reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4175 | Climbing Facilities › Section 4175.06 | Assumption of Risk; Liability.

Effective:
March 28, 2017
Latest Legislation:
Senate Bill 235 - 131st General Assembly
Climbers have knowledge of and expressly assume the risks and legal responsibility for any losses that result from any of the following:
(A) Falls and crashes into the climbing wall, holds, rocks, or other obstacles;
(B) Risks associated with crossing or climbing up or down;
(C) Equipment failure;
(D) The climber's physical strength, coordination, sense of balance, and ability to follow or give directions while climbing, belaying, lifting, or spotting;
(E) Fatigue, chill, or dizziness;
(F) The actions of other individuals, which are not attributable to a breach of the climbing facility operator's duties under section 4175.03 or 4175.08 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4175 | Climbing Facilities › Section 4175.07 | Construction; Contributory Fault.

Effective:
March 28, 2017
Latest Legislation:
Senate Bill 235 - 131st General Assembly
The express assumption of risk established in section 4175.06 of the Revised Code serves as a complete defense against liability in a tort or other civil action against a climbing facility operator by a climber for injuries resulting from the assumed risks of climbing enumerated in that section. The contributory fault provisions of sections 2315.32 to 2315.36 of the Revised Code do not apply unless the operator has breached the operator's duties under section 4175.03 or 4175.08 of the Revised Code.
2023 Ohio Revised Code › Title 41 | Labor and Industry › Chapter 4175 | Climbing Facilities › Section 4175.08 | Certificate of Insurance.

Effective:
March 28, 2017
Latest Legislation:
Senate Bill 235 - 131st General Assembly
(A) The owner of a climbing facility shall file with the department of commerce a certificate of insurance evidencing that each climbing facility owned by the owner has liability insurance in effect with an insurer authorized or approved to write such insurance in this state.
(B) The insurance policy required by division (A) of this section shall provide coverage in the following amounts:
(1) Not less than five hundred thousand dollars because of bodily injury or death of one person in each occurrence;
(2) Not less than one million dollars because of bodily injury to or death of two or more persons in each occurrence.
(C) The insurance policy required by division (A) of this section may include a deductible clause, provided that any settlement made by the insurance company with an injured party or the injured party's legal representative shall be paid as though the deductible clause did not apply.
(D) Each policy, by its original terms or an endorsement, s hall do both of the following:
(1) Obligate the insurer that the insurer will not cancel the policy without thirty days' written notice and a complete report of the reasons for such cancellation being given to the department;
(2) Obligate the insurer that the insurer will, within twenty-four hours, report to the department if it pays a claim or reserves any amount to pay an anticipated claim that reduces the liability insurance coverage to a limit of less than one million dollars because of bodily injury to or death of two or more persons in each occurrence.
(E) If the insurance policy is canceled during its term or lapses for any reason, including coverage reduced below the required amount, the owner shall replace the policy with another policy fully complying with the requirements of this section prior to permitting a climber to use the climbing facility.
(F) If the owner fails to file a certificate of insurance for new or replacement insurance, the owner shall cease all operations under the permit immediately upon the cancellation or lapse of the insurance and further obligations shall not be conducted without the specific approval of the department, which shall be given after the owner has complied with this section.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.011 | General Assembly Finding - Sole and Exclusive Regulation of Alcohol.

Effective:
April 12, 2021
Latest Legislation:
House Bill 674 - 133rd General Assembly
The general assembly hereby finds that the Twenty-first Amendment to the United States Constitution confers upon the state of Ohio sole and exclusive authority to regulate the sale and distribution of beer and intoxicating liquor in this state. That authority, so conferred, has rested with the state of Ohio since the ratification of the Twenty-first Amendment to the United States Constitution.
The general assembly also finds that its authority to so regulate is exercised through Title XLIII of the Revised Code and other relevant provisions of the Revised Code. Title XLIII of the Revised Code and the other relevant provisions of the Revised Code reflect the intent of the general assembly to do all of the following:
(A) Promote temperance by preventing consumption by underage persons and by discouraging abusive consumption;
(B) Promote orderly markets by requiring transparent, accountable, and stable distribution of beer and intoxicating liquor and preventing unfair competition;
(C) Facilitate the collection of taxes related to the sale and consumption of beer and intoxicating liquor.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.02 | Division of Liquor Control Organization.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 162 - 121st General Assembly
The division of liquor control consists of the superintendent of liquor control appointed by the director of commerce and such deputies, chiefs, agents, and employees as the director of commerce shall appoint to administer the various functions of the division, including but not limited to, the operation of a beer and wine section and the issuance of permits. The deputies and chiefs shall serve in the unclassified civil service.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.021 | Superintendent of Liquor Control Powers.

