Bill Text: OH SB173 | 2013-2014 | 130th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Slight Partisan Bill (Republican 26-10)
Status: (Passed) 2014-07-10 - Effective Date [SB173 Detail]
Download: Ohio-2013-SB173-Comm_Sub.html
As Reported by the Senate Agriculture Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: 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.
Spectrum: Slight Partisan Bill (Republican 26-10)
Status: (Passed) 2014-07-10 - Effective Date [SB173 Detail]
Download: Ohio-2013-SB173-Comm_Sub.html
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Senator Hughes
Cosponsors:
Senators Seitz, Uecker, Schiavoni
To amend sections 4301.171 and 4303.251 of the | 1 |
Revised Code to modify the law governing tasting | 2 |
samples of beer and intoxicating liquor. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.171 and 4303.251 of the Revised | 4 |
Code be amended to read as follows: | 5 |
Sec. 4301.171. (A) As used in this section: | 6 |
(1) "Broker" and "solicitor" have the same meanings as in | 7 |
rules adopted by the superintendent of liquor control under | 8 |
section 4303.25 of the Revised Code. | 9 |
(2) "Tasting sample" means a small amount of spirituous | 10 |
liquor that is provided in a serving of not more than a quarter | 11 |
ounce of spirituous liquor and, if provided, not more than one | 12 |
ounce of nonalcoholic mixer to an authorized purchaser and that | 13 |
allows the purchaser to determine, by tasting only, the quality | 14 |
and character of the beverage. | 15 |
(3) "Trade marketing company" means a company that solicits | 16 |
the purchase of beer and intoxicating liquor and educates the | 17 |
public about beer and intoxicating liquor. | 18 |
(4) "Trade marketing professional" means an individual who is | 19 |
an employee of, or is under contract with, a trade marketing | 20 |
company and who has successfully completed a training program | 21 |
described in section 4301.253 of the Revised Code. | 22 |
(B) Notwithstanding section 4301.24 of the Revised Code, an | 23 |
agency store to which a D-8 permit has been issued may allow a | 24 |
trade marketing professional, broker, or solicitor to offer for | 25 |
sale tasting samples of spirituous liquor when conducted in | 26 |
accordance with this section. A tasting sample shall not be sold | 27 |
for the purpose of general consumption. | 28 |
(C) Tasting samples of spirituous liquor may be offered for | 29 |
sale at an agency store by a trade marketing professional, broker, | 30 |
or solicitor if all of the following apply: | 31 |
(1) The tasting samples are sold only in the area of the | 32 |
agency store in which spirituous liquor is sold and that area is | 33 |
open to the public. | 34 |
(2) The tasting samples are sold only by the trade marketing | 35 |
professional, broker, or solicitor. | 36 |
(3) The spirituous liquor is registered under division (A)(8) | 37 |
of section 4301.10 of the Revised Code. | 38 |
(4) Not less than | 39 |
the trade marketing professional, broker, or solicitor has | 40 |
provided written notice to the division of liquor control of the | 41 |
date and time of the sampling, and of the type and brand of | 42 |
spirituous liquor to be sampled at the agency store. | 43 |
(D) A sale of tasting samples of spirituous liquor is subject | 44 |
to rules adopted by the superintendent of liquor control or the | 45 |
liquor control commission. | 46 |
(E) An offering for sale of tasting samples of spirituous | 47 |
liquor shall be limited to a period of not more than two hours. | 48 |
(F) For purposes of offering for sale tasting samples of | 49 |
spirituous liquor, | 50 |
solicitor shall purchase the spirituous liquor from the agency | 51 |
store | 52 |
price. An authorized purchaser shall be charged not less than | 53 |
fifty cents for each tasting sample of spirituous liquor. | 54 |
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an agency store is completed, any bottles of spirituous liquor | 63 |
used to provide tasting samples that are not empty shall be marked | 64 |
as "sample" and removed from the agency store by the trade | 65 |
marketing professional, broker, or solicitor, as applicable. | 66 |
(G) No trade marketing professional, broker, or solicitor | 67 |
shall do any of the following: | 68 |
(1) Advertise the offering for sale of tasting samples of | 69 |
