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Sub. S. B. No. 173 As Passed by the SenateAs Passed by the Senate
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Seitz, Uecker, Schiavoni, Balderson, Coley, Eklund, Hite, Jordan, Kearney, Oelslager
A BILL
To amend sections 4301.171 and 4303.251 of the
Revised Code to modify the law governing tasting
samples of beer and intoxicating liquor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.171 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. 4303.251. (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 and 4303.251 of
the Revised Code are hereby repealed.
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