Legally Speaking: Beverage Alcohol Offered For Sale Must Be Acquired From Proper Source
Ohio law provides that no permit holder may possess any beer or intoxicating liquor not purchased from the Division of Liquor Control or from the holder of a permit issued by the division. [Read More]
Legally Speaking: Three-Tier System Vital To State’s Regulation Of Alcohol
In an attempt to prevent the vertical integration of ownership which supported intemperate consumption, tied-house legislation was enacted. The most fundamental purpose of tied-house laws was the creation and preservation of the three-tier system. [Read More]
Legally Speaking: ABC Act Regulates Advertising, Promotions, Premiums
Spring 2025 is here and this is a reminder to alcohol beverage industry members to comply with all of the laws comprising the Ohio Liquor Control Act, including advertising, utilitarian display enhancers and temporary display [Read More]
Legally Speaking: Permit Renewals Loom For Western Ohio Licensees
For all liquor retail permit holders in the western part of Ohio, midnight on June 1 means your 2024-2025 permit expires. [Read More]
Legally Speaking: Division Promises Speed, Efficiency With New OPAL Platform
Starting June 2, the Division of Liquor Control will launch Ohio Permit and Licensing, or OPAL, which is the division’s new online liquor permitting and processing platform. Dave Raber Yes, this means the [Read More]
Legally Speaking: Court Again Rejects Challenge To Ohio’s Direct Shipping Laws
The Block v. Canepa lawsuit concerns an out-of-state wine retailer and an in-state wine consumer against the state of Ohio challenging the prohibition of the out-of-state wine retailer to obtain a retail license to ship [Read More]
Legally Speaking: Court Rules Requiring ‘Physical Premises’ OK Under 21st Amendment
The Ninth Circuit Court of Appeals upheld the district court’s ruling that Arizona’s requirement that licensed retailers purchase alcohol only from licensed in-state wholesalers and must have a “physical premises” within the state. The district [Read More]
Legally Speaking: Temporary Permits Allow Al-Bev Sales For Fundraising
Any person desiring to sell alcohol beverages in Ohio must first obtain a permit, including those who wish to sell for a charitable or fund-raising events. The Division of Liquor Control issues temporary permits for [Read More]
Legally Speaking: 1982 Ruling Mandates ID Check At Every Alcohol Sale
I received a call from a retail permit holder who was seeking legal representation because his bar had been cited for allegedly selling and/or furnishing alcohol to an underage person. He explained he uses a [Read More]
Legally Speaking: Rule 45 Regulates Prizes, Contests, Other Sales Promotions
Dave Raber 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 [Read More]
Legally Speaking: Due Process Rights In A Fair Hearing Include Proper Notice
Dave Raber The Franklin County Court of Common Pleas recently issued a decision reversing an order of the Liquor Control Commission denying the renewal of a retail permit for non-payment of taxes as [Read More]
Repeal Paved The Way For Modern Al-Bev Market
Thursday, Dec. 5, marks the 91st 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]
Local Governments May Object To Liquor Permits
All permit holders are entitled to renewal of their liquor permit unless good cause exists to reject the renewal application. However, the legislative authority of the municipal corporation, the board of township trustees or the [Read More]
Division Conducts Conference On Liquor Control Issues
On Oct. 18, the Ohio Department of Commerce’s Division of Liquor Control conducted a conference, with CLE credits for attorneys, at the State Fire Marshal Office in Reynoldsburg. Registration commenced at 8:30 a.m. and the [Read More]
Rule 8 Prohibits Issuing Permit To Certain Locations
Besides the loss of permit privileges when a liquor permit is revoked or an objection to the annual renewal is sustained, Liquor Commission Rule 8 prohibits the Division of Liquor Control from issuing a permit [Read More]
Warrantless Administrative Searches Have Some Limits
Nearly 40 years ago, the Ohio Supreme Court considered the issue of whether the warrantless administrative search of a liquor permit holder’s premises by Department of Liquor Control agents complied with the protections against illegal [Read More]
Ohio BMV Offers Digital Driver’s Licenses For iPhones
Ohio is now one of five states offering its citizens the option to add an issued driver’s license or ID card to their digital wallet on their iPhone so they can present it easily and [Read More]
It’s Renewal Time For Northeast Ohio Permits
For all liquor permit holders in the northeastern part of Ohio, midnight on Oct. 1 means your 2023-2024 permit expires — this includes all manufacturers and distributors. Please check the tri-colored map of renewal districts [Read More]
Checking IDs Is Vital For Affirmative Defense
As every liquor permit holder in Ohio must be aware, and as I repeatedly write in this column, underage sales of alcohol citations are the most common cases I observe before the Ohio Liquor Control [Read More]
Details Matter When Filing Appeal To An Order
The Franklin County Court of Appeals on June 18 rendered a decision in which the common pleas court dismissed a permit holder’s appeal for lack of subject-matter jurisdiction. Because the permit holder failed to strictly [Read More]
Tennessee Wins Case Against Out-Of-State Retailers
The U.S. District Court for the Middle District of Tennessee has approved the agreed final judgment in a civil enforcement action under the Twenty-first Amendment Enforcement Act. The AFJ was filed by the Tennessee attorney [Read More]
Court: Severity Of Police Calls Supports Rejection Of Permit Renewal
The Franklin County Court of Common Pleas recently issued a decision involving the rejected renewal of a permit. The Liquor Control Commission’s order reversed the order of the Division of Liquor Control, which rejected the [Read More]
Essay Takes In-depth Look At 21st Amendment
Patrick J. Glen, winner of the 15th annual essay contest for the Center for Alcohol Policy, writes an in-depth analysis of the 21st Amendment’s relationship to the dormant Commerce Clause. The essay, titled “Distilling Purpose: [Read More]
ASK Program Provides Online Server Training
As every liquor permit holder in Ohio must be aware, citations for underage sales of alcohol are the most common cases I observe before the Ohio Liquor Control Commission. Section 4301.69(A) of the Ohio Revised [Read More]
Spring Fever No Excuse To Ignore Regulations
Spring 2024 is here and this is 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 [Read More]