reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.29 | Seizure of Beer, Intoxicating Liquor or Alcohol.

Effective:
July 1, 2007
Latest Legislation:
House Bill 241 - 126th General Assembly
(A) Whenever the department of public safety seizes beer or intoxicating liquor, the department shall destroy or distribute the beer or intoxicating liquor, in accordance with sections 2981.11 to 2981.13 of the Revised Code.
(B)(1) In case of any seizure of beer or intoxicating liquor under execution of any judgment rendered against the holder of a permit, in relation to the foreclosure of any lien on any beer or intoxicating liquor belonging to a holder of a permit, in relation to the insolvency or bankruptcy of a holder of a permit, or in any other case in which judicial process is employed to subject any beer or intoxicating liquor belonging to or in the possession of the holder of a permit to any claim, the person seizing the beer or intoxicating liquor or the person's designee may sell it, subject to division (B)(2) of this section, after obtaining the written consent of the division of liquor control. Proceeds from the sale of the beer or intoxicating liquor shall be paid in accordance with the applicable law and the orders of the court issuing the process.
(2) Beer or intoxicating liquor that is sold under division (B)(1) of this section shall not be sold to or purchased by the holder of a liquor permit, an applicant for a liquor permit, or any other business.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.31 | Jurisdiction - Immunity.

Effective:
June 30, 1999
Latest Legislation:
House Bill 163 - 123rd General Assembly
Except as provided in section 4301.28 of the Revised Code, no court, other than the court of common pleas of Franklin county, has jurisdiction of any action against the liquor control commission, enforcement agents of the department of public safety, the superintendent of liquor control, or the division of liquor control, to restrain the exercise of any power or to compel the performance of any duty under Chapters 4301. and 4303. of the Revised Code. Neither the division, the members of the commission, the enforcement agents, nor the superintendent is personally liable in any action at law for damages sustained by any person because of any acts done by the division, the commission, the enforcement agents, or the superintendent, or any employee of the division, in the performance of official duties and the administration of those chapters.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.32 | Local Option Privilege.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
The privilege of local option as to the sale of intoxicating liquors is hereby conferred upon the electors of an election precinct named by the petition authorized by section 4301.33 of the Revised Code.
Upon the request of an elector, a board of elections of a county that encompasses an election precinct shall furnish to the elector a copy of the instructions prepared by the secretary of state under division (P) of section 3501.05 of the Revised Code and, within fifteen days after the request, with a certificate indicating the number of valid signatures that will be required upon a petition to hold a special election in that precinct on a question specified in section 4301.35 or 4301.351 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.321 | Local Option Sale of Beer or Intoxicating Liquor by Class C or D Permit at Particular Premises.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
The electors of an election precinct may exercise the privilege of local option over the sale of beer or intoxicating liquor by the holder of a class C or D permit at a particular premises situated within the precinct if, within one year prior to the local option election, the permit premises was declared a nuisance, as defined in division (C) of section 3767.01 of the Revised Code and a judgment was entered pursuant to division (D) or (E) of section 3767.05 of the Revised Code in a civil action brought under section 3767.03 or 3767.04 of the Revised Code. The privilege conferred by this section is in addition to the privilege conferred on the electors of the precincts or districts specified in section 4301.32, 4301.322, 4301.323, or 4305.14 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.322 | Local Option Where Status of Portion of Precinct or Residence District Is Inconsistent With Remainder.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
The electors of an election precinct may exercise the privilege of local option under sections 4301.353 and 4301.354 of the Revised Code on the sale of beer, the sale of wine and mixed beverages, or the sale of spirituous liquor, on Sunday or on other days of the week, in a portion of the precinct in which the status of such sales as allowed or prohibited is inconsistent with the status of such sales in the remainder of the precinct because of a change in precinct boundaries by the board of elections or an annexation of territory to a municipal corporation. The privilege conferred by this section is in addition to the privilege conferred on the electors of an election precinct as specified in section 4301.32, 4301.321, 4303.29, or 4305.14 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.323 | Conditions for Exercising Privilege of Local Option at a Particular Location.

