2006 Ohio Revised Code - 4301.19. Restrictions on sale of spirituous liquor; ordering liquor not in stock.

§ 4301.19. Restrictions on sale of spirituous liquor; ordering liquor not in stock.
 

The division of liquor control shall sell spirituous liquor only, whether from a warehouse or from a state liquor store or agency store. All sales shall be in sealed containers and for resale as authorized by this chapter and Chapter 4303. of the Revised Code or for consumption off the premises only. Except as otherwise provided in this section, sale of containers holding one-half pint or less of spirituous liquor by the division shall be made at retail only, and not for the purpose of resale by any purchaser, by special order placed with a state liquor store or agency store and subject to rules established by the superintendent of liquor control. The division may sell at wholesale spirituous liquor in fifty milliliter sealed containers to any holder of a permit issued under Chapter 4303. of the Revised Code that authorizes the sale of spirituous liquor for consumption on the premises where sold. A person appointed by the division to act as an agent for the sale of spirituous liquor pursuant to section 4301.17 of the Revised Code may provide and accept gift certificates and may accept credit cards and debit cards for the retail purchase of spirituous liquor. Deliveries shall be made in the manner the superintendent determines by rule. 
 

If any person desires to purchase any variety or brand of spirituous liquor which is not in stock at the state liquor store or agency store where the variety or brand is ordered, the division shall immediately procure the variety or brand. The purchaser shall be immediately notified upon the arrival of the spirituous liquor at the store at which it was ordered. Unless the purchaser pays for the variety or brand and accepts delivery within five days after the giving of the notice, the division may place the spirituous liquor in stock for general sale. 
 

HISTORY: GC § 6064-12; 115 v PtII, 118, § 12; 117 v 628; Bureau of Code Revision, 10-1-53; 128 v 1282 (Eff 10-23-59); 129 v 1211 (Eff 10-7-61); 142 v H 562 (Eff 6-29-88); 146 v S 162 (Eff 7-1-97); 147 v H 215. Eff 6-30-97; 150 v H 95, § 1, eff. 9-26-03; 150 v H 306, § 1, eff. 7-23-04.
 

The effective date is set by section 179 of H.B. 95 (150 v  - ). 

 

Effect of Amendments

150 v H 306, effective July 23, 2004, inserted "or agency story" three times throughout the section; deleted "retail" following "placed with a state" in the first paragraph; and, in the final paragraph, deleted "after a reasonable deposit is made by the purchaser in such proportion of the approximate cost of the order as is prescribed by the rules of the superintendent" from the end of the first sentence, and "and the deposit of the purchaser shall be forfeited" from the end of the last sentence. 

H.B. 95, Acts 2003, effective September 26, 2003, in the introductory paragraph, substituted "this chapter" for "Chapters 4301," "any holder of a permit issued under Chapter 4303" for "hotels that sell spirituous liquor by means of a controlled access alcohol and beverage cabinet in accordance with division (B) of section 4301.21," and "that authorizes the sale of spirituous liquor for consumption on the premises where sold" for "but only for purposes of resale by the hotel in sealed containers by means of a controlled access alcohol and beverage cabinet"; in the final paragraph, substituted "variant or brand" for "same" three times, "person desires" for "persons desire," and made minor stylistic changes.