Chapter 4301:1-1 General Provisions

The following rules shall be known as “The Rules of the Liquor Control Commission of Ohio.”

If any portion of these rules, or the application thereof shall be found to be invalid by a court of law, such invalidity shall not affect the remaining portion or application of these rules that can be given effect without the invalid portion or application, provided such remaining portion or application is not determined by the court to be inseparable, and to this end the rules are declared to be severable.

R.C. 119.032 review dates: 05/17/2007 and 05/17/2012

Promulgated Under: 119.03

Statutory Authority: 4301.03

Rule Amplifies: 4301.03

Prior Effective Dates: 7/5/50, 9/1/81, 6/20/02

(A) As used in and for the purposes of the rules of the liquor control commission:

(1) The term “alcoholic beverage” means any beverage containing one-half of one per cent or more of alcohol by volume.

(2) The word “brand” means a trade name of the manufacturer, supplier, or bottler of an alcoholic beverage, and not the individual product type, kind, or size of the product of the manufacturer, supplier, or bottler.

(3) The word “commission” means the Ohio liquor control commission.

(4) The word “division means the Ohio division of liquor control.

(5) The term “home use” means the purchase of alcoholic beverages by a non-liquor permit holder from manufacturers or wholesale distributors under class A-1, A-2, B-1, B-2, B-4, or B-5 liquor permits, which are to be consumed at a non-liquor permit premises. In a “home use” purchase, the alcoholic beverages are not to be re-sold to guests or invitees, whether by the individual drink or container, or by the inclusion of the purchase price in an admission fee or other fee or charge.

(6) The word “quota” as used in this chapter and when used in reference to permits issued by the division means the maximum number of permits that may be issued by the division within the limitations imposed by statutes, laws, and rules.

(7) The word “renewal” means re-issuance of a liquor permit of the same class to the same permit holder at the same location upon the expiration of an existing permit.

(8) The term “state gallonage tax” means the sum required by section 4301.12 of the Revised Code to be paid into the state treasury.

(9) The term “wine case” when used in conjunction with retail wine sales means a container, holding the number of bottles prescribed by the manufacturer of the wine, of the same size and containing either the same or different types and kinds of wine.

(B) As used in this chapter, all words and phrases defined in section 4301.01 of the Revised Code shall have the same meaning as defined therein.

(C) Gallons, ounces, and container sizes shall have the same meaning, application, and effect as the nearest metric equivalent unit, as set forth in the rules of the commission and as adopted by the United States department of the treasury.

Replaces: 4301:1-1-02

Effective: 08/08/2005

R.C. 119.032 review dates: 06/30/2010

Promulgated Under: 119.03

Statutory Authority: ORC 4301.03(B)

Rule Amplifies: ORC 4301.03, 4301.01, 4301.12

Prior Effective Dates: 7/5/50, 8/1/81, 4/15/88, 9/1/97, 8/9/00

(A) Every wine manufacturer, supplier, importer, bottler, or wholesale distributor operating in the state of Ohio shall have the appropriate federal permit or certificate, in effect, issued by the tax and trade bureau of the United States department of the treasury.

(B) Enforcement

(1) Samples required. Every wine manufacturer, supplier, importer, bottler, wholesale distributor, or retail permit holder shall furnish, upon demand of and without cost to the commission or division, samples of all wines upon its premises for analysis.

(2) Suspension or revocation. The license or authorization to operate of any wine manufacturer, supplier, importer, bottler, wholesale distributor, or retail permit holder may be suspended or revoked, upon proof of violation of any of the provisions of these rules, as provided by the laws of this state.

(C) Minimum price: This section reflects the policy and intent of the commission to maintain effective control over the sale and distribution of wine, an alcoholic beverage, and to prevent abuses caused by the disorderly and unregulated sale of wine. Mandatory price markups: prevent aggressive sales practices that improperly stimulate purchase and consumption, thereby endangering the State’s efforts to promote responsible, and discourage intemperate, consumption of alcoholic beverages; eliminate discriminatory sales practices that threaten the survival of wholesale distributors and retail permit holders; preserve orderly competition; ensure fair prices over the long term; assure adequate consumer choice; and promote compliance with Ohio law and rule.

(1) This rule shall apply to all sales of wine, not for consumption on the premises where sold and in sealed containers, by manufacturers, suppliers, importers, bottlers, wholesale distributors, and retail permit holders.

(2) Pricing:

(a) Manufacturers, suppliers, and importers shall sell to wholesale distributors at the “wholesale invoice cost.”

(b) Wholesale distributors shall sell to retail permit holders at no less than the “minimum retail invoice cost,” which shall be computed by adding a markup of not less than thirty-three and one-third percent to the “wholesale invoice cost,” including freight and taxes.

(c) Retail permit holders and A-1-A permit holders shall sell to consumers at no less than the “minimum retail selling price,” which shall be computed by adding a markup of not less than fifty percent to the “minimum retail invoice cost.”

(d) A-2, B-2, and B-5 permit holders, selling to retail permit holders or A-1-A permit holders, must sell at no less than the “minimum retail invoice cost.”

(e) A-2, B-2, and B-5 permit holders selling to consumers must sell at no less than the “minimum retail selling price.”

(f) B-5 permit holders must sell to B-2 and B-5 permit holders at no less than the “wholesale invoice cost.”

(3) No bottled wine of any kind or description, whether bearing a brand name or private label, shall be imported into or bottled in Ohio and sold or distributed in this state by retail permit holders unless registered for sale in Ohio and a price schedule is in effect. The price schedule shall be in writing and shall contain with respect to each item or brand listed (item or brand means each different type of wine, each different brand, and each different container size) the exact brand or trade name, size or capacity of the container or bottle, kind, and type of wine, the number of bottles or containers contained in each case, and the container and case price to all wholesale and retail permit holders.

(a) The price listed in the price schedule shall be individual for each item or brand and not in any combination with any other item or brand.

(b) A price schedule shall be created and maintained by each manufacturer, supplier, importer, bottler, and wholesale distributor of bottled wine in this state. The price schedule shall be created quarterly on or before the tenth day of December, the tenth day of March, the tenth day of June, and the tenth day of September of each calendar year. The price schedule, as provided herein, shall be effective on the first day of the calendar month following the date of creation.

(c) In the event that a person required to create and maintain a price schedule, as provided herein, determines to make no change in any items or prices listed in the last schedule, and no change in the price of any listed item as required by this rule, then such prices listed in the schedule previously created and in effect shall remain in effect for each quarterly period thereafter until a revised schedule is created for a subsequent quarterly period.

(d) All price schedules shall be subject to inspection by the division and shall not be considered confidential.

(e) Every manufacturer, supplier, importer, bottler, and wholesale distributor that sells, imports, or distributes bottled wine in Ohio shall create and maintain a price schedule, which shall contain:

(i) The name of every brand of wine to be sold in this state;

(ii) The kind and type of wine, size of container, and the alcoholic content thereof;

(iii) The wholesale invoice cost, minimum retail invoice cost, or minimum retail selling price of the wine, as applicable to that person, and as allowed that person under Ohio law and rule;

(iv) Prices for all such wine for single bottles or containers and in case lot quantities. The minimum retail selling price for single bottles or containers shall be fifty percent over the minimum retail invoice cost. The minimum retail selling price of units of one case of the same size (to- wit,; forty-eight splits, twenty-four tenths, twenty-four pints, twelve fifths, twelve quarts, six one-half gallons and four one gallons), type, class, and kind of wine shall be forty percent over the minimum retail invoice cost for that wine. A-1-A, A-2, B-2, B-5, and retail permit holders may calculate and advertise retail wine case prices, as “wine case” is defined in rule 4301:1-1-02 of the Administrative Code, as ten percent off the retail single bottle or container minimum price.

(4) Every manufacturer, supplier, importer, bottler, or wholesale distributor shall furnish to each A-1-A, B-2, or B-5 permit holder who purchases any brand of wine for resale to retail permit holders, a copy of its price schedule for the current period for which such price schedule is effective.

(5) No manufacturer, supplier, importer, bottler, or wholesale distributor shall sell or distribute in Ohio, for resale by retail permit holders, wine at a price less than the minimum retail invoice cost for the size of container, type, or kind of wine.

(6) No retail permit holder shall buy wine from a manufacturer, supplier, importer, bottler, or wholesale distributor at a price less than the listed minimum retail invoice cost set forth in the seller’s price schedule for the size of container, type, or kind of wine.

(7) No retail permit holder shall sell wine at a price less than the listed minimum retail selling price set forth in that person’s price schedule for such wine.

(8) The following sales and purchases at prices below the minimum price prescribed by this rule shall not be deemed a violation of this rule:

(a) Sales of wine made by the owner thereof for the purpose of going out of business or in liquidating the business.

(b) Close-out sales: discontinuance of the sale of an item or brand of wine that has been in the inventory of a B-2, B-5, C-2, D-2 or D-5 permit holder for a period of at least six months from date of the last invoice for the purchase of such item or brand of wine. The permit holder must keep a price schedule and complete documentation of each close-out sale available for inspection upon demand by the division for a minimum of twelve months following the close-out sale. The permit holder may not repurchase the same product, item, or brand of wine for a period of one year from the date of the close-out sale.

(9) Differential pricing practices: manner and frequency of price changes for wine.

(a) Manufacturers, suppliers, importers, bottlers, and wholesale distributors who sell wine to wholesale distributors must give thirty days written notice of any price change to all wholesale distributors to whom they sell their products before initiating the price change. Within five days of receiving said notice, not including Saturday or Sunday, the wholesale distributor must give notice of any resulting price change to its retail accounts.

(b) No manufacturer, supplier, importer, bottler, or wholesale distributor of wine may fix the price to be charged for any package by any other permit holder.

(c) No manufacturer, supplier, importer, bottler, or wholesale distributor of wine may differentiate the price of wine sold to wholesale distributors except when such price differentials are based on reasonable business grounds. A differential price may not be based on a wholesale distributor’s refusal to participate in a price promotion. No manufacturer, supplier, importer, bottler, or wholesale distributor of wine may require a wholesale distributor, and no wholesale distributor of wine may require a retail permit holder, to participate in any price promotion.

(10) The commission may suspend or revoke the license or authorization to operate of any manufacturer, supplier, importer, bottler, wholesale distributor, or retail permit holder in Ohio who advertises, offers for sale, ships, sells, or buys bottled wine at a price less than that prescribed by this rule or stipulated in a price schedule, or who violates any provision of this rule.

Effective: 08/27/2007

R.C. 119.032 review dates: 05/17/2007 and 06/01/2012

Promulgated Under: 119.03

Statutory Authority: 4301.03

Rule Amplifies: 4301.13

Prior Effective Dates: 2/1/71, 6/20/02

(A) “Sacramental wine” is defined as wine used solely for sacramental purposes or religious rites in accordance with ecclesiastical codes.