Effective:
May 7, 2004
Latest Legislation:
House Bill 262 - 125th General Assembly
The electors of an election precinct may exercise the privilege of local option on the sale of beer, wine and mixed beverages, or spirituous liquor at a particular location within the precinct if the petitioner for local option election is one of the following:
(A) An applicant for the issuance or transfer of a liquor permit at, or to, a particular location within the precinct;
(B) The holder of a liquor permit at a particular location within the precinct;
(C) A person who operates or seeks to operate a liquor agency store at a particular location within the precinct;
(D) The designated agent for an applicant, liquor permit holder, or liquor agency store described in division (A), (B), or (C) of this section.
The privilege conferred by this section is in addition to the privilege conferred on the electors of precincts under section 4301.32, 4301.321, 4301.322, or 4305.14 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.324 | Local Option - Community Facility.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
The electors of a municipal corporation or the unincorporated area of a township may exercise the privilege of local option on the sale of beer and any intoxicating liquor at a particular location within the municipal corporation or unincorporated area of the township if the use of the location is as a community facility. Only the electors of the municipal corporation or the unincorporated area of a township may exercise this election privilege even if the community facility is partially or wholly owned by the state of Ohio.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.34 | Petition Requirements.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
The petition provided for in section 4301.33, 4301.331, 4301.332, 4301.333, or 4301.334 of the Revised Code may consist of one or more separate petition papers and shall be governed by the rules set forth in section 3501.38 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.35 | Election and Form of Ballots on Four Question Election.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
If a petition is for submission of one or more of the questions specified under this section, a special election shall be held in the precinct at the time fixed as provided in section 4301.33 of the Revised Code. The expenses of holding the election shall be charged to the municipal corporation or township of which the precinct is a part.
At the election any one or more of the following questions, as designated in a valid petition, shall be submitted to the electors of the precinct:
(A) "Shall the sale of wine and mixed beverages by the package, under permits which authorize sale for off-premise consumption only, be permitted in _________________?"
(B) "Shall the sale of wine and mixed beverages, under permits which authorize sale for on-premise consumption only, and under permits which authorize sale for both on-premise and off-premise consumption, be permitted in _______?"
(C) "Shall the sale of spirituous liquors by the glass be permitted in __________________?"
(D) "Shall state liquor stores or liquor agency stores for the sale of spirituous liquor by the package, for consumption off the premises where sold, be permitted in ________________?"
The board of elections to which a petition is presented shall furnish printed ballots at the election in accordance with section 3505.06 of the Revised Code, and separate ballots shall be used for the special election. All the questions designated in a valid petition or overlapping petitions containing one or more questions to be set forth on the ballot shall be set forth on each ballot and the board shall insert in each question the name or an accurate description of the precinct in which the election is to be held. Votes shall be cast as provided in section 3505.06 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.352 | Election and Form of Ballots Concerning Particular Permit Premises.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
If a petition is filed under section 4301.331 of the Revised Code for the submission of the question set forth in this section, an election shall be held in the precinct as ordered by the board of elections under that section. The expense of holding the election shall be charged to the municipal corporation or township of which the precinct is a part. At that election the following question shall be submitted to the electors of the precinct:
"Shall the sale of beer and intoxicating liquor at____________________ (insert the address of the permit premises) ____________________, which was adjudged to be a nuisance to the public by (insert the name of the court, including the name of the political subdivision of the court, issuing such judgment) ____________ on (the date the judgment was issued by the court) ___________ be permitted in this precinct?"
The board of elections shall furnish printed ballots at the election described in this section as provided under section 3505.06 of the Revised Code, except that a separate ballot shall be used for this election. The question set forth in this section shall be printed on each ballot and the board shall insert in the question appropriate words to complete the question. Votes shall be cast as provided under section 3505.06 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.36 | Effect of Four Question Election.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
If a majority of the electors voting in a precinct vote "yes" on question (A), (B), or (C) as set forth in section 4301.35 of the Revised Code, the sales specified in such one or more of the questions on which a majority of the electors voting in such precinct voted "yes" shall be subject in the precinct only to Chapters 4301. and 4303. of the Revised Code.
If a majority of the electors voting in such precinct vote "no" on question (A), (B), or (C) set forth in section 4301.35 of the Revised Code, no C or D permit holder shall sell intoxicating liquor of the kind or in the manner specified in such one or more of the questions on which a majority of the electors voting in the precinct voted "no," within the precinct concerned, during the period such election is in effect as defined in section 4301.37 of the Revised Code.
If a majority of the electors voting in such precinct vote "no" on question (D) as set forth in section 4301.35 of the Revised Code, all state liquor stores in the precinct shall be forthwith closed and, during the period the vote is in effect, as defined in section 4301.37 of the Revised Code, no state liquor store shall be opened in that precinct.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.362 | Effect of Particular Permit Premises Election.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
