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Sub. S. B. No. 173 As Enrolled
(130th General Assembly)
(Substitute Senate Bill Number 173)
AN ACT
To amend sections 4301.171, 4303.184, 4303.208, and
4303.251 of the Revised Code to modify the law
governing tasting samples of beer and intoxicating
liquor and to allow an F-6 liquor permit to be
issued for the same location as an F-8 liquor
permit, provided that the two permits are not
exercised concurrently.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 4301.171, 4303.184, 4303.208, and
4303.251 of the Revised Code be amended to read as follows:
Sec. 4301.171. (A) As used in this section:
(1) "Broker" and "solicitor" have the same meanings as in
rules adopted by the superintendent of liquor control under
section 4303.25 of the Revised Code.
(2) "Tasting sample" means a small amount of spirituous
liquor that is provided in a serving of not more than a quarter
ounce of spirituous liquor and, if provided, not more than one
ounce of nonalcoholic mixer to an authorized purchaser and that
allows the purchaser to determine, by tasting only, the quality
and character of the beverage.
(3) "Trade marketing company" means a company that solicits
the purchase of beer and intoxicating liquor and educates the
public about beer and intoxicating liquor.
(4) "Trade marketing professional" means an individual who is
an employee of, or is under contract with, a trade marketing
company and who has successfully completed a training program
described in section 4301.253 of the Revised Code.
(B) Notwithstanding section 4301.24 of the Revised Code, an
agency store to which a D-8 permit has been issued may allow a
trade marketing professional, broker, or solicitor to offer for
sale tasting samples of spirituous liquor when conducted in
accordance with this section. A tasting sample shall not be sold
for the purpose of general consumption.
(C) Tasting samples of spirituous liquor may be offered for
sale at an agency store by a trade marketing professional, broker,
or solicitor if all of the following apply:
(1) The tasting samples are sold only in the area of the
agency store in which spirituous liquor is sold and that area is
open to the public.
(2) The tasting samples are sold only by the trade marketing
professional, broker, or solicitor.
(3) The spirituous liquor is registered under division (A)(8)
of section 4301.10 of the Revised Code.
(4) Not less than five ten business days prior to the sale,
the trade marketing professional, broker, or solicitor has
provided written notice to the division of liquor control of the
date and time of the sampling, and of the type and brand of
spirituous liquor to be sampled at the agency store.
(D) A sale of tasting samples of spirituous liquor is subject
to rules adopted by the superintendent of liquor control or the
liquor control commission.
(E) An offering for sale of tasting samples of spirituous
liquor shall be limited to a period of not more than two hours.
(F) For purposes of offering for sale tasting samples of
spirituous liquor, an a trade marketing professional, broker, or
solicitor shall purchase the spirituous liquor from the agency
store shall purchase the spirituous liquor at the current retail
price. An authorized purchaser shall be charged not less than
fifty cents for each tasting sample of spirituous liquor. However,
the aggregate amount charged for the sale of tasting samples shall
be sufficient to cover the wholesale price of the spirituous
liquor being tasted as that price is fixed under division (B)(4)
of section 4301.10 of the Revised Code. Of the amount collected
from the sale of tasting samples of spirituous liquor, the trade
marketing professional, broker, or solicitor shall reimburse the
agency store for the amount of the retail price of the spirituous
liquor. When the sale of tasting samples of spirituous liquor at
an agency store is completed, any bottles of spirituous liquor
used to provide tasting samples that are not empty shall be marked
as "sample" and removed from the agency store by the trade
marketing professional, broker, or solicitor, as applicable.
(G) No trade marketing professional, broker, or solicitor
shall do any of the following:
(1) Advertise the offering for sale of tasting samples of
spirituous liquor other than at the agency store where the tasting
samples will be offered;
(2) Solicit orders or make sales of tasting samples of
spirituous liquor for quantities greater than those specified in
division (G)(3) of this section;
(3) Allow any authorized purchaser to consume more than four
tasting samples of spirituous liquor per day.
(H) The purchase of a tasting sample of spirituous liquor
shall not be contingent upon the purchase of any other product
from an agency store.
