2006 Ohio Revised Code - 4301.30. Deposit of fees into undivided liquor permit fund, general fund and statewide treatment and prevention fund; distributions to municipal corporations and townships.

§ 4301.30. Deposit of fees into undivided liquor permit fund, general fund and statewide treatment and prevention fund; distributions to municipal corporations and townships.
 

All fees collected by the division of liquor control shall be deposited in the state treasury to the credit of the undivided liquor permit fund, which is hereby created, at the time prescribed under section 4301.12 of the Revised Code. Each payment shall be accompanied by a statement showing separately the amount collected for each class of permits in each municipal corporation and in each township outside the limits of any municipal corporation in such township. An amount equal to forty-five per cent of the fund shall be paid from the fund into the general revenue fund. 
 

Twenty per cent of the undivided liquor permit fund shall be paid into the statewide treatment and prevention fund, which is hereby created in the state treasury. This amount shall be appropriated by the general assembly, together with an amount equal to one and one-half per cent of the gross profit of the division of liquor control derived under division (B)(4) of section 4301.10 of the Revised Code, to the department of alcohol and drug addiction services. In planning for the allocation of and in allocating these amounts for the purposes of Chapter 3793. of the Revised Code, the department of alcohol and drug addiction services shall comply with the nondiscrimination provisions of Title VI of the Civil Rights Act of 1964, and any rules adopted under that act . 
 

Thirty-five per cent of the undivided liquor permit fund shall be distributed by the superintendent of liquor control at quarterly calendar periods as follows: 

(A) To each municipal corporation, the aggregate amount shown by the statements to have been collected from permits in the municipal corporation, for the use of the general fund of the municipal corporation; 

(B) To each township, the aggregate amount shown by the statements to have been collected from permits in its territory, outside the limits of any municipal corporation located in the township, for the use of the general fund of the township, or for fire protection purposes, including buildings and equipment in the township or in an established fire district within the township, to the extent that the funds are derived from liquor permits within the territory comprising such fire district. 

For the purpose of the distribution required by this section, E, H, and D permits covering boats or vessels are deemed to have been issued in the municipal corporation or township wherein the owner or operator of the vehicle, boat, vessel, or dining car equipment to which the permit relates has the owner's or operator's principal office or place of business within the state. 

If the liquor control commission determines that the police or other officers of any municipal corporation or township entitled to share in such distributions are refusing or culpably neglecting to enforce this chapter and Chapter 4303. of the Revised Code, or the penal laws of this state relating to the manufacture, importation, transportation, distribution, and sale of beer and intoxicating liquors, or if the prosecuting officer of a municipal corporation or a municipal court fails to comply with the request of the commission authorized by division (A)(4) of section 4301.10 of the Revised Code, the commission, by certified mail, may notify the chief executive officer of the municipal corporation or the board of township trustees of the township of the failure and require the immediate cooperation of the responsible officers of the municipal corporation or township with the division of liquor control in the enforcement of those chapters and penal laws. Within thirty days after the notice is served, the commission shall determine whether the requirement has been complied with. If the commission determines that the requirement has not been complied with, it may issue an order to the superintendent to withhold the distributive share of the municipal corporation or township until further order of the commission. This action of the commission is reviewable within thirty days thereafter in the court of common pleas of Franklin county. 
 

HISTORY: GC § 6064-29; 115 v PtII, 118(144), § 29; 116 v 511(538); 121 v 86; 122 v 293; Bureau of Code Revision, 10-1-53; 131 v 1044 (Eff 11-11-65); 134 v H 240 (Eff 4-28-72); 136 v H 205 (Eff 1-1-76); 137 v S 221 (Eff 11-23-77); 138 v H 470 (Eff 10-15-79); 141 v H 201 (Eff 7-1-85); 143 v H 111 (Eff 7-1-89); 143 v H 317 (Eff 10-10-89); 144 v H 340 (Eff 4-24-92); 146 v S 162 (Eff 7-1-97); 148 v H 283. Eff 6-30-99; 150 v H 95, § 1, eff. 9-26-03; 150 v H 306, § 1, eff. 7-23-04.
 

The effective date is set by section 179 of H.B. 95 (150 v  - ). 

 

Effect of Amendments

150 v H 306, effective July 23, 2004, in the final paragraph, deleted the first sentence, which read: "Such distributions are subject to diminutions for refunds as prescribed in section 4301.41 of the Revised Code"; and made minor stylistic changes. 

H.B. 95, Acts 2003, effective September 26, 2003, in the introductory paragraph, substituted "forty-five per cent of the fund" for "fifty dollars for each fee received for a D-2 permit, which is not placed in operation immediately upon a D-3 permit premises, and twenty-five dollars for each fee received for a C-2 permit," and deleted "undivided liquor permit" following "paid from the"; at the beginning of the second paragraph, substituted "Twenty" for "Prior to the fees received for a D-2 permit, which is not in operation immediately upon a D-3 permit premises, and a C-2 permit being paid into the general revenue fund, an amount equal to twenty-one," and "division" for "department," and "under that act" for "thereunder"; at the beginning of the third paragraph, substituted "Thirty-five per cent" for "The moneys remaining in"; substituted "in the municipal corporation" for "therein" in (A); substituted "in the township" for "therein" in (B); and made minor stylistic changes.