If a majority of the electors voting on the question set forth in section 4301.352 of the Revised Code vote "yes," the sale of beer or intoxicating liquor by a class C or D permit holder at the specified premises shall only be subject to Chapters 4301. and 4303. of the Revised Code.
If a majority of the electors voting on the question set forth in section 4301.352 of the Revised Code vote "no," the board of elections shall notify the division of liquor control of the final result of the election by certified mail. When the division receives notice of the final result of the election, it shall cancel and pick up the permit holder's permit within seven days.
The results of a local option election that is held in a precinct pursuant to section 4301.352 of the Revised Code shall not affect the results of a local option election that is held in the same precinct under section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.363 | Effect of Election Where Status of Portion of Precinct or Residence District Is Inconsistent With Remainder - No Sunday Issues.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
(A) If a majority of the electors in a precinct vote "yes" on question (A) as set forth in section 4301.353 of the Revised Code, the sale of beer, or wine and mixed beverages, as specified in the question shall be permitted in the portion of the precinct affected by the results of the election for sale by the package under permits that authorize the sale for off-premises consumption only, subject only to Chapters 4301. and 4303. of the Revised Code.
(B) If a majority of the electors in a precinct vote "yes" on question (B) as set forth in section 4301.353 of the Revised Code, the sale of beer, wine and mixed beverages, or spirituous liquor as specified in the question shall be permitted in the portion of the precinct affected by the results of the election under permits that authorize the sale for on-premises consumption only, and under permits that authorize the sale for both on-premises and off-premises consumption, subject only to Chapters 4301. and 4303. of the Revised Code.
(C) If a majority of the electors in a precinct vote "no" on question (A) as set forth in section 4301.353 of the Revised Code, no sales of beer, or wine and mixed beverages, as specified in the question shall be permitted in the portion of the precinct affected by the results of the election.
(D) If a majority of the electors in a precinct vote "no" on question (B) as set forth in section 4301.353 of the Revised Code, no sales of beer, wine and mixed beverages, or spirituous liquor as specified in the question shall be permitted in the portion of the precinct affected by the results of the election.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.364 | Effect of Election Where Status of Portion of Precinct or Residence District Is Inconsistent With Remainder - Sunday Issues.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 102 - 134th General Assembly
(A) If a majority of the electors in a precinct vote "yes" on question (B)(1) as set forth in section 4301.354 of the Revised Code, the sale of intoxicating liquor, of the same types as may be legally sold in the precinct on other days of the week, shall be permitted on Sunday in the portion of the precinct affected by the results of the election during the hours specified in division (N) of section 4303.182 of the Revised Code and in the manner and under the conditions specified in the question, subject only to this chapter and Chapter 4303. of the Revised Code.
(B) If a majority of the electors in a precinct vote "yes" on question (B)(2) as set forth in section 4301.354 of the Revised Code, the sale of intoxicating liquor, of the same types as may be legally sold in the precinct on other days of the week, shall be permitted on Sunday in the portion of the precinct affected by the results of the election during the hours specified in division (N) of section 4303.182 of the Revised Code and in the manner and under the conditions specified in the question, subject only to this chapter and Chapter 4303. of the Revised Code.
(C) If a majority of the electors in a precinct vote "yes" on question (B)(3) as set forth in section 4301.354 of the Revised Code, the sale of wine and mixed beverages shall be permitted on Sunday in the portion of the precinct affected by the results of the election during the hours specified in division (N) of section 4303.182 of the Revised Code and in the manner and under the conditions specified in the question, subject only to this chapter and Chapter 4303. of the Revised Code.
(D) If a majority of the electors in a precinct vote "no" on question (B)(1) as set forth in section 4301.354 of the Revised Code, no sale of intoxicating liquor shall be permitted on Sunday in the manner and under the conditions specified in the question in the portion of the precinct affected by the results of the election.
(E) If a majority of the electors in a precinct vote "no" on question (B)(2) as set forth in section 4301.354 of the Revised Code, no sale of intoxicating liquor shall be permitted on Sunday in the manner and under the conditions specified in the question in the portion of the precinct affected by the results of the election.
(F) If a majority of the electors in a precinct vote "no" on question (B)(3) as set forth in section 4301.354 of the Revised Code, no sale of wine or mixed beverages shall be permitted on Sunday in the manner and under the conditions specified in the question in the portion of the precinct affected by the results of the election.
Last updated January 13, 2022 at 12:06 PM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.366 | Effect of Election Concerning Community Facility.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 102 - 134th General Assembly
If a majority of the electors voting on the question specified in section 4301.356 of the Revised Code vote "yes," the sale of beer and intoxicating liquor shall be allowed at the community facility on all days of the week, including Sunday, for the use specified in the question, subject only to this chapter and Chapter 4303. of the Revised Code. Failure to continue to use the location as a community facility constitutes good cause for rejection of the renewal of the liquor permit under division (A) of section 4303.271 of the Revised Code.
If a majority of the electors voting on the question specified in section 4301.356 of the Revised Code vote "no," no sales of beer or intoxicating liquor shall be made at or within the community facility during the period the election is in effect as defined in section 4301.37 of the Revised Code.
Last updated January 13, 2022 at 12:07 PM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.391 | Operation Inconsistent With Results of Local Option Election.

