Fiscal Note & Local Impact Statement

125 th General Assembly of Ohio

Ohio Legislative Service Commission

77 South High Street, 9th Floor, Columbus, OH 43215-6136 ˛ Phone: (614) 466-3615

˛ Internet Web Site: http://www.lsc.state.oh.us/

BILL:

Sub. H.B. 306

DATE:

January 27, 2004

STATUS:

As Reported by House State Government

SPONSOR:

Rep. Wolpert

LOCAL IMPACT STATEMENT REQUIRED:

No —

No local cost

 


CONTENTS:

Modifies liquor laws

 

State Fiscal Highlights

 

STATE FUND

FY 2004

FY 2005

FUTURE YEARS

General Revenue Fund

     Revenues

Negligible loss in revenue from the elimination of the per barrel charge; Potential gain from the issuance of D‑5a and D-5i liquor permits

Negligible loss in revenue from the elimination of the per barrel charge; Potential gain from the issuance of D‑5a and D-5i liquor permits

Negligible loss in revenue from the elimination of the per barrel charge; Potential gain from the issuance of D-5a and D-5i liquor permits

     Expenditures

- 0 -

- 0 -

- 0 -

Undivided Liquor Permit Fund (Fund 066)-Commerce

     Revenues

$1,205 loss in revenue from the elimination of the per barrel charge and $12,200 in coil cleaners registration fees; Potential gain from the issuance of D-5a and D-5i liquor permits

$1,205 loss in revenue from the elimination of the per barrel charge and $12,200 in coil cleaners registration fees; Potential gain from the issuance of D-5a and D-5i liquor permits

$1,205 loss in revenue from the elimination of the per barrel charge and
$12,200 in coil cleaners registration fees; Potential gain from the issuance of D‑5a and D-5i liquor permits

     Expenditures

- 0 -

- 0 -

- 0 -

Statewide Treatment and Prevention Fund (Fund 475)-ODADAS

     Revenues

Negligible loss in revenue from the elimination of the per barrel charge; Potential gain from the issuance of D‑5a and D-5i liquor permits

Negligible loss in revenue from the elimination of the per barrel charge; Potential gain from the issuance of D‑5a and D-5i liquor permits

Negligible loss in revenue from the elimination of the per barrel charge; Potential gain from the issuance of D-5a and D-5i liquor permits

     Expenditures

- 0 -

- 0 -

- 0 -

Liquor Control Fund (Fund 043)-Commerce

     Revenues

Potential minimal gain in revenue from liquor permit processing fees

Potential minimal gain in revenue from liquor permit processing fees

Potential minimal gain in revenue from liquor permit processing fees

     Expenditures

- 0 -

- 0 -

- 0 -

Note:  The state fiscal year is July 1 through June 30.  For example, FY 2004 is July 1, 2003 – June 30, 2004.

 

·        This bill retains the permit fees for the A-2, B-2, and B-4 liquor permits and eliminates the per barrel charge. Thus creating a $1,205 revenue loss in permit fees.  This bill also makes changes to the D-5a and D-5i permits by issuing these permits to colleges and universities, resulting in a potential increase in the number of permits issued, and thus potentially increasing the liquor permit revenue.  The permit fee for each of these permits is $2,344 plus a $100 processing fee.  Liquor permit fees are deposited into Fund 066 and distributed to the GRF, the Ohio Department of Alcohol and Drug Addition Services (ODADAS), and local governments.  The processing fees, required for new permits, are deposited in the Liquor Control Fund (Fund 043).

·        The elimination of the registration of coil cleaners will result in a $12,200 decrease in revenue each year to the Undivided Liquor Permit Fund (Fund 066).

Local Fiscal Highlights

 

LOCAL GOVERNMENT

FY 2004

FY 2005

FUTURE YEARS

Other Local Governments

     Revenues

Negligible loss in revenue from the elimination of the per barrel charge; Potential gain from the issuance of D‑5a and D-5i liquor permits

Negligible loss in revenue from the elimination of the per barrel charge; Potential gain from the issuance of D‑5a and D-5i liquor permits

Negligible loss in revenue from the elimination of the per barrel charge; Potential gain from the issuance of D‑5a and D-5i liquor permits

     Expenditures

- 0 -

- 0 -

- 0 -

Note:  For most local governments, the fiscal year is the calendar year.  The school district fiscal year is July 1 through June 30.

