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Rule 4301:1-1-01 | Title and validity.
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.
Last updated February 21, 2024 at 1:41 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
9/1/1981
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Rule 4301:1-1-02 | Definitions.
(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. (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.
Last updated May 23, 2023 at 1:44 PM
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Rule 4301:1-1-03 | Wine requirements.
(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
agency 4301 of the Administrative Code, as provided by the laws of this
state. (C) Minimum price: This paragraph
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 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 per cent to the
"wholesale invoice cost," including freight and taxes, except that
B-5 permit holders may sell to B-2 or B-5 permit holders at no less than the
"wholesale invoice cost." (c) 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 per cent to the "minimum retail 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
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 per cent
over the minimum retail invoice cost. (4) Every manufacturer,
supplier, importer, bottler, or wholesale distributor shall furnish to each
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
wine in Ohio, for resale at a price less than the minimum retail invoice cost
for the size of container, type, or kind of wine. (6) No 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 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 Class
D-5 type of 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 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.
Last updated May 1, 2024 at 9:00 AM
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Rule 4301:1-1-04 | Sacramental wine.
(A) "Sacramental wine" is defined as wine used solely for sacramental purposes or religious rites in accordance with ecclesiastical codes. (B) Pursuant to sections 4301.23 and 4303.08 of the Revised Code, 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 section 4301.23 of the Revised Code 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.
Last updated May 23, 2023 at 1:44 PM
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Rule 4301:1-1-05 | Mixed beverages: requirements.
Effective:
March 25, 2004
(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.
Last updated November 4, 2024 at 1:31 PM
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Rule 4301:1-1-08 | Permit, issuance of after revocation or refusal to issue, transfer or renew.
(A) The division shall not, absent an
order from the commission waiving the enforcement of this rule as described in
paragraph (D) of this rule, issue a liquor permit for a period of one-year as
defined in paragraphs (B) and (C) of this rule to any applicant at a location
where a: (1) Liquor permit was revoked by the commission in
accordance with section 4301.25 of the Revised Code; (2) Renewal or transfer liquor permit application was
rejected by the division under division (A)(2), (B)(1), (B)(2), or (D) of
section 4303.292 of the Revised Code; or (3) New liquor permit application was rejected by the
division pursuant to division (A)(2), (B)(1), (B)(2), or (D) of section
4303.292 of the Revised Code. (B) The one-year period established under paragraph (A) of
this rule starts to run: (1) From the last date that a liquor permit holder or
transfer applicant had operating privileges at the applicable location; or
(2) Thirty days from the mailing date of the
division's order rejecting the new liquor permit
application. (C) Last date of having operating privileges
means: (1) Thirty days from the mailing date of the
division's order rejecting a renewal or transfer application of any
permit class provided that no appeal is filed to the commission by the affected
party; (2) The date that an order, whether issued by the
commission or a court pursuant to an appeal filed under section 119.12 of the
Revised Code, allowed a permit holder to continue selling beer or intoxicating
liquor during the pendency of their appeal as permitted under the class of
permits issued to them terminated; or (3) Twenty-one days from the mailing date of the
commission's order revoking a liquor permit under section 4301.25 of the
Revised Code provided that no appeal under section 119.12 of the Revised Code
is filed by the party that is the subject of the order. (D) An applicant for a liquor permit at a location that is
subject to this rule may file an appeal with the commission in the same manner
as set forth in this chapter. (E) The commission shall have the discretion to waive the
enforcement of this rule when special circumstances are shown. Special
circumstances may include but are not limited to: (1) The relationship of the applicant, and any of its
shareholders or members, to the permit that was revoked, or not issued,
transferred or renewed under division (A)(2), (B)(1), (B)(2) or (D) of section
4303.292 of the Revised Code; (2) The last date that permit privileges were exercised at
the applied-for location; or (3) The factual circumstances surrounding the revocation or
the refusal to issue, transfer or renew the previously issued
permit.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-11 | Permits, procedure where quota is filled.
Effective:
November 15, 2014
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, D-5, D-5b, D-5j, D-5l, or D-7 permits has been filled, the division shall notify the applicant for such a permit that such quota is filled. The division shall return the permit fee to the applicant, and retain the application on file until an opening in the quota is created, unless the applicant indicates it wishes the division to retain the permit fee on file with the application or cancel the application. Upon the cancellation or revocation, of any issued permit, or the expiration of any issued 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 the division, until the quota is again filled.
Last updated May 23, 2023 at 1:45 PM
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Rule 4301:1-1-12 | Permits - inspection of permit premises and duty of division before issuing.
Effective:
March 25, 2004
(A) Examinations and inspections. No class A, B, C, or D permit, except on a renewal, shall be issued by the division until the division has conducted a complete examination, including inspection of the premises, and the division finds that the applicant and the location meet all of the requirements imposed by law and rules. (B) In determining whether to grant, refuse, or renew a permit, the division shall consider environmental factors affecting the maintenance of public decency, sobriety, and good order, including the number and location of permit premises in the immediate area. If the division finds that no substantial prejudice to public decency, sobriety, and good order will result, it may issue the permit. For purposes of this rule, however, the division shall presume, in the absence of affirmative evidence to the contrary, that the renewal of a permit or transfer of a permit to a successor in interest at the same location will not prejudice the maintenance of public decency, sobriety, and good order.
Last updated May 23, 2023 at 1:45 PM
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Rule 4301:1-1-14 | Permits, transfer of.
Effective:
September 30, 2015
(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 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 a permit, the permit holder may, during the pendency of the application, 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 manufacture, 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 manufacture, distribution or sale, and provided that the permit holder receives the prior written approval of the division. (D) The division may assess and collect a processing fee of one hundred dollars with the filing of any application for the transfer of ownership of a permit, location of a permit, ownership and location of a permit, or interests therein.
Last updated May 23, 2023 at 1:45 PM
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Rule 4301:1-1-15 | Permits, cancellation of.
Effective:
August 8, 2005
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.
Last updated May 23, 2023 at 1:45 PM
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Rule 4301:1-1-16 | Closing authority.
Effective:
March 25, 2004
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.
Last updated November 4, 2024 at 1:39 PM
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Rule 4301:1-1-17 | Sanitation requirements.
Effective:
April 21, 2014
(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 (F) 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) 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 A-3A or D-8 permit holders. Such permit premises shall have: (1) Except as otherwise provided in this section, separate toilet 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. The requirement for separate toilet facilities for men and women is not applicable to an A-1, A-1c or A-2 permit holder to whom the division has not also issued an A-1A liquor permit. Such A-1, A-1c and A-2 permit holders are required to have toilet facilities that meet the remaining requirements of this rule. (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. (G) 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 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. (H) 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. (I) 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. (J) 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. (K) 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.
Last updated October 10, 2024 at 4:20 PM
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Rule 4301:1-1-19 | Permits: Duties of licensing division.
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 division.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-20 | Permits (manufacturers and distributors) - reinspection after suspension.
If a liquor 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.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-21 | Permits shall be posted conspicuously on premises.
(A) The current, original permit issued
by the division shall always be kept on the licensed premises. (B) Every permit holder shall conspicuously display on the
permit premises, whether it is the original or an accurate copy thereof, the
currently issued permit or other documentation demonstrating that the permit
holder has the authority to operate. At the liquor control commission's
discretion, a suspension or forfeiture in lieu of suspension can be levied for
a fraudulent permit or fraudulent authority to operate in addition to any other
penalty. (C) A
permit holder, provided it has not paid a forfeiture in lieu of a suspension,
who receives a suspension order from the liquor control commission shall post a
copy of the suspension order over the permit or documentation demonstrating its
authority to operate as described within paragraph (B) of this rule, from the
date and time that the suspension begins until it ends. (D) A
permit holder cannot sell alcoholic beverages during a suspension. Purchases or
deliveries of alcoholic beverages from the division of liquor control or from
an A or B permit holder are permitted during the final fourteen days of any
suspension period.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-22 | Consent for importing alcoholic beverages for resale in Ohio.