Effective:
June 4, 1968
Latest Legislation:
House Bill 815 - 107th General Assembly
No permit premises shall remain in operation inconsistent with the results of a local option election after the thirty day period set forth in section 4301.39 of the Revised Code and no court other than in a recount or election contest shall suspend or hold in abeyance any restriction or cancellation brought about by a local option election pursuant to sections 4301.32 to 4301.41, inclusive, and 4305.14 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.40 | Local Option Elections Not to Affect or Prohibit Certain Permits.

Effective:
September 29, 2015
Latest Legislation:
House Bill 141 - 131st General Assembly
(A) No local option election held pursuant to sections 4301.32 to 4301.39 of the Revised Code shall affect or prohibit the following:
(1) The transportation, possession, or consumption of intoxicating liquors within the precinct in which the election is held, or sales in the precinct under B-3, E, or G permits;
(2) The sale of intoxicating liquors, at a permit premises located at any publicly owned airport, as defined in section 4563.01 of the Revised Code, at which commercial airline companies operate regularly scheduled flights on which space is available to the public, provided the permit holder operates pursuant to the authority of a liquor permit issued pursuant to Chapter 4303. of the Revised Code.
(B)(1) As used in this division:
(a) "Ohio history connection area" means the Ohio Historical Center and Ohio village, both located contiguous to the State fairgrounds.
(b) "State fairgrounds" means the property that is held by the state for the purpose of conducting fairs, expositions, and exhibits and all other contiguous property that is owned, maintained, or managed by the Ohio expositions commission under section 991.03 of the Revised Code.
(2) No local option election held under sections 4301.32 to 4301.41 and 4305.14 of the Revised Code, or held under the provisions for local option elections and the election on the question of the repeal of Section 9 of Article XV, Ohio Constitution, in section 4303.29 of the Revised Code, whether held before, on, or after April 9, 2001, prohibits or otherwise affects the sale of beer or intoxicating liquor in or at the Ohio history connection area or the state fairgrounds under a permit issued under Chapter 4303. of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.401 | Permits Issued in Premises Located in Annexed Territory Valid.

Effective:
March 30, 1999
Latest Legislation:
House Bill 402 - 122nd General Assembly
(A) Notwithstanding sections 4301.32 to 4301.391 and 4305.14 of the Revised Code, and the provisions for local option elections and the election on the question of repeal of Section 9 of Article XV, Ohio Constitution, in section 4303.29 of the Revised Code, all C and D permits issued prior to December 4, 1968, by the division of liquor control with respect to premises located in territory annexed prior to December 4, 1968, to any township or municipal corporation in which the sale of beer or intoxicating liquor is allowed under C or D permits, and outstanding on that date or renewable as of that date under section 4303.271 of the Revised Code shall be considered as valid and lawfully issued, and to entitle the holder to the privileges thereof, unless such permit has been finally revoked under Chapter 4301. of the Revised Code, and shall be renewed by the division subject to section 4303.271 of the Revised Code, except that this section does not apply to a local option election held after November 17, 1969.
(B) Notwithstanding sections 4301.32 to 4301.391 and 4305.14 of the Revised Code, and the provisions for local option elections and the election on the question of repeal of Section 9 of Article XV, Ohio Constitution, in section 4303.29 of the Revised Code, the division may issue any C or D permit to a qualified applicant for a permit premises located in an area which was formerly a part of the uninhabited, unincorporated area of a township in which the sale of beer or intoxicating liquor under that C or D liquor permit is prohibited but which is currently a part of a precinct in a municipal corporation in which the sale of beer or intoxicating liquor under that C or D permit is allowed.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.402 | Golf Course, Hotel, Motel, or Lodge Owned by State, Conservancy District, Park District or Political Subdivision Not Affected.

