Swearingen's 'Business Expansion and Safety Act' Heads to the Governor

Today, Swearingen’s “Business Expansion and Safety Act” was voted out of both the Ohio House and Senate, as a result, the legislation heads to the governor to be signed into law. The bill intends to help bring revenue and safety back to businesses amid the pandemic.

The Business Expansion and Safety Act will allow bars, restaurants, breweries and wineries to have greater flexibility in their operations to bring in more revenue and assist them in moving forward during and after COVID regulations.

“Businesses have been restricted for so long now due to the threat of COVID-19 and it’s time we give them the opportunities to draw-in some much-needed revenue while simultaneously ensuring the safety of Ohioans,” said Swearingen.

The Business Expansion and Safety Act would do the following:

• Allows for retail permit holders to utilize more outside space on private or public property with approval from the local township or municipality while serving customers;
• Codify into permanent law the “carry-out” drinks allowance by the Ohio Liquor Control Commission; and
• Allows for third party delivery for carryout alcohol for those over the age of 21.

The Senate also added one amendment earlier this week to the legislation that includes the following:

• Specifies qualified permit holders must sell a meal with alcoholic to-go beverages, and prohibits qualified permit holders from selling more than three drinks per meal;
• Sunsets the provisions relating to sales area expansion on December 21, 2022 and requires permit holders to notify DOLC and DPS of permit expansion ten days prior, instead of one; and
• Removed provisions allowing for delivery of spirituous liquor to personal consumers.

The bill has received support from several groups throughout the committee process including the Ohio Restaurant Association, Ohio Licensed Beverage Association, the Greater Ohio Policy Center, the Buckeye Institution, and others.

Swearingen originally introduced the legislation back in May earlier this year after businesses had been facing severe restrictions due to the state of emergency order that was issued, which caused mass closures and capacity limitations.

“I am very pleased to see this crucial bill going to the Governor,” said Swearingen. “We can’t forget our restaurants and other businesses as they are desperately looking to bounce-back from the damage COVID-19 has caused throughout the state.”

The legislation includes an emergency clause and will become law effective immediately once the governor signs the bill.