(B) Pursuant to Revised Code sections 4301.23 and 4303.08, Class B-3 permit holders may sell sacramental wine for religious rites to clergy or administrative officials of religious groups. Class B-3 permit holders shall retain the sworn or affirmed application of the clergy or official required by Revised Code section 4301.23 for a period of at least twelve months from the date of the last invoice for the purchase of sacramental wine. Such application shall be subject to inspection by the division. Upon request by the division, the clergy member or administrative official shall certify their name, address, and official position to the division.

HISTORY: Eff . 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03, 4301.23, 4301.13

Rule amplifies: RC 4301.03, 4301.23, 4301.13, 4303.08

R.C. 119.032 review dates: 04/01/2009

(A) Every mixed beverage manufacturer, supplier, importer, bottler, or wholesale distributor operating in the state of Ohio shall have the appropriate federal permit or certificate, in effect, issued by the federal government.

(B) Enforcement.

(1) Statement of contents and ingredients. Upon request of the division, a manufacturer, supplier, importer, bottler, or wholesale distributor of mixed beverages shall submit to the division a full, complete, and accurate statement of the contents and ingredients of any mixed beverage to which a label is to be or has been affixed. Such statement shall be confidential and shall not be disclosed by any officer or employee of the division, except pursuant to a court order or a subpoena issued for proceedings before the liquor control commission.

(2) Samples required. Every mixed beverage manufacturer, supplier, importer, bottler, wholesale distributor, or retail permit holder shall furnish, upon demand of and without cost to the commission or division, samples of all mixed beverages upon its premises for analysis.

(3) Suspension or revocation. The license or authorization to operate of any mixed beverage manufacturer, supplier, importer, bottler, wholesale distributor, or retail permit holder may be suspended or revoked, upon proof of violation of any of the provisions of these rules, as provided by the laws of this state.

(C) No manufacturer, supplier, importer, bottler, or wholesale distributor of mixed beverages may fix the price to be charged for any package by any other permit holder.

(D) No manufacturer, supplier, importer, or bottler of mixed beverages may differentiate the price of mixed beverages sold to wholesale distributors, except when such price differentials are based on reasonable business grounds. A differential price may not be based on a wholesale distributor’s refusal to participate in a price promotion. No manufacturer, supplier, importer, or bottler of mixed beverages may require a wholesale distributor, and no wholesale distributor of mixed beverages may require a retail permit holder, to participate in any price promotion.

HISTORY: Eff 10-59; 1-1-81; 4-15-88; 1-10-99; 3-25-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03(D), 4301.03(B)

Rule amplifies: RC 4301.03(D) RC 119.032 review dates: 1/1/99, 1/10/04, 1/30/08

A former or current permit holder whose permit has been revoked for cause shall not be issued any permit for a period of one year at that location following the effective date of such revocation. A permit shall not be issued or transferred to a location for a period of one year following the effective date of a revocation or refusal to issue, transfer or renew any permit under division (A) (2) or (B)(1)(2) and (D) of section 4303.292 of the revised code. The effective date of the revocation begins twenty-one days after the mailing date of the revocation order or upon final determination by a court if an appeal is filed or upon the dissolution of a stay order issued by the court. The commission shall have the discretion to waive the enforcement of this rule when special circumstances are shown.

R.C. 119.032 review dates: 09/01/2004 and 04/01/2009

Promulgated Under: 111.15

Statutory Authority: ORC 4301.03

Rule Amplifies: ORC 4301.03 (G)

Prior Effective Dates: 7/5/50, 1/1/99

When in any county, city, village, or unincorporated area of a township the quota for Class C-1, C-2, D-1, D-2, D-3, D-4, or D-5, D-5b, D-5j, or D-7 permits has been filled, the division shall notify the applicant that such quota is filled. The division shall return the permit fee to the applicant upon request of the applicant, providing such request includes an authorization to cancel and withdraw the application. Upon the cancellation, revocation or surrender of any permit, or the expiration of any permit through the failure of the permit holder to renew pursuant to Revised Code section 4303.271 in a location where the quota is filled, then the division shall process applications in the order in which the same were filed with and pended by the division, until the quota is again filled.

HISTORY: Eff 7-5-50; 1-10-99; 3-25-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03(G)

RC 119.032 review dates: 1/1/99, 1/10/04, 1/7/04, 1/30/08

Rescinded eff 3-25-04

(A) Upon written application on forms prescribed and furnished by the division and upon approval by the superintendent of liquor control, the ownership of a permit, location of a permit, ownership and location of a permit, or permits or interests therein may be transferred, unless otherwise prohibited by law or rule.

(1) From the holder thereof to another person when such transfer is in connection with the bona fide sale of the business or personal property assets of such permit holder and the other person and the location meet all other requirements under rule and law.

(2) In case of the death of a permit holder, to the executor or administrator of the estate, and thereafter from the executor or administrator to the legatee or heirs-at-law, or to another person provided, however, that in the case of a transfer to a person other than the legatee or heirs-at-law, such a transfer must be in connection with the bona fide sale of the business or personal property assets of such deceased permit holder, or pursuant to an order of the commission or a court of competent jurisdiction when the other person and the location meet all other necessary requirements under rule and law.

(3) In the case of a bankrupt permit holder to the trustee in bankruptcy, and thereafter from such trustee to another person when such transfer is in connection with the bona fide sale of the business or personal property assets of such bankrupt permit holder, or pursuant to an order of the commission or a court of competent jurisdiction when the other person and the location meet all other necessary requirements under rule and law.

(4) In the case of a receiver having been appointed for a permit holder, to such receiver and thereafter from such receiver to another person when such transfer is in connection with the bona fide sale of the business or personal property assets of such permit holder, or pursuant to an order of the commission or a court of competent jurisdiction when the other person and the location meet all other necessary requirements under rule and law.

(5) In the case of a guardian having been appointed for a permit holder, to such guardian, and thereafter from such guardian to another person when such transfer is in connection with the bona fide sale of the business or personal property assets of such permit holder, or pursuant to an order of the commission or a court of competent jurisdiction when the other person and the location meet all other necessary requirements under rule and law.

(6) In the case of the business of a permit holder having been seized by the internal revenue service or another federal agency or instrumentality, to the purchaser of said business from the internal revenue service or other federal agency or instrumentality. In such event, the application for transfer may be signed by an authorized federal agent or employee on behalf of the permit holder.

(7) From one member to another of a family.

(B) The division shall not transfer a permit after the fifteenth day preceding the expiration of such permit, unless the division has received an application for renewal of such permit for the next renewal period.

(C) After the filing of an application for the transfer of location of an A or B permit, the division of liquor control may, during the pendency of the application, allow the permit holder to store alcoholic beverages at either location, or transfer alcoholic beverages between such locations, prior to the final approval of the transfer of the permit, provided that the distribution or sale of alcoholic beverages pursuant to the permit shall be only from the location to which the permit is issued at the time of the distribution.

(D) The division may assess and collect a processing fee of one hundred dollars with the filing of any application for the transfer of the location of a permit, an application for the transfer of ownership of a permit, location of a permit, ownership and location of a permit, or interests therein.

HISTORY: Eff 12-10-74; 12-1-81; 1-23-86; 1-10-99; 3-25-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03(G)

RC 119.032 review dates: 1/1/99, 1/10/04, 1/7/04, 1/30/08

The division may cancel liquor permits, without refund, pursuant to a voluntary request by the permit holder. Any request for cancellation must be made by the permit holder, a majority of the members of a partnership, by a majority of the managing members of a limited liability company, or by certified resolution of the corporation pursuant to section 1701.76 of the Revised Code. Cancellation of a permit does not preclude the liquor control commission’s authority to hear cases and issue orders with regard to the permit. The division will notify the permit holder of the effective date of the cancellation.

Replaces: 4301:-1-15

Effective: 08/08/2005

R.C. 119.032 review dates: 06/30/2010

Promulgated Under: 119.03

Statutory Authority: ORC 4301.03

Rule Amplifies: ORC 4301.26, 4301.03

Prior Effective Dates: 7/5/50, 9/1/81, 1/10/99, 3/25/04

If a permit holder is unable to operate or desires to discontinue the operation of the permit business for a period in excess of thirty days, the permit holder, a majority of the officers, partners, shareholders, or managing members shall notify the division, by affidavit, giving the reason for the request, specifying the last date of operation of the business, and indicating the period of time the permit holder wishes to remain closed. When the permit holder discontinues operation in excess of thirty days it must be for a bona fide reason. The permit holder must also be a bona fide operator. “Bona fide” operator means substantial service, as distinguished from incidental, sporadic, or infrequent service. No closing authority shall extend beyond one hundred eighty days from the last date of operation of the business, except for good cause. During the period of closing authority, the permit premises shall not be used for any other purpose. At the end of the closing authority period, the permit holder shall resume operation. If the permit holder is unable or unwilling to resume operation and no extension of closing authority has been granted, the division shall not renew the permit. Noncompliance with the above provisions shall be grounds for suspension, revocation, or rejection of the permit.

If the division determines the permit business has been closed in excess of thirty days and the permit holder has not notified the division of the closing within thirty days of the last date of operation of the business, the division shall issue a citation to the permit holder for failure to exercise permit privileges and for being closed more than thirty days without the consent of the division.

This rule is only applicable to a permit holder who has operated its permit business for at least six months, unless the permit holder can show a mental illness, physical disability or other just cause necessitating closure of the permit business prior to six months of operation.

HISTORY: Eff 1-4-54; 7-1-81; 7-10-95; 1-10-99; 3-25-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03(B)

Rule amplifies: RC 4303.27

RC 119.032 review dates: 1/1/99, 1/10/04, 1/7/04, 1/30/08

(A) This rule shall be known as the “Sanitation requirements.”

(B) It shall apply to the permit premises of all holders of permits that authorize retail sales, and to any other permit premises under a permit allowing sales for consumption of alcoholic beverages on the premises, except as provided for in paragraph (G) of this rule.

(C) All such premises shall be provided with an adequate supply of hot and cold running water from a source satisfactory to the board or department of health of the health district in which such premises are located.

(D) All rooms, basements, or other places used to sell, serve, store or consume alcoholic beverages shall be maintained in a clean and sanitary manner at all times.

(E) All fixtures and equipment, including bars, tables, counters, coolers, kitchen utensils and equipment, refrigerators, and extra beer tap rods shall be maintained in a clean and sanitary manner at all times.

(F) All outside doors and outside windows shall be protected against flies and other insects by adequate screens or equally effective means of preventing ingress of flies and other insects.

(G) This paragraph applies only to permit premises to which permits are issued that allow for the sale of alcoholic beverages for on-premises consumption. This paragraph does not apply to D-8 permit holders. Such permit premises shall have:

(1) Separate toile[t] facilities for men and women. Toilet facilities shall contain at least one toilet, complete with seat. If two or more toilets are installed, partitions and doors shall be provided to ensure complete privacy.

(2) Water-flushed toilets, if the permit premises are located in a place where a public water supply and a public sewage system are available.

(3) Toilet facilities of a type and kind approved by the board or department of health of the health district in which the permit premises are located, if the permit premises are located in a place where a public water supply and a public sewage system are not available. Such toilet facilities shall be installed in accordance with specifications of such board or department of health.