 

·        This bill retains the permit fees for the A-2, B-2, and B-4 liquor permits and eliminates the per barrel charge, thus creating a $1,205 revenue loss in permit fees.  Local Governments, which receive a portion of liquor permit fee revenue, would thus experience a negligible loss in revenue from this source.  However, this bill also makes changes to the D-5a and D-5i permits by issuing these permits to colleges and universities, resulting in a potential increase in the number of permits issued, thus potentially increasing the liquor permit revenue.

 



 

Detailed Fiscal Analysis

 

This bill makes many changes to the state liquor laws including changes in permit fees, eliminates the annual registration fee for coil cleaners of beer-dispensing equipment, allows the Division of Liquor Control to share social security numbers with other state agencies and departments, makes changes in the procedures for disposing of alcohol, repeals the “dry list,” adds conflict of interest language, removes the affidavit of non-availability requirement for Ohio wine manufacturers, and makes a number of technical changes.  Many of these changes will result in minimal administrative savings to the Division of Liquor Control.  However, the following changes may result in a fiscal impact on the state or local governments.

 

Permit Fees

 

Currently, the A-2 (winemaker) annual permit fee is $126 plus 10 cents per barrel over 100 barrels; the B-2 (bottled wine distributor) annual permit fee is $500 plus 10 cents per barrel over 1,250 barrels; and the B-4 (mixed beverages distributor) annual permit fee is $500 plus 10 cents for each barrel over 1,000 barrels.  Approximately $1,205 of the total fees collected for these permits come from the per barrel charge, called assessment fees.

 

This bill retains these permit fees and eliminates the per barrel charge, thus creating a $1,205 revenue loss in permit fees.  Liquor permit fees are deposited into Fund 066 and distributed to the GRF, ODADAS, and local governments.  However, the Division believes that this new fee structure will be much easier to administer and collect than the current system that charges permit holders by the barrel over a specific number of barrels produced or sold.

 

This bill also expands the issuance of D-5a and D-5i liquor permits, for the sale of spirituous liquor for on premises consumption in a motel and restaurant, to colleges and universities.  There is no quota restricting the number of D-5a or D-5i permits that may be issued, which may result in a potential increase in the number of permits issued.  Since the Department already pays for these checks and collects the associated fees, this may potentially increase the liquor permit revenue.  The permit fee for each of these permits is $2,344 plus a $100 processing fee.  The processing fees, required for new permits, are deposited in the Liquor Control Fund (Fund 043).

 

Registration fee for Coil Cleaners

 

            Currently, there are 488 coil cleaners registered by the Division of Liquor Control.  This registration fee is $25, thus bringing in $12,200 in revenue this year.  The elimination of this registration requirement will result in a $12,200 decrease in this revenue each year to the Undivided Liquor Permit Fund (Fund 066), a portion of which flows to local governments.

 

Representatives Registration Fee

 

            Current law requires an annual $25 registration fee for each “representative” registered under the Liquor Permit Law.  However, this bill instead requires a biennial $50 fee upon each agent, solicitor, or salesperson registered under the Liquor Permit Law.  It appears that this will have no overall effect on the Division of Liquor Control.

 

Canceled Permits

 

In addition, current law requires the Division to refund the unexpired portion of the permit fee to the permit holder if the permit holder requests the permit fee to be refunded.  This bill eliminates that requirement.  However, the Division reports that most permit holders do not request a refund because they would then lose their permit.  Instead, most permit holders choose to keep the permit in their name and pay the renewal fees until the Division reinstates their permit.  Therefore, this provision of the bill will not have an effect on the Division.

 

Criminal Record Checks

 

            This bill codifies current practice by the Division of Liquor Control, and allows all other divisions within the Department of Commerce, to seek Bureau of Criminal Identification and Investigation criminal record checks for specified persons and to request the persons to pay the amount necessary to cover the fee charged for the criminal records check.  Therefore, this change in law will have no fiscal impact on any division within the Department.

 

 

 

LSC fiscal staff:  Jeremie Newman, Budget Analyst

 

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