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]
Criminal Convictions May Affect Permit Eligibility
The Jan. 17 “Legally Speaking” column discussed the importance of conducting background checks to keep unscrupulous actors out of the alcohol industry as an important role of government entities tasked with regulating alcohol production, distribution [Read More]
Cleveland Permit Lost Over 'Mayhem,' 'Chaos'
The Franklin County Court of Common Pleas recently issued a decision involving the rejected renewal of a permit. The decision affirmed the lower court’s decision sustaining the rejected renewal of a liquor permit by the [Read More]
Sale, Transfer Of Permits Strictly Regulated
I have written on this topic in the past, but it is important to know that a transferee or “buyer” of a liquor permit cannot lawfully begin operating under the seller’s liquor permit without notifying [Read More]
Background Checks Are Key To Responsible Licensure
The Center for Alcohol Policy recently issued a whitepaper outlining the need for background checks in the alcohol industry. The report was authored by Patrick Maroney, president of Maroney Consulting Services LLC and former director [Read More]
Portal Open For February Permit Renewals
For all retail liquor permit holders in the central and eastern portions of Ohio, as well as all manufacturers and distributors, midnight on Feb. 1 means it is time your 2022-2023 retail permit expires. Too [Read More]
Repeal Paved The Way For Modern Al-Bev Market
Monday, Dec. 5, marked the 89th 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 Reverses Commission For Lack Of Evidence
The Franklin County Court of Common Pleas recently reversed an order of the Liquor Control Commission finding a retail permit holder in violation of RC 4301.69(A) for failing a compliance check and selling alcohol to [Read More]
Court Upholds Violation Of Pandemic Curfew
The Franklin County Court of Appeals, on Sept. 30, rendered a decision which affirmed in part and reversed in part a common pleas case involving three Liquor Control Commission orders. The commission found a retail [Read More]
Court: Dine Safe Order Violation Not 'Disorderly Conduct'
The Franklin County Court of Appeals on Sept. 30 rendered a decision in which the common pleas court affirmed an Aug. 21, 2020, order of the Liquor Control Commission finding a retail permit holder in [Read More]
Affirmative Defense Requires Close ID Checking
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]
District Court Rejects Challenge To Three-Tier System
As previously reported in “Legally Speaking,” an out-of-state retailer and an Ohio wine consumer have challenged Ohio statutes which prohibit out-of-state retailers from shipping alcohol directly to Ohio consumers. Attorney General David Yost is defending [Read More]
Ohio Uses Its Authority To Regulate Alcohol
A free market in alcoholic beverages has never existed in American history. A 1970 U.S. Supreme Court decision noted that, in 1660, “the precursor of modern-day liquor legislation was enacted in England, which allowed commissioners [Read More]
Taking A Closer Look At Recent Liquor Law Changes
On Dec. 22, Gov. Mike DeWine signed Sub. Senate Bill 102 into law. The amendments to Ohio’s Liquor Control Act took effect in March. Ohio Tavern News published an article as a Legislative Update on [Read More]
Remember When – August 16
50 Years Ago-Aug. 22, 1972 — Alan C. Travis of Columbus was appointed legal counsel for the Ohio Carryout Beverages Store Association… 25 Years Ago-Aug. 19, 1997 — Alvin M. McCurdy was named plant manager [Read More]
Important STOP Act Awaits Senate Reauthorization
The Sober Truth on Preventing Underage Drinking, or “STOP” Act, was originally signed into law by President George W. Bush on Dec. 20, 2006. It was reauthorized through this year in 2016 as part of [Read More]