(H) All toilet facilities shall be reasonably soundproof, shall be located and constructed so as to assure complete privacy, and shall be easily accessible. No entrance to such toilet facilities for patron or customer use shall open into a kitchen. All toilet facilities shall be in compliance with the standards of the board or department of health of the health district in which such premises are located.

(I) Hand-washing facilities, including wash bowl or lavatory with running water, shall be provided either in each of the separate toilet facilities for men and women, or shall be located convenient to the toilet facilities. In either case, in connection with each such wash bowl or lavatory, there shall at all times be available soap and individual-type sanitary towels or hand dryers.

(J) All toilet facilities shall be kept at all times in a clean and sanitary condition, free from filth and accumulated waste, and in good repair.

(K) All alcoholic beverages held or offered for sale shall be maintained in a potable condition. Conviction in any court of competent jurisdiction of any permit holder, or agent or employee of a permit holder, under section 4399.15 of the Revised Code, shall constitute a violation of this rule.

(L) Any retail permit holder located in an enclosed shopping center, as defined in division (B)(17) of section 4301.01 of the Revised Code but excluding a retail permit holder in a free-standing building on the enclosed shopping center tract of land, or in a multi-tenanted building wherein separate restrooms for men and for women are provided by the owner of such building for the use of the public frequenting the building, or for the use of the customers of all of the tenants in such building, is not required to have separate restrooms on the permit premises, provided that the common restrooms meet the requirements of the local board of health; but no permit holder shall use for its customers the restrooms of another permit holder if such restrooms are located on the permit premises of another permit holder.

HISTORY: Eff 7-5-50; 9-1-82; 11-1-85; 1-10-99; 7-1-01; 3-25-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03(B)

RC 119.032 review dates: 1/10/04, 1/7/04, 1/30/08

All investigations, examinations, and inspections to ascertain the eligibility of an applicant for the issuance, transfer, or renewal of a permit, including review of the ownership of the business or the criminal background of any person having a financial or beneficial interest in the business, shall be made by the licensing section of the division.

HISTORY: Eff. 7-5-50; 7-10-95; 4-29-99; Rescinded and reenacted eff. 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.10(A)(2), 4303.29, 4303.292, 4303.293

R.C. 119.032 review dates: 04/01/2009

If an A-1, A-2, A-3, A-4, B-1, B-2, B-3, B-4, or B-5 permit is suspended due to conditions existing within, upon or about the permit premises or equipment, prior to reinstatement of the permit, the division may re-inspect the premises to determine if such conditions have been corrected.

The provisions of this rule shall also be applicable to persons whose consent to import alcoholic beverages into Ohio has been revoked, cancelled, or refused by the division due to conditions existing within, upon, or about the premises of such person.

HISTORY: Eff 7-5-50; 1-10-99; 3-25-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03(B)

RC 119.032 review dates: 1/1/99, 1/10/04, 1/7/04, 1/30/08

Every permit holder shall display such permit or other evidence of its authority to operate in a conspicuous place on the licensed premises.

At such time as a permit holder receives a suspension order from the Liquor Control Commission, unless a forfeiture is both levied and paid, the permit holder shall post a copy of the suspension order on the effective date of the suspension over the permit. Sales of alcoholic beverages during the suspension are forbidden. Purchases or deliveries of alcoholic beverages from the division of liquor control or from the holder of A-1, A-2, A-4, B-1, B-2, B-4, or B-5 permits during the final fourteen days of any suspension period are not prohibited.

The copy of the suspension order shall continue to cover the permit during the term of the suspension and shall be removed only upon termination of the suspension.

HISTORY: Eff 7-5-50; 9-1-82; 1-31-91; 1-10-99; 3-25-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03(A), 4301.03(B)

Rule amplifies: RC 4301.03(B)

RC 119.032 review dates: 1/1/99, 1/10/04, 1/7/04, 1/30/08

(A) No alcoholic beverages shall be imported into the state of Ohio for resale except upon the written consent of the division. Application for such consent shall be upon forms provided by the division. Consent must be granted by the division prior to said importation. The division shall not grant consent to any party if consent has already been granted to any other party, and is currently in effect. The division shall not grant consent to any supplier to import alcoholic beverages in any calendar year unless the supplier files an affidavit with the division stating that said supplier will comply with all laws of the state of Ohio and rules of the commission concerning alcoholic beverages. Violation of any of the laws or rules may be cause for suspension or revocation of the authorization to import by the commission.

(B) All alcoholic beverages imported into this state for purposes of re-sale to retail permit holders must be consigned and delivered to the warehouse of a wholesale distributor.

Effective: 08/27/2007

R.C. 119.032 review dates: 05/17/2007 and 06/01/2012

Promulgated Under: 119.03

Statutory Authority: 4301.03(B)

Rule Amplifies: 4301.03

Prior Effective Dates: 7-5-50, 12-1-81, 9-30-85, 6-20-02

(A) A resident of the state of Ohio may, with the consent of the division of liquor control, bring into the state of Ohio alcoholic beverages, which were brought into the United States from a foreign country or brought into Ohio from other states or territories of the United States, provided that:

(1) The alcoholic beverage is for the Ohio resident’s personal use and not for resale;

(2) The laws of the United States allow the shipment of the alcoholic beverage into the United States.

(3) The alcoholic beverage is not registered for sale in Ohio.

(4) All taxes due the state of Ohio shall be paid at the time that the consent is requested from the Ohio division of liquor control.

(5) In no event shall the amount of alcoholic beverage to be brought into Ohio exceed fifteen gallons per family household in any three-month period. No amount may be cumulated with any later or earlier-issued consent, and no amount may be pooled with shipments pursuant to any other consent.

(6) If the alcoholic beverage is shipped into Ohio and not personally brought into the United States or Ohio by the purchaser, the shipment may only be received by the individual purchaser named on the sales or shipping order. No other designated person, by way of power of attorney or any other method, may receive said alcoholic beverage, and

(B) Consent may be granted by the division of liquor control following application by the Ohio resident on forms prescribed by the division, in a manner and method as shall be established by the division of liquor control pursuant to this rule.

HISTORY: Eff 1-1-74; 12-1-81; 6-20-02

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03

Replaces: 4301:1-1-23

R.C. 119.032 review dates: 06/01/2007

This rule is promulgated pursuant to the provisions of section 4301.13 of the Revised Code to regulate and stabilize the sale and distribution of beer, wine, and mixed beverages in Ohio.

(A) The division shall not issue or renew a B-1, B-2, B-3, B-4, or B-5 permit unless at all times throughout the permit year, the applicant:

(1) Leases or owns warehouse space. Such space shall be sufficient to store at one time a stock of beer, wine, or mixed beverages equal to ten per cent or more of the wholesale distributor’s annual case volume of beer, wine, or mixed beverage sales to retail permit holders;

(2) Leases or owns delivery equipment;

(3) Maintains brand representation with at least one beer, wine, or mixed beverage manufacturer; and

(4) Maintains sales of beer, wine, or mixed beverages to retail permit holders within the applicant’s assigned sales area or territory , making sales to at least ten per cent of the retail permit holders in said area, with separate sales to retail permit holders accounting for at least ninety per cent of the gallonage handled by the applicant.

(B) The division shall not issue or renew a B-1, B-2, B-3, B4, or B-5 permit to any person who does not in good faith actually carry on or intend to carry on a bona fide beer, wine, or mixed beverage wholesale distributor business by sale to retail permit holders. Failure by a wholesale distributor to actively and in good faith engage in the wholesale distributor business for a period in excess of thirty days shall be prima facie evidence that said wholesale distributor is not actively and in good faith engaging in said wholesale distributor business.

(C) No retail permit holder shall have any financial interest, directly or indirectly by stock ownership or through interlocking directors in a corporation, or otherwise, in the establishment, maintenance, or promotion of, a B-1, B-2, B-3, B-4, or B-5 permit holder.

(D) The commission may suspend or revoke the license or authorization to import or operate of any manufacturer, supplier, importer, bottler, wholesale distributor, or retail permit holder in Ohio for a violation of these rules or any part thereof.

Effective: 08/27/2007

R.C. 119.032 review dates: 05/17/2007 and 06/01/2012

Promulgated Under: 119.03

Statutory Authority: 4301.03

Rule Amplifies: 4301.03, 4301.13

Prior Effective Dates: 1/1/74, 12/1/81, 9/1/97, 6/2/02

No person shall transport alcoholic beverages into this state for delivery or use in this state, or transport the same from place to place within this state, or transport out of this state any shipment of alcoholic beverages originating in this state, unless such person shall be the holder of an “H” permit issued by the division, except as specifically exempted by sections 4301.20, 4301.60, 4303.02 to 4303.24, or 4303.27 of the Revised Code, judicial decision, or this rule. A person registered with the public utilities commission is considered to have a license issued by that commission, and is eligible for a Class H permit pursuant to section 4303.22 of the Revised Code. Manufacturers, suppliers, and brokers, as those terms are defined in section 4301-1-01 of the Administrative Code, who sell spirituous liquor to the division may transport it in their own motor equipment to any of the warehouses, state stores, or state agency stores, operated, controlled by, or under contract with the division.

HISTORY: Eff 7-5-50; 9-1-82; 4-29-99; Rescinded and reenacted eff. 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03(J), 4303.22

R.C. 119.032 review dates: 04/01/2009

Class “H” permit holders shall carry in the cab of each motor vehicle, which is being used for the purpose of transporting alcoholic beverages in the state of Ohio, a copy of the Class “H” permit. The copy shall be produced upon the lawful demand of any division compliance officer, Ohio department of public safety agent, or other law enforcement officer. Railroad companies engaged in the business of interstate commerce are exempted from the requirements of this rule.

HISTORY: Eff 7-5-50; 9-1-81; 4-29-99; 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03(J), 4303.22

R.C. 119.032 review dates: 03/18/2004 and 04/01/2009

Rescinded eff 6-4-04

(A) Cleaning of beer and wine apparatus, pipelines, and barrel tubes.

(1) Beer pipelines, barrel tubes, faucets, and taps must be cleaned not less than every two weeks, or as recommended by the beer manufacturer, equipment manufacturer, or manufacturer of the chemical cleaner used. In all such methods, the cleaning must be done with a suitable detergent, detergent and sterilizer, or either of the above in combination with an external audio frequency device.

(2) Wine dispensing apparatus, pipelines, and barrel tubes must be cleaned at least every thirty days with the solution recommended by the equipment manufacturer.

(B) Pipelines and equipment. The use of any copper or lead tubing is prohibited unless such tubing is tinplated so that beer and wine do not come in contact with the copper or lead.

(C) Beer and wine may be dispensed by any of the following methods: by the use of carbonic gas (carbon dioxide) or other gasses recommended by the manufacturer of the dispensing equipment, or by the use of electrical, hydraulic, or mechanical pumps. In the event pumps are used, the intake for such pumps shall be taken from outside of the building where fresh, clean air is available, and such intake shall be protected with a suitable filter or filters.

(D) Cleaning and sterilizing of receptacles in which alcoholic beverages are served.

