Ohio § 4303.181

§ 4303.181.

(A) Permit D-5a may be issued either to the owner or operator of a hotel or motel that

is required to be licensed under section 3731.03 of the Revised Code , that contains at least fifty rooms for registered transient guests or is owned by

a state institution of higher education as defined in section 3345.011 of the Revised Code or a private college or university, and that qualifies under the other requirements

of this section, or to the owner or operator of a restaurant specified under this

section, to sell beer and any intoxicating liquor at retail, only by the individual

drink in glass and from the container, for consumption on the premises where sold,

and to registered guests in their rooms, which may be sold by means of a controlled

access alcohol and beverage cabinet in accordance with division (B) of section 4301.21 of the Revised Code ;  and to sell the same products in the same manner and amounts not for consumption

on the premises as may be sold by holders of D-1 and D-2 permits.  The premises of the hotel or motel shall include a retail food establishment or

a food service operation licensed pursuant to Chapter 3717. of the Revised Code that

operates as a restaurant for purposes of this chapter and that is affiliated with

the hotel or motel and within or contiguous to the hotel or motel, and that serves

food within the hotel or motel, but the principal business of the owner or operator

of the hotel or motel shall be the accommodation of transient guests.  In addition to the privileges authorized in this division, the holder of a D-5a

permit may exercise the same privileges, and shall observe the same hours of operation,

as the holder of a D-5 permit. The owner or operator of a hotel, motel, or restaurant who qualified for and held

a D-5a permit on August 4, 1976, may, if the owner or operator held another permit

before holding a D-5a permit, either retain a D-5a permit or apply for the permit

formerly held, and the division of liquor control shall issue the permit for which

the owner or operator applies and formerly held, notwithstanding any quota. A D-5a permit shall not be transferred to another location.  No quota restriction shall be placed on the number of D-5a permits that may be issued. The fee for this permit is two thousand three hundred forty-four dollars. (B) Permit D-5b may be issued to the owner, operator, tenant, lessee, or occupant of

an enclosed shopping center to sell beer and intoxicating liquor at retail, only by

the individual drink in glass and from the container, for consumption on the premises

where sold;  and to sell the same products in the same manner and amount not for consumption

on the premises as may be sold by holders of D-1 and D-2 permits.  In addition to the privileges authorized in this division, the holder of a D-5b

permit may exercise the same privileges, and shall observe the same hours of operation,

as a holder of a D-5 permit. A D-5b permit shall not be transferred to another location. One D-5b permit may be issued at an enclosed shopping center containing at least two

hundred twenty-five thousand, but less than four hundred thousand, square feet of

floor area. Two D-5b permits may be issued at an enclosed shopping center containing at least

four hundred thousand square feet of floor area.  No more than one D-5b permit may be issued at an enclosed shopping center for each

additional two hundred thousand square feet of floor area or fraction of that floor

area, up to a maximum of five D-5b permits for each enclosed shopping center.  The number of D-5b permits that may be issued at an enclosed shopping center shall

be determined by subtracting the number of D-3 and D-5 permits issued in the enclosed

shopping center from the number of D-5b permits that otherwise may be issued at the

enclosed shopping center under the formulas provided in this division.  Except as provided in this section, no quota shall be placed on the number of D-5b

permits that may be issued.  Notwithstanding any quota provided in this section, the holder of any D-5b permit

first issued in accordance with this section is entitled to its renewal in accordance

with section 4303.271 of the Revised Code . The holder of a D-5b permit issued before April 4, 1984, whose tenancy is terminated

for a cause other than nonpayment of rent, may return the D-5b permit to the division

of liquor control, and the division shall cancel that permit.  Upon cancellation of that permit and upon the permit holder's payment of taxes,

contributions, premiums, assessments, and other debts owing or accrued upon the date

of cancellation to this state and its political subdivisions and a filing with the

division of a certification of that payment, the division shall issue to that person

either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as that person requests.  The division shall issue the D-5 permit, or the D-1, D-2, and D-3 permits, even

if the number of D-1, D-2, D-3, or D-5 permits currently issued in the municipal corporation

