130th Ohio General Assembly
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S. B. No. 116  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 116


Senator Kearney 

Cosponsors: Senators Brown, Seitz 



A BILL
To amend section 4301.62 and to enact section 4301.82 of the Revised Code to allow municipal corporations with a population of more than 50,000 to create municipal entertainment districts and to exempt persons within such districts from the open container law.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4301.62 be amended and section 4301.82 of the Revised Code be enacted to read as follows:
Sec. 4301.62.  (A) As used in this section:
(1) "Chauffeured limousine" means a vehicle registered under section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same meanings as in section 4511.01 of the Revised Code.
(B) No person shall have in the person's possession an opened container of beer or intoxicating liquor in any of the following circumstances:
(1) Except as provided in division (C)(1)(e) of this section, in an agency store;
(2) Except as provided in division (C) of this section, on the premises of the holder of any permit issued by the division of liquor control;
(3) In Except as provided in division (C)(6) of this section, any other public place;
(4) Except as provided in division (D) or (E) of this section, while operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking;
(5) Except as provided in division (D) or (E) of this section, while being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
(C)(1) A person may have in the person's possession an opened container of any of the following:
(a) Beer or intoxicating liquor that has been lawfully purchased for consumption on the premises where bought from the holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or F-8 permit;
(b) Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F-3 permit or wine served for consumption on the premises by the holder of an F-4 or F-6 permit;
(c) Beer or intoxicating liquor consumed on the premises of a convention facility as provided in section 4303.201 of the Revised Code;
(d) Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the liquor control commission;
(e) Spirituous liquor to be consumed for purposes of a tasting sample, as defined in section 4301.171 of the Revised Code.
(2) A person may have in the person's possession on an F liquor permit premises an opened container of beer or intoxicating liquor that was not purchased from the holder of the F permit if the premises for which the F permit is issued is a music festival and the holder of the F permit grants permission for that possession on the premises during the period for which the F permit is issued. As used in this division, "music festival" means a series of outdoor live musical performances, extending for a period of at least three consecutive days and located on an area of land of at least forty acres.
(3)(a) A person may have in the person's possession on a D-2 liquor permit premises an opened or unopened container of wine that was not purchased from the holder of the D-2 permit if the premises for which the D-2 permit is issued is an outdoor performing arts center, the person is attending an orchestral performance, and the holder of the D-2 permit grants permission for the possession and consumption of wine in certain predesignated areas of the premises during the period for which the D-2 permit is issued.
(b) As used in division (C)(3)(a) of this section:
(i) "Orchestral performance" means a concert comprised of a group of not fewer than forty musicians playing various musical instruments.
(ii) "Outdoor performing arts center" means an outdoor performing arts center that is located on not less than one hundred fifty acres of land and that is open for performances from the first day of April to the last day of October of each year.
(4) A person may have in the person's possession an opened or unopened container of beer or intoxicating liquor at an outdoor location at which the person is attending an orchestral performance as defined in division (C)(3)(b)(i) of this section if the person with supervision and control over the performance grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of that outdoor location.
(5) A person may have in the person's possession on an F-9 liquor permit premises an opened or unopened container of beer or intoxicating liquor that was not purchased from the holder of the F-9 permit if the person is attending an orchestral performance and the holder of the F-9 permit grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of the premises during the period for which the F-9 permit is issued.
As used in division (C)(5) of this section, "orchestral performance" has the same meaning as in division (C)(3)(b) of this section.
(6) A person may have in the person's possession an open container of beer or intoxicating liquor that was purchased from the holder of an A-2 or D permit with a municipal entertainment district designation at an outdoor location within the applicable municipal entertainment district. However, no person shall enter the premises of an establishment within the municipal entertainment district while possessing an open container of beer or intoxicating liquor acquired elsewhere.
(D) This section does not apply to a person who pays all or a portion of the fee imposed for the use of a chauffeured limousine pursuant to a prearranged contract, or the guest of the person, when all of the following apply:
(1) The person or guest is a passenger in the limousine.
(2) The person or guest is located in the limousine, but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located.
(3) The limousine is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
(E) An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply:
(1) The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with.
