This rule reflects the policy and intent of the commission to
maintain effective control over the sale and distribution of beer, an alcoholic
beverage, and to prevent abuses caused by the disorderly and unregulated sale
of beer. Mandatory price markups: prevent aggressive sales practices that
improperly stimulate purchase and consumption, thereby endangering the state's
efforts to promote responsible, and discourage intemperate, consumption of
alcoholic beverages; eliminate discriminatory sales practices that threaten the
survival of wholesale distributors and retail permit holders; preserve orderly
competition; ensure fair prices over the long term; assure adequate consumer
choice; and promote compliance with Ohio law and rule.
(A) This rule shall apply to all retail sales
of beer, not for consumption on the premises where sold and in sealed
containers, by A-1, A-1A, B-1, C-1, C-2X, D-1, D-2X or D-5 permit
holders.
(B) The minimum retail
selling price of beer, whether by the bottle, can, case, or keg, shall be
determined in the following manner:
(1) The
minimum retail selling price for retail sales made by a manufacturer shall be
computed by adding a minimum markup of not less than twenty-five percent to the
wholesale invoice price for sales by the manufacturer to retail permit holders
for the same product and brand in the same size container.
(2) The minimum retail selling price for
retail sales made by a wholesale distributor shall be computed by adding a
minimum markup of not less than twenty-five percent to the wholesale invoice
price for sales by the wholesale distributor to retail permit holders for the
same product and brand in the same size container.
(3) The minimum retail selling price for
retail sales made by a retail permit holder shall be computed by adding a
minimum markup of not less than twenty-five percent to the wholesale invoice
price to them for that product and brand in the same size container,
(4) Deposit charges for the bottle, can,
case, or keg shall not be included as part of the cost or included in any
computation for determining the minimum retail selling price with respect to
any class of liquor permit holders.
(5) The minimum retail selling price of beer
packaged by the manufacturer to be sold as an individual sealed container shall
be computed, to the nearest cent, by dividing the number of individual sealed
containers in an original shipping carton or case into the minimum retail
selling price, as computed herein, for that shipping carton or case.
(6) Beer packaged by the
manufacturer to be sold as part of a multiple-container package may not be
repackaged or split apart.
(C)
Except as
otherwise provided in this paragraph, beer packaged by the manufacturer to be
sold as part of a multiple-container package may not be repackaged or split
apart by a retail permit holder into smaller, multiple-container packages of
the same brand.
(1)
When not prohibited by the manufacturer, individual
containers of beer purchased as part of a multiple-container package may be
sold as individuals.
(2)
When not prohibited by the manufacturer, a retail
permit holder may sell beer in packages containing two or more brands,
otherwise known as "mix and match," provided the products contained in the
package are selected by the consumer and the minimum markup requirement is met
for each container in the "mix and match" package.
Notes
Ohio Admin. Code 4301:1-1-72
Five Year Review (FYR) Dates:
1/30/2019 and
01/30/2024
Promulgated
Under: 119.03
Statutory
Authority: 4301.03
Rule
Amplifies: 4301.03,
4301.041
Prior
Effective Dates: 01/01/1974, 06/20/2002, 08/27/2007,
02/25/2013
Effective:
2/25/2013
R.C. 119.032 review dates:
11/28/2012 and
02/14/2018
Promulgated
Under: 119.03
Statutory Authority: 4301.03
Rule
Amplifies: 4301.03, 4301.041
Prior Effective Dates: 1/1/74, 6/20/02,
8/27/07
