Ohio Administrative Code › Title 4301:1 - Liquor Control Commission › Chapter 4301:1-1 - General Provisions › Section 4301:1-1-79 - Restrictions on warrantless administrative inspections

Current through all regulations passed and filed through July 1, 2024
This rule is being adopted in order to comply with the mandate
				of Amended Substitute House Bill 405 of the 118th General Assembly to limit the
				time, place, and scope of warrantless administrative inspections of all liquor
				permit premises, by authorized agents or employees of the division of liquor
				control, the department of public safety, or by any peace officer, as this term
				is defined in section
				2935.01
				of the Revised Code.
Warrantless administrative inspections may be conducted by
				authorized agents or employees of the division of liquor control, the
				department of public safety, or peace officers as defined in section
				2935.01
				of the Revised Code subject to the following limitations as to time, place, and
				scope:
(A) Inspections shall be
			 conducted for the limited purpose of determining compliance with the provisions
			 of the liquor control act and the rules of the liquor control commission or the
			 division of liquor control.
(B)
			 Inspections may be conducted only during those hours in which the permit holder
			 is open for business and only by authorized agents of the division of liquor
			 control, the department of public safety, or by any peace officer, as this term
			 is defined in section
			 2935.01
			 of the Revised Code. Inspections may be conducted at other times only if it
			 reasonably appears that all or part of the permit premises is in
			 operation.
(C) Inspections shall be
			 conducted on that portion of the premises that is included as part of the
			 licensed premises. The licensed premises shall be determined by the most
			 current sketch of the premises on file with the division of liquor control.
			 Additionally, the licensed premises shall include any part of that building or
			 any other building connected with the licensed premises by direct access or by
			 a common entrance and being used as a subterfuge or means of evading the
			 provisions of Title XLIII of the Revised Code, the rules of the commission, or
			 the division. The changing or alteration of what constitutes the licensed
			 premises shall be governed by the provisions of rule
			 4301-1-02
			 of the Administrative Code.
(D)
			 This provision for warrantless administrative inspections includes, but is not
			 limited to, the search and seizure of materials in locked closets, filing
			 cabinets, cellars, attics, storage rooms, desks, and safes located on the
			 licensed premises and electronic devices, such as,
			 DVRs, security cameras, and point of sale systems, so long as there is
			 reasonable suspicion that evidence of violation of the liquor control act, the
			 rules of the liquor control commission, or the rules of the division of liquor
			 control will be found therein. Such materials shall include books and records,
			 wherever they may be found on the premises. Nothing in this rule shall be
			 construed to contravene the plain view doctrine. In addition, any part of any
			 other building connected with the licensed premises by direct access or by a
			 common entrance and being used as a subterfuge or means of evading the
			 provisions of Title XLIII of the Revised Code, the rules of the commission, or
			 the rules of the division of liquor control will be subject to the same
			 inspection. It shall be within the discretion of the liquor control commission
			 or any court of competent jurisdiction to determine whether the right to
			 inspect was based on reasonable suspicion that evidence of violations of the
			 liquor control act, rules of the liquor control commission, or division of
			 liquor control would be found in said licensed premises.