(2) The opened bottle of wine that is resealed in accordance with division (E)(1) of this section is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.
Sec. 4301.82.  (A)(1) As used in this section, "municipal entertainment district" means a bounded area, which may be irregularly shaped, that does not exceed one-half mile by one-half mile and that includes not fewer than a total of four A-2 or D permit holders.
(2) "Municipal corporation" means a municipal corporation with a population of more than fifty thousand people.
(B) A person who is an owner or operator of any establishment located in a municipal corporation who holds an A-2 or D permit may seek to have the property on which the establishment is located, or that property and other surrounding property located in the municipal corporation, designated as a municipal entertainment district. Such a person shall file an application seeking this designation with the mayor of the municipal corporation in which that property is located. An application to designate an area as a municipal entertainment district shall contain all of the following:
(1) The applicant's name and address and the name and address of the establishment;
(2) A map or survey of the proposed municipal entertainment district in sufficient detail to identify the boundaries of the district and the property owned by the applicant;
(3) A general statement of the nature and types of establishments that are or will be located within the proposed municipal entertainment district;
(4) Evidence that the uses of land within the proposed municipal entertainment district are in accord with the municipal corporation's master zoning plan or map;
(5) A handling and processing fee to accompany the application, payable to the applicable municipal corporation, in an amount to be determined by that municipal corporation.
(C) An application described in division (B) of this section shall be addressed and submitted to the mayor of the municipal corporation in which the area described in the application is located. The mayor, within thirty days after receiving the application, shall submit the application with the mayor's recommendation to the legislative authority of the municipal corporation.
Within thirty days after it receives the application and the mayor's recommendation relating to the application, the legislative authority of the municipal corporation, by notice published once a week for two consecutive weeks in one newspaper of general circulation in the municipal corporation or as provided in section 7.16 of the Revised Code, shall notify the public that the application is on file in the office of the clerk of the municipal corporation and is available for inspection by the public during regular business hours. The notice also shall indicate the date and time of any public hearing on the application by the legislative authority.
Within seventy-five days after the date the application is filed with the mayor of a municipal corporation, the legislative authority of the municipal corporation shall approve or disapprove the application by either ordinance or resolution. Any approval of an application shall be by an affirmative majority vote of the legislative authority, and any area approved by the legislative authority constitutes a municipal entertainment district. If the legislative authority disapproves the application, the applicant may make changes in the application to secure its approval by the legislative authority.
(D) The number of municipal entertainment districts that may be created within a municipal corporation shall be limited as follows:
(1) Not more than three municipal entertainment districts shall be created in a municipal corporation with a population of three hundred thousand or more.
(2) Not more than two municipal entertainment districts shall be created in a municipal corporation with a population of more than one hundred fifty thousand but less than three hundred thousand.
(3) Not more than one municipal entertainment district shall be created in a municipal corporation with a population of more than fifty thousand but less than or equal to one hundred fifty thousand.
For purposes of this section, the population of a municipal corporation shall be the population shown by the most recent regular federal census.
(E) After a municipal entertainment district has been approved, the division of liquor control, for purposes of section 4301.62 of the Revised Code, may issue a municipal entertainment district designation to any A-2 or D permit holder located within the entertainment district that is in compliance with all applicable requirements under Chapters 4301. and 4303. of the Revised Code. Any permit holder that receives a municipal entertainment district designation shall comply with all laws, rules, and regulations, which govern its license type.
(F) All or part of an area designated as a municipal entertainment district may lose this designation as provided in this division. The legislative authority of a municipal corporation in which a municipal entertainment district is located, after giving notice of its proposed action by publication once a week for two consecutive weeks in one newspaper of general circulation in the municipal corporation or as provided in section 7.16 of the Revised Code, may determine by ordinance or resolution that all or a part of the municipal entertainment district shall be dissolved. If the legislative authority so determines, the area designated in the ordinance or resolution no longer constitutes a municipal entertainment district and the division of liquor control shall revoke all municipal entertainment designations issued to A-2 or D permit holders in the dissolved district or portion of the district.
Section 2. That existing section 4301.62 of the Revised Code is hereby repealed.
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