Effective:
June 30, 1999
Latest Legislation:
House Bill 163 - 123rd General Assembly
The superintendent of liquor control shall exercise all powers and perform all duties created and enjoined by Chapters 4301. and 4303. of the Revised Code, except for the powers and duties vested in and enjoined upon the liquor control commission by section 4301.022 of the Revised Code and all chapters and sections of the Revised Code referred to in that section, and except for the powers and duties vested in the department of public safety under sections 5502.13 to 5502.19 of the Revised Code and all provisions of the Revised Code referred to in those sections that relate to liquor control enforcement.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.022 | Liquor Control Commission.

Effective:
December 23, 1986
Latest Legislation:
House Bill 428 - 116th General Assembly
The liquor control commission consists of three commissioners, not more than two of whom shall be of the same political party, who shall be appointed by the governor, with the advice and consent of the senate. Terms of office shall be for six years, commencing on the ninth day of February and ending on the eighth day of February, except that upon expiration of the term ending February 12, 1979, the new term which succeeds it shall commence on February 13, 1979 and end on February 8, 1985. Each member shall hold office from the date of his appointment until the end of the term for which he was appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall hold office for the remainder of such term. Any member shall continue in office subsequent to the expiration date of his term until his successor takes office, or until a period of sixty days has elapsed, whichever occurs first.
A vacancy in the office of a member of the commission shall be filled pursuant to section 3.03 of the Revised Code.
The governor shall select a member of the commission to be its chairman and a second member of the commission to be its vice-chairman. The governor may remove a member of the commission at any time for misfeasance, nonfeasance, or malfeasance in office. The commission shall appoint an executive secretary and such other employees as it considers necessary to carry out its powers and duties.
The governor shall designate the chairman and vice-chairman at the time of making the original appointment of members of the commission, at the time thereafter of making an appointment of any member for a full term, and at the time of any vacancy in the office of chairman or vice-chairman.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.041 | Minimum Percentage Mark-Up for Sales at Retail of Beer.

Effective:
October 11, 2002
Latest Legislation:
House Bill 371 - 124th General Assembly
The liquor control commission may determine and fix by rule the minimum percentage mark-up for sales at retail of beer, whether in case lot or less.
To determine the retail price of beer, the minimum percentage mark-up may be applied to the wholesale price of the manufacturer or wholesale distributor charged to the retail permit holder. Such prices shall apply to sales made at retail by a permit holder for off-premise consumption only.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.042 | Pricing Practices Rules for Beer Sales.

Effective:
October 11, 2002
Latest Legislation:
House Bill 371 - 124th General Assembly
The liquor control commission may adopt, repeal, and amend rules providing for and controlling pricing practices and the manner and frequency with which any person sets or changes prices at which beer is sold to or by the holders of B-1 permits, but the commission shall not set prices or markups between manufacturers or other suppliers and the holders of B-1 permits.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.05 | Liquor Control Commission Not to Exercise Executive or Administrative Duties or Powers.

