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Ohio Statutes, Title 43

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Ohio/Statutes

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Title 43, Title 43. Liquor

6 chapters · 264 sections in this title.

All chapters in Title 43264 Ch 4301, Chapter 4301 | Liquor Control Law138 Ch 4303, Chapter 4303 | Liquor Permits88 Ch 4399, Chapter 4399 | Prohibitory Provision…17 Ch 4305, Chapter 4305 | Tax On Bulk Sales Of Beer10 Ch 4307, Chapter 4307 | Tax On Bottled Beverages9 Ch 4313, Chapter 4313 | Transfer Of Enterpris…2

264 sections·Filtered byTitle 43✕

Ohio Rev. Code Ann. § 4303.25 Prohibited acts - sales representatives to be registered
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No person personally or by the person's clerk, agent, or employee shall manufacture, manufacture for sale, offer, keep, or possess for sale, furnish or sell, or solicit the purchase or sale of any beer or intoxicating liquor in this state, or transport, import, or cause to be tra…
Ohio Rev. Code Ann. § 4303.251 Consumer product instruction or sample servings provided without permit
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(A) A manufacturer, supplier, broker, or wholesale distributor of beer or intoxicating liquor, or an agent, solicitor, or salesperson who is registered under section 4303.25 of the Revised Code and who represents the manufacturer, supplier, broker, or wholesale distributor of bee…
Ohio Rev. Code Ann. § 4303.26 Permit application - transfer of ownership or location - notice to political subdivision
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(A) Applications for regular permits authorized by sections 4303.02 to 4303.23 of the Revised Code may be filed with the division of liquor control. No permit shall be issued by the division until fifteen days after the application for it is filed. An applicant for the issuance o…
Ohio Rev. Code Ann. § 4303.261 Transfers where permit premises located in more than one election precinct

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If a permit issued under this chapter is canceled as the result of an election held under sections 4301.32 to 4301.41 or section 4305.14 of the Revised Code and the permit premises for that permit is in a building located in more than one election precinct, the division of liquor…

Ohio Rev. Code Ann. § 4303.262 Designation of resort area for purposes of issuing D-7 permits

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The department of development shall designate resort areas, certify the geographical limits of such areas, and certify the tourist population of and the custom and habits of the tourists in such areas. The liquor control commission shall give notice as herein provided of public h…

Ohio Rev. Code Ann. § 4303.27 Term of permits - out-of state delivery

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Each permit issued under sections 4303.02 to 4303.232 of the Revised Code shall authorize the person named to carry on the business specified at the place or in the boat, vessel, or classes of dining car equipment described, and shall be issued for one year, or part of one year, …

Ohio Rev. Code Ann. § 4303.271 Permit renewal - political subdivision objection

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(A) Except as provided in divisions (B) and (D) of this section, the holder of a permit issued under sections 4303.02 to 4303.232 of the Revised Code, who files an application for the renewal of the same class of permit for the same premises, shall be entitled to the renewal of t…

Ohio Rev. Code Ann. § 4303.272 Safekeeping of permits

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As used in this section, "incompetent person" means a person who is so mentally impaired, as a result of a mental or physical illness or disability, as a result of an intellectual disability, or as a result of chronic substance abuse, that the person is incapable of taking proper…

Ohio Rev. Code Ann. § 4303.28 Sale of services in connection with the issuing of any permit prohibited

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No person shall sell or offer to sell services or shall solicit or receive anything of value in connection with the issuing of any permit under Chapters 4301. and 4303. of the Revised Code, except on appeal or rehearing. Such chapters do not prevent an applicant for a permit from…

Ohio Rev. Code Ann. § 4303.29 Requirements and restrictions for permit holders

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(A) No permit, other than an H permit, shall be issued to a firm or partnership unless all the members of the firm or partnership are citizens of the United States. No permit, other than an H permit, shall be issued to an individual who is not a citizen of the United States. No p…

Ohio Rev. Code Ann. § 4303.291 D-4 permits not limited

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The issuance of a D-4 permit to a unit of an organization chartered by the congress of the United States or a subsidiary unit of a national fraternal organization, when the parent organization has been in existence for eight years or more at the time application is made for a D-4…