spirituous liquor other than at the agency store where the tasting | 70 |
samples will be offered; | 71 |
(2) Solicit orders or make sales of tasting samples of | 72 |
spirituous liquor for quantities greater than those specified in | 73 |
division (G)(3) of this section; | 74 |
(3) Allow any authorized purchaser to consume more than four | 75 |
tasting samples of spirituous liquor per day. | 76 |
(H) The purchase of a tasting sample of spirituous liquor | 77 |
shall not be contingent upon the purchase of any other product | 78 |
from an agency store. | 79 |
(I) No employee of an agency store that allows the sale of | 80 |
tasting samples of spirituous liquor shall purchase or consume a | 81 |
tasting sample while on duty. | 82 |
(J) If an employee of an agency store that allows the sale of | 83 |
tasting samples of spirituous liquor consumes a tasting sample of | 84 |
spirituous liquor, the employee shall not perform the employee's | 85 |
duties and responsibilities at the agency store on the day the | 86 |
tasting sample is consumed. | 87 |
(K) No person under twenty-one years of age shall consume a | 88 |
tasting sample of spirituous liquor. | 89 |
(L) Not more than | 90 |
tasting samples of spirituous liquor are offered shall occur at an | 91 |
agency store in a calendar month provided that: | 92 |
(1) Not more than two events shall occur in the same day; and | 93 |
(2) There is not less than one hour between the end of one | 94 |
event and the beginning of the next event. | 95 |
(M) No trade marketing professional, trade marketing company, | 96 |
broker, solicitor, owner or operator of an agency store, or an | 97 |
agent or employee of the owner or operator shall violate this | 98 |
section or any rules adopted by the superintendent or the | 99 |
commission for the purposes of this section. | 100 |
Sec. 4303.251. (A) A manufacturer, supplier, broker, or | 101 |
wholesale distributor of beer or intoxicating liquor, or an agent, | 102 |
solicitor, or salesperson who is registered under section 4303.25 | 103 |
of the Revised Code and who represents the manufacturer, supplier, | 104 |
broker, or wholesale distributor of beer or intoxicating liquor, | 105 |
may conduct consumer product instruction, or provide sample | 106 |
servings of the manufacturer's, supplier's, broker's, or wholesale | 107 |
distributor's products, on the premises of a retail permit holder | 108 |
who is authorized to sell the products for on-premises | 109 |
consumption, without the manufacturer, supplier, broker, wholesale | 110 |
distributor, agent, solicitor, or salesperson having to be issued | 111 |
a retail permit under this chapter. The person providing a sample | 112 |
serving shall purchase the beer or intoxicating liquor at the | 113 |
ordinary retail price from the retail permit holder whose premises | 114 |
are involved. The liquor control commission shall adopt rules in | 115 |
accordance with Chapter 119. of the Revised Code to implement this | 116 |
section. | 117 |
(B) A manufacturer, supplier, or broker of beer, wine, or | 118 |
mixed beverages, or an agent, solicitor, or salesperson who is | 119 |
registered under section 4303.25 of the Revised Code and who | 120 |
represents the manufacturer, supplier, or broker of beer, wine, or | 121 |
mixed beverages, may conduct consumer product instruction, or | 122 |
provide sample servings of the manufacturer's, supplier's, or | 123 |
broker's products on the premises of a retail permit holder who | 124 |
holds a D-8 permit and who is authorized to sell the products for | 125 |
off-premises consumption, without the manufacturer, supplier, | 126 |
broker, agent, solicitor, or salesperson having to be issued a | 127 |
retail permit under this chapter. The person providing a sample | 128 |
serving shall purchase the beer, wine, or mixed beverages at the | 129 |
ordinary retail price from the D-8 permit holder and shall limit | 130 |
the amount and frequency of the sample servings to those | 131 |
authorized pursuant to the D-8 permit. The liquor control | 132 |
commission shall adopt rules in accordance with Chapter 119. of | 133 |
the Revised Code to implement this section. | 134 |
Division (B) of this section does not apply to a wholesale | 135 |
distributor. | 136 |
Section 2. That existing sections 4301.171 and 4303.251 of | 137 |
the Revised Code are hereby repealed. | 138 |