Ohio Admin. Code 4301-2-01 - Registered solicitors
(A) Registration of individuals soliciting
permit holders.
(1) Any manufacturer,
supplier, wholesale distributor, or
broker, or a trade marketing company, of beer,
wine, or mixed beverages, which products
that are to be sold or made in the state of Ohio,
who is licensed or otherwise authorized to do business in Ohio, may employ
individuals to serve as agents, solicitors, trade marketing professionals, or
salespersons to solicit Ohio liquor permit holders. Any individual acting as
such an agent, solicitor, trade marketing professional, or salesperson shall be
required to register with the division every two years upon the anniversary of
the individual's date of registration. The individual shall submit a
registration form provided by the division for that purpose. Registered
solicitors shall, from time to time, furnish additional information as the
division may desire. The registration form must be accompanied by a letter from
the manufacturer, supplier, wholesale distributor, or broker of the product, or the trade marketing company stating that the
individual desiring to be registered is authorized to
represent the brand
in its employ, and
setting out the nature of the individual's duties in the state of
Ohio.
(2) Upon receipt of the
registration form, the division may, in its discretion, issue credentials
authorizing the individual to act as a registered solicitor in accordance with
Chapters 4301. and 4303. of the Revised Code, and rules adopted thereunder. If
the division refuses to issue credentials, it shall notify the applicant, in
writing and within thirty days not including Saturdays, Sundays, or holidays of
receipt of the registration form as to the grounds for refusal. Refusal to
issue credentials may be appealed to the liquor control commission pursuant to
section
4301.28
of the Revised Code.
(3) A
manufacturer, supplier, wholesale distributor, or broker of beer, wine, or
mixed beverages, may provide samples of its beer, wine, and mixed beverage
products, which are registered for sale in Ohio, directly to its registered
solicitors for distribution in accordance with rule
4301:1-1-32 of the
Administrative Code.
(4) Upon
termination of employment of a registered solicitor, the employer shall notify
the division in writing and within fifteen days of the termination. The
registered solicitor must immediately return the credentials and any samples in
the solicitor's possession to the employer, who shall forward the credentials
to the division within fifteen days of the termination.
(5) Permit holders may inspect the registered
solicitor's credentials before placing an order to purchase with
them.
(6) Registered solicitors may
only solicit orders on behalf of the employer identified on their
credentials.
(B)
Registration of individuals soliciting the division or permit holders.
(1) Any manufacturer, supplier, or broker of
spirituous liquor, or a trade marketing company,
who is licensed or otherwise authorized to do business in Ohio, who is doing or
attempting to do business with the division or solicit Ohio liquor permit
holders, may employ individuals to serve as agents, solicitors, trade marketing
professionals, or salespersons. Any individual acting as such an agent,
solicitor, trade marketing professional, or salesperson shall be registered by
their employer every two years upon the anniversary of the individual's date of
registration. The individual shall submit a registration form provided by the
division for that purpose. Registered solicitors shall, from time to time,
furnish additional information as the division may desire.
(2) Upon receipt of the registration form,
the division may, in its discretion, issue credentials authorizing the
individual to act as a registered solicitor in accordance with Chapters 4301.
and 4303. of the Revised Code and rules adopted thereunder. If the division
refuses to issue credentials, it shall notify the applicant, in writing and
within thirty days not including Saturdays, Sundays, or holidays of receipt of
the registration form as to the grounds for refusal. Refusal to issue
credentials may be appealed to the liquor control commission pursuant to
section
4301.28
of the Revised Code.
(3) Upon
application and with the written consent of the division, samples of spirituous
liquor may be delivered to a registered solicitor in care of the division under
conditions imposed by the division. The division shall record receipt of
samples. Only the registered solicitor named on the application and consented
to by the division may withdraw samples. The registered solicitor shall
acknowledge receipt of any sample.
(4) Upon termination of employment of a
registered solicitor, the employer shall notify the division in writing and
within fifteen days of the termination. The registered solicitor must
immediately return the credentials to the employer, who shall forward the
credentials to the division within fifteen days of the termination.
(5) Permit holders may inspect the registered
solicitor's credentials before placing an order to purchase with
them.
(6) Registered solicitors may
only solicit orders on behalf of the employer identified on their
credentials.
Notes
Promulgated Under: 119.03
Statutory Authority: 4301.021, 4303.25
Rule Amplifies: 4301.021, 4301.10, 4303.25
Prior Effective Dates: 12/24/1959, 12/31/1998, 09/01/2003, 06/01/2016
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