As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 173


Senator Hughes 

Cosponsors: Senators Seitz, Uecker, Schiavoni 

A BILL
To amend section 4301.171 of the Revised Code to 1
modify the law governing the sale of spirituous 2
liquor tasting samples at an agency store.3


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 4301.171 of the Revised Code be 4
amended to read as follows:5

       Sec. 4301.171. (A) As used in this section:6

       (1) "Agency store" includes an area that is immediately 7
adjacent to an agency store if beer and other intoxicating liquor 8
are sold in the area and if the area and the agency store are 9
located on the same premises.10

       (2) "Broker" and "solicitor" have the same meanings as in 11
rules adopted by the superintendent of liquor control under 12
section 4303.25 of the Revised Code.13

       (2)(3) "Tasting sample" means a small amount of spirituous 14
liquor that is provided in a serving of not more than a quarter 15
ounce of spirituous liquor and, if provided, not more than one 16
ounce of nonalcoholic mixer to an authorized purchaser and that 17
allows the purchaser to determine, by tasting only, the quality 18
and character of the beverage.19

       (3)(4) "Trade marketing company" means a company that 20
solicits the purchase of beer and intoxicating liquor and educates 21
the public about beer and intoxicating liquor.22

       (4)(5) "Trade marketing professional" means an individual who 23
is an employee of, or is under contract with, a trade marketing 24
company and who has successfully completed a training program 25
described in section 4301.253 of the Revised Code.26

       (B) Notwithstanding section 4301.24 of the Revised Code, an 27
agency store to which a D-8 permit has been issued may allow a 28
trade marketing professional, broker, or solicitor to offer for 29
sale tasting samples of spirituous liquor when conducted in 30
accordance with this section. A tasting sample shall not be sold 31
for the purpose of general consumption. 32

       (C) Tasting samples of spirituous liquor may be offered for 33
sale at an agency store by a trade marketing professional, broker, 34
or solicitor if all of the following apply:35

       (1) The tasting samples are sold only in the area of the 36
agency store in which spirituous liquor is sold and that areathat37
is open to the public.38

       (2) The tasting samples are sold only by the trade marketing 39
professional, broker, or solicitor.40

       (3) The spirituous liquor is registered under division (A)(8) 41
of section 4301.10 of the Revised Code.42

       (4) Not less than fiveten business days prior to the sale, 43
the trade marketing professional, broker, or solicitor has 44
provided written notice to the division of liquor control of the 45
date and time of the sampling, and of the type and brand of 46
spirituous liquor to be sampled at the agency store.47

       (D) A sale of tasting samples of spirituous liquor is subject 48
to rules adopted by the superintendent of liquor control or the 49
liquor control commission.50

       (E) An offering for sale of tasting samples of spirituous 51
liquor shall be limited to a period of not more than two hours.52

       (F) For purposes of offering for sale tasting samples of 53
spirituous liquor, ana trade marketing professional, broker, or 54
solicitor shall purchase the spirituous liquor from the agency 55
store shall purchase the spirituous liquor at the current retail 56
price. An authorized purchaser shall be charged not less than 57
fifty cents for each tasting sample of spirituous liquor. However, 58
the aggregate amount charged for the sale of tasting samples shall 59
be sufficient to cover the wholesale price of the spirituous 60
liquor being tasted as that price is fixed under division (B)(4) 61
of section 4301.10 of the Revised Code. Of the amount collected 62
from the sale of tasting samples of spirituous liquor, the trade 63
marketing professional, broker, or solicitor shall reimburse the 64
agency store for the amount of the retail price of the spirituous 65
liquor. When the sale of tasting samples of spirituous liquor at 66
an agency store is completed, any bottles of spirituous liquor 67
used to provide tasting samples that are not empty shall be marked 68
as "sample" and removed from the agency store by the trade 69
marketing professional, broker, or solicitor, as applicable.70

       (G) No trade marketing professional, broker, or solicitor 71
shall do any of the following:72

       (1) Advertise the offering for sale of tasting samples of 73
spirituous liquor other than at the agency store where the tasting 74
samples will be offered;75

       (2) Solicit orders or make sales of tasting samples of 76
spirituous liquor for quantities greater than those specified in 77
division (G)(3) of this section;78

       (3) Allow any authorized purchaser to consume more than four 79
tasting samples of spirituous liquor per day.80

       (H) The purchase of a tasting sample of spirituous liquor 81
shall not be contingent upon the purchase of any other product 82
from an agency store.83

       (I) No employee of an agency store that allows the sale of 84
tasting samples of spirituous liquor shall purchase or consume a 85
tasting sample while on duty.86

       (J) If an employee of an agency store that allows the sale of 87
tasting samples of spirituous liquor consumes a tasting sample of 88
spirituous liquor, the employee shall not perform the employee's 89
duties and responsibilities at the agency store on the day the 90
tasting sample is consumed.91

       (K) No person under twenty-one years of age shall consume a 92
tasting sample of spirituous liquor.93

       (L) Not more than fivethree events at which the sale of 94
tasting samples of spirituous liquor are offered shall occur at an 95
agency store in a calendar monthweek provided that:96

       (1) Not more than two events shall occur in the same day; and97

       (2) There is not less than one hour between the end of one 98
event and the beginning of the next event.99

       (M) No trade marketing professional, trade marketing company, 100
broker, solicitor, owner or operator of an agency store, or an 101
agent or employee of the owner or operator shall violate this 102
section or any rules adopted by the superintendent or the 103
commission for the purposes of this section.104

       Section 2. That existing section 4301.171 of the Revised Code 105
is hereby repealed.106