4301:1-1-47 Ban on refilling bottles or selling brands not ordered.

(A) 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 manufacturer's 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.

(B) 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.

(C) A retail permit holder authorized to sell alcoholic beverages by the glass or container for on-premises consumption, or any agent or employee thereof, shall label any premixed alcoholic beverage or maintain on the permit premises a document, made available to any person upon request, to show any brand of alcohol used in the premixed alcoholic beverage as well as the percentage of alcohol of each brand used in the premixed alcoholic beverage . This paragraph is not applicable to sealed containers of mixed beverages sold by a manufacturer.

Effective: 1/31/2016
Five Year Review (FYR) Dates: 10/27/2015 and 01/31/2021
Promulgated Under: 119.03
Statutory Authority: 4301.03
Rule Amplifies: 4301.03, 4301.68
Prior Effective Dates: 8/8/05, 1/24/11