4301-9-01 Wholesale purchases of beer, wine, and mixed beverages: requirements and prohibitions.

 

PUBLIC NOTICE

 

At 10:00 a.m. on July 9, 2003, the Ohio Department of Commerce, Division of Liquor Control will hold a public hearing regarding the Division's intent to rescind Ohio Administrative Rules 4301-5-01 and 4301-9-01, amend Ohio Administrative Rule 4301-3-01, and adopt Ohio Administrative Rules 4301-1-01, 4301-2-01, 4301-5-01, 4301-9-01, and 4301-9-02. The hearing will be held in Training Room #1 of the Department of Commerce's east location, at 6606 Tussing Road, Reynoldsburg, Ohio, 43068.

 

Copies of the proposed rescission, amendment, adoptions may be obtained by contacting the Ohio Division of Liquor Control at the above address or by calling the Division at [phone]. Copies of the proposed changes may also be obtained from the Register of Ohio located at www.registerofohio.state.oh.us. Each of the proposed rule changes is summarized below.

 

O.A.C. 4301-5-01, which established requirements for distilled spirits, is to be rescinded. Federal regulations already exist that establish requirements for distilled spirits, thereby negating the need for Ohio to have such regulations.

 

O.A.C. 4301-9-01, which established the public notice requirements for proposed rulemaking, is to be rescinded. The Creation of the Register of Ohio has negated the need for this rule.

 

O.A.C. 4301-3-01, which previously established requirements for spirituous liquor purchases by retail permit holders, and detailed the formulas used by the state in establishing spirituous liquor prices, is to be amended. While the above provisions have been retained, they have been clarified. Provisions relating to registered solicitors have been struck out, but are reenacted in one of the Divisions rules proposed for adoption. Finally, unnumbered paragraphs have been assigned letters or numbers, making the rule better organized and more user friendly.

 

O.A.C. 4301-1-01, which sets out definitions of the terms "broker," "solicitor," and "supplier" is proposed for adoption. These terms are used frequently in both the Ohio Revised Code and Ohio Administrative Code, but had not previously been defined.

 

O.A.C. 4301-2-01, which reenacts requirements struck from O.A.C. 4301-3-01 relating to registered solicitors, is proposed for adoption. The Division believes that creation of a rule dedicated solely to registered solicitors will better serve this regulated group.

 

O.A.C. 4301-5-01, which codifies the Division's procedure for determining the need for a new agency store and the criteria upon which applicants are evaluated, is proposed for adoption. Codification provides the Division with additional support for its longstanding policy in the event that a challenge is filed.

 

O.A.C. 4301-9-01, which codifies conditions under which electronic transfers of funds are permissible for wholesale purchases of beer, wine, and mixed beverage, is proposed for adoption. In light of the advances in electronic commerce, codification of guidelines was necessary.

 

O.A.C. 4301-9-02, which codifies conditions under which electronic data interchange is permissible for purposes of transferring information between persons engaged in the manufacture, distribution, and retail sale of

 

 

 

alcoholic beverages, is proposed for adoption.         Again, in light of the advances in electronic commerce, codification of guidelines was necessary.