(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, except those sold
by a B-2a permit holder, must be consigned and delivered to the warehouse of a
wholesale distributor.
Last updated May 1, 2024 at 9:00 AM
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Rule 4301:1-1-24 | Miscellaneous beer, wine, and mixed beverage requirements.
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 other 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 this chapter.
Last updated May 1, 2024 at 9:00 AM
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Rule 4301:1-1-25 | Permits (H), transportation of alcoholic beverages.
(A) Except as otherwise provided in
sections 4301.20, 4301.60, 4303.02 to 4303.21, 4303.23 to 4303.233, or 4303.27
of the Revised Code, an Ohio judicial decision, or this rule, a person must
hold an "H" permit issued by the division in order to transport
alcoholic beverages from a place: (1) Outside of this state into this state for delivery or
use in this state; or (2) Within this state to another destination within this
state for delivery or use in this state. (B) An "H" permit is not needed if the
alcoholic beverages in transport are: (1) Not coming to rest in this state and not intended for
use nor delivery in this state; or (2) Manufactured in this state and for use and delivery to
persons outside this state. (C) A
person who is properly registered with the public utilities commission of this
state is considered to have a license from the public utilities commission
pursuant to section 4303.22 of the Revised Code and is eligible for a
"H" permit. For purposes of this rule, "properly
registered" means a person that has: (1) Registered a United States department of transportation
(USDOT) number with the unified carrier registration plan (www.ucr.gov);
or (2) A certificate of public convenience and necessity
(CPCN) as that term is defined by the public utilities commission of this
state; or (3) Both, as may be required by the public utilities
commission of this state. (D) Manufacturers, suppliers, and brokers, as those terms
are defined in rule 4301-1-01 of the Administrative Code, who sell spirituous
liquor to the division may transport alcoholic beverages in their own motor
vehicle equipment to any of the warehouses, state stores, or state agency
stores, operated, controlled by, or under contract with the
division.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-26 | Permits - identification of vehicles used by "H" permit holders.
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 agent, 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.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-27 | Spigots; brand name appearing on.
(A) Tap markers or other devices.
(1) A tap marker shall be attached to the spigot or
apparatus used for the dispensing of any alcoholic beverages in a permit
premises. (2) Other devices used to identify the alcoholic beverages
dispensed from a tap shall clearly identify the tap in use. (3) The tap marker or other device shall identify to the
consumer the product being dispensed. (B) The manufacturer's name or the brand name of the
product dispensed, as it appears upon the tap marker or other device, must
be: (1) Legible; (2) In full view of the purchaser, if the alcoholic
beverage is served at the bar within the permit premises; and (3) Attached to both: (a) The line that carries
or conveys the alcoholic beverage to the spigot or other dispensing apparatus;
and (b) The container from
which the alcoholic beverage is drawn.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-28 | Cleaning and sterilizing dispensing apparatus and receptacles in which alcoholic beverages are served.
(A) Alcoholic beverage apparatus,
pipelines, faucets, taps, and barrel tubes must be cleaned: (1) For beer, 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; or (2) For wine and mixed beverages, dispensing apparatus,
pipelines, faucets, taps, and barrel tubes must be cleaned at least every
thirty days with the solution recommended by the equipment
manufacturer. (B) The use of any copper or lead tubing is prohibited
unless such tubing is tinplated so that the alcoholic beverage does not come in
contact with the copper or lead. (C) Alcoholic beverages may be dispensed by the use
of: (1) Carbonic gas (carbon dioxide) or other gasses
recommended by the manufacturer of the dispensing equipment, or (2) 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) 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: (1) Washed after each use in a tank containing hot water
and a suitable cleaning agent. The wash shall remove all traces of lip rouge
and other organic materials preferably with a brush, whether by mechanical or
manual means; (2) 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;
(3) 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; and (4) Placed on a clean, corrugated drain board and allowed
to drain for a few minutes. (E) If a permit premises uses a commercial-grade
electrically-operated sterilizer and cleaning equipment for the purpose of
sterilizing and cleaning glassware and chinaware used in connection with the
operation of the business conducted on the premises, paragraph (D) of this rule
does not apply if all receptacles in which alcoholic beverages are served are
sterilized and cleaned using this equipment. (F) All receptacles in which alcoholic beverages are served
shall be stored in an upside-down position after cleaning until further
use. (G) All permit holders who have alcoholic beverage coils
and barrel tubes shall maintain a record card that documents the cleaning of
such coils and barrel tubes. Such record card shall: (1) Document the date of each cleaning; (2) Document the cleaning method used; (3) Be signed by the person who performed the cleaning;
(4) Document cleanings for a period of six
months; (5) Be kept upon the permit premises and available at all
times for inspection by the division, agents of the department of public
safety, local law enforcement officers, and governmental health agencies; and
(6) Completed cards shall be retained on the permit
premises for two years after the date of completion. (H) If flexible tubing, which may include tubing made of
plastic or other synthetic materials, is used in the dispensing of alcoholic
beverages, it must be of such material that it will not affect the taste of the
alcoholic beverages. (I) If a rubber hose is used in the dispensing of alcoholic
beverages, it shall: (1) Have an inner tube of white rubber compound so that it
will not affect the odor or taste of the alcoholic beverages and will not be
affected by cleaning chemicals. The thickness shall be not less than
one-sixteenth of an inch; (2) 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) Have an outer rubber cover; and (4) Each and every package of hose shall bear the
manufacturer's name and brand designation.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-30 | Beer, wine, mixed beverage, or spirituous liquor tasting.
(A) As used in this rule, the term
"tasting" means the distribution of small amounts of brands of beer,
wine or mixed beverages, or spirituous liquor so that a person can determine
the quality and character of the product. A tasting is not to be used for
general consumption purposes. A tasting is for marketing purposes only, held by
the person or entity holding the tasting for themselves or for other groups or
organizations. (B) When conducting a tasting, the person
serving is limited to the following amounts: (1) Not more than four
ounces of beer; (2) Not more than two
ounces of wine or mixed beverages; or (3) Not more than one
ounce of spirituous liquor. (C) Only Class A, B, or any person who is
actively registered with the division as a solicitor pursuant to paragraph (I)
of rule 4301-3-01 of the Administrative Code, may conduct a
tasting. (D) The beer, wine or mixed beverages, or
spirituous liquor offered at a tasting must be product that: (1) Is registered for
sale in Ohio; (2) That the permit
holder or registered solicitor is authorized to sell; and (3) Is provided by the
permit holder or registered solicitor identified in paragraph (C) of this rule
at no charge to the attendees at the tasting event, which includes not charging
fees or accepting donations in order to attend or participate in the tasting.
(E) A tasting may be conducted at either
the: (1) Manufacturer's
or distributor's place of business; or (2) Any designated place
provided that the tasting event is closed to the general public. (F) No tasting of spirituous liquor, as
provided for under this rule, shall take place on a state liquor agency
premises. (G) As defined under paragraph (C) of
this rule, permit holders or registered solicitors applying for a tasting
must: (1) Do so in writing to
the division at least five working days prior to the tasting event, which
excludes Saturdays, Sundays, or any state recognized holidays; and
(2) Receive written
approval from the division before any tasting may be held.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-31 | Re-usable containers - definitions and deposit for.