Effective:
April 17, 1963
Latest Legislation:
Senate Bill 24 - 105th General Assembly
Sections 4301.03, 4301.04, and 4301.041 of the Revised Code do not derogate from or prejudice any other power expressly or impliedly granted to the liquor control commission by Chapters 4301. and 4303. of the Revised Code; but except as expressly provided in sections 4301.03, 4301.04, and 4301.041 of the Revised Code, the commission shall not exercise executive or administrative duties or powers.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.06 | Division of Liquor Control Publications and Hearings.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 162 - 121st General Assembly
The division of liquor control shall compile and publish, in reasonable detail, information as to its financial and other operations; and the liquor control commission shall hold not less than four public hearings annually for the purpose of hearing general complaints as to its policies under Chapters 4301. and 4303. of the Revised Code, receiving suggestions with respect thereto, and for the dissemination of information to the public. All of the records of the proceedings of the division of liquor control shall be open to public inspection.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.07 | Liquor Control Commission Members.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
Each member of the liquor control commission shall devote the member's entire time to the duties of office and shall hold no other office of trust or profit. No member of the commission, nor the superintendent of liquor control, nor any of the employees of the commission or of the division of liquor control, shall have any direct financial interest in, or any interest otherwise prohibited by Chapter 102. or section 2921.42 or 2921.43 of the Revised Code in, the manufacture, distribution, or sale of beer or intoxicating liquor.
Each member of the commission and the chairperson shall receive a salary fixed pursuant to division (J) of section 124.15 of the Revised Code. In addition to that salary, each member shall receive actual and necessary travel expenses in connection with commission hearings and business. The chairperson shall be an attorney at law who has had five years of active law practice.
As used in this section only, "office of trust or profit" means:
(A) A federal or state elective office or an elected office of a political subdivision of the state;
(B) A position on a board or commission of the state that is appointed by the governor;
(C) An office set forth in section 121.03, 121.04, or 121.05 of the Revised Code;
(D) An office of the government of the United States that is appointed by the president of the United States.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.08 | Bond of Liquor Control Commission, Superintendent, Employees.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 162 - 121st General Assembly
Each member of the liquor control commission shall give bond to the state in the amount of ten thousand dollars, and the superintendent of liquor control shall give bond to the state in the amount of one hundred thousand dollars conditioned according to law with surety to the approval of the governor. Such bond shall be filed and kept in the office of the secretary of state. The commission may require any employee of the commission to give like bond in such amount as the commission prescribes, with surety to the satisfaction of the commission, which shall be filed and kept in the office of the commission. The director may require any employee of the division of liquor control to give like bond in such amount as the superintendent prescribes, with surety to the satisfaction of the superintendent, which shall be filed and kept in the office of the division. The premium on any bond required or authorized by this section may be paid from the moneys received for the use of the commission, in the case of bonds for commission employees, or the division, in the case of bonds for division employees, under Chapters 4301. and 4303. of the Revised Code or from appropriations made by the general assembly. Bonds authorized to be taken on employees may, in the discretion of the commission, in the case of bonds for commission employees, or the superintendent, in the case of bonds for division employees, be individual, schedule, or blanket bonds.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.101 | Superintendent of Liquor Control Rules.

Effective:
April 12, 2021
Latest Legislation:
House Bill 674 - 133rd General Assembly
The superintendent of liquor control may adopt and promulgate, repeal, rescind, and amend, in the manner required by this section, rules, standards, requirements, and orders necessary to carry out the following:
(A) Rules and regulations governing the management of the state liquor stores and the manner of conducting them;
(B) Standards, not in conflict with those prescribed by any law of this state or the United States, to secure the use of proper ingredients and methods in the manufacture of alcohol and spirituous liquor to be sold within this state;
(C) Rules and regulations determining the nature, form, and capacity of all packages and bottles to be used for containing spirituous liquor to be kept or sold, subject to the provisions of section 4301.19 of the Revised Code, governing the form of all seals and labels to be used thereon, prescribing that the stamps required by Chapters 4301. and 4303. of the Revised Code to be affixed to containers of such spirituous liquor shall bear the official seal of the division of liquor control, in addition to the official identification seal prescribed by the superintendent by rule to be affixed to all bottles of spirituous liquor, and requiring the label on every package, bottle, and container to state the ingredients in the contents and the terms of weight, volume, or proof spirits of the spirituous liquor;
(D) Rules in accordance with Chapter 119. of the Revised Code governing the delivery of spirituous liquor in original containers to personal consumers by the division of liquor control.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.102 | Administration, Collection, and Enforcement of County Sports Facility Liquor Tax.

