Selected Ohio Liquor Control Commission Rules
§ 4301:1-1-44 Advertising (effective May 16, 2021)
(A) Definitions. For purposes of this rule:
(1) “Advertisement” means any written or verbal statement, illustration, or depiction created to induce sales through a combination of letters, pictures, objects, lighting effects, illustrations, or other similar means. “Advertisement” does not include a label on an alcoholic beverage container.
(2) “Sign” means a lettered board or placard placed in the interior of or in the exterior windows of a permit premises to advertise the business transacted within or the alcoholic beverages sold by the permit holder, by displaying the brand name, trade name, designation, or other emblem indicating the manufacturer, supplier, or wholesale distributor of such alcoholic beverages.
(B) Manufacturers, suppliers, and wholesale distributors of alcoholic beverages, and retail permit holders are permitted to advertise their products in Ohio via print or electronic media or signage. Advertisements may include the retail price of alcoholic beverages.
(C) Manufacturers and suppliers of spirituous liquor may advertise their products in Ohio, and such advertisements may contain the statement that spirituous liquor may be purchased in original containers for consumption off the premises where sold, together with the prices established and published by the division.
(D) Prohibited and permitted activities.
(1) No billboard advertisement of any brand of alcoholic beverage is permitted within five hundred feet of any church, school, or public playground. No advertisement shall be permitted on any public or non-public elementary or secondary school property.
(2) No advertisement shall condone or encourage excessive use of alcoholic beverages, nor shall any advertising portray intoxication.
(3) No advertisement shall represent, portray, or make any reference to children.
(4) No advertisement shall represent, portray, or make any reference to Santa Claus.
(5) Manufacturers, suppliers, and wholesale distributors of alcoholic beverages may send direct mail advertisements to a retail permit holder or the general public. In the use of direct mail advertisements, manufacturers, suppliers, and wholesale distributors may refer to retail prices.
(6) The advertisement of any alcoholic beverage shall not contain any statement that is false or untrue in any material particular, or that, irrespective of falsity, directly, or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter tends to create a misleading impression.
(E) Unless otherwise permitted, no manufacturer, supplier, or wholesale distributor of alcoholic beverages may sponsor or participate in any advertising for or with any retail permit holder.
(F) Except as provided for in this paragraph, no manufacturer, supplier, or wholesale distributor of alcoholic beverages shall state in any way or give the name or address of any permit holder where the alcoholic beverages handled by such manufacturer, supplier, or wholesale distributor may be obtained or purchased. A manufacturer, supplier, or wholesale distributor may state or give the name or address of a permit holder where the alcoholic beverages handled by such manufacturer, supplier, or wholesale distributor may be obtained or purchased when the manufacturer, supplier, or wholesale distributor meets all of the following requirements. The manufacturer, supplier, or wholesale distributor:
(1) Is responding to a direct inquiry from a consumer received by telephone, mail, an electronic inquiry, or in person.
(2) Provides the names of two or more unaffiliated retail permit holders.
(3) Provides written text only, graphics or images being prohibited.
(4) Lists only the following information about the unaffiliated retail permit holders: the name of the retail permit holder, the permit premises address, web site address, electronic mail address, and telephone number.
(5) Provides no other information about the retail permit holders. This prohibition includes but is not limited to product prices, a description of the retail permit holder’s services.
(6) Provides the information on each retail permit holder in identical format, and
(7) Pays all costs for the production of the provision of the information. The manufacturer, supplier, or wholesale distributor may not accept compensation or any other thing of value for the provision of the information.
(G) Signs or advertisements on a permit premises.
(1) Electric or neon signs, advertising any individual brand of alcoholic beverage, may be displayed in the exterior windows or interior of any retail permit premises, provided that not more than two such signs may be displayed in all of the exterior windows of the retail permit premises.
(2) Signs or advertisements, other than electric or neon, advertising an individual brand of alcoholic beverage, may be displayed within the permit premises or in the exterior windows of a retail permit premises without limitation as to size or number.
