As Introduced

133rd General Assembly

Regular Session S. B. No. 340

2019-2020

A BILL

To amend section 4301.637 of the Revised Code to require places that sell alcohol to display a warning about fetal alcohol syndrome.

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

Section 1. That section 4301.637 of the Revised Code be amended to read as follows:

Sec. 4301.637. (A) Except as otherwise provided in section 4301.691 of the Revised Code, every place in this state where beer, intoxicating liquor, or any low-alcohol beverage is sold for beverage purposes shall display at all times, in a prominent place on the premises thereof, a printed card, which shall be furnished by the division of liquor control and which shall read substantially as follows:

"WARNING TO PERSONS UNDER AGE

If you are under the age of 21

Under the statutes of the state of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or possess or consume beer or intoxicating liquor in any public place, or furnish false information as to name, age, or other identification, you are subject to a fine of up to one thousand dollars, or imprisonment up to six months, or both.

If you are under the age of 18

Under the statutes of the state of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or possess or consume, any type of beer or wine that contains either no alcohol or less than one-half of one per cent of alcohol by volume in any public place, or furnish false information as to name, age, or other identification, you are subject to a fine of up to two hundred fifty dollars or to imprisonment up to thirty days, or both."

No person shall be subject to any criminal prosecution or any proceedings before the division or the liquor control commission for failing to display this card. No permit issued by the division shall be suspended, revoked, or canceled because of the failure of the permit holder to display this card.

(B) Every place in this state for which a D permit has been issued under Chapter 4303. of the Revised Code shall be issued a printed card by the division of liquor control that shall read substantially as follows:

"WARNING

If you are carrying a firearm

Under the statutes of Ohio, if you possess a firearm in any room in which liquor is being dispensed in premises for which a D permit has been issued under Chapter 4303. of the Revised Code, you may be guilty of a felony and may be subjected to ~~a prison term of up to one year~~imprisonment."

(C)(1) Every place in this state where beer, intoxicating liquor, or any low-alcohol beverage is sold for beverage purposes shall display at all times, in a prominent place on the premises, a printed card which shall read substantially as follows:

"FETAL ALCOHOL SYNDROME WARNING: THE CONSUMPTION OF ALCOHOL DURING PREGNANCY MAY RESULT IN BIRTH DEFECTS."

(2) The division of liquor control shall create and issue the card, which shall not be smaller than eight and one-half inches by eleven inches.

(3)(a) Any inspection conducted by the division under division (A)(6) of section 4301.10 of the Revised Code shall include a determination of whether each place described in division (C)(1) of this section is properly displaying the card, and the inspector shall indicate such determination on the inspection form.

(b) The division shall post the information described in division (C)(3)(a) of this section on the division's web site.

(4) No person shall be subject to any criminal prosecution or any proceedings before the division or the liquor control commission for failing to display the card. No permit issued by the division shall be suspended, revoked, or canceled because of the failure of the permit holder to display the card.

Section 2. That existing section 4301.637 of the Revised Code is hereby repealed.

Section 3. Section 4301.637 of the Revised Code is presented in this act as a composite of the section as amended by both S.B. 2 and S.B. 162 of the 121st General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.