Effective:
July 19, 1995
Latest Legislation:
Senate Bill 162, Senate Bill 188 - 121st General Assembly
(A) The superintendent of liquor control shall collect the tax levied under section 307.697 or 4301.424 of the Revised Code on sales of spirituous liquor sold to liquor permit holders for resale, and sold at retail by the division of liquor control, in the county in which the tax is levied, and shall deposit the tax into the state treasury to the credit of the liquor control fund created by section 4301.12 of the Revised Code. The superintendent shall provide for payment of the full amount of the tax collected to the county in which the tax is levied as follows:
(1) For each county in which a tax is levied under section 307.697 or 4301.424 of the Revised Code, the superintendent of liquor control shall, on or before the sixteenth day of each month:
(a) From the best information available to the superintendent, determine and certify to the director of budget and management and to the tax commissioner the full amount of the tax levied in the county and collected during the first fifteen days of the preceding month;
(b) On or before the last working day of each month, from the best information available to the superintendent, determine and certify to the director of budget and management and to the tax commissioner the full amount of the tax levied in the county and collected during the remainder of the preceding month.
(2) Upon receipt of such certification, the director of budget and management shall transfer from the liquor control fund to the permissive tax distribution fund created by division (B)(1) of section 4301.423 of the Revised Code the full amount certified to the director under division (A)(1) of this section.
(3) Within five working days after receiving the certification provided for in division (A)(1) of this section, the tax commissioner shall provide for payment to the county treasurer of each county that imposes a tax under section 307.697 or 4301.424 of the Revised Code the full amount certified to be paid to the county.
(B) The superintendent of liquor control may adopt any rules necessary for the administration, collection, and enforcement of taxes levied under section 307.697 or 4301.424 of the Revised Code.
(C) Notwithstanding any other provision of law to the contrary, no permit holder shall purchase liquor from the division of liquor control at wholesale from a store that is located outside of a county in which a tax is levied under section 307.697 or 4301.424 of the Revised Code if the liquor is to be resold in the county in which the tax is levied.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.11 | Leases of State Liquor Stores.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 162 - 121st General Assembly
All contracts of lease for a state liquor store entered into by the division of liquor control shall be made in writing with the lowest responsive and responsible bidder, in accordance with section 9.312 of the Revised Code, after an advertisement in a newspaper of general circulation in the community wherein it is proposed to establish such store. In determining the lowest responsive and responsible bid, the division shall consider the length of the lease, the location, size, character, and quality of the construction, and the general fitness for use as such store of the premises for which a bid is submitted.
The liquor control commission may prescribe the form of bid and shall prescribe rules pertaining to the receiving and advertisement of such bid; provided that before accepting a bid and before entering into any contract of lease of the premises for use as a state liquor store the division shall publish in a newspaper of general circulation in the community wherein such premises are located a synopsis of the terms of such proposed lease including the name of the lessor, the location of the premises, and the yearly rental.
The division may reject any or all bids. If the division rejects all bids it shall readvertise for bids for such leases and may continue to readvertise for such bids until bids satisfactory to it are received.
No member of the commission, or any officer or employee of the division, shall directly or indirectly have any interest in any contract of lease entered into by the division.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.12 | Custody, Safekeeping, and Deposit of Funds.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
The division of liquor control shall provide for the custody, safekeeping, and deposit of all moneys, checks, and drafts received by it or any of its employees or agents prior to paying them to the treasurer of state as provided by section 113.08 of the Revised Code.
A sum equal to three dollars and thirty-eight cents for each gallon of spirituous liquor sold by the division, JobsOhio, or a designee of JobsOhio during the period covered by the payment shall be paid into the state treasury to the credit of the general revenue fund. All moneys received from permit fees, except B-2a, S-1, and S-2 permit fees from B-2a, S-1, and S-2 permit holders who do not also hold A-2 or A-2f permits, shall be paid to the credit of the undivided liquor permit fund established by section 4301.30 of the Revised Code.
Except as otherwise provided by law, the division shall deposit all moneys collected under Chapters 4301. and 4303. of the Revised Code into the state treasury to the credit of the state liquor regulatory fund created in section 4301.30 of the Revised Code. In addition, revenue resulting from any contracts with the department of commerce pertaining to the responsibilities and operations described in this chapter may be credited to the fund.
Whenever, in the judgment of the director of budget and management, the amount in the liquor control fund is in excess of that needed to meet the maturing obligations of the division, as working capital for its further operations, to pay the operating expenses of the commission, and for the alcohol testing program under section 3701.143 of the Revised Code, the director shall transfer the excess to the credit of the general revenue fund. If the director determines that the amount in the liquor control fund is insufficient, the director may transfer money from the general revenue fund to the liquor control fund.
Last updated August 24, 2021 at 2:14 PM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.13 | Rules for Dealing in and Distributing and Selling Bottled Wine.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The liquor control commission may adopt, promulgate, repeal, rescind, and amend rules to regulate the manner of dealing in and distributing and selling bottled wine within the state. The commission may require out-of-state producers, shippers, bottlers, and holders of federal importers' permits shipping bottled wine into Ohio and holders of A-2, A-2f, B-5, B-3, and B-2 permits issued by the division of liquor control, engaged in distributing and selling bottled wine in Ohio, to file with the division a schedule of prices in which minimum prices are set forth for the sale of bottled wine at wholesale or retail, or both, in Ohio. Any amendments, additions, alterations, or revisions to the schedule of prices as originally filed with the division shall be filed in the same manner as the original schedule of prices required to be filed with the division.
(B)(1) The commission may determine and fix the minimum mark-ups at wholesale or retail, or both, for bottled wine, and fix the minimum prices at which the various classes of bottled wine shall be distributed and sold in Ohio either at wholesale or retail, or both. With regard to the minimum prices at which various classes of bottled wine are sold in the state at retail, the commission shall allow a retail permit holder to offer to a personal consumer a ten per cent discount off the per-bottle retail sale price on each bottle included in a case of that wine that is offered for sale.
(2) As used in division (B)(1) of this section, "case" means not less than six and not more than twelve bottles of wine, which need not be of the same brand, variety, or volume.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.14 | Rules for Equitable Distribution of Supplies of Spirituous Liquor.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 162 - 121st General Assembly
(A) When the supply of spirituous liquor in this state is insufficient to meet the demands of ordinary trade, due to causes beyond the control of the superintendent of liquor control, the superintendent may establish rules which will insure the equitable distribution of such supplies of spirituous liquor as are available. The superintendent may institute and terminate such rules as conditions demand, and also make changes and alterations therein in accordance with specific needs.
(B) No permit holder or his employee or agent shall purchase at retail any spirituous liquor for resale or in the permit premises possess such liquor. The permit of any person, firm, partnership, or corporation violating this section, or employing an employee, or authorizing an agent who violates this section shall be suspended or revoked.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.15 | Violating Rules for Equitable Distribution.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 162 - 121st General Assembly
No person shall violate any rule issued by the superintendent of liquor control in pursuance of section 4301.14 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.16 | Accounting for Moneys Received From the Sale of Liquor.