Ohio Rev. Code Ann. § 4303.292 Grounds for refusal to issue, transfer ownership or location or renew permit

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(A) The division of liquor control may refuse to issue, transfer the ownership of, or renew, and shall refuse to transfer the location of, any retail permit issued under this chapter if it finds either of the following:(1) That the applicant, or any partner, member, officer, dire…

Ohio Rev. Code Ann. § 4303.293 Names of persons having a legal or beneficial ownership of the business included in application

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(A) Any person making application concerning a permit to conduct a business for which a permit is required under this chapter shall list on the application the name and address of each person having a legal or beneficial interest in the ownership of the business, including contra…

Ohio Rev. Code Ann. § 4303.30 Duplicate permits for additional fixed counters

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The rights granted by any permit that authorizes on-premises consumption of beer, mixed beverages, wine, or spirituous liquor shall be exercised at not more than two fixed counters, commonly known as bars, in rooms or places on the permit premises, where beer, mixed beverages, wi…

Ohio Rev. Code Ann. § 4303.31 D permits not subject to the population quota restrictions

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(A) Before issuing a D-1, D-2, D-3, D-4, or D-5 permit to an applicant who is not subject to the population quota restrictions contained in section 4303.29 of the Revised Code or in any rule of the liquor control commission, the division of liquor control and the commission both …

Ohio Rev. Code Ann. § 4303.32 Entry into military service

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Notwithstanding sections 4303.02 to 4303.30 of the Revised Code, and any other provision of Chapters 4301. and 4303. of the Revised Code or the rules promulgated by the liquor control commission, when the holder of any permit issued pursuant to sections 4303.02 to 4303.23 of the …

Ohio Rev. Code Ann. § 4303.33 Monthly filing of tax returns with advance payments

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(A) Every A-1 or A-1c permit holder in this state, every bottler, importer, wholesale dealer, broker, producer, or manufacturer of beer outside this state and within the United States, and every B-1 permit holder and importer importing beer from any manufacturer, bottler, person,…

Ohio Rev. Code Ann. § 4303.331 Out-of-state dealers and brokers required to register with tax commissioner

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No permit holder shall purchase and import into this state any beer from any manufacturer, bottler, importer, wholesale dealer, or broker outside this state and within the United States unless and until such manufacturer, bottler, importer, wholesale dealer, or broker registers w…

Ohio Rev. Code Ann. § 4303.332 Tax exemption for A-1c, S-1 permit holders

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(A) Both of the following are exempt from the taxes levied under sections 4301.42 and 4305.01 of the Revised Code on beer sold or distributed in this state: (1) An A-1c permit holder in this state with a total production of beer, wherever produced, that does not exceed nine milli…

Ohio Rev. Code Ann. § 4303.333 Tax exemptions for A-2, A-2f, S-1, and S-2 permit holders

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(A) An A-2 or A-2f permit holder in this state or S-1 or S-2 permit holder whose total production of wine, wherever produced, which but for this exemption is taxable under section 4301.43 of the Revised Code does not exceed five hundred thousand gallons in a calendar year, shall …

Ohio Rev. Code Ann. § 4303.34 G and I permit restrictions on sales

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The sale of alcohol under G and I permits is subject to the following restrictions in addition to those imposed by the rules or orders of the division of liquor control:(A) All sales under such permits shall be made by the licensed pharmacist in charge of the store or by a licens…

Ohio Rev. Code Ann. § 4303.35 Restricting purchase of beer or spirituous liquor for resale

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No holders of retail permits shall purchase any beer subject to the tax imposed by sections 4301.42 and 4305.01 of the Revised Code or any wine or mixed beverage subject to the tax imposed by section 4301.43 of the Revised Code for resale, except from holders of A or B permits.No…

Ohio Rev. Code Ann. § 4303.36 Fines for violations

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Any person who is subject to Chapter 4301., 4303., or 4307. of the Revised Code, in the transportation, possession, or sale of wine or mixed beverages subject to the taxes imposed by section 4301.43 and, if applicable, section 4301.432 of the Revised Code, and who violates any pr…

Ohio Rev. Code Ann. § 4303.37 Prohibited acts

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No person shall violate sections 4303.01 to 4303.37, inclusive, of the Revised Code, for which no penalty is provided.