or in the unincorporated area of the township where that person's proposed premises

is located equals or exceeds the maximum number of such permits that can be issued

in that municipal corporation or in the unincorporated area of that township under

the population quota restrictions contained in section 4303.29 of the Revised Code .  Any D-1, D-2, D-3, or D-5 permit so issued shall not be transferred to another location.  If a D-5b permit is canceled under the provisions of this paragraph, the number

of D-5b permits that may be issued at the enclosed shopping center for which the D-5b

permit was issued, under the formula provided in this division, shall be reduced by

one if the enclosed shopping center was entitled to more than one D-5b permit under

the formula. The fee for this permit is two thousand three hundred forty-four dollars. (C) Permit D-5c may be issued to the owner or operator of a retail food establishment

or a food service operation licensed pursuant to Chapter 3717. of the Revised Code

that operates as a restaurant for purposes of this chapter and that qualifies under

the other requirements of this section to sell beer and any intoxicating liquor at

retail, only by the individual drink in glass and from the container, for consumption

on the premises where sold, and to sell the same products in the same manner and amounts

not for consumption on the premises as may be sold by holders of D-1 and D-2 permits.  In addition to the privileges authorized in this division, the holder of a D-5c

permit may exercise the same privileges, and shall observe the same hours of operation,

as the holder of a D-5 permit. To qualify for a D-5c permit, the owner or operator of a retail food establishment

or a food service operation licensed pursuant to Chapter 3717. of the Revised Code

that operates as a restaurant for purposes of this chapter, shall have operated the

restaurant at the proposed premises for not less than twenty-four consecutive months

immediately preceding the filing of the application for the permit, have applied for

a D-5 permit no later than December 31, 1988, and appear on the division's quota waiting

list for not less than six months immediately preceding the filing of the application

for the permit.  In addition to these requirements, the proposed D-5c permit premises shall be located

within a municipal corporation and further within an election precinct that, at the

time of the application, has no more than twenty-five per cent of its total land area

zoned for residential use. A D-5c permit shall not be transferred to another location.  No quota restriction shall be placed on the number of such permits that may be issued. Any person who has held a D-5c permit for at least two years may apply for a D-5 permit,

and the division of liquor control shall issue the D-5 permit notwithstanding the

quota restrictions contained in section 4303.29 of the Revised Code or in any rule of the liquor control commission. The fee for this permit is one thousand five hundred sixty-three dollars. (D)(1) Permit D-5d may be issued to the owner or operator of a retail food establishment

or a food service operation licensed pursuant to Chapter 3717. of the Revised Code

that operates as a restaurant for purposes of this chapter and that is located at

an airport operated by a municipal corporation, at an airport operated by a board

of county commissioners pursuant to section 307.20 of the Revised Code , at an airport operated by a port authority pursuant to Chapter 4582. of the Revised

Code, or at an airport operated by a regional airport authority pursuant to Chapter

308. of the Revised Code. (2) The holder of a D-5d permit may sell either of the following: (a) Beer and any intoxicating liquor at retail, only by the individual drink in glass

and from the container, for consumption on the premises where sold.  In addition, such consumption may occur in the area of the airport terminal that

is restricted to persons taking flights to and from the airport, provided all of the

following apply: (i) The airport's governing body authorizes the consumption of beer and intoxicating

liquor in that area. (ii) The D-5d permit holder is located in that area. (iii) The airport is a public-use airport, as defined in section 4563.30 of the Revised Code , that has commercial flight activity and has one or more passenger or property screening

checkpoints or restricted areas used as security measures. (iv) The beer or intoxicating liquor is served solely in plastic bottles or other plastic

containers that clearly identify the D-5d permit holder. (b) The same products in the same manner and amounts not for consumption on the premises

where sold as may be sold by the holders of D-1 and D-2 permits. In addition to the privileges authorized in division (D) of this section, the holder

of a D-5d permit may exercise the same privileges, and shall observe the same hours

of operation, as the holder of a D-5 permit. (3) A D-5d permit shall not be transferred to another location.  No quota restrictions shall be placed on the number of such permits that may be

issued. (4) The fee for the D-5d permit is two thousand three hundred forty-four dollars. (E) Permit D-5e may be issued to any nonprofit organization that is exempt from federal

income taxation under the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C.A. 501(c)(3) , as amended, or that is a charitable organization under any chapter of the Revised

