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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 387
2025-2026
Representatives Sigrist, Daniels
Cosponsors: Representatives Brennan,
Piccolantonio, McNally, Jarrells, White, E., Rader, Somani, Brownlee,
Hall, D., Synenberg, Miller, J., Thomas, C., Brewer, Lett, Upchurch,
Barhorst, Plummer, Fischer, Hall, T., Williams, Deeter
To
amend section 4303.182 and to enact section 4301.392 of the Revised
Code
to
authorize a municipal corporation or township to allow Sunday sales
of intoxicating liquor without local option election approval.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 4303.182 be amended and section 4301.392 of the Revised Code
be enacted to read as follows:
Sec.
4301.392.
(A)
In lieu of local option elections held pursuant to sections 4301.32
to 4301.39 of the Revised Code, the legislative authority of a
municipal corporation or the board of township trustees of a township
may adopt an ordinance or resolution, as applicable, allowing the
sale of intoxicating liquor on Sunday in the applicable municipal
corporation or township under a D-6 permit issued under section
4303.182 of the Revised Code.
(B)
If the legislative authority of a municipal corporation or the board
of township trustees of a township adopts an ordinance or resolution
under division (A) of this section, the legislative authority or the
board, as applicable, shall send a copy of the ordinance or
resolution to the division of liquor control.
(C)
Notwithstanding any provision of division (A) of this section to the
contrary, the privilege of local option election provided for under
section 4301.32 of the Revised Code remains valid, and an ordinance
or resolution adopted under division (A) of this section may be
superseded by a local option election held pursuant to section
4301.351 or 4301.354 of the Revised Code.
Sec.
4303.182.
(A)
Except as otherwise provided in divisions (B) to (K) of this section,
permit D-6 shall be issued to the holder of an A-1-A, A-2, A-2f,
A-3a, A-5, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c,
D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n,
D-5o, or D-7 permit to allow sale under that permit on Sunday.
However, such a sale only may be allowed if the sale has been
approved
under
as
follows:
(1)
Under
a
question specified in division (B) of section 4301.351 or 4301.354 of
the Revised Code, in division (B)(2) of section 4301.355 of the
Revised Code, or in section 4301.356 of the Revised Code and has been
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 of
the Revised Code, under the restrictions of that authorization
;
(2)
By an ordinance or resolution adopted under section 4301.392 of the
Revised Code
.
(B)
Permit D-6 shall be issued to the holder of any permit, including a
D-4a and D-5d permit, authorizing the sale of intoxicating liquor
issued for a premises located at any publicly owned airport, as
defined in section 4563.01 of the Revised Code, at which commercial
airline companies operate regularly scheduled flights on which space
is available to the public, to allow sale under such permit on
Sunday, whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365,
or
4301.366
,
or 4301.392
of the Revised Code.
(C)
Permit D-6 shall be issued to the holder of a D-5a permit, and to the
holder of a D-3 or D-3a permit who is 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, and that has on its premises 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 is affiliated with the hotel or motel
and within or contiguous to the hotel or motel and serving food
within the hotel or motel, to allow sale under such permit on Sunday,
whether or not that sale has been authorized under section 4301.361,
4301.364, 4301.365,
or
4301.366
,
or 4301.392
of the Revised Code.
(D)
The holder of a D-6 permit that is issued to a sports facility may
make sales under the permit on any Sunday on which a professional
baseball, basketball, football, hockey, or soccer game is being
played at the sports facility. As used in this division, "sports
facility" means a stadium or arena that has a seating capacity
of at least four thousand and that is owned or leased by a
professional baseball, basketball, football, hockey, or soccer
franchise or any combination of those franchises.
(E)
Permit D-6 shall be issued to the holder of any permit that
authorizes the sale of beer or intoxicating liquor and that is issued
to a premises located in or at the Ohio history connection area or
the state fairgrounds, as defined in division (B) of section 4301.40
of the Revised Code, to allow sale under that permit on Sunday,
whether or not that sale has been authorized under section 4301.361,
4301.364, 4301.365,
or
4301.366
,
or 4301.392
of the Revised Code.