Effective:
September 1, 2008
Latest Legislation:
Senate Bill 150 - 127th General Assembly
(A)(1) All moneys received from the sale of liquor at state liquor stores or otherwise, or arising in the administration of Chapters 4301. and 4303. of the Revised Code, other than from taxes, shall be paid to the division of liquor control subject to division (A)(2) of this section and shall be accounted for and paid over by the division to the treasurer of state as custodian, as provided by section 4301.12 of the Revised Code.
(2) The division may allow or require a state liquor agency to establish and maintain bank accounts, at the discretion of the division either under the name of the state of Ohio or the business account of the state liquor agency, for the deposit of moneys received from the sale of spirituous liquor. The moneys in a state liquor agency's bank accounts shall be transferred to the division at intervals determined by the division.
(B) Upon proof of accidental breakage or unintentional shortage of stock, which proof shall be subject to the final approval of the division, the division shall allow yearly credits to each state liquor store not to exceed one-fortieth of one per cent of each state liquor store's yearly gross sales, for the moneys required by this section to be paid by such state liquor store to the division.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.172 | Agency Store Hours of Sale.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 102 - 134th General Assembly
If an agency contract holder is authorized to make sales of spirituous liquor on Sunday, those sales may occur during the same hours that the contract holder is authorized to sell spirituous liquor on Monday through Saturday.
Last updated January 18, 2022 at 10:39 AM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.18 | Purchase, Manufacture, Blend, or Bottle Spirituous Liquor Division of Liquor Control.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 162 - 121st General Assembly
The division of liquor control may purchase spirituous liquor in barrels, casks, or other containers, and may establish plants for the manufacture of spirituous liquor or for the blending and bottling of such liquor. All spirituous liquors manufactured, blended, or bottled by the division shall be so labeled.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.19 | Sale of Spirituous Liquor by Division of Liquor Control.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The division of liquor control shall sell spirituous liquor only, whether from a warehouse or from a state liquor store or agency store. All sales shall be in sealed containers and for resale as authorized by this chapter and Chapter 4303. of the Revised Code or for consumption off the premises only. Except as otherwise provided in this section, sale of containers holding one-half pint or less of spirituous liquor by the division shall be made at retail only, and not for the purpose of resale by any purchaser, by special order placed with a state liquor store or agency store and subject to rules established by the superintendent of liquor control. The division may sell at wholesale spirituous liquor in fifty milliliter sealed containers to any holder of a permit issued under Chapter 4303. of the Revised Code that authorizes the sale of spirituous liquor for consumption on the premises where sold. A person appointed by the division to act as an agent for the sale of spirituous liquor pursuant to section 4301.17 of the Revised Code may provide and accept gift certificates and may accept credit cards and debit cards for the retail purchase of spirituous liquor. Deliveries shall be made in the manner the superintendent determines by rule.
Subject to division (A)(3) of section 4301.10 and division (A) of section 4301.14 of the Revised Code, if any person desires to purchase any variety or brand of spirituous liquor which is not in stock at the state liquor store or agency store where the variety or brand is ordered, the division shall immediately procure the variety or brand. The purchaser shall be immediately notified upon the arrival of the spirituous liquor at the store at which it was ordered. Unless the purchaser pays for the variety or brand and accepts delivery within five days after the giving of the notice, the division may place the spirituous liquor in stock for general sale.
Last updated September 1, 2023 at 11:18 AM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.23 | Sales of Sacramental Wine for Religious Rites.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 162 - 121st General Assembly
All sales of sacramental wine for religious rites shall be made only upon the written, signed, dated, and sworn application of the member of the clergy or official purchasing the same. Such application must have endorsed thereon the approval of the general administrative officer, if there is such an officer, of the religious group to which the purchasing member of the clergy or official belongs. The name, address, and official position of such administrative officer shall be certified to the division of liquor control in such manner as the liquor control commission by rule prescribes.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.241 | Sales Area or Territory for B-1 Permit Holder to Be Brand Distributor.