Code, and that owns or operates a riverboat that meets all of the following: (1) Is permanently docked at one location; (2) Is designated as an historical riverboat by the Ohio history connection; (3) Contains not less than fifteen hundred square feet of floor area; (4) Has a seating capacity of fifty or more persons. The holder of a D-5e permit may sell beer and intoxicating liquor at retail, only

by the individual drink in glass and from the container, for consumption on the premises

where sold. A D-5e permit shall not be transferred to another location.  No quota restriction shall be placed on the number of such permits that may be issued.  The population quota restrictions contained in section 4303.29 of the Revised Code or in any rule of the liquor control commission shall not apply to this division,

and the division shall issue a D-5e permit to any applicant who meets the requirements

of this division.  However, the division shall not issue a D-5e permit if the permit premises or proposed

permit premises are located within an area in which the sale of spirituous liquor

by the glass is prohibited. In addition to the privileges authorized in this division, the holder of a D-5e permit

may exercise the same privileges, and shall observe the same hours of operation, as

the holder of a D-5 permit. The fee for this permit is one thousand two hundred nineteen dollars. (F) Permit D-5f may be issued to the owner or operator of a retail food establishment

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

operates as a restaurant for purposes of this chapter and that meets all of the following: (1) It contains not less than twenty-five hundred square feet of floor area. (2) It is located on or in, or immediately adjacent to, the shoreline of, a navigable

river. (3) It provides docking space for twenty-five boats. (4) It provides entertainment and recreation, provided that not less than fifty per cent

of the business on the permit premises shall be preparing and serving meals for a

consideration. In addition, each application for a D-5f permit shall be accompanied by a certification

from the local legislative authority that the issuance of the D-5f permit is not inconsistent

with that political subdivision's comprehensive development plan or other economic

development goal as officially established by the local legislative authority. The holder of a D-5f permit may sell beer and intoxicating liquor at retail, only

by the individual drink in glass and from the container, for consumption on the premises

where sold. A D-5f permit shall not be transferred to another location. The division of liquor control shall not issue a D-5f permit if the permit premises

or proposed permit premises are located within an area in which the sale of spirituous

liquor by the glass is prohibited.  In addition to the privileges authorized in this division, the holder of a D-5f

permit may exercise the same privileges, and shall observe the same hours of operation,

as the holder of a D-5 permit. A fee for this permit is two thousand three hundred forty-four dollars. As used in this division, “ navigable river ” means a river that is also a “navigable water” as defined in the “Federal Power

Act,” 94 Stat. 770 (1980), 16 U.S.C. 796 . (G) Permit D-5g may be issued to a nonprofit corporation that is either the owner or

the operator of a national professional sports museum.  The holder of a D-5g permit may sell beer and any intoxicating liquor at retail,

only by the individual drink in glass and from the container, for consumption on the

premises where sold.  The holder of a D-5g permit shall sell no beer or intoxicating liquor for consumption

on the premises where sold after two-thirty a.m.  A D-5g permit shall not be transferred to another location.  No quota restrictions shall be placed on the number of D-5g permits that may be

issued.  In addition to the privileges authorized in this division, the holder of a D-5g

permit may exercise the same privileges, and shall observe the same hours of operation,

as the holder of a D-5 permit. The fee for this permit is one thousand eight hundred seventy-five dollars. (H)(1) Permit D-5h may be issued to any nonprofit organization that is exempt from federal

income taxation under the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C.A. 501(c)(3) , as amended, that owns or operates any of the following: (a) A fine arts museum, provided that the nonprofit organization has no less than one

thousand five hundred bona fide members possessing full membership privileges; (b) A community arts center.  As used in division (H)(1)(b) of this section, “ community arts center ” means a facility that provides arts programming to the community in more than one

arts discipline, including, but not limited to, exhibits of works of art and performances

by both professional and amateur artists. (c) A community theater, provided that the nonprofit organization is a member of the

