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H. B. No. 356 As IntroducedAs Introduced
|129th General Assembly|
Representatives Hagan, R., Henne, Adams, J., Young, Yuko, Ashford, Milkovich, Letson
To amend section 4301.01 and to enact section 4301.71
of the Revised Code to increase the legally
permitted alcohol content of beer and to generally
prohibit the inclusion of caffeine or other
stimulants in beer containing more than 12% of
alcohol by volume.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4301.01 be amended and section
4301.71 of the Revised Code be enacted to read as follows:
Sec. 4301.01. (A) As used in the Revised Code:
(1) "Intoxicating liquor" and "liquor" include all liquids
and compounds, other than beer, containing one-half of one per
cent or more of alcohol by volume which are fit to use for
beverage purposes, from whatever source and by whatever process
produced, by whatever name called, and whether they are medicated,
proprietary, or patented. "Intoxicating liquor" and "liquor"
include wine even if it contains less than four per cent of
alcohol by volume, mixed beverages even if they contain less than
four per cent of alcohol by volume, cider, alcohol, and all solids
and confections which contain any alcohol.
(2) Except as used in sections 4301.01 to 4301.20, 4301.22 to
4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of the
Revised Code, "sale" and "sell" include exchange, barter, gift,
offer for sale, sale, distribution and delivery of any kind, and
the transfer of title or possession of beer and intoxicating
liquor either by constructive or actual delivery by any means or
devices whatever, including the sale of beer or intoxicating
liquor by means of a controlled access alcohol and beverage
cabinet pursuant to section 4301.21 of the Revised Code. "Sale"
and "sell" do not include the mere solicitation of orders for beer
or intoxicating liquor from the holders of permits issued by the
division of liquor control authorizing the sale of the beer or
intoxicating liquor, but no solicitor shall solicit any such
orders until the solicitor has been registered with the division
pursuant to section 4303.25 of the Revised Code.
(3) "Vehicle" includes all means of transportation by land,
by water, or by air, and everything made use of in any way for
(B) As used in this chapter:
(1) "Alcohol" means ethyl alcohol, whether rectified or
diluted with water or not, whatever its origin may be, and
includes synthetic ethyl alcohol. "Alcohol" does not include
denatured alcohol and wood alcohol.
(2) "Beer" includes all beverages brewed or fermented wholly
or in part from malt products and containing one-half of one per
cent or more, but not more than
twelve twenty-one per cent, of
alcohol by volume.
(3) "Wine" includes all liquids fit to use for beverage
purposes containing not less than one-half of one per cent of
alcohol by volume and not more than twenty-one per cent of alcohol
by volume, which is made from the fermented juices of grapes,
fruits, or other agricultural products, except that as used in
sections 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44 of the
Revised Code, and, for purposes of determining the rate of the tax
that applies, division (B) of section 4301.43 of the Revised Code,
"wine" does not include cider.
(4) "Mixed beverages," such as bottled and prepared cordials,
cocktails, and highballs, are products obtained by mixing any type
of whiskey, neutral spirits, brandy, gin, or other distilled
spirits with, or over, carbonated or plain water, pure juices from
flowers and plants, and other flavoring materials. The completed
product shall contain not less than one-half of one per cent of
alcohol by volume and not more than twenty-one per cent of alcohol
(5) "Spirituous liquor" includes all intoxicating liquors
containing more than twenty-one per cent of alcohol by volume.
(6) "Sealed container" means any container having a capacity
of not more than one hundred twenty-eight fluid ounces, the
opening of which is closed to prevent the entrance of air.
(7) "Person" includes firms and corporations.
(8) "Manufacture" includes all processes by which beer or
intoxicating liquor is produced, whether by distillation,
rectifying, fortifying, blending, fermentation, or brewing, or in
any other manner.
(9) "Manufacturer" means any person engaged in the business
of manufacturing beer or intoxicating liquor.