Effective:
October 11, 2002
Latest Legislation:
House Bill 371 - 124th General Assembly
Notwithstanding section 4303.06 of the Revised Code, each manufacturer and supplier of beer shall assign to each of the manufacturer's or supplier's B-1 distributors a sales area or territory within which each B-1 permit holder shall be the distributor of the brand or brands of the manufacturer or supplier, provided that, if the manufacturer or supplier manufactures or supplies more than one brand of beer, the manufacturer or supplier may assign sales areas or territories to additional B-1 distributors for the distribution and sale of the additional brand or brands, so long as not more than one distributor distributes the same brand or brands within the same sales area or territory. No B-1 distributor shall distribute a specific brand of beer in any area or territory other than the area or territory assigned to the distributor.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.242 | Manufacturers and Wholesale Distributors - Permitted Conduct.

Effective:
March 29, 2006
Latest Legislation:
House Bill 209 - 126th General Assembly
(A) Notwithstanding the restrictions placed on manufacturers, wholesale distributors, and holders of permits for sale at retail or wholesale in section 4301.24 of the Revised Code, a manufacturer or wholesale distributor may engage in the following conduct, provided that the conduct does not lead to control of a permit holder by another person:
(1) A manufacturer or wholesale distributor may accept from or provide to a manufacturer or wholesale distributor travel, lodging, food, and beverages.
(2) A manufacturer or wholesale distributor may provide to a retail permit holder or the permit holder's employees or agents food, beverages, and recreational activities under either of the following circumstances:
(a) Food and beverages are provided by the manufacturer or wholesale distributor or the manufacturer's or wholesale distributor's employees or agents during a business meeting with a retail permit holder or the permit holder's employees or agents.
(b) Recreational activities are enjoyed in the presence of the retail permit holder or the permit holder's employees or agents and the manufacturer or wholesale distributor or the manufacturer's or wholesale distributor's employees or agents who are paying for the recreational activities.
(B) As used in this section, "recreational activities" includes sporting events, concerts, theatrical performances, and other forms of entertainment.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.243 | Giving Things of Value in Connection With Purchase of Alcoholic Beverage.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Notwithstanding any other provision of this chapter or Chapter 4303. of the Revised Code, a manufacturer, supplier, or solicitor registered pursuant to section 4303.25 of the Revised Code, or an agent or employee of a manufacturer or supplier, excluding a distributor or retail permit holder, may give merchandise or another thing of value to a personal consumer in connection with the purchase of an alcoholic beverage if both of the following apply:
(1) The value of the merchandise or other thing of value does not meet or exceed the retail price of the alcoholic beverage purchased by the personal consumer;
(2) The merchandise or other thing of value is not made by or awarded through a distributor or retail permit holder.
(B) As used in this section, "personal consumer" means an individual who is at least twenty-one years of age, does not hold a permit issued under chapter 4303. of the Revised Code, and intends to use a purchased alcoholic beverage for personal consumption only and not for resale or other commercial purposes.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.244 | Beer Not Intoxicating Liquor.

Effective:
August 31, 2016
Latest Legislation:
House Bill 37 - 131st General Assembly
Beer, regardless of the per cent of alcohol b y volume, is not intoxicating liquor for purposes of the Revised Code or any rules adopted under it.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.245 | Use of Social Media for Advertising.