Ohio arts council and the American community theatre association and has been in existence

for not less than ten years.  As used in division (H)(1)(c) of this section, “ community theater ” means a facility that contains at least one hundred fifty seats and has a primary

function of presenting live theatrical performances and providing recreational opportunities

to the community. (2) The holder of a D-5h permit may sell beer and any intoxicating liquor at retail,

only by the individual drink in glass and from the container, for consumption on the

premises where sold.  A D-5h permit shall not be transferred to another location.  No quota restrictions shall be placed on the number of D-5h permits that may be

issued. (3) In addition to the privileges authorized in this division, the holder of a D-5h permit

may exercise the same privileges, and shall observe the same hours of operation, as

the holder of a D-5 permit. (4) The fee for a D-5h permit is one thousand eight hundred seventy-five dollars. (I) Permit D-5i may be issued to the owner or operator of a retail food establishment

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

operates as a restaurant for purposes of this chapter and that meets all of the following

requirements: (1) It is located in a municipal corporation or a township with a population of one hundred

thousand or less. (2) It has inside seating capacity for at least one hundred forty persons. (3) It has at least four thousand square feet of floor area. (4) It offers full-course meals, appetizers, and sandwiches. (5) Its receipts from beer and liquor sales, excluding wine sales, do not exceed twenty-five

per cent of its total gross receipts. (6) It has at least one of the following characteristics: (a) The value of its real and personal property exceeds seven hundred twenty-five thousand

dollars. (b) It is located on property that is owned or leased by the state or a state agency,

and its owner or operator has authorization from the state or the state agency that

owns or leases the property to obtain a D-5i permit. The holder of a D-5i permit may sell beer and any intoxicating liquor at retail, only

by the individual drink in glass and from the container, for consumption on the premises

where sold, and may sell the same products in the same manner and amounts not for

consumption on the premises where sold as may be sold by the holders of D-1 and D-2

permits.  In addition to the privileges authorized in this division, the holder of a D-5i

permit may exercise the same privileges, and shall observe the same hours of operation,

as the holder of a D-5 permit. A D-5i permit shall not be transferred to another location.  The division of liquor control shall not renew a D-5i permit unless the retail food

establishment or food service operation for which it is issued continues to meet the

requirements described in divisions (I)(1) to (6) of this section.  No quota restrictions shall be placed on the number of D-5i permits that may be

issued.  The fee for the D-5i permit is two thousand three hundred forty-four dollars. (J) Permit D-5j may be issued to the owner or the operator of a retail food establishment

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

beer and intoxicating liquor at retail, only by the individual drink in glass and

from the container, for consumption on the premises where sold and to sell beer and

intoxicating liquor in the same manner and amounts not for consumption on the premises

where sold as may be sold by the holders of D-1 and D-2 permits.  The holder of a D-5j permit may exercise the same privileges, and shall observe

the same hours of operation, as the holder of a D-5 permit. The D-5j permit shall be issued only within a community entertainment district that

is designated under section 4301.80 of the Revised Code .  The permit shall not be issued to a community entertainment district that is designated

under divisions (B) and (C) of section 4301.80 of the Revised Code if the district does not meet one of the following qualifications: (1) It is located in a municipal corporation with a population of at least one hundred

thousand. (2) It is located in a municipal corporation with a population of at least twenty thousand,

and either of the following applies: (a) It contains an amusement park the rides of which have been issued a permit by the

department of agriculture under Chapter 1711. of the Revised Code. (b) Not less than fifty million dollars will be invested in development and construction

in the community entertainment district's area located in the municipal corporation. (3) It is located in a township with a population of at least forty thousand. (4) It is located in a township with a population of at least twenty thousand, and not

less than seventy million dollars will be invested in development and construction

in the community entertainment district's area located in the township. (5) It is located in a municipal corporation with a population between seven thousand