(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 container; 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.
Last updated May 30, 2023 at 11:39 AM
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Rule 4301:1-1-32 | Samples.
(A) As used in this rule the term
"sample" means an alcoholic beverage that is provided at no cost to
permit holders or its employees as specified in this rule for the limited
purpose of tasting the quality and character of the product to determine
whether the recipients want to offer the product to its clients or consumers,
as applicable. Samples are not intended for general consumption and shall not
be sold by either the person distributing the sample or the
recipient. (B) A manufacturer, supplier, or wholesale distributor of
alcoholic beverages, or their respective registered solicitors, may distribute
samples of their products to wholesale distributors, retail permit holders, or
their respective employees, or may distribute samples of sacramental wine for
religious rites to clergy. (C) Only employees of manufacturers,
suppliers, or wholesale distributers who are registered solicitors, pursuant to
Chapters 4301. and 4303. of the Revised Code and rule 4301-2-01 of the
Administrative Code, may receive and distribute samples pursuant to this
rule. (D) Products eligible to be distributed
as samples include any products or vintages registered for sale in Ohio.
Products that are not registered for sale in Ohio, but have received federal
label approval from the alcohol and tobacco tax and trade bureau of the United
States department of the treasury, may be distributed as samples to wholesale
distributors only, but not to retail permit holders. (E) Registered solicitors may distribute samples either by
providing: (1) A sealed container,
not to exceed seven hunred fifty milliliters; (2) Servings of beer of
not more than twelve ounces; (3) Servings of wine and
mixed beverages of not more than two ounces; or (4) Servings of
spirituous liquor of not more than one ounce. (F) Products identified as samples may only be distributed
during normal business hours at a permit premises. All such products shall be
clearly marked "Sample." (G) Registered solicitors may transport samples after they
have been opened if the following conditions are met: (1) The sample container is resealed with
a type of lid, stopper, or seal appropriate for the container; and (2) When in a motor vehicle, the sample
container is not accessible from the driver's seat of the
vehicle. (H) 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.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-33 | Consumer tasting activities and sampling at retail permit premises.
(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 , 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 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 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, broker, 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 rule 4301:1-1-50 of the
Administrative Code. (3) A consumer may be
furnished up to a total of 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 four ounces, (c) Wine: Not more than four ounces, and, (d) Beer: Not more than twelve 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 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 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, broker, 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 rule
4301:1-1-50 of the Administrative Code. (4) A consumer may be
furnished up to a total of two "Sample Servings" of the below
beverages during a twenty-four 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 four ounces, (c) Wine: Not more than four ounces, and, (d) Beer: Not more than twelve 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. and 4303. of the Revised Code, or rules promulgated
thereunder in engaging in the activities authorized by this rule.
Last updated May 1, 2024 at 9:01 AM
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Rule 4301:1-1-34 | Temporary permits.
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.
Last updated May 30, 2023 at 11:39 AM
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Rule 4301:1-1-35 | F permits.
(A) Pursuant to section 4303.20 of the Revised Code, 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.
Last updated May 30, 2023 at 11:39 AM
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Rule 4301:1-1-36 | Temporary liquor permits held by not for profit entities.
(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 section 4303.202 of the Revised Code, 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.
Last updated May 30, 2023 at 11:39 AM
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Rule 4301:1-1-37 | Chemical analysis requirements.
(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.
Last updated May 30, 2023 at 11:39 AM
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Rule 4301:1-1-38 | Use of chemical analysis affidavits.
(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.
Last updated May 30, 2023 at 11:41 AM
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Rule 4301:1-1-43 | Furnishing signs, fixtures, equipment, advertising materials, and advertising specialties, return of merchandise: limitations thereon: prohibited practices and prohibition of cash deposit or prepayment.
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 ten 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. (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 section 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.
Last updated May 1, 2024 at 9:01 AM
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Rule 4301:1-1-44 | Advertising.
(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 or a description of the retail permit
holder's services. (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.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-45 | Contests, prizes, sales incentive programs, rebates, or other promotions.
Effective:
September 5, 2015
(A) Unless authorized under Chapter 4301. or 4303. of the Revised Code, 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 at the point of sale. (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, mail in 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, mail in 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, mail in 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, mail in 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, mail in rebate, or other promotion. (4) At no time shall any manufacturer or supplier establish any quota or numerical amount of entry or mail in rebate 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 or mail in rebate forms or point-of-sale materials nor in any way restrict or limit participation in such promotions to one or more specific retail permit holders. (C) Should any of the contests, prizes, sales incentive programs, mail in 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 mail in rebate, provided that they meet the same requirements as any other consumer. (2) Except as provided in this rule, the manufacturer or supplier shall respond directly to the consumer about the contest, prize, sales incentive program, mail in rebate or other promotion. (3) Except as provided in this rule, no prize, award, or mail in rebate shall 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 shall be required to participate in a mail in rebate. No rebate amount given to a consumer shall meet or exceed the retail price of the alcoholic beverage purchased by the consumer to participate in the mail-in rebate. Manufacturers, suppliers, their registered solicitors, or a third party acting on behalf of the manufacturer or supplier may provide rebates only on the alcoholic beverage products that they manufacture or represent. (5) Alcoholic beverages shall not be a prize or be given to any participant in any contest, prize, sales incentive program, mail in rebate offer, or other promotion. No contest, prize, sales incentive program, mail in rebates or other promotion of any kind shall reduce the cost of an alcoholic beverage at the point of sale. (6) No one under the age of twenty-one shall be permitted to participate in or be awarded a prize, award, or mail in rebate from a contest, prize, sales incentive program, rebate, or other promotion. (E) (1) Except as provided in this rule, a participant in a contest, prize sales incentive program, mail in rebate, or other promotion shall not receive a prize, award, or mail in 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 or on the same parcel of property. (2) A manufacturer or supplier of alcoholic beverages, the registered solicitor of a manufacturer or supplier, or a third party acting on behalf of the manufacturer or supplier, excluding a wholesale distributor or retail permit holder when offering a mail in rebate: (a) May require a participant to purchase a specific item in addition to the purchase of an alcoholic beverage. (b) May require proof that the specific additional item was purchased from a retail permit holder. (c) Shall not restrict such mail in rebates to one or more specific retail permit holders nor require the purchase of an alcoholic beverage or specific additional item to be made at one or more specific retail permit holder's premises in order to participate in the mail in rebate. (d) May provide rebates only on the alcoholic beverage products that they manufacture or represent. No rebate amount given to a consumer shall meet or exceed the retail price of the alcoholic beverage purchased by the consumer to participate in the mail-in rebate. (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 mail in 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 mail in rebate.
Last updated May 30, 2023 at 11:41 AM
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Rule 4301:1-1-46 | Miscellaneous restrictions.