§ 4301:1-1-45 Contests, prizes, sales incentive programs, rebates, or other promotions (effective September 5, 2015)
(A) Unless authorized under Revised Code Chapters 4301. or 4303., or rules promulgated thereunder, no merchandise or thing of value shall be given away in connection with the purchase of an alcoholic beverage.
(B) A manufacturer or supplier of alcoholic beverages, their registered solicitor, or a third party acting on behalf of the manufacturer or supplier, excluding a wholesale distributor or retail permit holder, may offer contests, prizes, sales incentive programs, rebates, or other promotions. Contests, prizes, sales incentive programs, rebates, or other promotions may not be used by a wholesale distributor or retail permit holder to reduce the price of the alcoholic beverage at the point of sale.
(1) A manufacturer or supplier of alcoholic beverages, their registered solicitor, or a third party acting on behalf of the manufacturer or supplier, a wholesale distributor, or a retail permit holder may notify the consumer of a contest, prize, sales incentive program, mail in rebate, or other promotion through printed or other media or methods.
(2) The entry forms and the point-of-sale materials for a contest, prize, sales incentive program, mail in rebate, or other promotion may be distributed by the manufacturer or supplier of alcoholic beverages, their registered solicitor, a third party acting on behalf of the manufacturer or supplier, or a wholesale distributor for display and dissemination at the premises of a wholesale distributor or retail permit holder.
(3) In no event shall any contest, prize, sales incentive program, mail in rebate, or other promotion be made with the financial assistance of any wholesale distributor or retail permit holder. No manufacturer or supplier shall require a wholesale distributor or retail permit holder to participate in a contest, prize, sales incentive program, mail in rebate, or other promotion, or be subject to any quota or other arrangement that requires the wholesale distributor or retail permit holder to purchase products of the manufacturer or supplier in order to distribute the entry forms or point-of-sale materials for the contest, prize, sales incentive program, mail in rebate, or other promotion.
(4) At no time shall any manufacturer or supplier establish any quota or numerical amount of entry or mail in rebate forms or mail in rebate or point-of-sale materials that must be distributed by the wholesale distributor to any specific class or type of retail permit holder.
(5) No manufacturer, supplier, or wholesale distributor shall discriminate between permit holders within the same permit class, based upon size or purchases of a particular brand, when distributing entry or mail in rebate forms or point-of-sale materials nor in any way restrict or limit participation in such promotions to one or more specific retail permit holders.
(C) Should any of the contests, prizes, sales incentive programs, mail in rebates or other promotions offered by the manufacturer or supplier be determined to be in violation of any federal law or rule, or state law or rule, the manufacturer or supplier shall be solely responsible and liable for the violation. In the event of such violation by the manufacturer or supplier, the wholesale distributor or retail permit holder shall be held harmless by the manufacturer or supplier, and shall not be deemed in violation of the state law.
(D)
(1) No employee, or member of the employee’s immediate family, of the manufacturer, supplier, wholesale distributor, or retail permit holder shall be eligible to receive any prize or award from the contest, prize, sales incentive program, or other promotion. Employees, and members of the employee’s immediate family, of the manufacturer, supplier, wholesale distributor, or retail permit holder are eligible to apply for and receive a mail in rebate, provided that they meet the same requirements as any other consumer.
(2) Except as provided in this rule, the manufacturer or supplier shall respond directly to the consumer about the contest, prize, sales incentive program, mail in rebate or other promotion.
(3) Except as provided in this rule, no prize, award, or mail in rebate shall be made by or awarded through any retail or wholesale permit holder.
(4) No purchase of alcoholic beverages shall be required to participate in a contest, prize, sales incentive program, or other promotion; however, the purchase of alcoholic beverages may be required to participate in a mail in rebate. No rebate amount given to a consumer shall meet or exceed the retail price of the alcoholic beverage purchased by the consumer to participate in the mail-in rebate. Manufacturers, suppliers, their registered solicitors, or a third party acting on behalf of the manufacture or supplier may provide rebates only on the alcoholic beverage products that they manufacture or represent.
