Chapter 4301-1 General Provisions

4301-1-01 Definitions.

(A) As used in this chapter and Chapters 4301-2, 4301-3, 4301-5, and 4301-9 of the Administrative Code, all words and phrases defined in Chapter 4301. or 4303. of the Revised Code shall have the same meaning as defined therein.

(B) For purposes of this chapter and Chapters 4301-2, 4301-3, 4301-5, and 4301-9 of the Administrative Code:

(1) The word "broker" means a company that solicits sales of alcoholic beverages on behalf of a manufacturer or supplier but does not take possession of the alcoholic beverages in Ohio except as provided for either in Chapter 4301. or 4303. of the Revised Code, or in rules promulgated thereunder.

(2) The word "solicitor" means an individual who solicits Ohio liquor permit holders or the division of liquor control for sales of alcoholic beverages on behalf of a manufacturer, supplier, wholesale distributor, or broker but does not take possession of the alcoholic beverages in Ohio, except as provided for either in Chapter 4301. or 4303. of the Revised Code, or in rules promulgated thereunder.

(3) The word "supplier" means a company that sells alcoholic beverages in Ohio for resale at wholesale. A supplier does not manufacture or take possession of the alcoholic beverages in Ohio except as provided for either in Chapter 4301. or 4303. of the Revised Code, or in rules promulgated thereunder.

Effective: 6/1/2016
Five Year Review (FYR) Dates: 03/11/2016 and 06/01/2021
Promulgated Under: 119.03
Statutory Authority: 4301.021, 4303.25
Rule Amplifies: 4301.021, 4301.10, 4303.25
Prior Effective Dates: 09/01/03

4301-1-02 Expansion and diminution of permit premises.

(A) A permit holder who desires an expansion or diminution of its permit premises shall file its request with the division, in writing, and submit a sketch indicating the proposed change. Any request for expansion or diminution must be submitted by the permit holder, a member of a partnership, a managing member of a limited liability company, a person owning or controlling five per cent or more of the outstanding shares of a corporation, a person owning or controlling five per cent or more of either the voting interests or membership interests in a limited liability company, or any officer of the permit holder, who is approved by and on file with the division.

(1) Notwithstanding the provisions of section 4303.27 of the Revised Code, temporary expansions or diminutions of permit premises shall not be approved.

(2) Notification of the police or legislative authority is not required for the division to process, approve, or deny an expansion or diminution request.

(B) An expansion of permit premises must include a premises adjacent to the original premises for which the permit was issued. The adjacent premises must be under the permit holder's control and ownership in fee, leasehold, or mortgage, and be located in an area where sales under the permit are not prohibited because of local option election, or operation of rule or law.

(C) Upon receipt of the request for such change, the division may make an inspection of the permit premises and of the area proposed to be expanded or diminished within twenty working days of receipt of the request. The division shall approve or deny the requested change within twenty working days of inspection or receipt of the request, whichever is later.

Effective: 6/1/2016
Five Year Review (FYR) Dates: 03/11/2016 and 06/01/2021
Promulgated Under: 119.03
Statutory Authority: 4301.10(C)
Rule Amplifies: 4301.10(C)
Prior Effective Dates: 12/10/74, 12/1/81, 1/23/86, 1/10/99, 03/25/04

4301-1-04 Citation review board.

The citation review board shall exist and be located within the division of liquor control of the department of commerce. The citation review board shall consist of the chief of the licensing section, the division legal counsel, one staff attorney designated by the division legal counsel, the chief of the beer and wine section, and the chief of investigative services, or their designates. The citation review board shall review citations that are deemed by the superintendent to be appropriate for further review. After discussion and a vote, the citation review board shall make recommendations to the superintendent regarding the disposition of citations. The division legal counsel shall chair the citation review board. At the request of the chair, the assistant attorney general who is the coordinator of the liquor unit of the office of the attorney general, or the unit coordinator's designate, shall attend meetings of the citation review board and provide legal advice. A journal shall be maintained in the superintendent's office of the citations considered by the citation review board, the recommendations made, and the record of dismissal or non-dismissal of each citation.

Effective: 6/13/2016
Promulgated Under: 119.03
Statutory Authority: 4301.021
Rule Amplifies: 4301.10
Prior Effective Dates: 12/28/91, 12/31/93, 2/12/96, 5/29/01