Ohio Beer Counsel
Information and Commentary on the Issues Facing Ohio's Craft Beer Community, Breweries and Distilleries - Brewed by the Craft Beer Lawyers of Bruns, Connell, Vollmar & Armstrong's Brewery & Distillery Practice Group



Outdoor Refreshment Area Legislative Update -- Quadricycles Rule the Day!

As the future of the outdoor refreshment area in Ohio hangs in the balance, we write with an update.  On March 26, 2015, the Ohio House passed HB 47, the companion outdoor refreshment bill to SB 95 (which we told you about here).  There are differences between HB 47 and SB 95 which are worth noting:

(1)  HB 47 allows 1 ORA for municipalities with populations between 35,000 and 50,000; 2 ORAs for municipalities with populations greater than 50,000.

(2)  SB 95 allows 1 ORA for municipalities with populations between 35,000 and 150,000; 2 for those between 150,000 and 275,000, and 3 ORAs for those with more than 275,000.

(3)  SB 95 permits municipalities to adopt their own local ordinances to enforce regulations in the ORA.  HB 47 requires them to adopt regulations which address the following subjects:  (a) the specific boundaries of the area; (b) the number, spacing, and type of signage designating the area; (c) the hours of operation; (d) the number of personnel needed to ensure public safety in the area; (e) a sanitation plan; (f) the number of people needed to execute the sanitation plan; and (g) a requirement that beer and liquor be served solely in plastic bottles or other plastic containers.

(4)  HB 47 permits beer and liquor on quadricycles.  SB 95 is silent on this subject.

Updates at once!