(1) All receptacles in which alcoholic beverages are served, except paper, plastic, or styrofoam cups, or others that are used only once and then destroyed, shall be washed after each dispensing in a tank containing hot water and a suitable cleaning agent. All traces of lip rouge and other organic materials shall be removed by mechanical or manual means, preferably with a brush. The receptacle shall then be placed in a second tank containing clear rinse water. The rinse water shall be kept clean at all times either by a constant flow of water into the tank and out an overflow or by frequent changing of rinse water. The receptacle shall then be placed for two or more minutes in a third tank containing a sterilizer. The sterilizer may be either chlorine or another effective bactericide. In either case, the solution shall contain not less than one hundred fifty p.p.m. (parts per million) of available chlorine or its equivalent phenol coefficient. The receptacle shall then be placed on a clean, corrugated drain board and allowed to drain for a few minutes.

(2) In permit premises where commercial-grade electrically-operated sterilizers and cleaning equipment are installed for the purpose of sterilizing and cleaning glassware and chinaware used in connection with the operation of the business conducted on the premises, paragraph (1) of this section need not be complied with if all receptacles in which alcoholic beverages are served are sterilized and cleaned by mechanical method with such equipment.

(3) All receptacles in which alcoholic beverages are served shall be stored in an upside-down position after cleaning until further use.

(E) Coil cleaning record card. All permit holders who have beer or wine coils and barrel tubes shall maintain a record card of the cleaning of such coils and barrel tubes. Such record card shall show the date of each cleaning; the method used; and shall be signed by the person who performed the cleaning. The record card shall provide for a period of six months. The card in use shall be kept upon the permit premises and shall be available at all times for inspection by the division, agents of the department of public safety, local law enforcement officers, and governmental health agencies. Completed cards shall be retained on the permit premises for two years after the date of completion.

(F) Flexible tubing. If flexible tubing is used in the dispensing of beer or wine, it must be of such material that it will not impart taste to the beer or wine. Plastic and synthetic materials are acceptable provided this requirement is met.

(G) Specifications for rubber hose. If rubber hose is used in the dispensing of beer or wine, it shall be manufactured for the purpose of dispensing beer or wine. This hose shall conform to the following specifications.

(1) Construction: The hose shall have an inner tube of white rubber compound so that it will not impart odor or taste to the beer or wine and will not be affected by cleaning chemicals. The thickness shall be not less than one-sixteenth of an inch.

(2) Reinforcement: The hose shall consist of a ply or plies of braided cotton or woven fabrics thoroughly impregnated with a suitable rubber compound to firmly bind the elements of the hose.

(3) Cover: All hose shall have an outer rubber cover.

(4) Branding: Each and every package of hose shall bear the manufacturer’s name and brand designation.

HISTORY: Eff 7-5-50; 8-10-78; 4-15-88; 4-29-99; Rescinded and reenacted eff. 7-23-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03, 4301.22

Rule amplifies: RC 4301.03, 4301.22

R.C. 119.032 review dates: 04/01/2009

Rescinded eff 6-4-04

(A) As used in this rule, “tasting” means the distribution of small amounts of brands of beer in servings of not more than four ounces per person, wine or mixed beverages in servings of not more than two ounces, or spirituous liquor in servings of not more than one ounce, to determine by tasting only the quality and character of the product, and not for general consumption purposes.

(B) B-1, B-2, B-4, B-5, A-1, A-2, A-3, or A-4 permit holders, manufacturers of spirituous liquor, and any person issued credentials pursuant to rule 4301-3-01(I) of the Administrative Code, may conduct a tasting of beer, wine, mixed beverage, or spirituous liquor products, which have been qualified for sale in Ohio and which the permit holder, manufacturer, or registered solicitor is authorized to sell, for marketing purposes only, for themselves or for other groups or organizations. A tasting may be conducted at either the manufacturer’s or distributor’s place of business or any designated place where the event is closed to the general public, except that no tasting of spirituous liquor will take place on the premises of a state liquor agency. The manufacturer or distributor conducting the tasting shall provide the product for the tasting without charge at the designated location. No fees shall be charged or donations accepted to attend or participate in a tasting.

(C) Written notice of any beer, wine, mixed beverage, or spirituous liquor tasting must be submitted to the division of liquor control at least five working days, excluding Saturday and Sunday, before the tasting is to take place, and written approval must be received from the division before such tasting may be held.

HISTORY: Eff 4-4-72; 9-1-81; 4-5-87; 1-10-99; 4-29-99; 4-13-01; 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03

R.C. 119.032 review dates: 03/18/2004 and 04/01/2009

(A) A “returnable original container” is also known as “cooperage” and is:

(1) Any reusable container, title to which is retained by the manufacturer, licensee, or vendor who bottled, sold, or resold beer in such containers; or

(2) Any reusable container, title to which was not retained by the manufacturer, licensee, or vendor who bottled, sold, or resold beer in such container but which the manufacturer, licensee, or vendor, or a direct or indirect associate, agent, representative, employee, agency, distributor, affiliate, or subsidiary of such manufacturer, licensee, or vendor will repurchase or agree to repurchase from any person who has acquired title to such reusable container.

(B) Every permit holder buying beer shall pay, and every permit holder and out-of-state shipper selling beer shall collect, on all returnable original containers a minimum cash deposit as follows:

(1) Bottles:

(a) Twelve ounces or less: – two cents.

(b) More than twelve ounces but less than sixty-four ounces: – four cents.

(c) Sixty-four ounces or more, but less than one hundred twenty-eight ounces: – eight cents.

(d) One hundred twenty-eight ounces: – twelve cents.

(2) Returnable cases: – twenty-seven cents.

(3) Kegs or metal containers: – ten dollars.

(C) The manufacturer’s or wholesale distributor’s memorandum of sale and all other records of sale pertaining to the sale of beer in returnable original containers shall show beverage and deposit separately, and such memorandum or other records shall be kept by every manufacturer, wholesale distributor, and retail permit holder.

(D) No permit holder and no out-of-state shipper of beer shall refuse to immediately refund the full amount of the original deposit on any reusable returnable container upon which a deposit has been made, provided the container is returned in a reusable condition.

(E) Upon the failure of any manufacturer or out-of-state supplier to comply with the provisions of this rule, the division shall refuse to register any beer manufactured or handled by such manufacturer or out-of-state shipper and shall revoke the registration of any beer previously registered by the division.

(F) After the effective date of this rule, all permit holders, manufacturers, and out-of-state shippers shall pay and collect deposits on all returnable original containers in accordance with this rule.

(G) No manufacturer shall use the cooperage, cases, or cartons of any other manufacturer.

HISTORY: Eff 4-4-72; 9-1-81; 4-29-99; 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03

R.C. 119.032 review dates: 03/18/2004 and 04/01/2009

(A) A manufacturer, supplier, or wholesale distributor of alcoholic beverages or their registered solicitor may distribute samples of their products to wholesale distributors, retail permit holders, or their employees, or may distribute samples of sacramental wine for religious rites to clergy. Products eligible to be distributed as samples include any products or vintages qualified for sale in Ohio.

(B) Only employees of manufacturers, suppliers, or wholesale distributors who are registered solicitors, pursuant to Chapters 4301. and 4303. of the Revised Code and section 4301-2-01 of the Administrative Code, may distribute samples pursuant to this rule.

(C) Distribution.

(1) Registered solicitors may distribute samples either by providing a sealed container, not to exceed seven hundred fifty milliliters, or by providing servings of beer of not more than twelve ounces, wine and mixed beverages of not more than two ounces, or spirituous liquor of not more than one ounce, to determine by tasting only the quality and character of the product, and not for general consumption purposes.

(2) Products identified as samples may only be distributed during normal business hours at a permit premises. All such products shall be clearly marked “Sample.”

(3) Registered solicitors may transport samples after they have been opened if the following conditions are met:

(a) The sample container is resealed with a type of lid, stopper, or seal appropriate for the container; and

(b) When in a motor vehicle, the sample container is not accessible from the driver’s seat of the vehicle.

(D) Samples shall not be sold.

(E) Written records of the distribution of samples must be made available to the division of liquor control, upon request, for a period of one year from the date of the distribution.

HISTORY: Eff 11-1-85; 4-15-88; 1-31-91; 1-10-99; 4-6-01; 3-25-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03(B), 4301.03(D)

Rule amplifies: RC 4301.03(D) RC 119.032 review dates: 1/10/04, 1/30/08

(A) The following definitions apply to this rule:

(1) “Consumer Product Instruction”, means a pre-scheduled organized event during which a manufacturer, supplier, broker, wholesale distributor, or their registered solicitor provides the public with one or more alcoholic beverages for the purpose of providing consumer instruction on the quality and characteristics of the beverage or beverages provided.

(2) “Sample Serving”, sometimes referred to as “Trade Spending” or “Bar Spending”, means an alcoholic beverage which is provided by a manufacturer, supplier, broker, wholesale distributor or their registered solicitors to one or more customers in a retail permit premises licensed for on-premises consumption, when the beverage is not provided for the purpose of Consumer Product Instruction.

(B) A manufacturer, supplier, broker, wholesale distributor, or their registered solicitor may conduct Consumer Product Instruction at a retail permit premises licensed for on-premises consumption during normal business hours, but not to exceed two hours in length, subject to the following requirements:

(1) The alcoholic beverages featured in the Consumer Product Instruction must be products:

(a) That are registered for sale in Ohio,

(b) That the permit holder is authorized to sell for on-premises general consumption pursuant to its liquor permit,

(c) That the permit holder has purchased lawfully, and,

(d) That the permit holder has in stock.

(2) The manufacturer, supplier, or wholesale distributor or their registered solicitor shall purchase the alcoholic beverage used in the Consumer Product Instruction from the retail permit holder. The price paid for the alcoholic beverage shall not exceed the price listed on the retail permit holder’s schedule of prices, as required under Administrative Code section 4301:1-1-50.

(3) A consumer may be furnished up to two servings of the below beverages as part of a Consumer Product Instruction event, and each serving shall be limited to the following quantities:

(a) Spirituous Liquor: Not more than 1.5 ounces,

(b) Mixed Beverages: Not more than 4 ounces,

(c) Wine: Not more than 4 ounces, and,

(d) Beer: Not more than 12 ounces.

(4) No manufacturer, supplier, broker, wholesale distributor, or their registered solicitor, or any permit holder shall identify a retail permit premises in any off-premises advertising for any Consumer Product Instruction.

(5) No manufacturer, supplier, broker, wholesale distributor, or their registered solicitor shall compensate or agree to compensate the permit holder, nor shall the permit holder accept or agree to accept compensation for the granting of permission to hold or for the performance of Consumer Product Instruction.

(C) In addition to conducting Consumer Product Instruction, a manufacturer, supplier, broker, wholesale distributor, or their registered solicitor may provide customers in a retail permit premises licensed for on-premises consumption with Sample Servings of the manufacturer’s, supplier’s, broker’s or wholesale distributor’s products, subject to the following requirements:

(1) The provision of a Sample Serving is not contingent upon the purchase of any other alcoholic beverage.