(5) Alcoholic beverages shall not be a prize or be given to any participant in any contest, prize, sales incentive program, mail in rebate offer, or other promotion. No contest, prize, sales incentive program, mail in rebates or other promotion of any kind shall reduce the cost of an alcoholic beverage at the point of sale.
(6) No one under the age of twenty-one shall be permitted to participate in or be awarded a prize, award, or mail in rebate from a contest, prize, sales incentive program, rebate, or other promotion.
(E)
(1) Except as provided in this rule, a participant in a contest, prize sales incentive
program, mail in rebate, or other promotion shall not receive a prize, award, or mail in rebate at the point-of-sale or from any retail permit holder or wholesale distributor. Prizes, awards, or rebates may be claimed by mail or other means that are not located at a retail permit holder’s or wholesale distributor’s permit premises or on the same parcel of property.
(2) A manufacturer or supplier of alcoholic beverages, the registered solicitor of a manufacturer or supplier, or a third party acting on behalf of the manufacturer or supplier, excluding a wholesale distributor or retail permit holder when offering a mail in rebate:
(a) May require a participant to purchase a specific non-alcoholic item in addition to the purchase of an alcoholic beverage.
(b) May require proof that the non-alcoholic item was purchased from a retail permit holder.
(c) Shall not restrict such mail in rebates to one or more specific retail permit holders nor require the purchase of an alcoholic beverage or non-alcoholic item to be made at one or more specific retail permit holder’s premises in order to participate in the mail in rebate.
(d) May provide rebates only on the alcoholic beverage products that they manufacture or represent. No rebate amount given to a consumer shall meet or exceed the retail price of the alcoholic beverage purchased by the consumer to participate in the mail-in rebate.
(F) The entry form for the contest, prize, sales incentive program, or other promotion form may be attached by the manufacturer or supplier to any container of alcoholic beverage, or to any carrier or packaging containing such product, only if other methods of entry are readily available to the consumer at the place of purchase, without requiring the purchase of such product. A mail in rebate form may be attached by the manufacturer or supplier to any container of alcoholic beverage, or to any carrier or packaging containing such product, without making other methods of entry available, if a purchase of the alcoholic beverage is required to receive the mail in rebate.
§ 4301:1-1-46 Miscellaneous restrictions (effective June 29, 2018)
(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, or to another permit premises for which the retail permit holder receiving the alcoholic beverages has, in the opinion of the superintendent, substantially the same principals as the retail permit holder transferring the alcoholic beverages, but only upon receiving written consent from the division of liquor control. The retail permit holder requesting to transfer the product shall provide a written request for consent to the division, which shall include proof that the retail permit holder offered the wholesale distributor the alcoholic beverages and that the wholesale distributor declined to repurchase the alcoholic beverages, and proof of ownership of the inventory.
(C) No deliveries of beer, or wine and mixed beverages 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 shall be given away with the purchase of merchandise or any thing of value. An alcoholic beverage may be packaged with a nonalcoholic item without increasing the price of the alcoholic beverage.
(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. Under the program, the retail permit holder may give the consumer an item that is not an alcoholic beverage, which costs less than 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 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.
(F) 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 that the person to whom they are selling alcoholic beverages at wholesale is a retail permit holder and shall be deemed to have knowledge of the fact that the person to whom it sold alcoholic beverages is not a retail permit holder when that person was never issued a retail permit or when that person’s retail permit was cancelled, revoked, or not renewed by the division of liquor control and evidence of that cancellation, revocation, or non-renewal is made available by the division.
(3) A wholesale distributor shall be deemed not to have knowledge of the fact that a person to whom it sold alcoholic beverages at wholesale is not a retail permit holder when that person has been granted a stay order by the liquor control commission or a court of competent jurisdiction and the wholesale distributor has not been provided evidence that the stay order has been modified or dissolved by the commission or the court issuing the stay order. Electronic transmission of a notice to all licensed wholesalers shall constitute sufficient evidence of a wholesale distributor’s knowledge of the modification or dissolution of a stay order.
