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S. B. No. 173 As IntroducedAs Introduced
|130th General Assembly
Senators Seitz, Uecker, Schiavoni
To amend section 4301.171 of the Revised Code to
modify the law governing the sale of spirituous
liquor tasting samples at an agency store.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4301.171 of the Revised Code be
amended to read as follows:
Sec. 4301.171. (A) As used in this section:
(1) "Agency store" includes an area that is immediately
adjacent to an agency store if beer and other intoxicating liquor
are sold in the area and if the area and the agency store are
located on the same premises.
(2) "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)(3) "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)(4) "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)(5) "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 that
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
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 three events at which the sale of
tasting samples of spirituous liquor are offered shall occur at an
agency store in a calendar month week 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.
Section 2. That existing section 4301.171 of the Revised Code
is hereby repealed.