Youngstown Daily Legal News

Plan would allow for open containers at entertainment districts

TIFFANY L. PARKS
Special to the Legal News
Published: September 9, 2014

A pair of Cincinnati House members have joined a Cincinnati senator in pushing for a modification to the state’s open container law.

House Bill 598, jointly sponsored by Reps. Louis Blessing III and Denise Driehaus, would allow municipal corporations with a population of more than 50,000 to create entertainment districts and exempt individuals within such districts from the open container law.

The proposed legislation is a companion measure to Senate Bill 116, sponsored by Sen. Eric Kearney.

In a statement to lawmakers, Blessing, a Republican, and Driehaus, a Democrat, said entertainment districts are known for their economic improvement.

“Many once-thriving areas in Ohio would benefit from the boost in sales and increased customer base that comes with allowing open containers,” the pair wrote.

If enacted, the bill would authorize the owner or operator of an establishment that sells beer or intoxicating liquor and meets certain other requirements to apply to have the property on which the establishment is located, or the property and surrounding property, deemed a municipal entertainment district.

Blessing and Driehaus said local officials would have the power to approve the application.

“Power (would) remain on the local level if their legislative body needs to revoke the permit,” they said.

Legislative authorities would have to approve or deny the application within 75 days after it was originally received by the city’s mayor.

If the district is approved, the Ohio Department of Commerce Division of Liquor Control may issue a municipal entertainment district designation to any A-2 or D liquor permit holder who is in compliance with the liquor control law and the specific terms of the holder’s permit.

Under the bill, any person who is carrying an open container of beer or intoxicating liquor, purchased from an establishment with a municipal entertainment district designation, while at an outdoor location within the district would be exempt from Ohio’s open container law.

The state’s open container law generally prohibits individuals from carrying an open container of beer or intoxicating liquor in public, unless a specific exception applies.

In previous sponsor testimony for SB 116, Kearney, a Democrat, said making the proposed exception to the open container law would create more opportunities to promote tourism and economic development.

He said the bill provides an opportunity for developments such as the Over-the-Rhine Gateway in Cincinnati and The Flats in Cleveland to create an entertainment experience and attract more customers.

“There are many other areas across the state that could benefit from this change in current law,” he said.

In addition to limiting entertainment districts to municipalities with populations of at least 50,000, the bill would restrict the size of any entertainment district to one-half mile by one-half mile.

A bill summary states that entertainment districts must contain no fewer than four total A-2 or D permit holders.

A-2 and D liquor permits generally allow the permit holder to sell beer or intoxicating liquor for on-premises consumption or in sealed containers for off-premises consumption. Intoxicating liquor includes all beverages, except for beer, containing 0.5 percent of or higher alcohol by volume.

The summary states that municipalities with populations up to 150,000 people would be limited to one entertainment district.

Cities with populations between 150,000-300,000 people would be restricted to two entertainment districts.

No more than three districts would be permitted for areas with more than 300,000 people.

For purposes of the bill, the population of a municipal corporation would be based on figures included in the most recent regular federal census.

HB 598 is co-sponsored by Reps. Peter Beck, John Becker, Ron Maag, Dale Mallory, Dan Ramos, Alicia Reece, Wes Retherford and Cliff Rosenberger.

The bill is awaiting a committee assignment.

SB 116, co-sponsored by Sens. Edna Brown and Bill Seitz, is before the Senate Agriculture committee.

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