(2) The Sample Serving must be a product:

(a) That is registered for sale in Ohio,

(b) That the permit holder is authorized to sell for on-premises general consumption pursuant to its liquor permit,

(c) That the permit holder has purchased lawfully, and,

(d) That the permit holder has in stock.

(3) The manufacturer, supplier, or wholesale distributor or their registered solicitor shall purchase the Sample Serving from the retail permit holder. The price paid for the Sample Serving shall not exceed the price listed on the retail permit holder’s schedule of prices, as required under Administrative Code section 4301:1-1-50.

(4) A consumer may be furnished up to two Sample Servings of the below beverages during a 24 hour period, and each Sample Serving shall be limited to the following quantities:

(a) Spirituous Liquor: Not more than 1.5 ounces,

(b) Mixed Beverages: Not more than 4 ounces,

(c) Wine: Not more than 4 ounces, and,

(d) Beer: Not more than 12 ounces.

(D) The manufacturer, supplier, broker, wholesale distributor or their registered solicitor and the retail permit holder or their agent and/or employee shall be responsible for any violations of Chapters 4301., 4303., or rules promulgated thereunder in engaging in the activities authorized by this rule.

Effective: 04/07/2006

R.C. 119.032 review dates: 04/01/2011

Promulgated Under: 119.03

Statutory Authority: ORC 4301.03, 4303.251

Rule Amplifies: ORC 4303.251 eff. 2/17/06

Every applicant for a temporary liquor permit shall submit the following information to the Ohio division of liquor control:

(A) A description clearly defining the premises upon which the permit is to be issued.

(B) A copy of a limited vendor’s license for the event for which a temporary permit application is submitted, unless the organization is exempt under division (B)(9) of section 5739.02 and division (B)(12) of section 5739.02 of the Revised Code.

(C) Proof of notification to the chief peace officer of the political subdivision in which the event will be conducted of the date, time, place and duration of the event for which the application is made.

(D) For purposes of this Chapter, a “temporary permit” is a nonrenewable, retail liquor permit that is issued for a specific event and period of time.

HISTORY: Eff 1-31-91; 4-29-99; 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4303.20, 4301.03, 4303.201, 4303.202, 4303.203, 4303.204, 4303.205, 4303.26

R.C. 119.032 review dates: 03/18/2004 and 04/01/2009

(A) Pursuant to Revised Code 4303.20, the association, labor union, charitable organization, or employer that receives a temporary Class F liquor permit shall be the holder of the special function for which the permit was granted.

(B) The permit holder shall direct the payment of the proceeds from the function to the social, recreational, benevolent, charitable, fraternal, political, patriotic, or athletic purpose, provided that the proceeds will not be directed for the profit or gain of any person.

HISTORY: Eff. 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03, 4303.20

R.C. 119.032 review dates: 04/01/2009

(A) The not for profit entity that applies for and receives a temporary liquor permit from the division shall be the holder of the event for which the permit was granted.

(B) In accordance with paragraph (A) of this rule and pursuant to Revised Code section 4303.202, a Class F-2 liquor permit applicant may request that the permit be issued jointly to the applicant and a Class D-3, D-4, or D-5 liquor permit holder, who is to conduct the sale of beer and intoxicating liquor at the event.

(C) The not for profit entity that received the temporary permit shall direct the payment of the proceeds from the event to the purpose specified on the application, provided that the proceeds will not be directed for the profit or gain of any person.

HISTORY: Eff. 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03, 4303.201, 4303.202, 4303.203, 4303.204, 4303.205, 4303.206

R.C. 119.032 review dates: 04/01/2009

(A) Except for those products registered pursuant to division (A)(8)(B) of section 4301.10 of the Revised Code, which are for sale in the state and are accompanied by a copy of the federal label and product approval, every distiller, bottler, manufacturer or compounder manufacturing prepared beer, wine, or mixed beverages, having an alcoholic content of not less than one-half of one per cent by volume and not more than twenty-one per cent by volume, and sold or distributed in the state of Ohio is required on demand to submit to the division for chemical analysis at least a twenty-five fluid ounce representative sample of each brand in the original container, such samples to be furnished without expense to the division. This rule shall also apply to holders of B-1, B-4 and B-5 permits who sell or distribute in Ohio beer, wine, and mixed beverages having an alcoholic content of not less than one-half of one per cent by volume and not more than twenty-one per cent by volume.

(B) All manufacturers and wholesale distributors of beer, wine and mixed beverages shall upon demand of the commission or division furnish without cost to the commission or division samples of any and all beer, wine and mixed beverages manufactured or sold by them, for the purpose of examination and chemical analysis.

HISTORY: Eff. 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03

Rule amplifies: RC 4301.03

R.C. 119.032 review dates: 03/18/2004 and 04/01/2009

(A) In any hearing before the liquor control commission, a laboratory report from the Ohio department of public safety, the bureau of criminal identification and investigation, a laboratory operated by another law enforcement agency, or a laboratory established by or under the authority of an institution of higher education that has its main campus in this state and that is accredited by the “Association of American Universities” or the “North Central Association of Colleges and Secondary Schools,” primarily for the purpose of providing scientific services to law enforcement agencies, and signed by the persons performing the analysis, stating the substance which is the basis of the alleged offense has been analyzed and stating findings as to the contents, identity, and other characteristics of the substance or alcohol is prima facie evidence of the content, identity, other characteristics, and chemical analysis of the substance. Attached to the report shall be a copy of a notarized statement by the signer of the report giving the name of the signer, stating that the signer is an employee of the laboratory issuing the report, that performing the analysis is part of the signer’s regular duties, and giving an outline of the signer’s education, training, and experience in performing analysis of material included under this rule. The signer shall attest that scientifically accepted tests were performed with due caution, and that the evidence was handled in accordance with established and accepted procedures while in the custody of the laboratory.

(B) The report shall not be prima facie evidence of the contents, identity, or other characteristics of the substance if the permit holder or the permit holder’s attorney demands, in writing within three days from the time of the written report is offered as evidence, the testimony of the person signing the report, for good cause shown, on the basis that the report is either irregular on its face or defective in its conclusion.

(C) If the permit holder or the permit holder’s attorney challenge the report pursuant to paragraph (B) of this rule, the hearing in which the challenged report is intended to be part of the record, shall be continued to a date set by the liquor control commission in order that the preparer of the report can be called to testify as to his findings contained therein.

(D) Any permit holder or its attorney is entitled upon written request made to the liquor control commission to have a portion of the substance that is the basis of the alleged violation preserved for the benefit of independent analysis performed by a laboratory analyst employed by the permit holder. Such portion shall be a representative sample of the entire substance that is the basis of the alleged violation and shall be of sufficient size, in the opinion of the commission, to permit the analyst to make a thorough scientific analysis concerning the identity of the substance. If the liquor control commission determines that such a sample portion cannot be preserved and given to the analyst, the commission shall so inform the permit holder or its attorney. In such a circumstance, the permit holder or its attorney, is entitled upon written request made to the liquor control commission, to have made available to it the recorded data which formed the basis of the analysis of the substance that is the basis of the alleged violation.

HISTORY: Eff 9-1-81; 4-15-88; 4-29-99; 6-4-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 4301.03, 4301.04

Rule amplifies: RC 4301.04(G), 4301.03

R.C. 119.032 review dates: 03/18/2004 and 04/01/2009

Rescinded eff 6-4-04

Rescinded eff 6-4-04

This rule reflects the policy and intent of the commission to maintain effective control over the sale and distribution of alcoholic beverages and to prevent abuses caused by the disorderly and unregulated sale of such products. Alcoholic beverages are a unique product that require strict regulation to: promote temperance by preventing consumption by underage persons and by discouraging abusive consumption by adults, promote orderly markets by requiring transparent, accountable and stable distribution and the prevention of unfair competition and facilitate the collection of taxes related to the sale and consumption of such products.

(A)

(1) No retail permit holder shall acquire by purchase, either directly or indirectly, or by any means whatsoever, any signs, fixtures, furniture, or other equipment used in connection with the conduct of the retail business from any manufacturer or wholesale distributor of alcoholic beverages at a cost less than the full cost to the manufacturer or wholesale distributor. No manufacturer or wholesale distributor of alcoholic beverages shall sell or furnish, either directly or indirectly, or by any means whatsoever, any signs, fixtures, furniture, or other equipment used in connection with the operation of a retail permit holder’s business at a cost less than the full cost to the manufacturer or wholesale distributor, except as otherwise provided in sections 4301.22 and 4301.24 of the Revised Code, rule 4301:1-1-44 of the Administrative Code, and this rule.

(2) No retail or wholesale permit holder shall accept any premiums, gifts, discounts based on quantity of sales or any other reason, cash discount sales, rebates, or kickbacks, either in money, merchandise, or thing of value, from any manufacturer or wholesale distributor of alcoholic beverages. No manufacturer or wholesale distributor of alcoholic beverages shall offer or give to any retail or wholesale permit holder any premiums, gifts, discounts based on quantity of sales or any other reason, cash discount sales, rebates, or kickbacks, either in money, merchandise, or thing of value.

(3) A sales or incentive program may be conducted by the owner of the brand name or trademark, or an authorized supplier of alcoholic beverages, on an interstate, national, or statewide basis, so long as that program includes an award, payment, or reduction of price on future purchases to a wholesale permit holder or their employee, and may be based on the sales of the product.

(4) No retail permit holder shall solicit, for their own benefit, donations of money, merchandise, thing of value, or credit from any wholesale distributor or manufacturer of alcoholic beverages. No retail permit holder shall sell, for their own benefit, tickets to parties, picnics, entertainment, or similar events to any wholesale distributor or manufacturer of alcoholic beverages. No retail permit holder shall become a member of or pay dues to any organization of manufacturers or wholesale distributors.

(5) No wholesale distributor or manufacturer of alcoholic beverages shall solicit, for their own benefit, donations of money, merchandise, or thing of value from, or give credit to, any retail permit holder. No wholesale distributor or manufacturer of alcoholic beverages shall sell, for their own benefit, tickets to parties, picnics, entertainment, or similar events to any retail permit holder.

(a) No wholesale distributor of alcoholic beverages shall become a member of or pay dues to any organization of retail permit holders.

(b) A manufacturer may become a member of or pay dues to any statewide or national organization of retail permit holders.

(c) A manufacturer or supplier may participate in retail permit holder association conventions, retail trade shows, and meetings. A manufacturer or supplier may:

(i) Display its products at a convention or trade show;

(ii) Rent display booth space if the rental fee is not excessive and is the same as that paid by all exhibitors;

(iii) Provide its own hospitality, which is independent from association-sponsored activities;

(iv) Purchase tickets to functions and pay registration fees if the payments or fees are not excessive and are the same as those paid by all exhibitors; and

(v) Make payments for advertisements in programs and brochures issued by retail permit holder associations at a convention or trade show if the payments are not excessive and are the same as those paid by all exhibitors.