(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, or to another permit premises for which
the retail permit holder receiving the alcoholic beverages has, in the opinion
of the superintendent, substantially the same principals as the retail permit
holder transferring the alcoholic beverages, but only upon receiving written
consent from the division of liquor control. The retail permit holder
requesting to transfer the product 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 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) Prohibition against sales at wholesale to persons who
are not retail permit holders. (1) No wholesale
distributor shall knowingly 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 and shall be deemed to have
knowledge of the fact that the person to whom it sold alcoholic beverages is
not a retail permit holder when that person was never issued a retail permit or
when that person's retail permit was cancelled, revoked, or not renewed by
the division of liquor control and evidence of that cancellation, revocation,
or non-renewal is made available by the division. (3) A wholesale
distributor shall be deemed not to have knowledge of the fact that a person to
whom it sold alcoholic beverages at wholesale is not a retail permit holder
when that person has been granted a stay order by the liquor control commission
or a court of competent jurisdiction and the wholesale distributor has not been
provided evidence that the stay order has been modified or dissolved by the
commission or the court issuing the stay order. Electronic transmission of a
notice to all licensed wholesalers shall constitute sufficient evidence of a
wholesale distributor's knowledge of the modification or dissolution of a
stay order.
Last updated May 30, 2023 at 11:41 AM
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Rule 4301:1-1-47 | Ban on refilling bottles or selling brands not ordered.
Effective:
January 31, 2016
(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.
Last updated May 30, 2023 at 11:42 AM
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Rule 4301:1-1-48 | Service in hotel rooms.
Effective:
January 31, 2016
An A-1-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.
Last updated May 30, 2023 at 11:42 AM
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Rule 4301:1-1-49 | Hours of sale of alcoholic beverages.
(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-1c, A-2, A-2f, A-3a,
A-5, 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-8, F, F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F-9,
F-10, F-11, 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-5G, D-5H, D-5I, D-5J,
D-5K, D-5l, D-5m, D-5n, D-5o 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) of this rule shall be subject
to the provisions of paragraph (B) of this rule, 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..
Last updated May 1, 2024 at 9:01 AM
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Rule 4301:1-1-50 | Limitations on happy hours and similar retail price reductions.
Effective:
January 31, 2016
(A) No liquor permit holder authorized to sell for on-premises consumption, and no agent or employee of that 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. (1) (a) Scheduled prices shall be effective for not less than one calendar month, dating from twelve p.m. on the first day of each month. (b) Alcoholic beverages that have not been sold by the permit holder in the preceeding six months may be added to the price schedule on a day other than the first day of the month. (c) Prices for any item on the schedule may not vary throughout the calendar month. (2) 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.
Last updated May 30, 2023 at 11:42 AM
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Rule 4301:1-1-52 | Entertainment - prohibition against improper conduct.
Effective:
February 3, 2020
(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 section 2917.11 of the Revised Code.
(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 Chapter 2907. of the Revised
Code; (4) Commit public
indecency, as said term is defined in Chapter 2907. of the Revised
Code. (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 Chapter 2925. of the Revised Code. (6) Solicit , possess,
buy, sell, use, alter or transfer for value, 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 Chapter 5101. of the Revised Code or Chapter
5101:4-1 of the Administrative Code, or solicit, possess, buy, sell, use,
alter, or transfer any products purchased with USDA food stamp coupons,
"Electronic Benefit Transfer" (EBT) cards, WIC program benefit
vouchers, or other electronically transmitted benefits for the purpose of
obtaining cash or consideration other than eligible food. 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 paragraph (B)(2) of this rule shall not apply to any individual
exposing a breast in the process of breast-feeding an infant under two years of
age. (C) No permit holder, his agent, or
employee shall be intoxicated while acting within the scope of employment, nor
shall the permit holder, his agent, or employee knowingly allow another person
who is intoxicated while working in the scope of employment to continue working
in and upon his licensed permit premises while intoxicated. (D) No permit holder, his agent, or employee
shall: (1) With reckless disregard of the facts, allow the
licensed permit premises or areas in, upon, or about the permit premises to be
used in connection with, or to facilitate, any of the activities dealing with
trafficking in persons defined in and prohibited by division (A) of section
2905.32 of the Revised Code, or (2) Knowingly benefit, financially or by receiving anything
of value, as a result of allowing the licensed permit premises or areas in,
upon, or about the permit premises to be used in connection with, or to
facilitate, any of the activities dealing with trafficking in persons defined
in and prohibited by division (A) of section 2905.32 of the Revised
Code. (E) Severability - If any provisions of rule 4301:1-1-52 of
the 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.
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Rule 4301:1-1-53 | Gambling, gambling devices and promotional contests.
Effective:
January 1, 2023
(A) Conviction in any court of competent
jurisdiction of any holder of any permit, or of any agent or employee of a
permit holder, or of any person, for keeping, exhibiting for gain, or operating
gambling devices, or conducting or permitting on the liquor permit premises any
gambling in violation of Chapter 2915. of the Revised Code, shall be grounds
for suspension or revocation of such permit. (B) No person authorized to sell
alcoholic beverages shall have, harbor, keep, exhibit, possess or employ, or
allow to be kept, exhibited, or used in, upon or about the premises of the
permit holder of any gambling device as defined in division (F) of section
2915.01 of the Revised Code which is or has been used for any gambling in
violation of Chapter 2915. of the Revised Code. (C) This rule does not apply to the
selling of lottery tickets authorized and issued by the Ohio state lottery
commission and as provided in section 4301.03 of the Revised Code. (D) This rule shall not be construed to
prohibit a game or contest sponsored and conducted in accordance with division
(D) of section 2915.02 of the Revised Code, provided that such game or contest
strictly complies with all of the provisions of division (D) of section 2915.02
of the Revised Code and shall not prohibit the conducting of games of chance by
charitable organizations as defined in division (H) of section 2915.01 of the
Revised Code so long as there is strict compliance with Chapter 2915. of the
Revised Code. (E) This rule shall not be construed to
prohibit instant bingo, other than at a bingo session, that is sponsored and
conducted by charitable organizations as defined in division (H) of section
2915.01 of the Revised Code and where a license pursuant to section 2915.08 of
the Revised Code has been obtained, provided that such instant bingo is
conducted in strict compliance with Chapter 2915. of the Revised
Code. (F) The foregoing paragraphs do not prohibit conduct by any
person authorized to sell alcoholic beverages in the original container or for
consumption on the permit premises to the extent that the permit holder may
sponsor or conduct upon the permit premises promotional games or contests which
are neither games nor schemes of chance and which do not constitute gambling or
public gaming as prescribed in Chapter 2915. of the Revised Code, provided
that: (1) The promotion or
contest does not require the participant to pay money or something of value
other than visiting the premises for the privilege or opportunity to
participate in such promotions or contests or for receiving the award or prize
therefrom; and (2) Alcoholic beverages
are not an element of such a game or contest either directly or indirectly;
and (3) The game or contest
is sponsored or designed and run by a permit holder who is licensed for the
sale of alcoholic beverages, a manufacturer whose main product line is not
alcoholic beverages or their advertising agent or representative. (G) Except for alcoholic beverage products, paragraph (F)(1) of
this rule shall not prohibit the purchase of the manufacturer's product at
the customary retail price by the participant for the opportunity to
participate in a promotional game or contest, the outcome of which is not
determined largely or wholly by chance. (H) For the purposes of this rule, the
phrase "something of value" means money or property, any token,
object or article exchangeable for money or property, or any form of credit or
promise directly or indirectly contemplating transfer of money or property or
of any interest therein or involving extension of a service, entertainment or a
privilege of playing at a game of chance without charge. (I) Nothing in the rule shall be
construed as prohibiting those entities properly licensed under sections
3770.03 and 3770.21 of the Revised Code and Chapters 3770:2-1 to 3770:2-12 of
the Administrative Code from operating video lottery games in accordance with
those provisions. (J) Nothing in the rule shall be construed as prohibiting
those entities properly licensed under Chapter 3772. of the Revised Code from
operating casino gaming in accordance with those provisions.
