As Introduced

133rd General Assembly

Regular Session H. B. No. 389

2019-2020

Representatives Rogers, Becker

Cosponsors: Representatives Miller, J., Hambley, Crossman, Sobecki, West, Hoops, Lipps, Patterson, Seitz, Miranda, Riedel, Lepore-Hagan, Kelly, Lang, Brent, Galonski, Blair, Cera, Denson, O'Brien, Strahorn, Hicks-Hudson, Sweeney

A BILL

To amend section 4301.58 of the Revised Code to allow a nonprofit organization to give away alcohol for fundraising purposes under specified circumstances and to declare an emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4301.58 of the Revised Code be amended to read as follows:

Sec. 4301.58. (A) No person, personally or by the person's clerk, agent, or employee, who is not the holder of an A permit issued by the division of liquor control, in force at the time, and authorizing the manufacture of beer or intoxicating liquor, or who is not an agent or employee of the division authorized to manufacture such beer or intoxicating liquor, shall manufacture any beer or intoxicating liquor for sale, or shall manufacture spirituous liquor.

(B) No person, personally or by the person's clerk, agent, or employee, who is not the holder of an A, B, C, D, E, F, G, I, or S permit issued by the division, in force at the time, and authorizing the sale of beer, intoxicating liquor, or alcohol, or who is not an agent or employee of the division or the tax commissioner authorized to sell such beer, intoxicating liquor, or alcohol, shall sell, keep, or possess beer, intoxicating liquor, or alcohol for sale to any persons other than those authorized by Chapters 4301. and 4303. of the Revised Code to purchase any beer or intoxicating liquor, or sell any alcohol at retail. This division does not apply to or affect the sale or possession for sale of any low-alcohol beverage.

(C) No person, personally or by the person's clerk, agent, or employee, who is the holder of a permit issued by the division, shall sell, keep, or possess for sale any intoxicating liquor not purchased from the division or from the holder of a permit issued by the division authorizing the sale of such intoxicating liquor unless the same has been purchased with the special consent of the division. The division shall revoke the permit of any person convicted of a violation of division (C) of this section.

(D)(1) Division (B) of this section does not apply to or affect either of the following:

(a) The sale or possession for sale of any low-alcohol beverage;

(b) A nonprofit organization that gives beer or intoxicating liquor as a prize to a participant of a fund-raising event for the nonprofit organization, including a raffle, provided that both of the following apply:

(i) At the time of the fund-raising event, the nonprofit organization does not hold a valid permit under Chapter 4303. of the Revised Code that authorizes the sale of beer or intoxicating liquor for off-premises consumption.

(ii) The beer or intoxicating liquor is given away in sealed containers for off-premises consumption.

(2) As used in division (D)(1) of this section, "nonprofit organization" includes both of the following:

(a) A church;

(b) A charitable organization that has received from the internal revenue service a determination letter that is currently in effect stating that the organization is exempt from federal income taxation under subsection 501(a) and described in subsection 501(c)(3) of the Internal Revenue Code.

Section 2. That existing section 4301.58 of the Revised Code is hereby repealed.

Section 3. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for this necessity is that its enactment into law at the earliest possible time will allow nonprofit organizations to raise funds in a more timely manner, thereby helping the communities in which the organizations are located. Therefore, this act shall go into immediate effect.