(10) "Wholesale distributor" and "distributor" means a person
engaged in the business of selling to retail dealers for purposes
(11) "Hotel" has the same meaning as in section 3731.01 of
the Revised Code, subject to the exceptions mentioned in section
3731.03 of the Revised Code.
(12) "Restaurant" means a place located in a permanent
building provided with space and accommodations wherein, in
consideration of the payment of money, hot meals are habitually
prepared, sold, and served at noon and evening, as the principal
business of the place. "Restaurant" does not include pharmacies,
confectionery stores, lunch stands, night clubs, and filling
(13) "Club" means a corporation or association of individuals
organized in good faith for social, recreational, benevolent,
charitable, fraternal, political, patriotic, or athletic purposes,
which is the owner, lessor, or occupant of a permanent building or
part of a permanent building operated solely for those purposes,
membership in which entails the prepayment of regular dues, and
includes the place so operated.
(14) "Night club" means a place operated for profit, where
food is served for consumption on the premises and one or more
forms of amusement are provided or permitted for a consideration
that may be in the form of a cover charge or may be included in
the price of the food and beverages, or both, purchased by
(15) "At retail" means for use or consumption by the
purchaser and not for resale.
(16) "Pharmacy" means an establishment, as defined in section
4729.01 of the Revised Code, that is under the management or
control of a licensed pharmacist in accordance with section
4729.27 of the Revised Code.
(17) "Enclosed shopping center" means a group of retail sales
and service business establishments that face into an enclosed
mall, share common ingress, egress, and parking facilities, and
are situated on a tract of land that contains an area of not less
than five hundred thousand square feet. "Enclosed shopping center"
also includes not more than one business establishment that is
located within a free-standing building on such a tract of land,
so long as the sale of beer and intoxicating liquor on the tract
of land was approved in an election held under former section
4301.353 of the Revised Code.
(18) "Controlled access alcohol and beverage cabinet" means a
closed container, either refrigerated, in whole or in part, or
nonrefrigerated, access to the interior of which is restricted by
means of a device that requires the use of a key, magnetic card,
or similar device and from which beer, intoxicating liquor, other
beverages, or food may be sold.
(19) "Community facility" means either of the following:
(a) Any convention, sports, or entertainment facility or
complex, or any combination of these, that is used by or
accessible to the general public and that is owned or operated in
whole or in part by the state, a state agency, or a political
subdivision of the state or that is leased from, or located on
property owned by or leased from, the state, a state agency, a
political subdivision of the state, or a convention facilities
authority created pursuant to section 351.02 of the Revised Code;
(b) An area designated as a community entertainment district
pursuant to section 4301.80 of the Revised Code.
(20) "Low-alcohol beverage" means any brewed or fermented
malt product, or any product made from the fermented juices of
grapes, fruits, or other agricultural products, that contains
either no alcohol or less than one-half of one per cent of alcohol
by volume. The beverages described in division (B)(20) of this
section do not include a soft drink such as root beer, birch beer,
or ginger beer.
(21) "Cider" means all liquids fit to use for beverage
purposes that contain one-half of one per cent of alcohol by
volume, but not more than six per cent of alcohol by weight, and
that are made through the normal alcoholic fermentation of the
juice of sound, ripe apples, including, without limitation,
flavored, sparkling, or carbonated cider and cider made from pure
condensed apple must.
(22) "Sales area or territory" means an exclusive geographic
area or territory that is assigned to a particular A or B permit
holder and that either has one or more political subdivisions as
its boundaries or consists of an area of land with readily
identifiable geographic boundaries. "Sales area or territory" does
not include, however, any particular retail location in an
exclusive geographic area or territory that had been assigned to
another A or B permit holder before April 9, 2001.
Sec. 4301.71. Except as otherwise provided in this section,
no beer containing more than twelve per cent of alcohol by volume
shall include caffeine or other stimulants, including guarana,
ginseng, or taurine.
This section does not apply to beer that has incidental
amounts of caffeine from coffee, chocolate, or tea.
Section 2. That existing section 4301.01 of the Revised Code
is hereby repealed.