Effective:
October 11, 2002
Latest Legislation:
House Bill 371 - 124th General Assembly
Sections 4301.32 to 4301.391, 4301.41, and 4305.14 of the Revised Code and the provisions for local option elections and the election on the question of the repeal of Section 9 of Article XV, Ohio Constitution, in section 4303.29 of the Revised Code do not affect or prohibit the sale of beer or intoxicating liquor at a golf course or at a hotel, motel, or lodge required to be licensed under section 3731.03 of the Revised Code that contains at least fifty rooms for registered transient guests if the golf course, hotel, motel, or lodge is owned by the state or a conservancy district, park district created under Chapter 1545. of the Revised Code, or other political subdivision of the state and the permit holder for the golf course, hotel, motel, or lodge operates under the authority of a liquor permit issued under Chapter 4303. of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.403 | u.s. Christopher Columbus Quincentenary Jubilee Commission Exhibition Premises Exemptions.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 102 - 134th General Assembly
(A) As used in this section, "exhibition premises" means a premises at the site where an exhibition sanctioned by the U.S. Christopher Columbus quincentenary jubilee commission is being or has been held, if the exhibition is or was sponsored by an organization that also is sponsoring or has sponsored an exhibition sanctioned by the international association of horticulture producers.
(B) Sections 4301.32 to 4301.391 and 4305.14 of the Revised Code and the provisions for local option elections and the election on the question of the repeal of Section 9 of Article XV, Ohio Constitution, in section 4303.29 of the Revised Code do not affect or prohibit the sale of beer or intoxicating liquor at an exhibition premises if the permit holder for the premises operates pursuant to the authority of a D liquor permit issued pursuant to Chapter 4303. of the Revised Code.
Permit D-6 shall be issued to the holder of any D permit that authorizes the sale of intoxicating liquor and that is issued for an exhibition premises to allow the sale of intoxicating liquor under the permit at the premises during the hours on Sunday specified in division (N) of section 4303.182 of the Revised Code, whether or not such sale has been authorized in an election held under section 4301.351 of the Revised Code. Notwithstanding section 4301.351 of the Revised Code, the holder of a D permit issued for an exhibition premises may sell beer on Sunday whether or not the sale of intoxicating liquor has been authorized in an election held under that section.
(C) Nothing in section 4303.29 of the Revised Code shall be construed to restrict the issuance of a D permit for an exhibition premises. An application for a D permit for an exhibition premises is exempt from the population quota restrictions contained in section 4303.29 of the Revised Code and from the population quota restrictions contained in any rule of the liquor control commission. The location of a D permit issued for an exhibition premises shall not be transferred. An applicant applying for a D-1, D-2, D-3, D-4, or D-5 permit for an exhibition premises is not subject to section 4303.31 of the Revised Code.
Last updated January 13, 2022 at 12:08 PM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.404 | Center for Preservation of Wild Animals Exemptions.

Effective:
March 23, 2022
Latest Legislation:
Senate Bill 102 - 134th General Assembly
(A) As used in this section, "center for the preservation of wild animals" means a conservation center located on not less than five thousand acres of land that provides scientific, educational, and recreational resources to advance the conservation of animal populations and habitats.
(B) Sections 4301.32 to 4301.391 and 4305.14 of the Revised Code and the provisions for local option elections and the election on the repeal of Ohio Constitution, Article XV, Section 9 in section 4303.29 of the Revised Code do not affect or prohibit the sale of beer or intoxicating liquor at a center for the preservation of wild animals if any permit holder for the premises operates pursuant to the authority of a D liquor permit issued pursuant to Chapter 4303. of the Revised Code.
(C) Permit D-6 shall be issued to the holder of any D permit that authorizes the sale of intoxicating liquor and that is issued for a center for the preservation of wild animals to allow the sale of intoxicating liquor under the permit at the premises during the hours on Sunday specified in division (N) of section 4303.182 of the Revised Code, whether or not such sale has been authorized in an election held under section 4301.351 of the Revised Code. Notwithstanding section 4301.351 of the Revised Code, the holder of a D permit issued for a center for the preservation of wild animals may sell beer on Sunday whether or not the sale of intoxicating liquor has been authorized in an election held under that section.
Last updated January 13, 2022 at 12:09 PM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.41 | Refund of Permit Fee Upon Cancellation.

