Ohio § 4303.021

§ 4303.021.

(A) Permit A-1-A may be issued to the holder of an A-1, A-1c, A-2, A-2f, 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 the related A-1, A-1c, A-2,

A-2f, or A-3a manufacturing permit premises. (2) It is separated from the parcel or tract of land on which is located the A-1, A-1c,

A-2, A-2f, 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, A-2, A-2f, or A-3a permit

and used by the holder in connection with or in promotion of the holder's A-1, A-1c,

A-2, A-2f, or A-3a permit business. (3) In the case of an A-1, A-1c, A-2, or A-2f 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, A-2, or A-2f

manufacturing permit premises. (4) In the case of an A-3a permit holder, it is situated on a parcel or tract of land

that is not more than two hundred feet from the A-3a manufacturing permit premises. (B) The fee for this permit is three thousand nine hundred six dollars. (C)(1) The holder of an A-1-A permit may sell beer and any 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.  Except as provided in division (C)(2) of this section, the permit holder 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) In lieu of obtaining a license as a retail food establishment or food service operation,

an A-1c permit holder may do either of the following: (a) Serve unopened commercially prepackaged meals and nonalcoholic beverages, as well

as beer and intoxicating liquor, under the exemption provided for under sections 3717.22 and 3717.42 of the Revised Code ; (b) Maintain a schedule with the owner or operator of a mobile retail food establishment

or a mobile food service operation licensed under Chapter 3717. of the Revised Code

to serve food to the A-1-A permit holder's customers.  The schedule shall be in writing and agreed upon a week in advance.  In addition, the A-1-A permit holder shall maintain the schedule for a minimum of

one month. (3) If a permit A-1-A is issued to the holder of an A-1 or A-1c permit, the A-1-A permit

holder may sell beer at the A-1-A permit premises dispensed in containers with a capacity

that does not exceed one gallon and not for consumption on the 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. (b) The containers are sealed, marked, and transported in accordance with division (E) of section 4301.62 of the Revised Code . (c) The containers have been cleaned immediately before being filled in accordance with rule 4301:1-1-28 of the Administrative Code . (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, A-2, A-2f, 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, A-2, A-2f, or A-3a permit is located and,

in the case of an A-2 or A-2f permit, unless the holder of the A-2 or A-2f 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.