Effective:
June 8, 2022
Latest Legislation:
Senate Bill 9 - 134th General Assembly
(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) "On-premises brand promotion" means a promotion of a brand of beer or intoxicating liquor by a distributor, manufacturer, trade marketing professional, solicitor, or broker of that brand at a retail permit premises.
(3) "Product location communication" means a listing or program that allows an individual to determine the availability of a specific brand of beer or intoxicating liquor at retail permit holders or agency stores in a certain geographic area.
(4) "Social media" means a service, platform, or web site where users communicate with one another free of charge and share media such as pictures, videos, music, and blogs. "Social media" includes the web site of a distributor, manufacturer, trade marketing professional, solicitor, or broker.
(5) "Trade marketing professional" has the same meaning as in section 4301.171 of the Revised Code.
(B) Notwithstanding section 4301.24 of the Revised Code and except as provided in division (C) of this section, a distributor, manufacturer, trade marketing professional, solicitor, or broker may use free services provided by social media to advertise any of the following:
(1) An on-premises brand promotion;
(2) Beer, wine, or spirituous liquor tasting samples sold in accordance with this chapter or Chapter 4303. of the Revised Code;
(3) A product location communication.
(C) No distributor, manufacturer, trade marketing professional, solicitor, or broker shall use free services provided by social media to advertise to persons under twenty-one years of age.
Last updated March 23, 2022 at 9:41 AM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.246 | Gifts of Glassware.

Effective:
April 12, 2021
Latest Legislation:
House Bill 674 - 133rd General Assembly
(A) As used in this section:
(1) "Case" means twenty-four individual pieces of glassware.
(2) "Glassware" means a glass container to which all of the following apply:
(a) It has the brand name of a beer or the name of the manufacturer or supplier of the beer permanently affixed, embossed, or engraved on the container;
(b) It has the brand name of the beer or the name of the manufacturer or supplier of the beer prominently displayed on the container;
(c) It holds not more than twenty-four ounces of liquid.
(3) "Receipt" means a record, either in paper or digital format, that contains all of the following information:
(a) The name and address of the permit holder authorized to sell beer for on-premises consumption that receives glassware from a manufacturer or supplier;
(b) The name and address of the manufacturer or supplier that provides glassware to the permit holder;
(c) The name of the employee or agent of the permit holder that receives the glassware;
(d) The date that the glassware is provided to the permit holder;
(e) The amount, if any, that the manufacturer or supplier charged the permit holder for the glassware;
(f) The permit holder's permit number;
(g) A description and the amount of glassware provided to the permit holder;
(h) The amount that the manufacturer or supplier paid to have the glassware manufactured.
(B) Notwithstanding section 4301.24 of the Revised Code, a manufacturer or supplier may provide glassware intended for the serving of beer to a permit holder authorized to sell beer for on-premises consumption if the manufacturer or supplier provides a receipt to the permit holder. However, the manufacturer or supplier shall not annually provide more than four cases of such glassware to the permit holder.
(C) A permit holder authorized to sell for on-premises consumption may receive glassware intended for the serving of beer from a manufacturer or supplier.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.25 | Suspension or Revocation of Liquor Permit.

Effective:
August 17, 2006
Latest Legislation:
House Bill 23 - 126th General Assembly
(A) The liquor control commission may suspend or revoke any permit issued under this chapter or Chapter 4303. of the Revised Code for the violation of any of the applicable restrictions of either chapter or of any lawful rule of the commission, for other sufficient cause, and for the following causes:
(1) Conviction of the holder or the holder's agent or employee for violating division (B) of section 2907.39 of the Revised Code or a section of this chapter or Chapter 4303. of the Revised Code or for a felony;
(2) The entry of a judgment pursuant to division (D) or (E) of section 3767.05 of the Revised Code against a permit holder or the holder's agent or employee finding the existence of a nuisance at a liquor permit premises or finding the existence of a nuisance as a result of the operation of a liquor permit premises;
(3) Making any false material statement in an application for a permit;
(4) Assigning, transferring, or pledging a permit contrary to the rules of the commission;
(5) Selling or promising to sell beer or intoxicating liquor to a wholesale or retail dealer who is not the holder of a proper permit at the time of the sale or promise;
(6) Failure of the holder of a permit to pay an excise tax together with any penalties imposed by the law relating to that failure and for violation of any rule of the department of taxation in pursuance of the tax and penalties.
(B) The liquor control commission shall revoke a permit issued pursuant to this chapter or Chapter 4303. of the Revised Code upon the conviction of the holder of the permit of a violation of division (C)(1) of section 2913.46 of the Revised Code.
(C)(1) When the commission considers the length of a suspension of a permit, it may consider the volume of the business of the permit holder, so that the length of the suspension is in proportion to the seriousness of the offense and the permit holder's business in order that the suspension serve as a penalty and a deterrent. Evidence as to the volume of business of the permit holder may be offered by the permit holder or subpoenaed by the commission.
(2) When the commission considers the length of a proposed suspension of a permit and the proposed suspension results from an offense that was committed during a compliance check as defined in section 4301.635 of the Revised Code, the commission may consider whether trickery, deceit, or deception was used in the conduct of the compliance check.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.251 | Emergency Suspension of Retail Beer or Liquor Permits and Retail Sales of Spirituous Liquor.