Effective:
July 23, 2004
Latest Legislation:
House Bill 306 - 125th General Assembly
When the superintendent of liquor control considers it advisable to cancel the unexpired portion of a permit in order that the permit may be issued on a uniform expiration date designated by the superintendent, the division of liquor control may credit the unexpired portion of permit fees outstanding or collect any additional amounts due resulting from the uniform expiration date so fixed. Notice of a change of expiration date and of a credit or additional amounts to be paid shall be given by the division to the holder of the permit at least thirty days prior to the due date.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.42 | Tax on Sale of Beer in Sealed Bottles and Cans.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
For the purpose of providing revenue for the support of the state, a tax is hereby levied on the sale of beer in sealed bottles and cans having twelve ounces or less of liquid content, at the rate of fourteen one-hundredths of one cent on each ounce of liquid content or fractional part of each ounce of liquid content, and on such containers in excess of twelve ounces, at the rate of eighty-four one-hundredths of one cent on each six ounces of liquid content or fractional part of each six ounces of liquid content. Sections 4307.01 to 4307.12 of the Revised Code apply in the administration of that tax. Manufacturers, bottlers, and canners of beer, wholesale dealers in beer, and S-1 permit holders have the duty to pay the tax imposed by this section and are entitled to the privileges in the manner provided in section 4303.33 of the Revised Code.
Last updated August 24, 2021 at 2:15 PM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.423 | Crediting and Distribution of Tax Receipts.

Effective:
July 19, 1995
Latest Legislation:
Senate Bill 188 - 121st General Assembly
The treasurer of state shall credit all moneys arising from each county's taxes levied under section 4301.421 or 4301.424 of the Revised Code as follows:
(A) To the tax refund fund created by section 5703.052 of the Revised Code, amounts equal to the refunds from each tax as certified by the tax commissioner pursuant to section 4307.05 of the Revised Code;
(B) Following the crediting of amounts pursuant to division (A) of this section:
(1) To the permissive tax distribution fund, which is hereby created in the state treasury, an amount equal to ninety-eight per cent of the remainder collected;
(2) To the local excise tax administration fund created by division (B)(2) of section 5743.024 of the Revised Code, an amount equal to two per cent of such remainder, for use by the tax commissioner in defraying costs the commissioner incurs in administering the tax.
On or before the second working day of each month, the treasurer of state shall certify to the tax commissioner the amount of taxes levied in each county under section 4301.421 of the Revised Code and paid to the treasurer of state during the preceding month.
On or before the tenth day of each month, the tax commissioner shall distribute the amount credited to the permissive tax distribution fund from such taxes during the preceding month by providing for payment in the appropriate amount to the county treasurer of each county in which the tax is levied, who shall credit the payment to the fund or account designated by the board of county commissioners or the board of directors of a convention facilities authority levying the tax.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.432 | Tax on Sale and Distribution of Vermouth, Sparkling and Carbonated Wine and Champagne, and Other Wine.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
For the purpose of encouraging the grape industries of the state, a tax is hereby levied on the sale or distribution of vermouth, sparkling and carbonated wine and champagne, and other wine, except for known sacramental purposes, at the rate of two cents per wine gallon, the tax to be paid by the holders of A-2, A-2f, B-2a, B-5, S-1, and S-2 permits or by any other person selling or distributing wine upon which no such tax has been paid. The treasurer of state shall credit to the Ohio grape industries fund created under section 924.54 of the Revised Code the moneys the treasurer of state receives from this tax.
Last updated August 24, 2021 at 2:16 PM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.433 | Out-of State Wine Bottlers to Furnish Invoices.

Effective:
October 11, 2002
Latest Legislation:
House Bill 371 - 124th General Assembly
In order to assist with the collection of the tax levied under section 4301.43 of the Revised Code, a supplier of wine that is bottled outside this state and that is shipped into and intended for sale within this state shall furnish to the tax commissioner two copies of the invoice for each shipment of that wine into this state. The supplier may furnish the invoice information electronically in a format prescribed by the tax commissioner. All such invoices and invoice information shall be open to public inspection during regular business hours.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.44 | Administration of Alcoholic Beverage Taxes.

Effective:
November 24, 1995
Latest Legislation:
House Bill 239 - 121st General Assembly
The tax commissioner shall exercise with respect to the administration of the tax imposed by sections 4301.43 and 4301.432 of the Revised Code all the powers and duties vested in or imposed upon him by sections 4307.04 to 4307.07 of the Revised Code. Manufacturers and bottlers of and wholesale dealers in wine have the duty to pay the tax imposed by sections 4301.43 and, if applicable, 4301.432 of the Revised Code and are entitled to the privileges in the manner provided in section 4301.33 of the Revised Code.
Last updated September 28, 2023 at 12:22 PM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.441 | Disclosure of Information Provided by Department of Taxation.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Any information provided to a state agency by the department of taxation in accordance with section 5703.21 of the Revised Code for the purpose of verifying a permit holder's gallonage or noncompliance with taxes levied under this chapter or Chapter 4305. of the Revised Code shall not be disclosed publicly by that agency, except for purposes of enforcement, to deny the renewal of a liquor permit, or to report such information to the alcohol and tobacco tax and trade bureau in the United States department of the treasury.
Last updated September 1, 2023 at 11:19 AM
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.46 | Credit of Moneys Received.