(I) No employee of an agency store that allows the sale of
tasting samples of spirituous liquor shall purchase or consume a
tasting sample while on duty.
(J) If an employee of an agency store that allows the sale of
tasting samples of spirituous liquor consumes a tasting sample of
spirituous liquor, the employee shall not perform the employee's
duties and responsibilities at the agency store on the day the
tasting sample is consumed.
(K) No person under twenty-one years of age shall consume a
tasting sample of spirituous liquor.
(L) Not more than five ten events at which the sale of
tasting samples of spirituous liquor are offered shall occur at an
agency store in a calendar month provided that:
(1) Not more than two events shall occur in the same day; and
(2) There is not less than one hour between the end of one
event and the beginning of the next event.
(M) No trade marketing professional, trade marketing company,
broker, solicitor, owner or operator of an agency store, or an
agent or employee of the owner or operator shall violate this
section or any rules adopted by the superintendent or the
commission for the purposes of this section.
Sec. 4303.184. (A) Subject to division (B) of this section,
a D-8 permit may be issued to either of the following:
(1) An agency store;
(2) The holder of a C-1, C-2, or C-2x permit issued to a
retail store that has either any of the following characteristics:
(a) The store has at least five thousand five hundred square
feet of floor area, and it generates more than sixty per cent of
its sales in general merchandise items and food for consumption
off the premises where sold.
(b) The store is located in a municipal corporation or
township with a population of five thousand or less, has at least
four thousand five hundred square feet of floor area, and
generates more than sixty per cent of its sales in general
merchandise items and food for consumption off the premises where
sold.
(c) Wine constitutes at least sixty per cent of the value of
the store's inventory.
(B) A D-8 permit may be issued to the holder of a C-1, C-2,
or C-2x permit only if the premises of the permit holder are
located in a precinct, or at a particular location in a precinct,
in which the sale of beer, wine, or mixed beverages is permitted
for consumption off the premises where sold. Sales under a D-8
permit are not affected by whether sales for consumption on the
premises where sold are permitted in the precinct or at the
particular location where the D-8 premises are located.
(C)(1) The holder of a D-8 permit described in division
(A)(2) of this section may sell tasting samples of beer, wine, and
mixed beverages, but not spirituous liquor, at retail, for
consumption on the premises where sold in an amount not to exceed
two ounces or another amount designated by rule of the liquor
control commission. A tasting sample shall not be sold for general
consumption.
(2) The holder of a D-8 permit described in division (A)(1)
of this section may allow the sale of tasting samples of
spirituous liquor in accordance with section 4301.171 of the
Revised Code.
(3) No D-8 permit holder described in division (A)(2) of this
section shall allow any authorized purchaser to consume more than
four tasting samples of beer, wine, or mixed beverages, or any
combination of beer, wine, or mixed beverages, per day.
(D)(1) Notwithstanding sections 4303.11 and 4303.121 of the
Revised Code, the holder of a D-8 permit described in division
(A)(2) of this section may sell beer that is dispensed from
containers that have a capacity equal to or greater than five and
one-sixth gallons if all of the following conditions are met:
(a) A product registration fee for the beer has been paid as
required in division (A)(8)(b) of section 4301.10 of the Revised
Code.
(b) The beer is dispensed only in glass containers whose
capacity does not exceed one gallon and not for consumption on the
premises where sold.
(c) The containers are sealed, marked, and transported in
accordance with division (E) of section 4301.62 of the Revised
Code.
(d) The containers have been cleaned immediately before being
filled in accordance with rule 4301:1-1-28 of the Administrative
Code.
(2) Beer that is sold and dispensed under division (D)(1) of
this section is subject to both of the following:
(a) All applicable rules adopted by the liquor control
commission, including, but not limited to, rule 4301:1-1-27 and
rule 4301:1-1-72 of the Administrative Code;
(b) All applicable federal laws and regulations.
(E) The privileges authorized for the holder of a D-8 permit
described in division (A)(2) of this section may only be exercised
in conjunction with and during the hours of operation authorized
by a C-1, C-2, C-2x, or D-6 permit.
(F) A D-8 permit shall not be transferred to another
location.
(G) The fee for the D-8 permit is five hundred dollars.
