Ohio Administrative Code › Title 4301:1 - Liquor Control Commission › Chapter 4301:1-1 - General Provisions › Section 4301:1-1-46 - Miscellaneous restrictions

Current through all regulations passed and filed through July 1, 2024
(A) No beer or intoxicating liquor shall be
			 sold or served to occupants of automobiles, for consumption therein, and no
			 "curb service" shall be furnished by any permit holder.
(B) No retail permit holder shall sell any
			 alcoholic beverages to other permit holders or any other persons for the
			 purpose of resale. No retail permit holder shall loan, exchange, transfer,
			 allocate, or deliver any alcoholic beverages to another permit holder or to
			 another permit premises. A retail permit holder may transfer alcoholic
			 beverages from a permit premises where the permit is not renewed, the right to
			 sell alcoholic beverages has been cancelled in any manner by law, or the
			 operations have ceased permanently, to another permit premises for which that
			 retail permit holder holds the permit, or to another permit premises for which
			 the retail permit holder receiving the alcoholic beverages has, in the opinion
			 of the superintendent, substantially the same principals as the retail permit
			 holder transferring the alcoholic beverages, but only upon receiving written
			 consent from the division of liquor control. The retail permit holder
			 requesting to transfer the product shall provide a written request for consent
			 to the division, which shall include proof that the retail permit holder
			 offered the wholesale distributor the alcoholic beverages and that the
			 wholesale distributor declined to repurchase the alcoholic beverages, and proof
			 of ownership of the inventory.
(C)
			 No deliveries of beer, or wine and mixed beverages to retail permit holders
			 shall be made by anyone who is not a bona fide employee of the B-1, B-2, B-4,
			 B-5, A-1, A-2, or A-4 permit holder making the sale, except such deliveries may
			 be made as provided by section
			 4301.60 of the Revised
			 Code.
(D) No alcoholic beverage
			 shall be given away with the purchase of merchandise or any thing of value. An
			 alcoholic beverage may be packaged with a nonalcoholic item without increasing
			 the price of the alcoholic beverage.
(E)
(1) A
			 retail permit holder shall not be prohibited by this rule, rule
			 4301:1-1-45
			 of the Administrative Code, or any other rule of the liquor control commission
			 from conducting a program to prevent alcoholic beverage sales to underage
			 individuals. Under the program, the retail permit holder may give the consumer
			 an item that is not an alcoholic beverage, which costs less than three dollars,
			 for failure on the part of the retail permit holder, their employee, or agent,
			 to require the presentation of identification prior to the consumer's purchase
			 of an alcoholic beverage.
(2) The
			 retail permit holder shall conduct this program only for the purpose of
			 requiring the presentation of an operator's license, chauffeur's license, or an
			 identification card, issued pursuant to sections
			 4507.50 to
			 4507.52 of the Revised Code,
			 showing that the consumer is of legal age to purchase alcoholic beverages.