Effective:
November 15, 1981
Latest Legislation:
House Bill 694 - 114th General Assembly
Except as otherwise provided by law, moneys received into the state treasury from the taxes levied, penalties assessed, and sums recovered under Chapters 4301. and 4303. of the Revised Code shall be credited to the general revenue fund.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.47 | Record Retention.

Effective:
September 28, 2016
Latest Legislation:
House Bill 342 - 131st General Assembly
Every class A-1, A-1c, A-2, A-2f, and A-4 permit holder and each class B or S permit holder shall maintain and keep for a period of three years a record of the beer, wine, and mixed beverages purchased, distributed, or sold within this state by the permit holder, together with invoices, records, receipts, bills of lading, and other pertinent papers required by the tax commissioner and, upon demand by the tax commissioner, shall produce these records for a three-year period prior to the demand unless upon satisfactory proof it is shown that the nonproduction is due to causes beyond the permit holder's control.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.48 | False Entries on Invoices or Containers Prohibited.

Effective:
March 20, 1990
Latest Legislation:
Senate Bill 188 - 118th General Assembly
No person shall make any false entry upon an invoice or upon a container of beer, wine, or mixed beverages required to be made under this chapter and Chapters 4303. and 4307. of the Revised Code, or present any such false entry for the inspection of the tax commissioner.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.49 | Prevention or Hindrance of Inspection.

Effective:
July 19, 1995
Latest Legislation:
Senate Bill 188 - 121st General Assembly
No person shall prevent or hinder the tax commissioner from making a full inspection of any place where beer, wine, or mixed beverages subject to the tax imposed by section 4301.42, 4301.421, 4301.424, or 4301.43 of the Revised Code is manufactured, sold, or stored. No person shall prevent or hinder the full inspection of invoices, books, records, or papers required to be kept under this chapter and Chapters 4305. and 4307. of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.50 | Distribution or Sale of Beverages Without Tax Prohibited.

Effective:
July 19, 1995
Latest Legislation:
Senate Bill 188 - 121st General Assembly
No person, firm, or corporation or his or its employee or agent shall distribute or sell any beverage upon which the tax provided for by sections 4301.42, 4301.421, 4301.424, 4301.43, 4301.432, and 4305.01 of the Revised Code has not been paid. Any person, firm, or corporation or his or its employee or agent who violates this section or any rule of the tax commissioner shall be subject to all penalties provided in division (A) of section 4307.99 of the Revised Code.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.52 | Seizure of Wine, Mixed Beverage, or Beer Upon Which Tax Has Not Been Paid.

Effective:
March 20, 1990
Latest Legislation:
Senate Bill 188 - 118th General Assembly
Whenever the tax commissioner or any of his deputies or employees authorized by him for such purpose discover any wine, mixed beverage, or beer, subject to tax under this chapter or Chapter 4303. or 4305. of the Revised Code, and upon which the tax has not been paid, the commissioner or such deputy or employee may forthwith seize such wine, mixed beverage, or beer, which is thereby forfeited to the state. The commissioner may within a reasonable time thereafter by a notice posted upon the premises where such seizure is made, or by publication in some newspaper having circulation in the county wherein such seizure is made, at least five days before the date of sale, sell such forfeited wine, mixed beverage, or beer, and from the proceeds of such sale shall collect the tax due together with a forfeiture of fifty per cent thereof and the costs incurred in such proceedings and pay the balance to the person in whose possession such forfeited wine, mixed beverage, or beer was found, provided that such seizure and sale shall not relieve any person from fine or imprisonment provided for violation of this chapter and Chapters 4303. and 4305. of the Revised Code. Such sale shall be made in the county where most convenient and economical. All moneys collected under this section shall be paid into the state treasury to the credit of the general revenue fund.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.53 | Search Warrants - Seizure of Property.

