(A) Subject to division (B) of this section, a D-8 permit may be issued to either of the following:

1. (1) An agency store;

2. (2) The holder of a C-1, C-2, or C-2x permit issued to a retail store that has any of the following characteristics:

   1. (a) The store has at least five thousand five hundred square feet of floor area, and it generates more than sixty per cent of its sales in general merchandise items and food for consumption off the premises where sold.
   2. (b) The store is located in a municipal corporation or township with a population of five thousand or less, has at least four thousand five hundred square feet of floor area, and generates more than sixty per cent of its sales in general merchandise items and food for consumption off the premises where sold.
   3. (c) Wine constitutes at least sixty per cent of the value of the store's inventory.

(C)

1. (1) The holder of a D-8 permit described in division (A)(2) of this section may sell tasting samples of beer, wine, and mixed beverages, but not spirituous liquor, at retail, for consumption on the premises where sold in an amount not to exceed two ounces or another amount designated by rule of the liquor control commission. A tasting sample shall not be sold for general consumption.
2. (2) The holder of a D-8 permit described in division (A)(1) of this section may allow the sale of tasting samples of spirituous liquor in accordance with section 4301.171 of the Revised Code.
3. (3) No D-8 permit holder described in division (A)(2) of this section shall allow any authorized purchaser to consume more than four tasting samples of beer, wine, or mixed beverages, or any combination of beer, wine, or mixed beverages, per day.

(D)

1. (1) Notwithstanding sections 4303.11 and 4303.121 of the Revised Code, the holder of a D-8 permit described in division (A)(2) of this section may sell beer that is dispensed from containers that have a capacity equal to or greater than five and one-sixth gallons if all of the following conditions are met:

   1. (a) A product registration fee for the beer has been paid as required in division (A)(8)(b) of section 4301.10 of the Revised Code.
   2. (b) The beer is dispensed only in glass containers whose capacity does not exceed one gallon and not for consumption on the premises where sold.
   3. (c) The containers are sealed, marked, and transported in accordance with division (E) of section 4301.62 of the Revised Code.
   4. (d) The containers have been cleaned immediately before being filled in accordance with rule 4301:1-1-28 of the Administrative Code.

2. (2) Beer that is sold and dispensed under division (D)(1) of this section is subject to both of the following:

   1. (a) All applicable rules adopted by the liquor control commission, including, but not limited to, rule 4301:1-1-27 and rule 4301:1-1-72 of the Administrative Code;
   2. (b) All applicable federal laws and regulations.