Last updated January 3, 2023 at 9:31 AM
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Rule 4301:1-1-55 | Possession of spirituous liquor on certain premises prohibited.
Effective:
August 8, 2005
No liquor permit holder who, by their permit, is authorized to sell only beer or wine and mixed beverages shall have, keep or possess any spirituous liquor upon the permit premises; nor allow any employee, consumer, or other person to do so, for personal use or for any other purpose.
Last updated May 30, 2023 at 11:43 AM
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Rule 4301:1-1-58 | Exceptions to giving away food.
Effective:
January 31, 2016
The provisions of division (C) of section 4301.21 of the Revised Code, prohibiting the seller of alcoholic beverages from giving away food of any kind in connection with the sale of alcoholic beverages, shall not be interpreted to prohibit the liquor permit holder from providing hot or cold snacks of any type, including pretzels, hors d'oeuvres, roasted nuts, popcorn, or similar morsels, when served in open dish or receptacle placed at a location within the premises where the consumer may serve themselves, or placed on the tables at which such alcoholic beverages are being consumed.
Last updated May 30, 2023 at 11:43 AM
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Rule 4301:1-1-59 | Solicitation of patrons.
Effective:
August 8, 2005
No liquor permit holder and no agent or employee of a liquor permit holder shall: (A) Solicit or in any manner approach a consumer for the purchase of beer or intoxicating liquor, money, or anything of value for the permit holder, the agent, employee, or any other person other than the consumer. No liquor permit holder shall allow any person not acting as an agent of or employed by the permit holder on the permit premises to solicit or in any manner approach a consumer for the purchase of beer or intoxicating liquor, money, or anything of value either for the permit holder, their agent, employee, or any other person; (B) Commit or allow any person on the permit premises to commit the offense of soliciting, as set forth in Chapter 2907. of the Revised Code; (C) Commit or allow any person on the permit premises to commit the offense of prostitution, as set forth in Chapter 2907. of the Revised Code.
Last updated May 30, 2023 at 11:43 AM
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Rule 4301:1-1-61 | Violation - identification and notification.
Effective:
October 25, 2021
(A) When a compliance officer of the
division of liquor control or an enforcement agent of the investigative unit, a
division of the department of public safety, witnesses a violation of a
provision of the liquor control statutes or a rule of the liquor control
commission, the compliance officer or enforcement agent shall, upon completion
of the investigation, or within thirty days of the alleged violation if the
investigation involves activities prohibited by rules 4301:1-1-52 and
4301:1-1-53 of the Administrative Code, identify themselves by presentation of
their credentials to the permit holder or the permit holder's agent or
employee, and notify the permit holder or the permit holder's agent or
employee of the violation, in writing, on the forms prescribed and provided by
the division of liquor control or department of public safety. The compliance
officer or enforcement agent shall leave the original notice with the permit
holder or the permit holder's agent or employee. The compliance officer
making such a report shall forward a copy of such notice within forty-eight
hours to the division of liquor control and shall retain a copy. The
enforcement agent making such a report shall forward a copy of such notice to
the central enforcement office, and the appropriate district enforcement
office, and shall retain a copy. (B) The provisions of paragraph (A) of
this rule herein shall not be applicable to investigations conducted at the
express order of the superintendent of the division of liquor control or the
director of public safety or the director's designee or to violations
occuring prior to obtaining an order, but used as a basis for obtaining such
order. (C) When a request for citation is made
to the division of liquor control or the investigative unit by a law
enforcement agency, such request must be submitted in writing within thirty
days of the date of the alleged violation, except when an arrest, a summons in
lieu of an arrest, an indictment, an information or another method of
initiating criminal proceedings has been made in connection with the alleged
violation or violations. (D) This rule applies only to adminstrative violations and
shall not be construed to apply to any criminal investigation conducted by the
investigative unit.
Last updated October 25, 2021 at 8:33 AM
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Rule 4301:1-1-62 | Inspection of permit premises - hindering or assaulting forbidden.
A liquor permit holder, their agent, or employee
shall, upon presentation of credentials by a compliance agent of the division
of liquor control, enforcement agent of the department of public safety, or any
officer of the law, at all times, immediately admit such compliance agent,
enforcement agent, or officer to the permit premises for any lawful
purpose. No liquor permit holder shall personally or by an
agent or employee assault a compliance agent of the division of liquor control,
enforcement agent of the department of public safety, or officer of the law, or
incite an assault by others upon such compliance agent, enforcement agent, or
officer, or allow patrons or others to interfere with an inspection or
investigation of the permit premises.
Last updated May 1, 2024 at 9:01 AM
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Rule 4301:1-1-64 | Population estimates.
Effective:
August 31, 2016
For the purpose of determining quota as authorized
by section 4303.29 of the Revised Code, the liquor control commission and the
division of liquor control will recognize the population count for each
political subdivision as determined by the federal decennial census, the
population estimates certified by the Ohio development services agency between
federal census years, a "special census" conducted by the federal
census bureau, a "self-enumeration" so long as it is supervised by
either the Ohio development services agency or the federal census bureau, or a
"symptomatic indicators" enumeration as conducted by the Ohio
development services agency using the best available means to construct such.
In each case, the cost of obtaining such estimate shall be borne by the party
requesting such data.
Last updated May 30, 2023 at 11:46 AM
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Rule 4301:1-1-65 | Procedure for hearings before the liquor control commission.
Effective:
August 31, 2016
(A) When the director of the department
of public safety or the superintendent of the division of liquor control,
acting pursuant to the provisions of the Liquor Control Act or rules of the
commission or the division of liquor control, cites a permit holder to appear
before the commission to show cause why the permit should not be revoked,
suspended, or cancelled, the liquor control commission shall, at least fifteen
days prior to the date of such hearing, send a notice of such hearing by
certified mail, return receipt requested, to the holder of the permit at the
address set forth in the permit. Such notice shall specify the alleged
violation and the date, time, and place of such hearing, and such hearing shall
take place not less than fifteen days after the date of the mailing of such
notice by the liquor control commission. (B) When the superintendent of the
division of liquor control refuses to issue, renew, or transfer any permit, the
superintendent, or the superintendent's designate, shall by certified
mail, return receipt requested, send to the applicant so refused notice of such
order to the permit premises and a copy of such notice to the applicant's
attorney of record. If the applicant does not have a permit in effect at that
location, the notice shall be sent to the applicant's last known address
via certified mail, return receipt requested, and a copy of the notice to the
applicant's attorney of record. The notice shall set forth the reasons for
the superintendent's action, refer to the law or rule directly involved,
and state that the applicant shall be afforded a hearing by the commission if
requested within thirty days from the date of mailing the notice. When any such
notice sent by certified mail, return receipt requested, as required by this
rule, is returned because of failure or refusal of delivery, the superintendent
of the division of liquor control, or the superintendent's designate,
shall send such notice by regular mail to the applicant at the applicant's
last known address. Any applicant who files a notice of appeal of the order
with the commission shall attach a copy of the order to the notice of appeal.