Ohio Rev. Code Ann. § 4303.40 Notification of filing of complaint

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Any party bringing an action to prohibit the operation of a business under a permit issued under this chapter shall, upon filing the complaint in the action, notify the division of liquor control of the filing of the complaint.

Ohio Rev. Code Ann. § 4303.99 Penalty

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(A) Whoever violates section 4303.28 of the Revised Code shall be fined not less than one thousand nor more than twenty-five hundred dollars or imprisoned not less than six months nor more than one year. (B) Whoever violates section 4303.36 of the Revised Code shall be fined not …

Ohio Rev. Code Ann. § 4305.01 Tax bulk sale or distribution of beer

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For the purpose of reimbursing the state for the expenses of administering Chapters 4301. and 4303. of the Revised Code and to provide revenues for the support of the state, a tax is hereby levied on the sale or distribution in this state of beer, whether in barrels or other cont…

Ohio Rev. Code Ann. § 4305.03 False entry upon invoice or container of beer

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No person shall make any false entry upon an invoice or container of beer when the entry is required to be made under section 4305.01 of the Revised Code, or present any such false entry for the inspection of the tax commissioner.

Ohio Rev. Code Ann. § 4305.04 Hindering inspection of beer premises

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No person shall prevent or hinder the tax commissioner from making a full inspection of any place where beer subject to the tax imposed by section 4305.01 of the Revised Code is sold or stored, or prevent or hinder the full inspection of invoices, books, records, or papers requir…

Ohio Rev. Code Ann. § 4305.08 Beer definition

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As used in sections 4305.11 and 4305.14 of the Revised Code, "beer" has the same meaning as given in division (B)(2) of section 4301.01 of the Revised Code.

Ohio Rev. Code Ann. § 4305.11 Record maintenance and retention

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Every holder of a permit liable for the tax levied under section 4305.09 of the Revised Code shall maintain and keep for a period of three years a record of beer distributed or sold within this state by the permit holder, together with any invoices, records, receipts, bills of la…

Ohio Rev. Code Ann. § 4305.13 Issuance of jeopardy assessment

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(A) If the tax commissioner finds that any permit holder, liable for tax under Chapter 4301., 4305., or 4307. of the Revised Code, is about to depart from the state, remove the permit holder's property from the state, conceal the permit holder's self or property, or do any other …

Ohio Rev. Code Ann. § 4305.131 Assessment of taxes - penalty

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(A) If any permit holder fails to pay the taxes levied by section 4301.42, 4301.43, 4301.432, or 4305.01 of the Revised Code in the manner prescribed by section 4303.33 of the Revised Code, or by section 4301.421 or 4301.424 of the Revised Code in the manner prescribed in section…

Ohio Rev. Code Ann. § 4305.14 Local option election on beer sales by C and D permit holders

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(A) The following questions regarding the sale of beer by holders of C or D permits may be presented to the qualified electors of an election precinct: (1) "Shall the sale of beer as defined in section 4305.08 of the Revised Code under permits which authorize sale for off-premise…

Ohio Rev. Code Ann. § 4305.15 Form of local option petition on beer sales by C and D permit holders

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The petition provided for in section 4305.14 of the Revised Code may consist of one or more separate petition papers. Petitions shall be governed by the rules set forth in section 3501.38 of the Revised Code.

Ohio Rev. Code Ann. § 4305.99 Penalty

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(A) Whoever violates section 4305.03 or 4305.04 of the Revised Code shall be fined not less than twenty-five nor more than one hundred dollars.(B) Whoever violates section 4305.01 of the Revised Code or any rule or regulation promulgated by the tax commissioner under such section…

Ohio Rev. Code Ann. § 4307.01 Bottled beverage tax definitions

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As used in sections 4307.01 to 4307.12 of the Revised Code:(A) "Beer" and "beverages" have the same meaning as given in division (B)(2) of section 4301.01 of the Revised Code.(B) "Person" includes firms and corporations.(C) "Wholesale dealer" includes only those persons who sell …

