Ohio Admin. Code 4301:1-1-44 - Advertising
(A) Definitions.
For purposes of this rule:
(1)
"Advertisement" means any written or verbal statement, illustration, or
depiction created to induce sales through a combination of letters, pictures,
objects, lighting effects, illustrations, or other similar means.
"Advertisement" does not include a label on an alcoholic beverage
container.
(2) "Sign" means a
lettered board or placard placed in the interior of or in the exterior windows
of a permit premises to advertise the business transacted within or the
alcoholic beverages sold by the permit holder, by displaying the brand name,
trade name, designation, or other emblem indicating the manufacturer, supplier,
or wholesale distributor of such alcoholic beverages.
(B) Manufacturers, suppliers, and wholesale
distributors of alcoholic beverages, and retail permit holders are permitted to
advertise their products in Ohio via print or electronic media or signage.
Advertisements may include the retail price of alcoholic beverages.
(C) Manufacturers and suppliers of spirituous
liquor may advertise their products in Ohio, and such advertisements may
contain the statement that spirituous liquor may be purchased in original
containers for consumption off the premises where sold, together with the
prices established and published by the division.
(D) Prohibited and permitted activities.
(1) No billboard advertisement of any brand
of alcoholic beverage is permitted within five hundred feet of any church,
school, or public playground. No advertisement shall be permitted on any public
or non-public elementary or secondary school property.
(2) No advertisement shall condone or
encourage excessive use of alcoholic beverages, nor shall any advertising
portray intoxication.
(3) No
advertisement shall represent, portray, or make any reference to
children.
(4) No advertisement
shall represent, portray, or make any reference to Santa Claus.
(5) Manufacturers, suppliers, and wholesale
distributors of alcoholic beverages may send direct mail advertisements to a
retail permit holder or the general public. In the use of direct mail
advertisements, manufacturers, suppliers, and wholesale distributors may refer
to retail prices.
(6) The
advertisement of any alcoholic beverage shall not contain any statement that is
false or untrue in any material particular, or that, irrespective of falsity,
directly, or by ambiguity, omission, or inference, or by the addition of
irrelevant, scientific, or technical matter tends to create a misleading
impression.
(E) Unless
otherwise permitted, no manufacturer, supplier, or wholesale distributor of
alcoholic beverages may sponsor or participate in any advertising for or with
any retail permit holder.
(F)
Except as provided for in this paragraph, no manufacturer, supplier, or
wholesale distributor of alcoholic beverages shall state in any way or give the
name or address of any permit holder where the alcoholic beverages handled by
such manufacturer, supplier, or wholesale distributor may be obtained or
purchased. A manufacturer, supplier, or wholesale distributor may state or give
the name or address of a permit holder where the alcoholic beverages handled by
such manufacturer, supplier, or wholesale distributor may be obtained or
purchased when the manufacturer, supplier, or wholesale distributor meets all
of the following requirements. The manufacturer, supplier, or wholesale
distributor:
(1) Is responding to a direct
inquiry from a consumer received by telephone, mail, an electronic inquiry, or
in person.
(2) Provides the names
of two or more unaffiliated retail permit holders.
(3) Provides written text only, graphics or
images being prohibited.
(4) Lists
only the following information about the unaffiliated retail permit holders:
the name of the retail permit holder, the permit premises address, web site
address, electronic mail address, and telephone number.
(5) Provides no other information about the
retail permit holders. This prohibition includes but is not limited to product
prices,
or a
description of the retail permit holder's services,
and links to a retail permit holder's web site.
(6) Provides the information on each retail
permit holder in identical format, and
(7) Pays all costs for the production of the
provision of the information. The manufacturer, supplier, or wholesale
distributor may not accept compensation or any other thing of value for the
provision of the information.
(G) Signs or advertisements on a permit
premises.
(1) Electric or neon signs,
advertising any individual brand of alcoholic beverage, may be displayed in the
exterior windows or interior of any retail permit premises, provided that not
more than two such signs may be displayed in all of the exterior windows of the
retail permit premises.
(2) Signs
or advertisements, other than electric or neon, advertising an individual brand
of alcoholic beverage, may be displayed within the permit premises or in the
exterior windows of a retail permit premises without limitation as to size or
number.
Notes
Promulgated Under: 119.03
Statutory Authority: 4301.03
Rule Amplifies: 4301.03(B), 4301.03(E), 4301.22, 4301.24
Prior Effective Dates: 07/05/1950, 09/20/1984, 04/16/1988, 01/10/1999, 07/01/2001, 06/04/2004
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