Permit D-5 may be issued to the owner or operator of a retail food establishment or a food service operation licensed pursuant to Chapter 3717 of the Revised Code that operates as a restaurant or night club for purposes of this chapter, to sell beer and any intoxicating liquor at retail, only by the individual drink in glass and from the container, for consumption on the premises where sold, and to sell the same products in the same manner and amounts not for consumption on the premises as may be sold by holders of D-1 and D-2 permits. A person who is the holder of both a D-3 and D-3a permit need not obtain a D-5 permit. A D-5 permit holder may sell beer and intoxicating liquor from five-thirty a.m. until two-thirty a.m. the following day, but shall not sell beer and intoxicating liquor between the hours of two-thirty a.m. and five-thirty a.m. on any day. The fee for this permit is two thousand three hundred forty-four dollars.

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