(B) No manufacturer or wholesale distributor of alcoholic beverages shall furnish advertising specialties or utilitarian specialties to any retail permit holder at less than their full cost, including glassware or other containers intended for the serving of alcohol beverages, except that:

(1) Bottle or can openers, key chains, beads, bottle or can holders, buttons, novelty hats, lapel pins, calendars, and other similar items intended for use by consumers and pouring spouts, wine lists, and shelf stickers which bear a brand name or logo for any type of alcoholic beverage, may be furnished by the manufacturer, supplier, or wholesale distributor free of charge to any retail permit holder. The cost of each item shall not exceed three dollars per item.

(2) Trays, bar caddys, bar mats, matches, crumbers, stir sticks, menu cards, paper coasters, foam scrapers, olive picks, back bar display pieces, lighters, cigar cutters, T-shirts, hats, wine bottle seals, buckets, glassware or other containers intended for the serving of alcohol beverages, and other similar items, which bear a brand name or logo for any type of alcoholic beverage, may be furnished by the manufacturer or supplier free of charge to any retail permit holder. The cost of each item shall not exceed twenty-five dollars per item and at no cost to the wholesale permit holder. However, no manufacturer or supplier shall furnish to an individual retail permit holder more than twenty-five dollars worth of glassware or other containers intended for the serving of alcohol beverages at one time, and shall not furnish glassware to an individual retail permit holder more than twice per year.

(3) Temporary display racks, clocks, and price boards of any type may be furnished directly by the manufacturer or supplier, without expense to the wholesale distributor, free of charge to any retail permit holder if they bear a brand name and the cost of any such item furnished does not exceed three hundred dollars per item. Said clocks and price boards shall not be considered to be electric or neon signs under paragraph (G) of rule 4301:1-1-44 of the Administrative Code, provided that they are not displayed in the show windows of a retail permit premises.

(4) Signs, banners, posters, placards, designs, mirrors, devices, including illuminated devices, decorations, graphic displays, or other similar items bearing advertising and for use in the windows or elsewhere in the interior of a retail establishment, may be furnished free of charge to a retail permit holder by a manufacturer, supplier, importer, or wholesale distributor, provided that the manufacturer, supplier, importer, or wholesale distributor shall not directly or indirectly pay or credit the retail permit holder for displaying such items or for any expense incidental to their operation. Such items may also include the brand name, price, and the retail permit holder’s name, address, slogan, marking, or other logo.

(5) A manufacturer or wholesale distributor may render to a retailer such incidental services as are mutually beneficial to the merchandising of their product, and are not otherwise prohibited by law.

(a) The rearranging or resetting of all or part of a retail permit premises by an individual manufacturer, supplier, or wholesale distributor is not hereby authorized.

(b)

(i) The manufacturer, wholesale distributor, or retail permit holder initiating a set must give written notice of the date and time of the set and the name of their contact person to all A or B permit holders supplying product to the retail permit holder at least twenty-four hours prior to a scheduled set of the premises.

(ii) The manufacturer, wholesale distributor, or retail permit holder initiating a reset must give written notice of the date and time of the reset, and the name of their contact person to all A or B permit holders supplying product to the retail permit holder at least five days, not including Saturday or Sunday, prior to a scheduled reset of the premises.

(iii) The written notice may be delivered in person, via mail, or via facsimile. No notice is required when a set or reset involves alcoholic beverages supplied by only a single A or B permit holder.

(c) During a set or reset, an A or B permit holder is prohibited from arranging any brands of alcoholic beverages other than their own brands, or affixing price stickers or any other markers to individual containers.

(d) Set of a retail permit holder’s premises or a display in a retail permit holder’s premises.

(i) For purposes of this rule, the word “set” means the creation of a display area for alcoholic beverages within a retail permit premises. A set occurs either when a new location is established by a retail permit holder or a new display is established by an A or B permit holder in a retail permit holder’s premises.

(ii) During a set, A or B permit holders may: design their own outpost, end cap, bulk aisle display, or other similar display, in the space assigned to them by the retail permit holder; place price signs on a display they create; or remove alcoholic beverages from the retail permit holder’s storage area to the display area to be used in the creation of the display.

(e) Reset of a retail permit holder’s premises or a display in a retail permit holder’s premises.

(i) For purposes of this rule, the word “reset” means the rearrangement of alcoholic beverages in a display area within a retail permit premises. A reset may be initiated by a retail permit holder or an A or B permit holder that supplies alcoholic beverages to the retail permit holder.

(ii) During a reset, an A or B permit holder is prohibited from accepting for return or exchange from the retail permit holder, or returning to the retail permit holder’s storage area, any alcoholic beverages that will not fit in the area assigned by the retail permit holder for the reset.

(f) For purposes of this rule, “stocking” of alcoholic beverages mean the refilling or replenishment of empty or partially empty shelves or displays. A and B permit holders are prohibited from stocking alcoholic beverages in any retail permit premises, except as provided for in paragraph (B)(2)(d)(ii) of this rule.

(g) For purposes of this rule, “rotation” of or “rotating” alcoholic beverages means the rearrangement of alcoholic beverages within a pre-assigned space, moving the older containers to the front and the newer containers to the back, to ensure that the older containers sell first. A and B permit holders may rotate alcoholic beverages that they supplied to a retail permit holder within shelves, end caps, display areas, or storage rooms. A and B permit holders are prohibited from moving alcoholic beverages from one area to another, i.e. from storage room to end cap. Where end caps or other displays are used, A and B permit holders are permitted to move alcoholic beverages from within an area, such as from one sales area to another sales area, i.e. from end cap to shelf, but only to ensure that the older containers on the sales floor sell first.

(6) The division of liquor control may allow packaging of spirituous liquor with nonalcoholic items without increasing the price of the spirituous liquor.

(7) A manufacturer or supplier may give their own logo- or brand-identified items, which have a cost of less than twenty-five dollars per item, directly to consumers on a retail permit premises.

(8) Utilitarian display enhancers, whether brand identified or not, which cost two hundred dollars or less, may be provided free of charge by manufacturers or suppliers to retail permit holders for use in alcoholic beverage displays on the retail permit premises. All utilitarian display enhancers must be returned to the manufacturer, supplier, or their agent, that furnished them when the display is taken down.

(C) No manufacturer or wholesale distributor of alcoholic beverages shall sell or deliver to any retail permit premises any alcoholic beverages that the retail permit holder is not authorized to resell by law.

(D)

(1) No wholesale distributor of alcoholic beverages may sell or deliver to another wholesale distributor of alcoholic beverages any alcoholic beverages that the wholesale distributor, to whom said alcoholic beverages are sold or delivered, is not authorized to resell by law and by written agreement with the manufacturer, the supplier authorized by the manufacturer to import such alcoholic beverages into Ohio, or pursuant to section 4301.241 of the Revised Code.

(2) When alcoholic beverages are imported from without the state of Ohio, the wholesale distributor receiving said alcoholic beverages, including B-2 permit holders receiving alcoholic beverages from B-5 permit holders, must have authorization from the manufacturer of the product, or from the supplier that the manufacturer has authorized to import such product in Ohio.

(3) The division shall not grant consent to import for, or approve the registration of, any brand of beer or intoxicating liquor until the supplier files the appropriate forms with the division. Such filing shall consist of the filing of the applications for supplier and label registration and territory designation forms with the division by the supplier. In addition, the division of liquor control shall not grant consent to import or approve the registration of any brand of beer or intoxicating liquor to any party if consent to import or registration for such brand has already been granted to any other party and is currently in effect. The division shall not grant consent to import, or approve the registration or accept a territory designation form if it would allow any A or B permit holder to distribute the same brand or brands of beer or intoxicating liquor within the same sales area or territory assigned to another A or B permit holder by the manufacturer or the supplier authorized by the manufacturer to import such products in Ohio.

(a) Upon the appointment or change of appointment of the supplier by a manufacturer, the supplier shall immediately provide the division of liquor control with evidence of written authorization from the manufacturer that it represents that brand or those brands of beer or intoxicating liquor in Ohio.

(b) Failure on the part of any supplier to provide the division with evidence of the manufacturer’s authorization, or to discontinue shipping upon termination of any authorization, shall be cause for the division to cite the supplier before the commission for suspension or revocation of that supplier’s registration in Ohio.

(4) No wholesale distributor shall handle or deliver any brand of alcoholic beverage that has been introduced for sale or otherwise acquired for sale in the state of Ohio after November 1, 1985, in any sales area or territory that has not been assigned by the manufacturer or the supplier authorized by such manufacturer to import the brand or brands into Ohio. The manufacturer or supplier shall file with the division a description of the designated sales area or territory, with a copy sent to the affected wholesale distributor.

(E) No manufacturer, supplier, or wholesale distributor of alcoholic beverages shall accept the return of or repurchase any alcoholic beverages from any retail permit holder, and no manufacturer or supplier shall accept the return of or repurchase any alcoholic beverages from any wholesale distributor, except as follows:

(1) The manufacturer, supplier, or wholesale distributor may, but shall not be required to, repurchase from a retail permit holder any alcoholic beverages when the retail permit holder’s permit has been revoked, not renewed, or the right to sell the alcoholic beverages has been canceled in any manner by law or by action of the manufacturer or supplier, provided that the alcoholic beverages are sealed and intact.

(2)

(a) The manufacturer, supplier, or wholesale distributor may, but shall not be required to, replace with the same or similar alcoholic beverages any alcoholic beverages when the container or labels have deteriorated or become damaged, or when a package or product is discontinued by a manufacturer. Any alcoholic beverages that are being replaced shall be replaced with a package or product of comparable price.

(b) When any alcoholic beverages, in the opinion of the person supplying said beverages, are unpalatable or are about to become unpalatable, such person may replace said beverages with the same or similar alcoholic beverages.

(c) When any alcoholic beverages are delivered in error, the manufacturer, supplier, or wholesale distributor may pick up the alcoholic beverages within seven days, not including Saturday or Sunday, from the original date of delivery.

(d) Except for unpalatable alcoholic beverages, it is further provided that no manufacturer or wholesale distributor shall repurchase or replace any alcoholic beverages in the possession of a retail permit holder unless the contents are sealed and intact, and were originally sold by the manufacturer or wholesale distributor, or their immediate predecessor.

(F) No provision of this rule shall be construed to affect or modify the provisions of sections 4301.22 or 4301.24 of the Revised Code or rule 4301:1-1-44 of the Administrative Code. Violations of this rule shall be grounds for revoking or suspending any permit or permits, and in the event the person violating said rule is a manufacturer or supplier located outside of Ohio, the violation of this rule shall subject such manufacturer or supplier to a suspension or revocation of the consent to import into this state.

(G) No A or B permit holder may accept a cash deposit or any form of prepayment from a retail permit holder, which cash deposit or prepayment is to be credited against future deliveries of alcoholic beverages, except where said cash payment is in the exact amount of a specific order to be shipped upon receipt of payment. No retail permit holder shall offer a cash deposit or prepayment except as provided herein.

