2006 Ohio Revised Code - [4303.18.4] 4303.184.D-8 permit for sale of tasting samples.

[§ 4303.18.4] § 4303.184. D-8 permit for sale of tasting samples.
 

(A)  Subject to division (B) of this section, a D-8 permit may be issued to the holder of a C-1, C-2, or C-2x permit issued to a retail store that has either of the following characteristics: 

(1) The store has at least five thousand five hundred square feet of floor area, and it generates more than sixty per cent of its sales in general merchandise items and food for consumption off the premises where sold. 

(2) Wine constitutes at least sixty per cent of the value of the store's inventory. 

(B)  A D-8 permit may be issued to the holder of a C-1, C-2, or C-2x permit only if the premises of the permit holder are located in a precinct, or at a particular location in a precinct, in which the sale of beer, wine, or mixed beverages is permitted for consumption off the premises where sold. Sales under a D-8 permit are not affected by whether sales for consumption on the premises where sold are permitted in the precinct or at the particular location where the D-8 premises are located. 

(C)  The holder of a D-8 permit may sell tasting samples of beer, wine, and mixed beverages, but not spirituous liquor, at retail, for consumption on the premises where sold in an amount not to exceed two ounces or another amount designated by rule of the liquor control commission. A tasting sample shall not be sold for general consumption. No D-8 permit holder shall allow any authorized purchaser to consume more than four tasting samples of beer, wine, or mixed beverages, or any combination of beer, wine, or mixed beverages, per day. 

(D)  The privileges authorized under a D-8 permit may only be exercised in conjunction with and during the hours of operation authorized by a C-1, C-2, C-2x, or D-6 permit. 

(E)  A D-8 permit shall not be transferred to another location. 

(F)  The fee for the D-8 permit is five hundred dollars. 

(G)  The holder of a D-8 permit shall cause an independent audit to be performed at the end of the first full year of operation following issuance of the permit, and at the end of each second year thereafter, in order to verify that the permit holder satisfies the applicable requirement of division (A)(1) or (2) of this section. The permit holder shall transmit the results of the independent audit to the division of liquor control. If the results of the audit indicate noncompliance with division (A) of this section, the division shall not renew the D-8 permit of the permit holder. 
 

HISTORY: 148 v S 262 (Eff 4-9-2001); 149 v H 371. Eff 10-11-2002; 150 v H 95, § 1, eff. 9-26-03.
 

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

 

Effect of Amendments

H.B. 95, Acts 2003, effective September 26, 2003, in (F), substituted "five" for "two," and deleted "fifty" preceding "dollars."