No appeal filed more than thirty days from the mailing date of the order shall
be heard by the commission except for good cause shown by the
appellant. After receipt of such notice of appeal from the
applicant so refused, the commission shall, by certified mail, send to the
applicant so appealing, at the address stated in the request for appeal, a
notification of the date, time, and place for such hearing and a copy thereof
to the attorney of record of the appellant. The date for such hearing shall not
be less than seven days or more than fifteen days after the date on which the
commission receives the notice of appeal. In the event that the commission in unable to
hear an appeal from an order of the superintendent rejecting an application for
renewal of a permit, the commission may, upon application in writing from the
applicant, grant in writing such applicant the right to continue operation of
the business until such time as an appeal is heard and a final order of such
appeal is made by the commission. This procedure shall be applicable to all other
actions of the superintendent which are appealable to the commission. (C) In all hearings before the
commission, the procedure shall be as follows: (1) The party with the
burden of proof must first produce evidence and the respondent may then produce
evidence. (2) The party with the
burden of proof may offer evidence in rebuttal. (3) The commission may,
in its discretion, hear arguments. (D) In all hearings before the
commission, and the determination thereon, the production of evidence shall be
governed in general by the rules of evidence and burden of proof required by
Ohio courts in civil cases. The parties may be represented by counsel at such
hearing. The hearing shall be conducted, with respect to the administration of
oaths, taking of depositions, issuing of subpoenas, the compulsory attendance
of witnesses, and the production of books, accounts, papers, records,
documents, and testimony, in accordance with section 4301.04 of the Revised
Code. Pursuant to the provision contained in section
4301.04 of the Revised Code, all requests for subpoenas to be issued by a party
other than the liquor control commission, the department of public safety, or
the division of liquor control shall be made in writing to the liquor control
commission at least five days in advance of such hearing. (E) In hearings before the commission,
the burden of proof shall rest upon: (1) The department of
public safety or the division of liquor control, respectively, with regard to
administration citations issued by them; (2) The division of
liquor control, with regard to any appeal, filed by the permit holder or
applicant, of an order rejecting the issuance, transfer, or renewal of the
permit; (3) The legislative
authority or board, with regard to any appeal filed by them; (4) The former permit
holder, with regard to any permit that has expired through failure to be
renewed; (5) The applicant, with
regard to the discretionary waiver of the provisions of rule 4301:1-1-08 of the
Administrative Code; (6) The complainant, with
regard to complaints filed pursuant to section 4301.27 of the Revised
Code; (7) The tax commissioner,
with regard to the nonrenewal of any permit pursuant to division (D) of section
4303.271 of the Revised Code, due to the identification of the permit holder as
being delinquent in filing any sales or withholding tax returns, as being
liable for outstanding sales or withholding tax, penalties, or interest, or
identified as having been assessed by the department of taxation;
or (8) The agency
responsible for collecting any excise tax, of which the failure of the permit
holder to pay subjects the permit holder to suspension or revocation by the
commission pursuant to section 4301.25 of the Revised Code. (F) Any hearing may be postponed or
continued by the commission on its own motion or at the request of any party
for such period of time and upon such terms as the commission may prescribe.
The party requesting continuance shall submit to the commission, at least five
days prior to the date set for the hearing, a written request stating the
reason for the desired continuance. (G) Any attorney, appellant, permit
holder, witness, or any other person who conducts himself or herself in a
disorderly or contemptuous manner in any hearing before the commission, or
about the offices of the commission, or who obstructs or delays or attempts to
obstruct or delay the orderly submission, hearing, determination, or any matter
before the commission may be reprimanded or suspended from practice before the
commission for such period as the commission may determine. Each violation will
constitute a separate case for reprimand or suspension. (H) Any attorney who at any hearing makes
a fraudulent statement or representation to any member of the commission, or
who presents to, files with, or sends to the commission any statement that he
or she knows contains false statements or representations may be suspended from
practice before the commission for such a period of time as the commission may
determine in each particular case. Each violation of this rule shall constitute
a separate cause for suspension. (I) Should any party to a hearing desire
a rehearing or reconsideration by the commission, such party shall make known
such desire in writing within fifteen days after a decision is rendered by the
commission and shall accompany the motion with a verified statement setting out
the grounds upon which such rehearing or reconsideration is sought. Should the
grounds be newly discovered evidence not available at the time of the former
hearing, the party shall state the nature of the evidence. Grounds for
rehearing shall be for the following five causes only: (1) For mistake, neglect,
or omission on the part of the successful party or irregularity in obtaining a
favorable decision or order on the part of the successful party. (2) For fraud practiced
by the successful party in obtaining a favorable decision or
order. (3) For unavoidable
casualty or misfortune, preventing any party from prosecuting an appeal pending
before the commission. (4) When a decision or
order was obtained, in whole or material part, by false testimony on the part
of the successful party or any witness on the party's behalf, which
ordinary prudence could not have anticipated or guarded against. (5) Newly discovered
evidence, material for the party applying for rehearing, which with reasonable
diligence could not have been discovered and produced at the hearing and which
is not merely corroborative of evidence produced or offered at the
hearing. (6) Grounds for a motion
for reconsideration may be any of the above or any other reason contended to be
a basis to modify the original decision. (J) At all hearings before the
commission, a record of the testimony shall be taken. (K) In the event of a tie vote by the
commission, the same shall constitute an affirmance of the action taken by the
director of the department of public safety or the superintendent of liquor
control. (L) In any hearing within the
commission's jurisdiction, the commission may appoint a referee or
examiner to conduct the hearing. The referee or examiner shall have the same
powers and authority in conducting the hearing as is granted to the commission.
Such referee or examiner shall have been admitted to the practice of law in the
state and be possessed of such additional qualifications as the commission
requires. The referee or examiner shall submit to the commission a written
report setting forth his/her findings of fact and conclusions of law and a
recommendation of the action to be taken by the commission. A copy of such
written report and recommendation of the referee or examiner shall within five
days of the date of filing thereof, be served upon each party or his/her
attorney or other representative of record, by certified mail. Either party
may, within ten days of receipt of such copy of such written report and
recommendation, file with the commission written objections to the report and
recommendation, which objections shall be considered by the commission before
approving, modifying, or disapproving the recommendation. The commission may
grant extensions of time to either party within which to file such objections.
No recommendation of the referee or examiner shall be approved, modified, or
disapproved by the commission until after ten days after service of such report
and recommendation as provided in this provision. The commission may order
additional testimony to be taken or permit the introduction of further
documentary evidence. The recommendation of the referee or examiner may be
approved, modified, or disapproved by the commission and the order of the
commission based on such report, recommendation, transcript of testimony and
evidence, or objections of the parties, and additional testimony and evidence
shall have the same effect as if such hearing had been conducted by the
commission. No such recommendation shall be final until confirmed and approved
by the commission as indicated by the order entered on its record of
proceedings, and if the commission modifies or disapproves the recommendations
of the referee or examiner, it shall include in the record of its proceedings
the reasons for such modification or disapproval.
Last updated May 30, 2023 at 11:46 AM
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Rule 4301:1-1-66 | Advertising of proposed rules.
Effective:
October 25, 2021
This rule is adopted by the liquor control
commission pursuant to the authorization and requirements of sections 119.02,
119.03, and 119.04 of the Revised Code. (A) Whenever a rule is proposed for
adoption, amendment, or rescission, the person, agency or organization so
proposing it shall fully comply with the following requirements: (1) The rule shall be
typed on standard 8 1/2" x 11" white paper with the appropriate rule
number appearing at the top thereof. The proponent's name, address,
telephone number, and the contact person shall be noted on the first page of
the rule or on any attached correspondence. (2) All new language of
the rule shall be underlined and all deletions from the current language shall
be struck through. (3) Accompanying each
rule shall be all of the following: (a) A citation of the Ohio Revised Code section under which it is
being promulgated; (b) A citation of the Ohio Revised Code section by which it is
authorized; (c) A citation of the Ohio Revised Code section which it
amplifies; (d) A statement of the need for the rule, how it is intended to
meet the need, and the fiscal impact on any agencies of the state of Ohio and
the public that may be economically affected by such rule. (4) If the rule,
amendment, or rescission is being proposed as a result of federal regulations,
a court decision, or legislation enacted by the general assembly, copies
thereof shall be submitted along with the proposed rule. (5) Any proposed new,
amended, or rescinded rule shall be filed with all of the
following: (a) Liquor control commission, (b) Superintendent of the division of liquor
control, (c) Attorney general of Ohio - liquor unit, (d) Department of public safety, investigative unit. (B) A copy of any proposed rule shall be
provided to any person who requests it and pays a reasonable fee, set by the
liquor control commission, not to exceed the cost of copying and
mailing.
