(A) As used in this section:

Terms Used In Ohio Code 4301.245

  • Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
  • At retail: means for use or consumption by the purchaser and not for resale. See Ohio Code 4301.01
  • Beer: includes all beverages brewed or fermented wholly or in part from malt products and containing one-half of one per cent or more of alcohol by volume. See Ohio Code 4301.01
  • distributor: means a person engaged in the business of selling to retail dealers for purposes of resale. See Ohio Code 4301.01
  • liquor: include all liquids and compounds, other than beer, containing one-half of one per cent or more of alcohol by volume which are fit to use for beverage purposes, from whatever source and by whatever process produced, by whatever name called, and whether they are medicated, proprietary, or patented. See Ohio Code 4301.01
  • Manufacturer: means any person engaged in the business of manufacturing beer or intoxicating liquor. See Ohio Code 4301.01
  • Spirituous liquor: includes all intoxicating liquors containing more than twenty-one per cent of alcohol by volume. See Ohio Code 4301.01
  • Wine: includes all liquids fit to use for beverage purposes containing not less than one-half of one per cent of alcohol by volume and not more than twenty-one per cent of alcohol by volume that is made from the fermented juices of grapes, fruits, or other agricultural products. See Ohio Code 4301.01

(1) “Broker” and “solicitor” have the same meanings as in rules adopted by the superintendent of liquor control under section 4303.25 of the Revised Code.

(2) “On-premises brand promotion” means a promotion of a brand of beer or intoxicating liquor by a distributor, manufacturer, trade marketing professional, solicitor, or broker of that brand at a retail permit premises.

(3) “Product location communication” means a listing or program that allows an individual to determine the availability of a specific brand of beer or intoxicating liquor at retail permit holders or agency stores in a certain geographic area.

(4) “Social media” means a service, platform, or web site where users communicate with one another free of charge and share media such as pictures, videos, music, and blogs. “Social media” includes the web site of a distributor, manufacturer, trade marketing professional, solicitor, or broker.

(5) “Trade marketing professional” has the same meaning as in section 4301.171 of the Revised Code.

(B) Notwithstanding section 4301.24 of the Revised Code and except as provided in division (C) of this section, a distributor, manufacturer, trade marketing professional, solicitor, or broker may use free services provided by social media to advertise any of the following:

(1) An on-premises brand promotion;

(2) Beer, wine, or spirituous liquor tasting samples sold in accordance with this chapter or Chapter 4303 of the Revised Code;

(3) A product location communication.

(C) No distributor, manufacturer, trade marketing professional, solicitor, or broker shall use free services provided by social media to advertise to persons under twenty-one years of age.

Last updated March 23, 2022 at 9:41 AM

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