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]
It’s Renewal Time For Western Ohio Permits
For all liquor permit holders — including all manufacturers and distributors — in the western part of Ohio, midnight on June 1 is the time your 2023-2024 permit expires. Too many permit holders lose their [Read More]
Direct Shipping Ban Is More Than ‘Protectionism’
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]
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]