Last updated October 25, 2021 at 8:33 AM
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Rule 4301:1-1-67 | Sales reports of A-1 permit holders.
Effective:
August 7, 2006
Not more than twenty percent of total sales of A-1 permit holders may be made to non-permit holders for home use during the immediate previous three months. The liquor control commission may suspend or revoke such permit for a violation of this rule. Each holder of an A-1 permit shall maintain such records as necessary for a period of one year for inspection upon demand by the division of liquor control to verify compliance with this rule.
Last updated May 30, 2023 at 11:46 AM
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Rule 4301:1-1-68 | Sales reports of B-1 permit holders.
Not more than twenty percent of total sales of B-1 permit holders may be made to non-permit holders for home use during the immediate previous three months. The liquor control commission may suspend or revoke such permit for a violation of this rule. Each holder of a B-1 permit shall maintain such records as necessary for a period of one year for inspection upon demand by the division of liquor control to verify compliance with this rule.
Last updated November 4, 2024 at 1:39 PM
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Rule 4301:1-1-71 | Sponsorship of athletic events or tournaments, concerts, shows, or entertainment.
Effective:
August 27, 2007
(A) Nothing contained in rule 4301:1-1-44 of the Administrative Code or other rule of the commission as applied to persons engaged in the business of manufacturing alcoholic beverages shall prohibit such persons from sponsoring athletic events or tournaments, provided that no participant of said athletic event or tournament is a minor and an amateur. (B) Nothing contained in this rule or rule 4301:1-1-44 of the Administrative Code shall prohibit the sponsorship of radio or television broadcasts of athletic events or tournaments by persons engaged in the business of manufacturing alcoholic beverages. (C) An alcoholic beverage manufacturer may sponsor an athletic event or tournament being conducted by a charitable organization, which is not a liquor permit holder (other than a temporary liquor permit), even though a retail permit holder is also a sponsor of the event or tournament. A retail permit holder may sponsor a charitable organization's athletic event or tournament, even if an alcoholic beverage manufacturer is also a sponsor, under the same conditions as stated above. (D) An alcoholic beverage manufacturer may sponsor events, concerts, shows, or entertainment that are not athletic in nature and that are conducted by nonprofit or charitable organizations, which are not liquor permit holders other than temporary liquor permits. (E) An alcoholic beverage manufacturer may sponsor events, concerts, shows, or entertainment at a liquor permit premises, provided that: the primary purpose of the permit premises is to provide events, concerts, shows, and other entertainment to the general public, and is not to sell alcoholic beverages. (F) An alcoholic beverage manufacturer may purchase a license for trademarked or copyrighted material from a charitable organization that is a retail liquor permit holder. Payment to the organization must reflect the fair market value of the license rights received. (G) Sponsorship of any event, concert, show, entertainment, or tournament, or the purchase of license rights by an alcoholic beverage manufacturer shall not be contingent on the purchase of alcoholic beverages or retail advertising specialties. (H) For purposes of this rule, "charitable organization" means an organization that has received a determination letter from the federal internal revenue service that is currently in effect stating that the organization is exempt from federal income taxation pursuant to subsection 501(a) and described in subsection 501(c) of the Internal Revenue Code.
Last updated February 21, 2024 at 1:41 PM
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Rule 4301:1-1-72 | Minimum markup on beer.
Effective:
February 25, 2013
This rule reflects the policy and intent of the commission to maintain effective control over the sale and distribution of beer, an alcoholic beverage, and to prevent abuses caused by the disorderly and unregulated sale of beer. 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. (A) This rule shall apply to all retail sales of beer, not for consumption on the premises where sold and in sealed containers, by A-1, A-1A, B-1, C-1, C-2X, D-1, D-2X or D-5 permit holders. (B) The minimum retail selling price of beer, whether by the bottle, can, case, or keg, shall be determined in the following manner: (1) The minimum retail selling price for retail sales made by a manufacturer shall be computed by adding a minimum markup of not less than twenty-five percent to the wholesale invoice price for sales by the manufacturer to retail permit holders for the same product and brand in the same size container. (2) The minimum retail selling price for retail sales made by a wholesale distributor shall be computed by adding a minimum markup of not less than twenty-five percent to the wholesale invoice price for sales by the wholesale distributor to retail permit holders for the same product and brand in the same size container. (3) The minimum retail selling price for retail sales made by a retail permit holder shall be computed by adding a minimum markup of not less than twenty-five percent to the wholesale invoice price to them for that product and brand in the same size container, (4) Deposit charges for the bottle, can, case, or keg shall not be included as part of the cost or included in any computation for determining the minimum retail selling price with respect to any class of liquor permit holders. (5) The minimum retail selling price of beer packaged by the manufacturer to be sold as an individual sealed container shall be computed, to the nearest cent, by dividing the number of individual sealed containers in an original shipping carton or case into the minimum retail selling price, as computed herein, for that shipping carton or case. (C) Except as otherwise provided in this paragraph, beer packaged by the manufacturer to be sold as part of a multiple-container package may not be repackaged or split apart by a retail permit holder into smaller, multiple-container packages of the same brand. (1) When not prohibited by the manufacturer, individual containers of beer purchased as part of a multiple-container package may be sold as individuals. (2) When not prohibited by the manufacturer, a retail permit holder may sell beer in packages containing two or more brands, otherwise known as "mix and match," provided the products contained in the package are selected by the consumer and the minimum markup requirement is met for each container in the "mix and match" package.
Last updated November 1, 2024 at 3:55 PM
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Rule 4301:1-1-73 | Differential pricing practices: manner and frequency of price changes for beer.
Effective:
November 1, 1985
(A) Manufacturers and all other suppliers who sell beer to wholesale distributors must give fourteen days' written notice of any price change to wholesale distributors to whom they regularly sell their products before initiating the price change. As soon after receiving said notice as practicable, the wholesale distributor must give notice of any resulting price change to its retail accounts. (B) No manufacturer or supplier of beer to wholesale distributors may fix the price to be charged for any package by any other permit holder. (C) No manufacturer or supplier of beer to Ohio wholesalers may differentiate in the price of beer sold to Ohio wholesalers except when such price differentials are based on reasonable business grounds. A differential price may not be based on a wholesaler's refusal to participate in a price promotion. No manufacturer or supplier of beer may require an Ohio wholesaler to participate in any price promotion.
Last updated November 4, 2024 at 1:40 PM
Supplemental Information
Authorized By:
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Amplifies:
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Five Year Review Date:
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Rule 4301:1-1-74 | Regulates and stabilizes the manner of distributing and selling bottled wine within the state.
