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Bill Analysis

Legislative Service Commission


Sub. S.B. 164
125th General Assembly
(As Passed by the Senate)

BILL SUMMARY CONTENT AND OPERATION
Current law generally prohibits any liquor permit holder or liquor agency store from selling intoxicating liquor after 2:30 a.m. on Sunday. The only exception is if a liquor permit holder's permit authorizes the Sunday sale of intoxicating liquor (see COMMENT).[1] (R.C. 4301.22(D).)
The bill adds another exception: that any person awarded a contract to operate a liquor agency store may sell spirituous liquor on Sunday (1) if the sale of spirituous liquor is authorized in the applicable precinct as the result of an election on either of the following questions and (2) if the agency contract authorizes the sale of spirituous liquor on Sunday (R.C. 4301.22(D)(2)):
(a) The question that governs the sale of intoxicating liquor for consumption on the premises where sold between 1 p.m. and midnight on Sunday; or
(b) The question that governs the sale of intoxicating liquor for consumption on the premises where sold between 1 p.m. and midnight on Sunday at premises where the sale of food and other goods and services exceeds 50% of the total gross receipts of the permit holder at the premises.
COMMENT
The operator of a liquor agency store is authorized under a contract with the Division of Liquor Control in the Department of Commerce to sell spirituous liquor on behalf of the Division. A liquor agency store thus sells spirituous liquor under the authority of a contract with the Division, not under a permit issued by the Division.
HISTORY

ACTIONDATEJOURNAL ENTRY
    Introduced
12-16-03p. 1291
    Reported, S. Agriculture
02-12-04p. 1525
    Passed Senate (28-5)
02-18-04pp. 1563-1564


S0164-PS-125.doc/jc




[1] "Intoxicating liquor" includes wine, mixed beverages, and spirituous liquor. "Spirituous liquor" is defined to include all intoxicating liquors containing more than 21% of alcohol by volume (R.C. 4301.01(B)(5), not in the bill).
The D-6 liquor permit authorizes the Sunday sale of intoxicating liquor and is normally only issued to a permit holder if Sunday liquor sales have been approved in a local option election held on sales at the permit holder's premises or in the election precinct where the premises are located (R.C. 4303.182, not in the bill).