and twenty thousand, and both of the following apply: (a) The municipal corporation currently has a historic downtown business district. (b) The municipal corporation is located in the same county as another municipal corporation

with at least one community entertainment district. (6) It is located in a municipal corporation with a population of at least ten thousand,

and not less than seventy million dollars will be invested in development and construction

in the community entertainment district's area located in the municipal corporation. (7) It is located in a municipal corporation with a population of at least three thousand,

and not less than one hundred fifty million dollars will be invested in development

and construction in the community entertainment district's area located in the municipal

corporation. The location of a D-5j permit may be transferred only within the geographic boundaries

of the community entertainment district in which it was issued and shall not be transferred

outside the geographic boundaries of that district. Not more than one D-5j permit shall be issued within each community entertainment

district for each five acres of land located within the district.  Not more than fifteen D-5j permits may be issued within a single community entertainment

district.  Except as otherwise provided in division (J)(4) of this section, no quota restrictions

shall be placed upon the number of D-5j permits that may be issued. The fee for a D-5j permit is two thousand three hundred forty-four dollars. (K)(1) Permit D-5k may be issued to any nonprofit organization that is exempt from federal

income taxation under the “Internal Revenue Code of 1986,” 100 Stat. 2085, 26 U.S.C.A. 501(c)(3) , as amended, that is the owner or operator of a botanical garden recognized by the

American association of botanical gardens and arboreta, and that has not less than

twenty-five hundred bona fide members. (2) The holder of a D-5k permit may sell beer and any intoxicating liquor at retail,

only by the individual drink in glass and from the container, on the premises where

sold. (3) In addition to the privileges authorized in this division, the holder of a D-5k permit

may exercise the same privileges, and shall observe the same hours of operation, as

the holder of a D-5 permit. (4) A D-5k permit shall not be transferred to another location. (5) No quota restrictions shall be placed on the number of D-5k permits that may be issued. (6) The fee for the D-5k permit is one thousand eight hundred seventy-five dollars. (L)(1) Permit D-5l may be issued to the owner or the operator of a retail food establishment

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

beer and intoxicating liquor at retail, only by the individual drink in glass and

from the container, for consumption on the premises where sold and to sell beer and

intoxicating liquor in the same manner and amounts not for consumption on the premises

where sold as may be sold by the holders of D-1 and D-2 permits.  The holder of a D-5l permit may exercise the same privileges, and shall observe

the same hours of operation, as the holder of a D-5 permit. (2) The D-5l permit shall be issued only to a premises to which all of the following

apply: (a) The premises has gross annual receipts from the sale of food and meals that constitute

not less than seventy-five per cent of its total gross annual receipts. (b) The premises is located within a revitalization district that is designated under section 4301.81 of the Revised Code . (c) The premises is located in a municipal corporation or township in which the number

of D-5 permits issued equals or exceeds the number of those permits that may be issued

in that municipal corporation or township under section 4303.29 of the Revised Code . (d) The premises meets any of the following qualifications: (i) It is located in a county with a population of one hundred twenty-five thousand or

less according to the population estimates certified by the department of development

for calendar year 2006. (ii) It is located in the municipal corporation that has the largest population in a county

when the county has a population between two hundred fifteen thousand and two hundred

twenty-five thousand according to the population estimates certified by the department

of development for calendar year 2006.  Division (L)(2)(d)(ii) of this section applies only to a municipal corporation that

is wholly located in a county. (iii) It is located in the municipal corporation that has the largest population in a county

when the county has a population between one hundred forty thousand and one hundred

forty-one thousand according to the population estimates certified by the department

of development for calendar year 2006.  Division (L)(2)(d)(iii) of this section applies only to a municipal corporation

that is wholly located in a county. (iv) It is located in a township with a population density of less than four hundred fifty

people per square mile.  For purposes of division (L)(2)(d)(iv) of this section, the population of a township

is considered to be the population shown by the most recent regular federal decennial

census. (v) It is located in a municipal corporation that is wholly located within the geographic

boundaries of a township, provided that the municipal corporation and the unincorporated