(F)
Permit D-6 shall be issued to the holder of any permit that
authorizes the sale of intoxicating liquor and that is issued to an
outdoor performing arts center to allow sale under that permit on
Sunday, whether or not that sale has been authorized under section
4301.361
or
4301.392
of
the Revised Code. A D-6 permit issued under this division is subject
to the results of an election, held after the D-6 permit is issued,
on question (B)(4) as set forth in section 4301.351 of the Revised
Code. Following the end of the period during which an election may be
held on question (B)(4) as set forth in that section, sales of
intoxicating liquor may continue at an outdoor performing arts center
under a D-6 permit issued under this division, unless an election on
that question is held during the permitted period and a majority of
the voters voting in the precinct on that question vote "no."
As
used in this division, "outdoor performing arts center"
means an outdoor performing arts center that is located on not less
than eight hundred acres of land and that is open for performances
from the first day of April to the last day of October of each year.
(G)
Permit D-6 shall be issued to the holder of any permit that
authorizes the sale of beer or intoxicating liquor and that is issued
to a golf course owned by the state, a conservancy district, a park
district created under Chapter 1545. of the Revised Code, or another
political subdivision to allow sale under that permit on Sunday,
whether or not that sale has been authorized under section 4301.361,
4301.364, 4301.365,
or
4301.366
,
or 4301.392
of the Revised Code.
(H)
Permit D-6 shall be issued to the holder of a D-5g permit to allow
sale under that permit on Sunday, whether or not that sale has been
authorized under section 4301.361, 4301.364, 4301.365,
or
4301.366
,
or 4301.392
of the Revised Code.
(I)
Permit D-6 shall be issued to the holder of any D permit for a
premises that is licensed under Chapter 3717. of the Revised Code and
that is located at a ski area to allow sale under the D-6 permit on
Sunday, whether or not that sale has been authorized under section
4301.361, 4301.364, 4301.365,
or
4301.366
,
or 4301.392
of the Revised Code.
As
used in this division, "ski area" means a ski area as
defined in section 4169.01 of the Revised Code, provided that the
passenger tramway operator at that area is registered under section
4169.03 of the Revised Code.
(J)
Permit D-6 shall be issued to the holder of any permit that is
described in division (A) of this section for a permit premises that
is located in a community entertainment district, as defined in
section 4301.80 of the Revised Code, that was approved by the
legislative authority of a municipal corporation under that section
between October 1 and October 15, 2005, to allow sale under the
permit on Sunday, whether or not that sale has been authorized under
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised
Code.
(K)
A D-6 permit shall be issued to the holder of any D permit for a
premises that is licensed under Chapter 3717. of the Revised Code and
that is located in a state park to allow sales under the D-6 permit
on Sunday, whether or not those sales have been authorized under
section 4301.361, 4301.364, 4301.365,
or
4301.366
,
or 4301.392
of the Revised Code.
As
used in this division, "state park" means a state park that
is established or dedicated under Chapter 1546. of the Revised Code
and that has a working farm on its property.
(L)
If the restriction to licensed premises where the sale of food and
other goods and services exceeds fifty per cent of the total gross
receipts of the permit holder at the premises is applicable, the
division of liquor control may accept an affidavit from the permit
holder to show the proportion of the permit holder's gross receipts
derived from the sale of food and other goods and services. If the
liquor control commission determines that affidavit to have been
false, it shall revoke the permits of the permit holder at the
premises concerned.
(M)
The fee for the D-6 permit is five hundred dollars when it is issued
to the holder of an A-1-A, A-2, A-2f, A-3a, A-5, D-2, D-3, D-3a, D-4,
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,
D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, or D-7 permit. The fee for the
D-6 permit is four hundred dollars when it is issued to the holder of
a C-2 permit.
(N)
Sunday sales of beer, wine, mixed beverages, or spirituous liquor
authorized under a valid D-6 permit issued prior to, on, or after
the
effective date of this amendment
March
23, 2022,
may
occur during the same hours that a permit holder may sell those
products on Monday through Saturday.
Section
2.
That
existing section 4303.182 of the Revised Code is hereby repealed.