Ohio Rev. Code Ann. § 4307.04 Administration of tax on sale of bottled beverages

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The tax commissioner shall enforce and administer sections 4301.42, 4301.421, 4301.422, 4301.423, 4301.424, 4303.33, 4303.331, 4305.01, and 4307.01 to 4307.12 of the Revised Code. The commissioner may adopt such rules as are necessary to carry out such sections and may adopt diff…

Ohio Rev. Code Ann. § 4307.05 Tax refunds - tax illegally or erroneously paid

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(A) The tax commissioner shall refund to persons required to pay the tax levied under section 4301.42, 4301.421, 4301.424, 4301.43, 4301.432, 4303.33, or 4305.01 of the Revised Code amounts paid illegally or erroneously or paid on an illegal or erroneous assessment. Applications …

Ohio Rev. Code Ann. § 4307.07 Tax refunds - resales outside the state

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When tax has been paid on bottled beverages and such bottled beverages are sold and shipped in interstate or foreign commerce, or transported by either the purchaser or seller out of the state for the purpose of resale outside the state, the seller in this state is entitled to a …

Ohio Rev. Code Ann. § 4307.08 Duplicate invoice system - freight bills

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When delivering bottled beverages to any person, each manufacturer and wholesale dealer in this state shall make a duplicate invoice showing the date of delivery, the amount and value of each shipment of bottled beverages delivered, and the name of the purchaser to whom delivery …

Ohio Rev. Code Ann. § 4307.09 Seizure and forfeiture of bottled beverages on which tax not paid

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Whenever the tax commissioner or any of his deputies or employees authorized by him for such purpose discover any bottled beverage, subject to tax as provided by section 4301.42 of the Revised Code, and upon which the tax has not been paid, the commissioner, or such deputy or emp…

Ohio Rev. Code Ann. § 4307.11 False entry upon invoice or container of bottled beverage

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No person shall make any false entry upon an invoice, or container of a bottled beverage, required to be made under sections 4307.01 to 4307.12, inclusive, of the Revised Code, or present any such false entry for the inspection of the tax commissioner.

Ohio Rev. Code Ann. § 4307.12 Hindering inspection of bottled beverage premises

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No person shall prevent or hinder the tax commissioner from making a full inspection of any place where bottled beverages, subject to the tax imposed by sections 4307.01 to 4307.12, inclusive, of the Revised Code, are sold or stored, or prevent or hinder the full inspection of in…

Ohio Rev. Code Ann. § 4307.99 Penalty

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(A) Whoever violates sections 4307.01 to 4307.12, inclusive, of the Revised Code, or any rule or regulation promulgated by the tax commissioner under such sections, for the violation of which no penalty is provided, shall be fined not less than twenty-five nor more than one hundr…

Ohio Rev. Code Ann. § 4313.01 Definitions

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As used in this chapter: (A) "Enterprise acquisition project" means, as applicable, all or any portion of the capital or other assets of the spirituous liquor distribution and merchandising operations of the division of liquor control, including, without limitation, inventory, re…

Ohio Rev. Code Ann. § 4313.02 Transfer of enterprise acquisition project to JobsOhio

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(A) The state may transfer to JobsOhio, and JobsOhio may accept the transfer of, all or a portion of the enterprise acquisition project for a transfer price payable by JobsOhio to the state. Any such transfer shall be treated as an absolute conveyance and true sale of the interes…

Ohio Rev. Code Ann. § 4399.02 Liability of owner or lessee for injuries caused by intoxicated person

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The owner of a building or premises, and the person renting or leasing them, if the owner or person knows that intoxicating liquors are to be sold in the building or premises in violation of law is severally or jointly liable with the person selling the intoxicating liquors for a…

Ohio Rev. Code Ann. § 4399.03 Unlawful sale or gift of intoxicating liquors forfeits lease

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The unlawful sale or gift of intoxicating liquors shall forfeit all rights of the lessee or tenant under any lease or contract of rent upon premises where such unlawful sale or gift takes place.

Ohio Rev. Code Ann. § 4399.04 Fines, costs, and damages lien upon the real estate

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Fines, costs, and damages assessed against a person in consequence of the sale of intoxicating liquors, as provided in sections 4399.02 to 4399.08 of the Revised Code, and the penal statutes relating to the sale, shall be a lien upon the real estate of the person. The real estate…