This rule is promulgated pursuant to the provisions
of section 4301.13 of the Revised Code, to regulate and stabilize the manner of
distributing and selling bottled wine within the state. (A) This rule shall apply to all sales of wine by A-2, A-2f, B-2,
B-2a, and B-5 permit holders. (B) Every person selling wine to a retail permit holder in less
than case lots of the same bottle size, type, and kind of wine, shall collect
from the retail permit holder a minimum cash amount of twenty-five cents for
each single bottle sold. (C) Every person selling wine to a retail permit holder shall
state on the memorandum of sale and on all other records of sale the quantity
and size of bottles sold in less than case lots and the cash amount charged per
sale.
Last updated May 16, 2021 at 12:00 AM
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Rule 4301:1-1-76 | D-7 permit.
Effective:
August 31, 2016
This rule is promulgated pursuant to the provisions
of sections 4303.183 and 4303.262 of the Revised Code to designate areas as
resort areas for the purpose of issuance of D-7 permits, and to establish quota
restrictions and length of seasons for such permit operations. (A) Length of resort season: The resort
season shall start on May first and end on October thirty-first. Sales of beer
or intoxicating liquor pursuant to a D-7 liquor permit shall not take place
from November first to April thirtieth. (B) Resort areas: (1) The village of
Kelley's Island in Erie county. (2) Ottawa county. (3) The village of Geneva-on-the-Lake in
Ashtabula county. (4) The city of Conneaut in Ashtabula
county. (C) The maximum number of D-7 permits for
each designated resort area shall be based upon need expressed at public
hearing before the commission and on all other data relative to the need as
furnished by the development services agency or the division of liquor control.
The maximum number of D-7 liquor permits for each designated resort area
is: (1) The village of
Kelley's Island, Erie county: four permits. (2) Ottawa county: twelve
permits. (3) The village of
Geneva-on-the-Lake, Ashtabula county: eight permits. (4) The city of Conneaut,
Ashtabula county: four permits. (D) All applications for D-7 liquor
permits filed with the division of liquor control shall be processed in the
order in which the application was received. When the quota is filled before
all applications are processed, said application will be processed in the order
they were time stamped into the division of liquor control, when the opening
becomes available. All subsequent applications will be processed in the same
manner, if it becomes necessary to do so.
Last updated May 30, 2023 at 11:47 AM
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Rule 4301:1-1-77 | Notice of meetings.
Effective:
August 31, 2016
This rule is adopted in compliance with and under
the authority of division (F) of section 121.22 of the Revised Code. Any person may determine the time and place of all
regularly scheduled meetings and the time, place, and purpose of all special
meetings by consulting with the Ohio liquor control commission website
(lcc.ohio.gov), or by writing to the following address: "Liquor Control
Commission, 77 South High Street, Eighteenth Floor, Columbus, Ohio
43215." (A) Any representative of the news media
may obtain notice of all special meetings by requesting in writing that such
notice be provided. The request shall provide the name of the individual media
representative to be contacted and an email or mailing address. (B) The liquor control commission shall
maintain a list of all representatives of the news media who have requested
notice of special meetings pursuant to this rule. (C) In the event of a special meeting not
of any emergency nature, the liquor control commission shall notify all media
representatives on the list of such meeting by sending an email or written
notice four calendar days prior to the day of the special meeting. (D) In the event of a special meeting of
an emergency nature, the liquor control commission shall notify the clerk of
the state house press. (E) Any person may receive notice of all
meetings of the liquor control commission at which specific subject matters are
scheduled to be discussed.
Last updated May 30, 2023 at 11:47 AM
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Rule 4301:1-1-78 | Auctions by qualifying permit holders.
Effective:
August 31, 2016
This rule is adopted pursuant to the provisions of
sections 4301.041, 4301.042, 4301.13, and 4303.202 of the Revised Code to
regulate the manner of dealing in and distributing and selling beer, wine, or
mixed beverages within the state, and pursuant to the provisions of division
(C) of section 4301.58 of the Revised Code to provide consent to certain
purchases. A qualifying holder of an F-2 permit may sell beer,
wine, or mixed beverages in its original container by auction at not more than
one qualifying event during any calendar year. Beer, wine, or mixed beverages
sold by auction at such qualifying event may be obtained by the qualifying
holder of an F-2 permit either by purchasing it from a manufacturer or
wholesale distributor authorized to sell such products or by donation from any
person who is not a holder of a permit issued by the division of liquor
control. For purposes of this rule, "qualifying
holder" means a person otherwise entitled to hold an F-2 permit that is a
charitable organization and that has received from the internal revenue service
a determination letter that is currently in effect stating that the
organization is exempt from federal income taxation under subsection 501(a) and
described in subsection 501(c)(3) of the Internal Revenue Code. For purposes of this rule, "qualifying
event" means an event, held for a period of not more than twenty-four
hours, conducted by a qualifying holder on its permit premises and on a day for
which a permit is otherwise properly issued, from which all the net money,
proceeds, or assets are received and used by such qualifying holder.
Last updated May 30, 2023 at 11:48 AM
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Rule 4301:1-1-79 | Restrictions on warrantless administrative inspections.
Effective:
October 25, 2021
This rule is being adopted in order to comply with
the mandate of Amended Substitute House Bill 405 of the 118th General Assembly
to limit the time, place, and scope of warrantless administrative inspections
of all liquor permit premises, by authorized agents or employees of the
division of liquor control, the department of public safety, or by any peace
officer, as this term is defined in section 2935.01 of the Revised Code. Warrantless administrative inspections may be
conducted by authorized agents or employees of the division of liquor control,
the department of public safety, or peace officers as defined in section
2935.01 of the Revised Code subject to the following limitations as to time,
place, and scope: (A) Inspections shall be conducted for
the limited purpose of determining compliance with the provisions of the liquor
control act and the rules of the liquor control commission or the division of
liquor control. (B) Inspections may be conducted only
during those hours in which the permit holder is open for business and only by
authorized agents of the division of liquor control, the department of public
safety, or by any peace officer, as this term is defined in section 2935.01 of
the Revised Code. Inspections may be conducted at other times only if it
reasonably appears that all or part of the permit premises is in
operation. (C) Inspections shall be conducted on
that portion of the premises that is included as part of the licensed premises.
The licensed premises shall be determined by the most current sketch of the
premises on file with the division of liquor control. Additionally, the
licensed premises shall include any part of that building or any other building
connected with the licensed premises by direct access or by a common entrance
and being used as a subterfuge or means of evading the provisions of Title
XLIII of the Revised Code, the rules of the commission, or the division. The
changing or alteration of what constitutes the licensed premises shall be
governed by the provisions of rule 4301-1-02 of the Administrative
Code. (D) This provision for warrantless
administrative inspections includes, but is not limited to, the search and
seizure of materials in locked closets, filing cabinets, cellars, attics,
storage rooms, desks, and safes located on the licensed premises and electronic
devices, such as, DVRs, security cameras, and point of sale systems, so long as
there is reasonable suspicion that evidence of violation of the liquor control
act, the rules of the liquor control commission, or the rules of the division
of liquor control will be found therein. Such materials shall include books and
records, wherever they may be found on the premises. Nothing in this rule shall
be construed to contravene the plain view doctrine. In addition, any part of
any other building connected with the licensed premises by direct access or by
a common entrance and being used as a subterfuge or means of evading the
provisions of Title XLIII of the Revised Code, the rules of the commission, or
the rules of the division of liquor control will be subject to the same
inspection. It shall be within the discretion of the liquor control commission
or any court of competent jurisdiction to determine whether the right to
inspect was based on reasonable suspicion that evidence of violations of the
liquor control act, rules of the liquor control commission, or division of
liquor control would be found in said licensed premises.
Last updated October 25, 2021 at 8:33 AM
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