This rule is being adopted in order to comply with the mandate
of Amended Substitute House Bill 405 of the 118th General Assembly to limit the
time, place, and scope of warrantless administrative inspections of all liquor
permit premises, by authorized agents or employees of the division of liquor
control, the department of public safety, or by any peace officer, as this term
is defined in section
2935.01
of the Revised Code.
Warrantless administrative inspections may be conducted by
authorized agents or employees of the division of liquor control, the
department of public safety, or peace officers as defined in section
2935.01
of the Revised Code subject to the following limitations as to time, place, and
scope:
(A) Inspections shall be
conducted for the limited purpose of determining compliance with the provisions
of the liquor control act and the rules of the liquor control commission or the
division of liquor control.
(B)
Inspections may be conducted only during those hours in which the permit holder
is open for business and only by authorized agents of the division of liquor
control, the department of public safety, or by any peace officer, as this term
is defined in section
2935.01
of the Revised Code. Inspections may be conducted at other times only if it
reasonably appears that all or part of the permit premises is in
operation.
(C) Inspections shall be
conducted on that portion of the premises that is included as part of the
licensed premises. The licensed premises shall be determined by the most
current sketch of the premises on file with the division of liquor control.
Additionally, the licensed premises shall include any part of that building or
any other building connected with the licensed premises by direct access or by
a common entrance and being used as a subterfuge or means of evading the
provisions of Title XLIII of the Revised Code, the rules of the commission, or
the division. The changing or alteration of what constitutes the licensed
premises shall be governed by the provisions of rule
4301-1-02
of the Administrative Code.
(D)
This provision for warrantless administrative inspections includes, but is not
limited to, the search and seizure of materials in locked closets, filing
cabinets, cellars, attics, storage rooms, desks, and safes located on the
licensed premises
and electronic devices, such as,
DVRs, security cameras, and point of sale systems, so long as there is
reasonable suspicion that evidence of violation of the liquor control act, the
rules of the liquor control commission, or the rules of the division of liquor
control will be found therein. Such materials shall include books and records,
wherever they may be found on the premises. Nothing in this rule shall be
construed to contravene the plain view doctrine. In addition, any part of any
other building connected with the licensed premises by direct access or by a
common entrance and being used as a subterfuge or means of evading the
provisions of Title XLIII of the Revised Code, the rules of the commission, or
the rules of the division of liquor control will be subject to the same
inspection. It shall be within the discretion of the liquor control commission
or any court of competent jurisdiction to determine whether the right to
inspect was based on reasonable suspicion that evidence of violations of the
liquor control act, rules of the liquor control commission, or division of
liquor control would be found in said licensed premises.
Notes
Ohio Admin. Code 4301:1-1-79
Effective:
10/25/2021
Five Year Review (FYR) Dates:
7/6/2021 and
10/25/2026
Promulgated
Under:
119.03
Statutory Authority:
4301.03
Rule Amplifies:
4301.10(A)(1),(4),(6),(7),(9)
Prior Effective Dates: 03/01/1993, 07/01/2001,
08/07/2006