Sec. 4303.208. (A)(1) The division of liquor control may
issue an F-8 permit to a not-for-profit organization that manages,
for the benefit of the public and by contract with a political
subdivision of this state, publicly owned property to sell beer or
intoxicating liquor by the individual drink at specific events
conducted on the publicly owned property and appurtenant streets,
but only if, and then only at times at which, the sale of beer and
intoxicating liquor on the premises is otherwise permitted by law.
Additionally, an F-8 permit may be issued only if the publicly
owned property is located in a county that has a population of
between seven hundred fifty thousand and nine hundred thousand on
July 10, 2007.
(2) The premises on which an F-8 permit will be used shall be
clearly defined and sufficiently restricted to allow proper
supervision of the permit's use by state and local law enforcement
officers. Sales under an F-8 permit shall be confined to the same
hours permitted to the holder of a D-3 permit.
(3) The fee for an F-8 permit is one thousand seven hundred
dollars. An F-8 permit is effective for a period not to exceed
nine months as specified in the permit. An F-8 permit is not
transferable or renewable. However, the holder of an F-8 permit
may apply for a new F-8 permit at any time. An F-8 permit is not
effective until any F-8 permit currently held expires. The holder
of an F-8 permit shall make sales only at those specific events
about which the permit holder has notified in advance the division
of liquor control, the department of public safety, and the chief,
sheriff, or other principal peace officer of the local law
enforcement agencies having jurisdiction over the premises.
(B)(1) An application for the issuance of an F-8 permit is
subject to the notice and hearing requirements established in
division (A) of section 4303.26 of the Revised Code.
(2) The liquor control commission shall adopt under Chapter
119. of the Revised Code rules necessary to administer this
section.
(C) No F-8 permit holder shall sell beer or intoxicating
liquor beyond the hours of sale allowed by the permit. This
division imposes strict liability on the holder of an F-8 permit
and on any officer, agent, or employee of that permit holder.
(D) Nothing in this section prohibits the division from
issuing an F-2 or F-6 permit for a specific event not conducted by
the holder of an F-8 permit provided that the holder of the F-8
permit certifies to the division that it will not exercise its
permit privileges during that specific event.
Sec. 4303.251. (A) A manufacturer, supplier, broker, or
wholesale distributor of beer or intoxicating liquor, or an agent,
solicitor, or salesperson who is registered under section 4303.25
of the Revised Code and who represents the manufacturer, supplier,
broker, or wholesale distributor of beer or intoxicating liquor,
may conduct consumer product instruction, or provide sample
servings of the manufacturer's, supplier's, broker's, or wholesale
distributor's products, on the premises of a retail permit holder
who is authorized to sell the products for on-premises
consumption, without the manufacturer, supplier, broker, wholesale
distributor, agent, solicitor, or salesperson having to be issued
a retail permit under this chapter. The person providing a sample
serving shall purchase the beer or intoxicating liquor at the
ordinary retail price from the retail permit holder whose premises
are involved. The liquor control commission shall adopt rules in
accordance with Chapter 119. of the Revised Code to implement this
section.
(B) A manufacturer, supplier, or broker of beer, wine, or
mixed beverages, or an agent, solicitor, or salesperson who is
registered under section 4303.25 of the Revised Code and who
represents the manufacturer, supplier, or broker of beer, wine, or
mixed beverages, may conduct consumer product instruction, or
provide sample servings of the manufacturer's, supplier's, or
broker's products on the premises of a retail permit holder who
holds a D-8 permit and who is authorized to sell the products for
off-premises consumption, without the manufacturer, supplier,
broker, agent, solicitor, or salesperson having to be issued a
retail permit under this chapter. The person providing a sample
serving shall purchase the beer, wine, or mixed beverages at the
ordinary retail price from the D-8 permit holder and shall limit
the amount and frequency of the sample servings to those
authorized pursuant to the D-8 permit. The liquor control
commission shall adopt rules in accordance with Chapter 119. of
the Revised Code to implement this section.
Division (B) of this section does not apply to a wholesale
distributor.
SECTION 2. That existing sections 4301.171, 4303.184,
4303.208, and 4303.251 of the Revised Code are hereby repealed.
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