Despite Thin Evidence, Court Upholds Rejected Renewal
The Franklin County Court of Common Pleas recently issued a decision involving the rejected renewal of a permit. The court affirmed the Liquor Control Commission’s order sustaining an objection to the permit holder’s right to [Read More]
Warrantless Searches Of Permit Premises Have Limits
The Ohio Supreme Court has stated that because of the “harmful potentialities” when the sale of alcoh Rule 4301:1-1-79, Ohio Admin. Code, or Rule 79, allows law enforcement officers to enter and conduct warrantless administrative [Read More]
Beverage Alcohol Must Be Purchased From Proper Source
Ohio has a wide selection of beer, wine and spirituous liquor products. Like many other states that I have visited recently, the regulatory scheme in Ohio allows for a wide variety of products at competitive [Read More]
Class Of Permit Dictates Hours Of Sales
It is important for all permit holders to realize that laws regulating a liquor permit business remain in effect seven days a week and 24 hours each day. The time of day when permit holders [Read More]
Court Upholds Tax Non-renewal Of Liquor Permit
The Franklin County Court of Common Pleas again affirmed the tax non-renewal of a liquor permit. No, this is not the same case discussed in the Dec. 5, 2023, column. The decision involved the tax [Read More]
Portal Is Open For February Permit Renewals
For all retail liquor permit holders in the central and eastern portions of Ohio, midnight on Feb. 1 is when your 2023-2024 retail permit expires — this includes all manufacturers and distributors. Too many permit [Read More]
Repeal Paved The Way For Modern Al-Bev Market
Tuesday, Dec. 5, marked the 90th anniversary of the ratification of the 21st Amendment to the United States Constitution, which repealed Prohibition and established today’s effective system of state-based alcohol regulation. On Dec. 5, 1933, [Read More]
Court Upholds Tax Non-renewal Of Liquor Permit
In a most recent decision, the Franklin County Court of Common Pleas again affirmed the tax non-renewal of a liquor permit. The decision involved the tax non-renewal of the retailer’s liquor permit for the 2021-2022 [Read More]
Challenge To Out-Of-State Shipping Law Continues In Court
As readers of this column may recall, the Block v. Canepa complaint was filed in 2020 and concerns an out-of-state retailer and an Ohio wine consumer challenging Ohio statutes which prohibit out-of-state retailers from shipping [Read More]
OIU's ASK Program A Valuable Tool For Permit Holders
As every liquor permit holder in Ohio must be aware, underage sales of alcohol citations are the most common cases I observe before the Ohio Liquor Control Commission. Section 4301.69(A) of the Ohio Revised Code [Read More]
Court: States Have Right To Set Own Al-Bev Limits
The First Circuit Court of Appeals upheld a district court’s ruling affirming Rhode Island’s requirement that licensed retailers purchase alcohol only from licensed in-state wholesalers and must have a “physical premises” within the state. The [Read More]
Sales Hours Apply To Patrons And Permit Holders Alike
It is important for all permit holders to realize that all laws regulating a liquor permit business remain in effect seven days a week and 24 hours each day. The time of day when permit [Read More]
Court Affirms Commission's Non-renewal Order
The Franklin County Court of Common Pleas issued a decision from an order of the Liquor Control Commission last July. The decision involved the tax non-renewal of the retailer’s liquor permit for the 2022-2023 renewal [Read More]
Court: Constitutionality Of COVID Curfew Is Moot
The Ohio Supreme Court rendered a decision on Aug. 1 regarding a constitutional challenge to emergency rule OAC 4301:1-1-80 holding that the appeal and underlying case are moot and thus vacating the judgment of the [Read More]
Budget Bill Allows Permanent Premises Expansion
Gov. Mike DeWine has signed Amended Sub. House Bill 33, the biennial state operating budget, which includes a few amendments to Ohio’s Liquor Control Act. Some of the provisions of the new act are discussed [Read More]
It’s Renewal Time For Northeast Ohio Permits
For all retail liquor permit holders in the northeastern part of Ohio, midnight on Oct. 1 means it is time your 2023-24 permit expires; this includes all manufacturers and distributors. Too many permit holders lose [Read More]
Rule 45 Prohibits Giveaways, With Some Exceptions
Throughout the United States, manufacturers and suppliers of alcoholic beverages use various promotions to increase sales of their alcoholic products. Retail accounts also welcome responsible sales promotions. The use of such sales promotions in Ohio [Read More]
Agents View Bugs In Bottles As Unsanitary Condition
Permit holders have the privilege of providing a comfortable environment for their customers. However, there is a legal duty to provide a clean and healthy one. Under the regulations of the Liquor Control Commission, all [Read More]
New Social Media, Fundraising Laws Raise Questions
I have been receiving phone calls to discuss two relatively new laws: 1) regarding use of social media; and 2) charitable organizations fundraising prizes. Although both laws have been in place since 2022, people are [Read More]
'Tied-House' Restrictions Help Maintain Three-Tier System
Anyone entering the alcohol industry as a license holder must familiarize themselves with what is known as “tied-house” restrictions. Tied house refers to laws, adopted both on the federal level and by every state, that [Read More]
Court: Knowledge Of Intoxication Needed For Violation
The Franklin County Court of Appeals, on April 13, rendered a decision which affirmed a common pleas case reversing an order issued by the Liquor Control Commission finding a retail permit holder sold alcohol to [Read More]
It's Renewal Time For Western Ohio Permits
For all liquor retail permit holders in the northwest and southwest parts of Ohio, midnight on June 1 means it is time your 2022-2023 permit expires; this includes all manufacturers and distributors. Too many permit [Read More]
Essay: Health, Safety Should Be Factors In Alcohol Availability
“The Ubiquitous Availability of Alcohol: Freedom Isn’t Free” so writes Nathan Sabo, winner of the Center for Alcohol Policy’s 14th annual essay contest. The national essay contest is intended to foster debate, analysis and examination [Read More]
Spring Fever No Excuse To Ignore Regulations
Spring 2023 is here and a reminder to alcohol beverage industry members to timely comply with all of the laws comprising the Ohio Liquor Control Act, including advertising, utilitarian display enhancers and temporary display racks. [Read More]
Franklin County Court Issues Liquor-related Rulings
The Franklin County Court of Common Pleas recently issued two decisions from orders of the Liquor Control Commission. The first decision involved the commission overruling an objection to a transfer application by city of Hamilton. [Read More]