(H)

(1) No manufacturer, supplier, or their employees who are currently registered solicitors pursuant to Chapters 4301. and 4303. of the Revised Code and rule 4301-3-01 of the Administrative Code, shall sell or offer for sale to any wholesale distributor, and no wholesale distributor shall purchase or receive from any manufacturer or supplier, or their employees who are currently registered solicitors pursuant to Chapters 4301. and 4303. of the Revised Code and rule 4301-3-01 of the Administrative Code, any alcoholic beverages except for cash upon receipt of such alcoholic beverages in saleable condition and upon receipt of the sales invoice. The determination of saleable condition by the wholesale distributor must occur within five days, not including Saturday or Sunday, of receipt of the alcoholic beverages.

(2) No wholesale distributor shall sell or offer to sell to any retail permit holder, and no retail permit holder shall purchase or receive from any wholesale distributor, any alcoholic beverage except for cash upon receipt of such alcoholic beverage.

(I) Any permit holder who pays the application processing fee, permit fee, or renewal permit fee to the division, or who pays for alcoholic beverages from a manufacturer, supplier, or wholesale distributor, with a check that is not honored for payment by the permit holder’s financial institution, shall be subject to rejection of its application, or suspension or revocation of its permit, by the commission, or administrative citation by the division.

(J)

(1) No wholesale permit holder shall sell any brand of alcoholic beverages to any retail permit holder, for resale at retail, if the retail permit premises are located outside the wholesale permit holder’s exclusive sales area or territory, without first receiving consent from the division of liquor control and the manufacturer or supplier of such alcoholic beverages.

(2) No retail permit holder shall purchase any brand of alcoholic beverages from any wholesale permit holder, for resale at retail, if the retail permit premises are located outside the wholesale permit holder’s exclusive sales area or territory, except as provided for in this rule.

(K) Depletion allowance programs are prohibited.

(L) Wholesale distributors may furnish temporary draft equipment to any retail permit holder, who is authorized to sell beer for on-premises consumption, for a period not to exceed seven days and not more than once per month per retail permit holder if a fair market rental is paid by the retail permit holder.

Effective: 08/27/2007

R.C. 119.032 review dates: 05/17/2007 and 06/01/2012

Promulgated Under: 119.03

Statutory Authority: 4301.03

Rule Amplifies: 4301.22, 4301.24

Prior Effective Dates: 7-1-74, 11-1-85, 5-16-88, 7-10-95, 9-1-97, 6/20/02, 6/4/04

(A) Definitions. For purposes of this rule:

(1) “Advertisement” means any written or verbal statement, illustration, or depiction created to induce sales through a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means. “Advertisement” does not include a label on an alcoholic beverage container.

(2) “Sign” means a lettered board or placard placed in the interior of or in the exterior windows of a permit premises to advertise the business transacted within or the alcoholic beverages sold by the permit holder, by displaying the brand name, trade name, designation, or other emblem indicating the manufacturer, supplier, or wholesale distributor of such alcoholic beverages.

(B) Manufacturers, suppliers, and wholesale distributors of alcoholic beverages, and retail permit holders are permitted to advertise their products in Ohio via print or electronic media or signage. Advertisements may include the retail price of alcoholic beverages.

(C) Manufacturers and suppliers of spirituous liquor may advertise their products in Ohio, and such advertisements may contain the statement that spirituous liquor may be purchased in original containers for consumption off the premises where sold, together with the prices established and published by the division.

(D) Prohibited and permitted activities.

(1) No billboard advertisement of any brand of alcoholic beverage is permitted within five hundred feet of any church, school, or public playground. No advertisement shall be permitted on any public or non-public elementary or secondary school property.

(2) No advertisement shall condone or encourage excessive use of alcoholic beverages, nor shall any advertising portray intoxication.

(3) No advertisement shall represent, portray, or make any reference to children.

(4) No advertisement shall represent, portray, or make any reference to Santa Claus.

(5) Manufacturers, suppliers, and wholesale distributors of alcoholic beverages may send direct mail advertisements to a retail permit holder or the general public. In the use of direct mail advertisements, manufacturers, suppliers, and wholesale distributors may refer to retail prices.

(6) The advertisement of any alcoholic beverage shall not contain any statement that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter tends to create a misleading impression.

(E) Unless otherwise permitted, no manufacturer, supplier, or wholesale distributor of alcoholic beverages may sponsor or participate in any advertising for or with any retail permit holder.

(F) Except as provided for in this paragraph, no manufacturer, supplier, or wholesale distributor of alcoholic beverages shall state in any way or give the name or address of any permit holder where the alcoholic beverages handled by such manufacturer, supplier, or wholesale distributor may be obtained or purchased. A manufacturer, supplier, or wholesale distributor may state or give the name or address of a permit holder where the alcoholic beverages handled by such manufacturer, supplier, or wholesale distributor may be obtained or purchased when the manufacturer, supplier, or wholesale distributor meets all of the following requirements. The manufacturer, supplier, or wholesale distributor:

(1) Is responding to a direct inquiry from a consumer received by telephone, mail, an electronic inquiry, or in person.

(2) Provides the names of two or more unaffiliated retail permit holders.

(3) Provides written text only, graphics or images being prohibited.

(4) Lists only the following information about the unaffiliated retail permit holders: the name of the retail permit holder, the permit premises address, web site address, electronic mail address, and telephone number.

(5) Provides no other information about the retail permit holders. This prohibition includes but is not limited to product prices, a description of the retail permit holder’s services, and links to a retail permit holder’s web site.

(6) Provides the information on each retail permit holder in identical format, and

(7) Pays all costs for the production of the provision of the information. The manufacturer, supplier, or wholesale distributor may not accept compensation or any other thing of value for the provision of the information.

(G) Signs or advertisements on a permit premises.

(1) Electric or neon signs, advertising any individual brand of alcoholic beverage, may be displayed in the exterior windows or interior of any retail permit premises, provided that not more than two such signs may be displayed in all of the exterior windows of the retail permit premises.

(2) Signs or advertisements, other than electric or neon, advertising an individual brand of alcoholic beverage, may be displayed within the permit premises or in the exterior windows of a retail permit premises without limitation as to size or number

HISTORY: Eff. 7-5-50; 9-20-84; 4-16-88; 1-10-99; 7-1-01; Rescinded and reenacted eff. 6-4-04

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 4301.03(B), 4301.03(E)

Rule amplifies: RC 4301.03(B), 4301.03(E), 4301.22, 4301.24

R.C. 119.032 review dates: 04/01/2009

(A) Unless authorized under Revised Code Chapters 4301. or 4303., or rules promulgated thereunder, no merchandise or thing of value shall be given away in connection with the purchase of an alcoholic beverage.

(B) A manufacturer or supplier of alcoholic beverages, their registered solicitor, or a third party acting on behalf of the manufacturer or supplier, excluding a wholesale distributor or retail permit holder, may offer contests, prizes, sales incentive programs, rebates, or other promotions. Contests, prizes, sales incentive programs, rebates, or other promotions may not be used by a wholesale distributor or retail permit holder to reduce the price of the alcoholic beverage.

(1) A manufacturer or supplier of alcoholic beverages, their registered solicitor, or a third party acting on behalf of the manufacturer or supplier, a wholesale distributor, or a retail permit holder may notify the consumer of a contest, prize, sales incentive program, rebate, or other promotion through printed or other media or methods.

(2) The entry forms and the point-of-sale materials for a contest, prize, sales incentive program, rebate, or other promotion may be distributed by the manufacturer or supplier of alcoholic beverages, their registered solicitor, a third party acting on behalf of the manufacturer or supplier, or a wholesale distributor for display and dissemination at the premises of a wholesale distributor or retail permit holder.

(3) In no event shall any contest, prize, sales incentive program, rebate, or other promotion be made with the financial assistance of any wholesale distributor or retail permit holder. No manufacturer or supplier shall require a wholesale distributor or retail permit holder to participate in a contest, prize, sales incentive program, rebate, or other promotion, or be subject to any quota or other arrangement that requires the wholesale distributor or retail permit holder to purchase products of the manufacturer or supplier in order to distribute the entry forms or point-of-sale materials for the contest, prize, sales incentive program, rebate, or other promotion.

(4) At no time shall any manufacturer or supplier establish any quota or numerical amount of entry forms or point-of-sale materials that must be distributed by the wholesale distributor to any specific class or type of retail permit holder.

(5) No manufacturer, supplier, or wholesale distributor shall discriminate between permit holders within the same permit class, based upon size or purchases of a particular brand, when distributing entry forms or point-of-sale materials.

(C) Should any of the contests, prizes, sales incentive programs, rebates or other promotions offered by the manufacturer or supplier be determined to be in violation of any federal law or rule, or state law or rule, the manufacturer or supplier shall be solely responsible and liable for the violation. In the event of such violation by the manufacturer or supplier, the wholesale distributor or retail permit holder shall be held harmless by the manufacturer or supplier, and shall not be deemed in violation of the state law or rule.

(D)

(1) No employee, or member of the employee’s immediate family, of the manufacturer, supplier, wholesale distributor, or retail permit holder shall be eligible to receive any prize or award from the contest, prize, sales incentive program, or other promotion. Employees, and members of the employee’s immediate family, of the manufacturer, supplier, wholesale distributor, or retail permit holder are eligible to apply for and receive a rebate, provided that they meet the same requirements as any consumer who applies for and receives a rebate.

(2) The manufacturer or supplier shall respond directly to the consumer about the contest, prize, sales incentive program, rebate or other promotion.

(3) No prize, award, or rebate may be made by or awarded through any retail or wholesale permit holder.

(4) No purchase of alcoholic beverages shall be required to participate in a contest, prize, sales incentive program, or other promotion; however, the purchase of alcoholic beverages may be required to participate in a rebate. Alcoholic beverages shall not be a prize or be given to any participant in any contest, prize, sales incentive program, rebate, or other promotion. No coupon, discount, or similar device involving reducing the cost of the alcoholic beverages at the point of sale shall be permitted.

(5) No one under the age of twenty-one shall be permitted to participate in or be awarded a prize, award, or rebate from a contest, prize, sales, incentive program, rebate, or other promotion.

(E) At no time shall a participant in a contest, prize, sales incentive program, rebate, or other promotion receive a prize, award, or rebate at the point-of-sale or from any retail permit holder or wholesale distributor. Prizes, awards, or rebates may be claimed by mail or other means that are not located at a retail permit holder’s or wholesale distributor’s permit premises.

(F) The entry form for the contest, prize, sales incentive program, or other promotion may be attached by the manufacturer or supplier to any container of alcoholic beverage, or to any carrier or packaging containing such product, only if other methods of entry are readily available to the consumer at the place of purchase, without requiring the purchase of such product. A rebate form may be attached by the manufacturer or supplier to any container of alcoholic beverage, or to any carrier or packaging containing such product, without making other methods of entry available, if a purchase of the alcoholic beverage is required to receive the rebate.

Effective: 11/14/2005

R.C. 119.032 review dates: 08/10/2005 and 06/30/2010

Promulgated Under: 119.03

Statutory Authority: RC 4301.03

Rule Amplifies: RC 4301.22, 4301.24

Prior Effective Dates: 7/5/50, 11/1/85, 5/11/92, 4/6/01

(A) No beer or intoxicating liquor shall be sold or served to occupants of automobiles, for consumption therein, and no “curb service” shall be furnished by any permit holder.