§ 4301:1-1-50 Limitations on happy hours and similar retail price reductions. (effective January 31, 2016)
(A) No liquor permit holder authorized to sell for on-premises consumption, and no agent or employee of that liquor permit holder, shall:
(1) Offer to sell, furnish, or deliver to any person or group of persons:
(a) Two or more servings of an alcoholic beverage upon the placing of an order for an individual serving of an alcoholic beverage;
(b) An unlimited number of servings of alcoholic beverages during any set period of time for a fixed price;
(c) Any alcoholic beverage after nine p.m. at a price less than the regularly-charged price, as established by the schedule of prices required in paragraph (B) of this rule.
(2) Encourage or allow any game or contest that involves the drinking of alcoholic beverages or the awarding of alcoholic beverages as a prize.
(3) Increase the volume of alcoholic beverages contained in a serving without increasing proportionately the price charged for such serving.
(B) All permit holders authorized to sell for on-premises consumption shall maintain on their permit premises a schedule of prices for all drinks of alcoholic beverages to be sold, furnished, delivered, or consumed thereon.
(1)
(a) Scheduled prices shall be effective for not less than one calendar month, dating from twelve p.m. on the first day of each month.
(b) Alcoholic beverages that have not been sold by the permit holder in the preceeding six months may be added to the price schedule on a day other than the first day of the month.
(c) Prices for any item on the schedule may not vary throughout the calendar month.
(2) Prior to nine p.m., permit holders may sell, furnish, deliver, or allow the consumption of any alcoholic beverage at a price less than the regularly-charged price, as established by the aforementioned schedule of prices. Permit holders who do so may designate this time as happy hour periods.
§ 4301:1-1-71 Sponsorship of athletic events or tournaments, concerts, shows, or entertainment (effective August 27, 2007)
(A) Nothing contained in rule 4301:1-1-44 of the Administrative Code or other rule of the commission as applied to persons engaged in the business of manufacturing alcoholic beverages shall prohibit such persons from sponsoring athletic events or tournaments, provided that no participant of said athletic event or tournament is a minor and an amateur.
(B) Nothing contained in this rule or rule 4301:1-1-44 of the Administrative Code shall prohibit the sponsorship of radio or television broadcasts of athletic events or tournaments by persons engaged in the business of manufacturing alcoholic beverages.
(C) An alcoholic beverage manufacturer may sponsor an athletic event or tournament being conducted by a charitable organization, which is not a liquor permit holder (other than a temporary liquor permit), even though a retail permit holder is also a sponsor of the event or tournament. A retail permit holder may sponsor a charitable organization’s athletic event or tournament, even if an alcoholic beverage manufacturer is also a sponsor, under the same conditions as stated above.
(D) An alcoholic beverage manufacturer may sponsor events, concerts, shows, or entertainment that are not athletic in nature and that are conducted by nonprofit or charitable organizations, which are not liquor permit holders other than temporary liquor permits.
(E) An alcoholic beverage manufacturer may sponsor events, concerts, shows, or entertainment at a liquor permit premises, provided that: the primary purpose of the permit premises is to provide events, concerts, shows, and other entertainment to the general public, and is not to sell alcoholic beverages.
(F) An alcoholic beverage manufacturer may purchase a license for trademarked or copyrighted material from a charitable organization that is a retail liquor permit holder. Payment to the organization must reflect the fair market value of the license rights received.
(G) Sponsorship of any event, concert, show, entertainment, or tournament, or the purchase of license rights by an alcoholic beverage manufacturer shall not be contingent on the purchase of alcoholic beverages or retail advertising specialties.
(H) For purposes of this rule, “charitable organization” means an organization that has received a determination letter from the federal internal revenue service that is currently in effect stating that the organization is exempt from federal income taxation pursuant to subsection 501(a) and described in subsection 501(c) of the Internal Revenue Code.
← Return to I. Alcoholic Beverages