Effective:
March 4, 1998
Latest Legislation:
House Bill 60 - 121st General Assembly
When so ordered by the governor, the director or, beginning on July 1, 1997, the superintendent of liquor control shall immediately and without a hearing suspend, for a period of not less than twenty-four hours nor more than seventy-two hours, any retail beer or liquor permit issued under Chapters 4301. and 4303. of the Revised Code and the retail sales of spirituous liquor by any state liquor store or agency for premises within any area where the director or superintendent designates that civil disorder, looting, or rioting exists.
Such order of emergency suspension shall contain an identifiable description of the area in which such retail permits and sales by stores and agencies are suspended and shall specify the calendar date and hour of the beginning and the calendar date and hour of the ending of such suspension period. A written copy of such order shall be served upon the owner, operator, manager, agent, bartender, or clerk of such beer or liquor permit premises, upon the manager or clerk of a state liquor store, or upon the agent, manager, or clerk of a state liquor agency by any law enforcement agency or officer designated by the director or superintendent.
The law enforcement officer, upon serving such emergency suspension order, shall forthwith fill in and sign a return of service form provided by the director or superintendent of liquor control, on which the officer shall write the name and address of the permit premises or the state liquor store or agency, the name and title of the person on whom such suspension order was served, and the day, hour, and address at which such service was made.
Upon receipt of such copy of the emergency suspension order by the owner, operator, manager, agent, bartender, or clerk of such retail beer or liquor permit premises or the state liquor store or agency, no beer, intoxicating liquor, or spirituous liquor shall be permitted to be consumed or sold at or upon such permit premises or the state liquor store or agency.
Upon completion of the return of service form, the law enforcement officer shall cause it to be transmitted immediately to the nearest district office of the department or, beginning on July 1, 1997, the division of liquor control, where it shall be filed, recorded, and reported forthwith by telephone or teletype to the central office of the department or division of liquor control.
Any subsequent order by the governor, to cancel or continue such order of emergency suspension or to diminish or expand the area of the last issued emergency suspension order, shall be processed and carried out in the same manner as that required for the issuance of the original order of emergency suspension.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.253 | Training Program.

Effective:
April 7, 2004
Latest Legislation:
Senate Bill 23 - 125th General Assembly
In considering whether to suspend or revoke a permit issued under Chapter 4303. of the Revised Code or to issue an order allowing a permit holder to elect to pay a forfeiture under section 4301.252 of the Revised Code, the liquor control commission shall consider whether the permit holder and the permit holder's employees have successfully completed a training program that includes all of the following:
(A) Instruction on the statutes and rules that govern the sale of beer, wine, mixed beverages, and intoxicating liquor;
(B) Instruction on the prevention of the illegal serving of beer, wine, mixed beverages, and intoxicating liquor to persons under twenty-one years of age;
(C) Use of conflict management skills in alcohol-related situations;
(D) Instruction on methods to safely evacuate the premises of a permit holder in an emergency.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.26 | No-Fault Cancellation of Permits.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The liquor control commission may cancel permits issued pursuant to Chapters 4301. and 4303. of the Revised Code in the event of death or bankruptcy of the holder, the making of an assignment for the benefit of the creditors of the holder, or the appointment of a receiver of the property of the holder, except as otherwise provided in the rules of the division of liquor control relative to the transfer of permits.
Last updated September 1, 2023 at 11:18 AM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.27 | Revoking or Cancelling Permits.

Effective:
July 1, 1997
Latest Legislation:
Senate Bill 162 - 121st General Assembly
The liquor control commission may revoke or cancel any permit on its own initiative or on complaint of the division of liquor control or of any person, after a hearing at which the holder shall be given an opportunity to be heard in such manner and upon such notice as prescribed by the rules of the commission.