portion of the township have a combined population density of less than four hundred

fifty people per square mile.  For purposes of division (L)(2)(d)(v) of this section, the population of a municipal

corporation and unincorporated portion of a township is the population shown by the

most recent federal decennial census. (vi) It is located in a county with a population of not less than one hundred seventy-two

thousand and not more than one hundred ninety-five thousand.  For purposes of division (L)(2)(d)(vi) of this section, the population of a county

is the population shown by the most recent decennial census. (vii) It is located in a municipal corporation with a population of less than ten thousand

and the municipal corporation is located in a county with a population of more than

one million.  For purposes of division (L)(2)(d)(vii) of this section, the population of a municipal

corporation and a county is the population shown by the most recent decennial census. (3) The location of a D-5l permit may be transferred only within the geographic boundaries

of the revitalization district in which it was issued and shall not be transferred

outside the geographic boundaries of that district. (4) Not more than one D-5l permit shall be issued within each revitalization district

for each five acres of land located within the district.  Not more than fifteen D-5l permits may be issued within a single revitalization

district.  Except as otherwise provided in division (L)(4) of this section, no quota restrictions

shall be placed upon the number of D-5l permits that may be issued. (5) No D-5l permit shall be issued to an adult entertainment establishment as defined

in section 2907.39 of the Revised Code . (6) The fee for a D-5l permit is two thousand three hundred forty-four dollars. (M) Permit D-5m may be issued to either the owner or the operator of a retail food establishment

or food service operation licensed under Chapter 3717. of the Revised Code that operates

as a restaurant for purposes of this chapter and that is located in, or affiliated

with, a center for the preservation of wild animals as defined in section 4301.404 of the Revised Code , to sell beer and any intoxicating liquor at retail, only by the glass and from the

container, for consumption on the premises where sold, and to sell the same products

in the same manner and amounts not for consumption on the premises as may be sold

by the holders of D-1 and D-2 permits.  In addition to the privileges authorized by this division, the holder of a D-5m

permit may exercise the same privileges, and shall observe the same hours of operation,

as the holder of a D-5 permit. A D-5m permit shall not be transferred to another location.  No quota restrictions shall be placed on the number of D-5m permits that may be

issued.  The fee for a permit D-5m is two thousand three hundred forty-four dollars. (N) Permit D-5n shall be issued to either a casino operator or a casino management company

licensed under Chapter 3772. of the Revised Code that operates a casino facility under

that chapter, to sell beer and any intoxicating liquor at retail, only by the individual

drink in glass and from the container, for consumption on the premises where sold,

and to sell the same products in the same manner and amounts not for consumption on

the premises as may be sold by the holders of D-1 and D-2 permits.  In addition to the privileges authorized by this division, the holder of a D-5n

permit may exercise the same privileges, and shall observe the same hours for beer

and intoxicating liquor sales, as the holder of a D-5 permit.  A D-5n permit shall not be transferred to another location.  Only one D-5n permit may be issued per casino facility and not more than four D-5n

permits shall be issued in this state.  The fee for a permit D-5n shall be twenty thousand dollars.  The holder of a D-5n permit may conduct casino gaming on the permit premises notwithstanding

any provision of the Revised Code or Administrative Code. (O) Permit D-5o may be issued to the owner or operator of a retail food establishment

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

operates as a restaurant for purposes of this chapter and that is located within a

casino facility for which a D-5n permit has been issued.  The holder of a D-5o permit may sell beer and any intoxicating liquor at retail,

only by the individual drink in glass and from the container, for consumption on the

premises where sold, and may sell the same products in the same manner and amounts

not for consumption on the premises where sold as may be sold by the holders of D-1

and D-2 permits.  In addition to the privileges authorized by this division, the holder of a D-5o

permit may exercise the same privileges, and shall observe the same hours for beer

and intoxicating liquor sales, as the holder of a D-5 permit.  A D-5o permit shall not be transferred to another location.  No quota restrictions shall be placed on the number of such permits that may be

issued.  The fee for this permit is two thousand three hundred forty-four dollars.