holder shall not ship,
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send, or use an H permit holder to deliver spirituous liquor to
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the personal consumer.
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Am. H. B. No. 351

"Distiller" means a person in this state who mashes,

ferments, distills, and ages spirituous liquor.
(B)(1) Except as otherwise provided in this section, no A-
Page 4
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3a permit shall be issued unless the sale of spirituous liquor
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by the glass for consumption on the premises or by the package
78
for consumption off the premises is authorized in the election
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precinct in which the A-3a permit is proposed to be located.
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(2) Division (B)(1) of this section does not prohibit the
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issuance of an A-3a permit to an applicant for such a permit who
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has filed an application with the division of liquor control
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before the effective date of this amendment March 22, 2012.
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(C)(1) An A-3a permit holder may offer for sale tasting
85
samples of spirituous liquor. The A-3a permit holder shall not
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serve more than four tasting samples of spirituous liquor per
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person per day. A tasting sample shall not exceed a quarter
88
ounce. Tasting samples shall be only for the purpose of allowing
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a purchaser to determine, by tasting only, the quality and
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character of the spirituous liquor. The tasting samples shall be
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offered for sale in accordance with rules adopted by the
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division of liquor control.
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(2) An A-3a permit holder shall sell not more than one and
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one-half liters of spirituous liquor per day from the permit
95
premises to the same personal consumer.
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An A-3a permit holder may sell spirituous liquor in sealed
97
containers for consumption off the premises where manufactured
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as an independent contractor under agreement, by virtue of the
99
permit, with the division of liquor control. The price at which
100
the A-3a permit holder shall sell each spirituous liquor product
101
to a personal consumer is to be determined by the division of
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Am. H. B. No. 351

Page 5
liquor control. For an A-3a permit holder to purchase and then
103
offer spirituous liquor for retail sale, the spirituous liquor
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need not first leave the physical possession of the A-3a permit
105
holder to be so registered. The spirituous liquor that the A-3a
106
permit holder buys from the division of liquor control shall be
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maintained in a separate area of the permit premises for sale to
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personal consumers. The A-3a permit holder shall sell such
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spirituous liquor in sealed containers for consumption off the
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premises where manufactured as an independent contractor by
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virtue of the permit issued by the division of liquor control,
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but the permit holder shall not be compensated as provided in
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division (A)(1) of section 4301.17 of the Revised Code. Each A-
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3a permit holder shall be subject to audit by the division of
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liquor control.
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(D) The fee for the A-3a permit is two dollars per fiftygallon barrel.
(E) The holder of an A-3a permit may also exercise the
same privileges as the holder of an A-3 permit.
Section 2. That existing sections 4303.021 and 4303.041 of
the Revised Code are hereby repealed.
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As Passed by The House 131st General Assembly Regular Session Am. H. B. No. 351 2015-2016

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As Passed by the House

131st General Assembly

Am. H. B. No. 351

Revised Code to increase the amount of

spirituous liquor that an A-3a liquor permit

holder may annually manufacture and to allow an

A-3a permit holder to obtain an A-1-A liquor

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

Section 1. That sections 4303.021 and 4303.041 of the

Sec. 4303.021. (A) Permit A-1-A may be issued to the

holder of an A-1, A-1c, or A-2, or A-3a permit to sell beer and

any intoxicating liquor at retail, only by the individual drink

in glass or from a container, provided that one of the following

applies to the A-1-A permit premises:

(1) It is situated on the same parcel or tract of land as

Am. H. B. No. 351

the related A-1, A-1c, or A-2, or A-3a manufacturing permit

(2) It is separated from the parcel or tract of land on

which is located the A-1, A-1c, or A-2, or A-3a manufacturing

permit premises only by public streets or highways or by other

lands owned by the holder of the A-1, A-1c, or A-2, or A-3a

permit and used by the holder in connection with or in promotion

of the holder's A-1, A-1c, or A-2, or A-3a permit business.

(3) It In the case of an A-1, A-1c, or A-2 permit holder,

it is situated on a parcel or tract of land that is not more

than one-half mile from the A-1, A-1c, or A-2 manufacturing

intoxicating liquor during the same hours as the holders of D-5

permits under this chapter or Chapter 4301. of the Revised Code

or the rules of the liquor control commission and shall obtain a

license as a retail food establishment or a food service

operation pursuant to Chapter 3717. of the Revised Code and

operate as a restaurant for purposes of this chapter.

(2) If a permit A-1-A is issued to the holder of an A-1 or

permit premises dispensed in glass containers with a capacity

premises where sold if all of the following apply:

(a) The A-1-A permit premises is situated in the same

municipal corporation or township as the related A-1 or A-1c

manufacturing permit premises.

Am. H. B. No. 351

(b) The containers are sealed, marked, and transported in

accordance with division (E) of section 4301.62 of the Revised

being filled in accordance with rule 4301:1-1-28 of the

(D) Except as otherwise provided in this section, the

division of liquor control shall not issue a new A-1-A permit to

the holder of an A-1, A-1c, or A-2, or A-3a permit unless the

sale of beer and intoxicating liquor under class D permits is

permitted in the precinct in which the A-1, A-1c, or A-2, or A-

3a permit is located and, in the case of an A-2 permit, unless

the holder of the A-2 permit manufactures or has a storage

capacity of at least twenty-five thousand gallons of wine per

year. The immediately preceding sentence does not prohibit the

issuance of an A-1-A permit to an applicant for such a permit

who is the holder of an A-1 permit and whose application was

filed with the division of liquor control before June 1, 1994.

The liquor control commission shall not restrict the number of

A-1-A permits which may be located within a precinct.

Sec. 4303.041. (A) An A-3a permit may be issued to a

distiller that manufactures less than ten one hundred thousand