(B) No retail permit holder shall sell any alcoholic beverages to other permit holders or any other persons for the purpose of resale. No retail permit holder shall loan, exchange, transfer, allocate, or deliver any alcoholic beverages to another permit holder or to another permit premises. A retail permit holder may transfer alcoholic beverages from a permit premises where the permit is not renewed, the right to sell alcoholic beverages has been cancelled in any manner by law, or the operations have ceased permanently, to another permit premises for which that retail permit holder holds the permit, only upon receiving written consent from the division of liquor control. The retail permit holder shall provide a written request for consent to the division, which shall include proof that the retail permit holder offered the wholesale distributor the alcoholic beverages and that the wholesale distributor declined to repurchase the alcoholic beverages, and proof of ownership of the inventory.

(C) No deliveries of beer, or wine and mixed beverages to retail permit holders shall be made by anyone who is not a bona fide employee of the B-1, B-2, B-4, B-5, A-1, A-2, or A-4 permit holder making the sale, except such deliveries may be made as provided by section 4301.60 of the Revised Code.

(D) No alcoholic beverage shall be given away with the purchase of merchandise or any thing of value. An alcoholic beverage may be packaged with a nonalcoholic item without increasing the price of the alcoholic beverage.

(E)

(1) A retail permit holder shall not be prohibited by this rule, rule 4301:1-1-45 of the Administrative Code, or any other rule of the liquor control commission from conducting a program to prevent alcoholic beverage sales to underage individuals. Under the program, the retail permit holder may give gives the consumer an item that is not an alcoholic beverage, which costs less than three dollars, for failure on the part of the retail permit holder, their employee, or agent, to require the presentation of identification prior to the consumer’s purchase of an alcoholic beverage.

(2) The retail permit holder shall conduct this program only for the purpose of requiring the presentation of an operator’s license, chauffeur’s license, or an identification card, issued pursuant to sections 4507.50 to 4507.52 of the Revised Code, showing that the consumer is of legal age to purchase alcoholic beverages.

(F) Notwithstanding the provisions of rule 4301:1-1-03 of the Administrative Code, A-2, B-2, B-5, and retail permit holders may calculate and advertise retail wine case prices as ten per cent off the retail single bottle minimum price.

(G) Prohibition against sales at wholesale to persons who are not retail permit holders.

(1) No wholesale distributor shall sell alcoholic beverages at wholesale to a person who is not a retail permit holder.

(2) A wholesale distributor must verify that the person to whom they are selling alcoholic beverages at wholesale is a retail permit holder.

(3) A wholesale distributor may receive written verification that a person is a retail permit holder by contacting the liquor control commission or the division of liquor control, by mail, facsimile, or via the division’s internet web site, which lists active and recently-canceled permits.

(4) Written proof of such verification is an affirmative defense to a citation issued to the wholesale distributor for selling alcoholic beverages at wholesale to a non-permit holder, pursuant to rules 4301:1-1-03 or 4301:1-1-72 of the Administrative Code.

Effective: 09/02/2005

R.C. 119.032 review dates: 05/18/2005 and 06/30/2010

Promulgated Under: 119.03

Statutory Authority: ORC 4301.03

Rule Amplifies: ORC 4301.01, 4301.13, 4301.14, 4301.22, 4301.23, 4301.041, 4301.58, 4301.60, 4301.62, 4301.64, 4303.22, 4303.27, 4303.35

Prior Effective Dates: 7/5/50, 7/1/81, 5/20/88, 7/10/95, 4/13/01

No retail permit holder authorized to sell alcoholic beverages by the glass or container for on-premises consumption, or any agent or employee thereof, shall refill any bottle that formerly contained alcoholic beverages. Manufacturers authorized to sell at retail for on-premises consumption may refill their own bottles in their manufacturing process, in accordance with federal labeling requirements and local health department regulations. No permit holder, or any agent or employee thereof, shall sell or deliver to any consumer any brand or variety of alcoholic beverage other than that which was ordered or requested, without the consent or approval of the consumer.

Replaces: 4301:1-1-47

Effective: 08/08/2005

R.C. 119.032 review dates: 06/30/2010

Promulgated Under: 119.03

Statutory Authority: ORC 4301.03

Rule Amplifies: ORC 4301.03, 4301.68

Prior Effective Dates: 7/5/50

A D-1, D-2, D-3, or D-5 permit holder, who is also the holder of a hotel or motel license under section 3731.03 of the Revised Code, or a D-5A permit holder may serve alcoholic beverages by the glass or container for consumption on the premises where sold, in the room of a guest of the hotel or motel, or in a private conference room of the hotel or motel.

Effective: 08/08/2005

R.C. 119.032 review dates: 05/18/2005 and 06/30/2010

Promulgated Under: 119.03

Statutory Authority: ORC 4301.03

Rule Amplifies: ORC 4301.03, 4303.13, 4303.15, 4303.181, 4301.21

Prior Effective Dates: 7/5/50, 8/10/78, 12/1/81

(A) This rule shall apply to the retail sale of beer, wine, mixed beverages, or spirituous liquor.

(B) No beer, wine, mixed beverages, or spirituous liquor shall be sold or delivered by an A-1, A-2, B-1, B-2, B-4, B-5, C-1, C-2, C-2X, D-1, D-2, D-2X, D-3 when issued without a D-3A, D-3X, D-4, D-5G, D-5H, D-5K, D-8, F, F-1, F-2, F-3, F-4, F-5, F-6, G, or I permit holder:

(1) From Monday to Saturday between the hours of one a.m. and five thirty a.m..

(2) On Sunday between the hours of one a.m. and Sunday midnight, unless statutorily authorized otherwise.

(3) Consumption of beer, wine, mixed beverages, or spirituous liquor is also prohibited during the above hours upon the premises of the above permit holders who are authorized by their permit to sell beer, wine, mixed beverages, or spirituous liquor for on-premises consumption.

(C) No beer, wine, mixed beverages, or spirituous liquor shall be sold or delivered by an A-1A, D-3 when issued with a D-3A, D-4A, D-5, D-5A, D-5B, D-5C, D-5D, D-5E, D-5F, D-5I, D-5J, or D-7 permit holder:

(1) From Monday to Saturday between the hours of two thirty a.m. and five thirty a.m..

(2) On Sunday between the hours of two thirty a.m. and Sunday midnight, unless statutorily authorized otherwise.

(3) Consumption of beer, wine, mixed beverages, or spirituous liquor is also prohibited during the above hours upon the premises of the above permit holders who are authorized by their permit to sell beer, wine, mixed beverages, or spirituous liquor for on-premises consumption

(D) Permit holders authorized to sell beer, wine, mixed beverages, or spirituous liquor at retail who are not specifically identified in paragraph (B) or (C) above shall be subject to the provisions of paragraph (B), unless statutorily authorized otherwise.

(E) The hours on Sunday during which sales, delivery, or consumption of alcoholic beverages may take place are established by statute, but in no event shall they begin prior to five thirty a.m..

Replaces: 4301:1-1-49

Effective: 08/08/2005

R.C. 119.032 review dates: 06/30/2010

Promulgated Under: 119.03

Statutory Authority: ORC 4301.03

Rule Amplifies: ORC 4301.22, 4301.32 through 4301.41, 4303.02 through 4303.23, 4303.29, 4305.14

Prior Effective Dates: 1/17/72, 1/31/91, 8/9/00

(A) No liquor permit holder, and no agent or employee of a liquor permit holder shall:

(1) Offer to sell, furnish, or deliver to any person or group of persons:

(a) Two or more servings of an alcoholic beverage upon the placing of an order for an individual serving of an alcoholic beverage;

(b) An unlimited number of servings of alcoholic beverages during any set period of time for a fixed price;

(c) Any alcoholic beverage after nine p.m. at a price less than the regularly-charged price, as established by the schedule of prices required in paragraph (B) of this rule.

(2) Encourage or allow any game or contest that involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize.

(3) Increase the volume of alcoholic beverages contained in a serving without increasing proportionately the price charged for such serving.

(B) All permit holders authorized to sell for on-premises consumption shall maintain on their permit premises a schedule of prices for all drinks of alcoholic beverages to be sold, furnished, delivered, or consumed thereon. Scheduled prices shall be effective for not less than one calendar month, dating from twelve p.m. on the first day of each month. Prior to nine p.m., permit holders may sell, furnish, deliver, or allow the consumption of any alcoholic beverage at a price less than the regularly-charged price, as established by the aforementioned schedule of prices. Permit holders who do so may designate this time as happy hour periods.

Effective: 08/08/2005

R.C. 119.032 review dates: 05/18/2005 and 06/30/2010

Promulgated Under: 119.03

Statutory Authority: ORC 4301.03

Rule Amplifies: ORC 4301.03, 4301.22, 4303.13 through 4303.20

Prior Effective Dates: 9/20/84, 4/15/88, 4/6/01

(A) Definitions as used is this rule:

(1) “Disorderly activities” are those that harass, threaten or physically harm another person including threats or other menacing behavior, fighting, assaults and brawls or any violation as defined by the Ohio Revised Code section 2917.11.

(2) “Nudity” means the showing of the human male or female genital, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple and/or areola; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of the nipples and/or areola.

(B) Prohibited activities; no permit holder, his agent, or employee shall knowingly or willfully allow in and upon his licensed permit premises any persons to:

(1) Engage in any disorderly activities;

(2) Appear in a state of nudity;

(3) Engage in sexual activity as said term is defined in ORC Chapter 2907;

(4) Commit Public Indecency, as said term is defined in ORC Chapter 2907.

(5) Allow in, upon or about the licensed permit premises, or engage in or facilitate in, the possession, use, manufacture, transfer, or sale of any dangerous drug, controlled substance, narcotic, harmful intoxicant, counterfeit controlled substance, drug, drug paraphernalia, or drug abuse instrument as said terms are defined in ORC Chapter 2925.

(6) Solicit for value, or possess, buy, sell, use, alter or transfer, or allow to be solicited, possessed, bought, sold, used, altered, or transferred for value USDA food stamp coupons, Electronic Benefit Transfer (EBT) cards, WIC program benefit vouchers, or other electronically transmitted benefits, in a manner not specifically authorized by the Food Stamp Act of 1977, or the Child Nutrition Act of 1966. A conviction or consent decree against the permit holder, its agent or employee for a violation of any of such acts constitutes evidence of a violation of this rule.

(7) Obtain or exert control over property or services of another, with purpose to deprive the owner thereof, without the consent of the owner or person authorized to consent, or by deception, fraud or threat. Nor shall any permit holder, his agent, or employee, use the licensed permit premises to receive, retain, or dispose or property of another, knowing or having reasonable cause to believe such property has been obtained through the commission of a theft offense.

(8) The prohibition set forth in subsection B(2) shall not apply to any individual exposing a breast in the process of breastfeeding an infant under two years of age.

(C) SEVERABILITY – If any provisions of rule 4301:1-1-52 of the Ohio Administrative Code or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and to this end the provisions are severable.

HISTORY: Replaces: former 4301:1-1-52; Eff 5-5-66; 12-10-98; 2-20-04