Ohio Code 4301.58 – Permits required
(A) As used in this section:
Terms Used In Ohio Code 4301.58
- Alcohol: means ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. See Ohio Code 4301.01
- 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
- Donor: The person who makes a gift.
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- 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
- Low-alcohol beverage: means any brewed or fermented malt product, or any product made from the fermented juices of grapes, fruits, or other agricultural products, that contains either no alcohol or less than one-half of one per cent of alcohol by volume. See Ohio Code 4301.01
- Manufacture: includes all processes by which beer or intoxicating liquor is produced, whether by distillation, rectifying, fortifying, blending, fermentation, or brewing, or in any other manner. See Ohio Code 4301.01
- Mixed beverages: includes the contents of a pod. See Ohio Code 4301.01
- Person: includes firms and corporations. See Ohio Code 4301.01
- Personal property: All property that is not real property.
- sell: include exchange, barter, gift, offer for sale, sale, distribution and delivery of any kind, and the transfer of title or possession of beer and intoxicating liquor either by constructive or actual delivery by any means or devices whatever, including the sale of beer or intoxicating liquor by means of a controlled access alcohol and beverage cabinet pursuant to section 4301. 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
- state: means the state of Ohio. See Ohio Code 1.59
- 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) “Charitable organization” is an organization described under section 501(c)(3) of the Internal Revenue Code and exempt from federal income taxation under section 501(a) of the Internal Revenue Code.
(2) “Fundraiser” means a raffle, silent auction, or event where a door prize is awarded.
(3) “Political organization” means a political organization defined under section 527 of the Internal Revenue Code.
(4) “Raffle” means a raffle conducted in accordance with Chapter 2915 of the Revised Code.
(5) “Silent auction” means a method of submitting bids in writing by one or more persons and, after a review of all the bids received, personal property is awarded to the highest and most responsive bidder.
(B) No person, personally or by the person’s clerk, agent, or employee, who is not the holder of an A permit issued by the division of liquor control, in force at the time, and authorizing the manufacture of beer or intoxicating liquor, or who is not an agent or employee of the division authorized to manufacture such beer or intoxicating liquor, shall manufacture any beer or intoxicating liquor for sale, or shall manufacture spirituous liquor.
(C) No person, personally or by the person’s clerk, agent, or employee, who is not the holder of an A, B, C, D, E, F, G, I, or S permit issued by the division, in force at the time, and authorizing the sale of beer, intoxicating liquor, or alcohol, or who is not an agent or employee of the division or the tax commissioner authorized to sell such beer, intoxicating liquor, or alcohol, shall sell, keep, or possess beer, intoxicating liquor, or alcohol for sale to any persons other than those authorized by Chapters 4301. and 4303. of the Revised Code to purchase any beer or intoxicating liquor, or sell any alcohol at retail.
(D) No person, personally or by the person’s clerk, agent, or employee, who is the holder of a permit issued by the division, shall sell, keep, or possess for sale any intoxicating liquor not purchased from the division or from the holder of a permit issued by the division authorizing the sale of such intoxicating liquor unless the same has been purchased with the special consent of the division. The division shall revoke the permit of any person convicted of a violation of division (C) of this section.
(E) Division (C) of this section does not apply to either of the following:
(1) The sale or possession for sale of any low-alcohol beverage;
(2) Beer and intoxicating liquor that is given away if all of the following apply:
(a) The beer or intoxicating liquor is given away by a charitable or political organization to a participant in a fundraiser.
(b) Any beer, wine, or mixed beverages given away via the fundraiser is purchased from a person issued a permit under Chapter 4303 of the Revised Code.
(c) Any spirituous liquor given away via the fundraiser is purchased from an agency store located in this state.
(d) Regarding any spirituous liquor donated to the charitable or political organization for purposes of the fundraiser, the donor is not an agency store located in this state and submits to the charitable or political organization receipts showing that the donor purchased the spirituous liquor from an agency store located in this state.
(e) The charitable or political organization submits purchase receipts for the spirituous liquor given away via a fundraiser to the division of liquor control as proof that the spirituous liquor was purchased from an agency store located in this state. The charitable or political organization shall submit the receipts in accordance with procedures that the division shall establish.
Last updated March 11, 2022 at 3:48 PM