Section 4301.171 | Tasting samples of spirituous liquor.
(A) As used in this section:
(1) "Broker" and "solicitor" have the same meanings as in rules adopted by the superintendent of liquor control under section 4303.25 of the Revised Code.
(2) "Tasting sample" means a small amount of spirituous liquor that is provided in a serving of not more than a quarter ounce of spirituous liquor and, if provided, not more than one ounce of nonalcoholic mixer to an authorized person and that allows the person to determine, by tasting only, the quality and character of the beverage.
(3) "Trade marketing company" means a company that solicits the purchase of beer and intoxicating liquor and educates the public about beer and intoxicating liquor.
(4) "Trade marketing professional" means an individual who is an employee of, or is under contract with, a trade marketing company and who has successfully completed a training program described in section 4301.253 of the Revised Code.
(B) Notwithstanding section 4301.24 of the Revised Code, an agency store to which a D-8 permit has been issued may allow a trade marketing professional, broker, or solicitor to offer tasting samples of spirituous liquor when conducted in accordance with this section. A tasting sample shall not be provided for the purpose of general consumption.
(C) Tasting samples of spirituous liquor may be offered at an agency store by a trade marketing professional, broker, or solicitor if all of the following apply:
(1) The tasting samples are provided only in the area of the agency store in which spirituous liquor is sold and that area is open to the public.
(2) The tasting samples are provided only by the trade marketing professional, broker, or solicitor.
(3) The spirituous liquor is registered under division (A)(8) of section 4301.10 of the Revised Code.
(4) Not less than ten business days prior to the sampling, the trade marketing professional, broker, or solicitor has provided written notice to the division of liquor control of the date and time of the sampling, and of the type and brand of spirituous liquor to be sampled at the agency store.
(D) The provision of tasting samples of spirituous liquor is subject to rules adopted by the superintendent of liquor control or the liquor control commission.
(E) An offering of tasting samples of spirituous liquor shall be limited to a period of not more than two hours.
(F) For purposes of offering tasting samples of spirituous liquor, a trade marketing professional, broker, or solicitor shall purchase the spirituous liquor from the agency store at the current retail price. An authorized person shall not be charged for a tasting sample of spirituous liquor. When sampling of spirituous liquor at an agency store is completed, any bottles of spirituous liquor used to provide tasting samples that are not empty shall be marked as "sample" and removed from the agency store by the trade marketing professional, broker, or solicitor, as applicable.
(G) No trade marketing professional, broker, or solicitor shall do any of the following:
(1) Advertise the offering of tasting samples of spirituous liquor other than at the agency store where the tasting samples will be offered or as provided in section 4301.245 of the Revised Code;
(2) Solicit orders or offer tasting samples of spirituous liquor in quantities greater than those specified in division (G)(3) of this section;
(3) Allow any authorized person to consume more than four tasting samples of spirituous liquor per day.
(H) The consumption of a tasting sample of spirituous liquor shall not be contingent upon the purchase of any other product from an agency store.
(I) No employee of an agency store that allows the consumption of tasting samples of spirituous liquor shall consume a tasting sample while on duty.
(J) If an employee of an agency store that allows the consumption of tasting samples of spirituous liquor consumes a tasting sample of spirituous liquor, the employee shall not perform the employee's duties and responsibilities at the agency store on the day the tasting sample is consumed.
(K) No person under twenty-one years of age shall consume a tasting sample of spirituous liquor.
(L) Not more than ten events at which tasting samples of spirituous liquor are offered shall occur at an agency store in a calendar month provided that:
(1) Not more than two events shall occur in the same day; and
(2) There is not less than one hour between the end of one event and the beginning of the next event.
(M) No trade marketing professional, trade marketing company, broker, solicitor, owner or operator of an agency store, or an agent or employee of the owner or operator shall violate this section or any rules adopted by the superintendent or the commission for the purposes of this section.
Last updated August 27, 2024 at 3:13 PM
Available Versions of this Section
- July 10, 2014 – Senate Bill 173 - 130th General Assembly [ View July 10, 2014 Version ]
- June 8, 2022 – Amended by Senate Bill 9 - 134th General Assembly [ View June 8, 2022 Version ]
- October 24, 2024 – Amended by Senate Bill 94 - 135th General Assembly [ View October 24, 2024 Version ]