Ohio Administrative Code › Title 4301 - Division of Liquor Control › Chapter 4301-3 - Purchases by Retail Permit Holders › Section 4301-3-01 - Purchases of spirituous liquor by permit holders

Current through all regulations passed and filed through July 1, 2024
(A) No permit holder authorized to sell
			 spirituous liquor within the state shall either directly or indirectly,
			 personally or through any agent, employee, or other person, purchase spirituous
			 liquor for resale from other than a state liquor store or state liquor agency
			 at wholesale, except pursuant to express written consent of the
			 division.
(B) Retail permit holders
			 may authorize agents to make purchases of spirituous liquor. Any person
			 authorized to purchase spirituous liquor at wholesale at a state liquor store
			 or state liquor agency may designate any individual of lawful age to act as
			 their agent in making such purchase, provided that the agent shall have no
			 connection with a manufacturer or registered solicitor of spirituous liquor.
			 The agent shall have the authority to fill out and sign the prescribed form or
			 purchase order for the spirituous liquor for and on behalf of the purchaser and
			 receive the spirituous liquor specified in the form or purchase order. The
			 agent shall be subject to the provisions of section
			 4301.69
			 of the Revised Code of Ohio.
(C)
			 The division will sell spirituous liquor at wholesale to all permit holders
			 authorized to sell spirituous liquor within the state pursuant to division
			 (B)(4) of section
			 4301.10
			 of the Revised Code. Permit holders must purchase spirituous liquor from the
			 division, or a person authorized to sell spirituous liquor to permit holders
			 pursuant to express written consent of the division, and make payment by cash,
			 certified check, check, money order, or electronic funds transfer (EFT), as
			 that term is defined in paragraph (A) of rule
			 4301-9-01
			 or the Administrative Code.
(D)
			 Wholesale and retail spirituous liquor prices.
(1) The base retail selling price per case of
			 spirituous liquor shall be computed as follows: The division shall add to the
			 manufacturer's or supplier's quoted total invoice cost per case, which is
			 delivered to and available for purchase at a bailment warehouse, a trucking
			 charge per case. The trucking charge per case is charged by the carrier under
			 contract with the division to transport these goods to state liquor stores or
			 state liquor agencies. The division will then increase that figure by a
			 percentage factor that represents the division's total operating costs as a per
			 cent of the division's gross liquor sales dollars. The division shall divide
			 this resulting figure by 0.7 to represent a retail accounting method markup of
			 30.0 per cent. To the new resulting figure, the division shall add a sum based
			 on bottle size and state liquor gallonage tax as required by section
			 4301.12
			 of the Revised Code. The division will increase the resulting figure by a 5.0
			 per cent surcharge to arrive at the base retail selling price per
			 case.
(2) The base retail selling
			 price per bottle of spirituous liquor shall be computed as follows: The
			 division shall divide the base retail selling price per case by the number of
			 bottles per case. The division will then round that figure upward to the next
			 higher whole cent. The resulting figure will be the base retail selling price
			 per bottle.
(3) The retail selling
			 price of spirituous liquor shall be computed as follows: The division shall add
			 state and local sales and excise taxes to the base retail selling price. The
			 resulting figure will be the retail selling price.