Effective:
July 1, 2007
Latest Legislation:
House Bill 241 - 126th General Assembly
The judge of a court of record may issue warrants to search a house, building, place, vehicle, watercraft, aircraft, or conveyance for beer, alcohol, or intoxicating liquor manufactured, possessed, stored, concealed, sold, furnished, given away, or transported in violation of Chapters 4301. and 4303. of the Revised Code, and the containers in which the same is found, or machinery, tools, implements, equipment, supplies, and materials used or kept for use in manufacturing beer or intoxicating liquor in violation of those chapters, and to seize any of that property and things found in it, together with the vehicle, watercraft, aircraft, or conveyance in which the same is found. The issuance of those warrants is subject in all respects to sections 2933.22 to 2933.27 of the Revised Code; except that any such vehicle, watercraft, aircraft, or other conveyance shall be returned to its owner upon execution by the owner of a bond with surety to the satisfaction of the enforcement agent of the department of public safety or other law enforcement officer making the seizure in an equal amount to its value, conditioned upon its return to the custody of such agent or officer on the day of trial to abide by the judgment of the court. Upon conviction of any violation of Chapters 4301. and 4303. of the Revised Code, any property found in the possession of the person convicted or the person's agent or employee shall be disposed of as provided in section 4301.45 of the Revised Code. If the accused is discharged by the judge or magistrate, such vehicle, watercraft, aircraft, or other conveyance shall be returned to its owner, and any bond given pursuant to this section shall be canceled. If the accused is the holder of a permit issued under Chapters 4301. and 4303. of the Revised Code, any beer, intoxicating liquor, or alcohol seized shall be disposed of as provided in section 4301.29 of the Revised Code, and any other property seized shall be returned to its owner by the officer having the custody or possession of such property. If the accused is not the holder of such a permit in force at the time, any beer, intoxicating liquor, or alcohol that was not illegally manufactured shall be forfeited to the state and shall forthwith be disposed of under sections 2981.11 to 2981.13 of the Revised Code. Illegally manufactured beer, intoxicating liquor, or alcohol, and other property, except as provided in this section, shall be destroyed, and any such beer, intoxicating liquor, or alcohol, or other property is hereby declared to be a public nuisance.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.54 | Retaliatory Tax on Liquor Products Sold In, Delivered, or Shipped Into Ohio.

Effective:
October 11, 2002
Latest Legislation:
House Bill 371 - 124th General Assembly
If the laws of another state, territory, or nation, or the rules and regulations of an administrative body in another state, territory, or nation, provide for the levy and collection of taxes, fees, and charges upon the products of Ohio manufacturers of wine or manufacturers or brewers of beer when those products are sold in, delivered, or shipped into the other state, territory, or nation, in excess of the taxes, fees, and charges levied and collected on the products of manufacturers or brewers of those states, territories, or nations, whether those taxes, fees, and charges are in the nature of an excise, sales, or import tax, or by whatever name designated, the tax commissioner shall levy and collect additional taxes, fees, and charges on the products of manufacturers of wine or manufacturers and brewers of beer of that other state, territory, or nation when sold in, delivered, or shipped into this state.
The additional taxes, fees, and charges shall be in excess of those provided for in other sections of this chapter or Chapters 4303. and 4307. and section 4305.13 of the Revised Code, in the same proportion or in the same amount as taxes, fees, and charges levied and collected in the other state, territory, or nation upon the products of Ohio manufacturers of wine or manufacturers or brewers of beer are in excess of those levied and collected on the products of manufacturers and brewers of the other state, territory, or nation.
If the laws of another state, territory, or nation, or the rules and regulations of an administrative body in another state, territory, or nation, provide for the levy and collection of taxes, fees, or charges against Ohio manufacturers of wine or manufacturers or brewers of beer for the privilege of doing business in that state, territory, or nation, like amounts shall be levied and collected on manufacturers or brewers of that state, territory, or nation for the privilege of doing business in this state.
2023 Ohio Revised Code › Title 43 | Liquor › Chapter 4301 | Liquor Control Law › Section 4301.55 | Retaliatory Tax on Liquor Products Transported, Manufactured or Warehoused in Ohio.

Effective:
October 11, 2002
Latest Legislation:
House Bill 371 - 124th General Assembly
If the laws of another state, territory, or nation, or the rules and regulations of any administrative body in another state, territory, or nation, authorize or impose any tax, fee, or charge upon the right to transport or import into that state, territory, or nation any beer or wine manufactured in this state; or authorize or impose any different warehousing requirements or higher warehousing or inspection fees upon any beer or wine manufactured in this state and imported into or sold in that state, territory, or nation than are imposed upon beer and wine manufactured in that state, territory, or nation; or impose any higher fee for the privilege of selling or handling beer or wine manufactured in this state than is imposed for the privilege of handling or selling the same kind of beverages manufactured within that state, territory, or nation or any other state, territory, or nation, the tax commissioner shall levy and collect similar taxes, fees, and charges from licensees or persons selling in this state beer and wine manufactured in that other state, territory, or nation. The taxes, fees, and charges shall be in addition to the taxes, fees, and charges assessed and collected by the commissioner under section 4301.54 of the Revised Code.