4301:1-1-46 Miscellaneous restrictions.

 

 

 

4301:1-1-46                 Miscellaneous restrictions.

 

 

 

(A)  No beer or intoxicating liquor shall be sold or served to occupants of automobiles, for consumption therein, and no "curb service" shall be furnished by any permit holder.

 

(B)   No retail permit holder shall sell any alcoholic beverages to other permit holders or any other persons for the purpose of resale. No retail permit holder shall loan, exchange, transfer, allocate, or deliver any alcoholic beverages to another permit holder or to another permit premises. A retail permit holder may transfer alcoholic beverages from a permit premises where the permit is not renewed, the right to sell alcoholic beverages has been cancelled in any manner by law, or the operations have ceased permanently, to another permit premises for which that retail permit holder holds the permit, only upon receiving written application to consent from the division of liquor control. The retail permit holder shall provide a written request for consent to the division, which application shall include proof that the retail permit holder offered the wholesale distributor the alcoholic beverages and that the wholesale distributor declined to repurchase inventory of the alcoholic beverages, and proof of ownership of the inventory.

 

(C)   No deliveries of beer, or wine and mixed beverages, or wine to retail permit holders shall be made by anyone who is not a bona fide employee of the B-1, B-2, B-4, B-5, A-1, A-2, or A-4 permit holder making the sale, except such deliveries may be made as provided by section 4301.60 of the Revised Code.

 

(D)     No alcoholic beverage beverages shall be given away with the purchase of merchandise, or any thing of value., nor shall any merchandise or thing of value be given away with the purchase of an alcoholic beverage, except as provided for in rule 4301:1-1-43(B)(6) of the Administrative Code. An alcoholic beverage may be packaged with a nonalcoholic item without increasing the price of the alcoholic beverage.

 

(E)Every original container of beer, mixed beverages, or wine sold or distributed in the state of Ohio shall bear the name of the manufacturer thereof.

 

(F)(E)

 

(1)   A retail permit holder shall not be prohibited by this rule, rule 4301:1-1-45 of the Administrative Code, or any other rule of the liquor control commission from conducting a program to prevent alcoholic beverage sales to underage individuals., where such Under the program, the retail permit holder may give gives the consumer an item that is not an alcoholic beverage, which costs less than two three dollars, for failure on the part of the retail permit holder, their employee, or agent, to require the presentation of identification prior to the the consumer's purchase of an alcoholic beverage.

 

 

 

(2)    The retail permit holder shall conduct this program only for the purpose of requiring the presentation of an operator's license, chauffeur's license, or an identification card, issued pursuant to sections 4507.50 to 4507.52 of the Revised Code, showing that the consumer is of legal age to purchase alcoholic beverages.

(G)

(1) A "cost adjustment" factor will be used to periodically update the dollar limitation prescribed in paragraph (F) of this rule. The liquor control commission shall establish the adjusted dollar limitation on an annual basis beginning January 1989.

(2) The "cost adjustment" factor is a percentage equal to the change in the federal bureau of labor statistics' "Consumer Price Index."

(H)(F) Notwithstanding the provisions of rule 4301:1-1-03 of the Administrative Code, A-2, B-2, B-5, and retail permit holders may calculate and advertise retail wine case prices as ten per cent off the retail single bottle minimum price.

(I)(G) Prohibition against sales at wholesale to persons who are not retail permit holders.

(1)   No wholesale distributor shall knowingly sell alcoholic beverages at wholesale to a person who is not a retail permit holder.

(2)   A wholesale distributor must verify, at least annually, that the person to whom they are selling alcoholic beverages at wholesale is a retail permit holder.

(3)   A wholesale distributor may receive written verification that a person is a retail permit holder by contacting the liquor control commission or the division of liquor control, by mail, facsimile, or via the division's internet web site, which lists active and recently-canceled permits.

(4)   Written proof of such verification is an affirmative defense to a citation issued to the wholesale distributor for selling alcoholic beverages at wholesale to a non-permit holder, pursuant to rules 4301:1-1-03 and or 4301:1-1-72 of the Administrative Code.

Effective:                                                     09/02/2005

R.C. 119.032 review dates:                         05/18/2005 and 06/30/2010

CERTIFIED ELECTRONICALLY

Certification

08/22/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           ORC 4301.03

Rule Amplifies:                                  ORC 4301.01, 4301.13, 4301.14, 4301.22, 4301.23,

4301.041, 4301.58, 4301.60, 4301.62, 4301.64,

4303.22, 4303.27, 4303.35

Prior Effective Dates:                         7/5/50, 7/1/81, 5/20/88, 7/10/95, 4/13/01