Ohio Admin. Code 4301-3-01 - Purchases of spirituous liquor by permit holders
(A) No permit holder authorized to sell
spirituous liquor within the state shall either directly or indirectly,
personally or through any agent, employee, or other person, purchase spirituous
liquor for resale from other than a state liquor store or state liquor agency
at wholesale, except pursuant to express written consent of the
division.
(B) Retail permit holders
may authorize agents to make purchases of spirituous liquor. Any person
authorized to purchase spirituous liquor at wholesale at a state liquor store
or state liquor agency may designate any individual of lawful age to act as
their agent in making such purchase, provided that the agent shall have no
connection with a manufacturer or registered solicitor of spirituous liquor.
The agent shall have the authority to fill out and sign the prescribed form or
purchase order for the spirituous liquor for and on behalf of the purchaser and
receive the spirituous liquor specified in the form or purchase order. The
agent shall be subject to the provisions of section
4301.69
of the Revised Code of Ohio.
(C)
The division will sell spirituous liquor at wholesale to all permit holders
authorized to sell spirituous liquor within the state pursuant to division
(B)(4) of section
4301.10
of the Revised Code. Permit holders must purchase spirituous liquor from the
division, or a person authorized to sell spirituous liquor to permit holders
pursuant to express written consent of the division, and make payment by cash,
certified check, check, money order, or electronic funds transfer (EFT), as
that term is defined in paragraph (A) of rule
4301-9-01
or the Administrative Code.
(D)
Wholesale and retail spirituous liquor prices.
(1) The base retail selling price per case of
spirituous liquor shall be computed as follows: The division shall add to the
manufacturer's or supplier's quoted total invoice cost per case, which is
delivered to and available for purchase at a bailment warehouse, a trucking
charge per case. The trucking charge per case is charged by the carrier under
contract with the division to transport these goods to state liquor stores or
state liquor agencies. The division will then increase that figure by a
percentage factor that represents the division's total operating costs as a per
cent of the division's gross liquor sales dollars. The division shall divide
this resulting figure by 0.7 to represent a retail accounting method markup of
30.0 per cent. To the new resulting figure, the division shall add a sum based
on bottle size and state liquor gallonage tax as required by section
4301.12
of the Revised Code. The division will increase the resulting figure by a 5.0
per cent surcharge to arrive at the base retail selling price per
case.
(2) The base retail selling
price per bottle of spirituous liquor shall be computed as follows: The
division shall divide the base retail selling price per case by the number of
bottles per case. The division will then round that figure upward to the next
higher whole cent. The resulting figure will be the base retail selling price
per bottle.
(3) The retail selling
price of spirituous liquor shall be computed as follows: The division shall add
state and local sales and excise taxes to the base retail selling price. The
resulting figure will be the retail selling price.
(E) The division shall not purchase any
spirituous liquor from any manufacturer, supplier, broker, or registered
solicitor, or from any other person, firm, or corporation for sale or
distribution through the state liquor stores or state liquor agencies unless
the spirituous liquor is in conformity with the standards of ingredients and
methods of manufacture, capacity, and form of packages as set forth by the
rules, regulations, and laws of the state of Ohio and the United States. To
further insure conformity with such standards as to ingredients, methods of
manufacture, capacity, and form of packages, each manufacturer, supplier,
broker, or registered solicitor, or any other person, firm, or corporation
proposing to sell any such items to the division shall submit, without cost a
federal certificate of label approval.
(1) To
insure the continued quality of spirituous liquor in compliance with existing
laws and regulations, the superintendent may, upon request and without cost to
the division at any time it is deemed necessary or advisable, withdraw samples
of spirituous liquor from existing inventories in state liquor stores, state
liquor agencies, or warehouses for analysis.
(2) Manufacturers, suppliers, brokers, or
registered solicitors of spirituous liquor shall notify the division and
provide, without cost to the division, a new federal certificate of label
approval whenever they change the formula of a product available for sale in
Ohio.
(F) Inspection of
shipment. All shipments of spirituous liquor consigned to the division shall be
inspected by the division within thirty days after said shipments are delivered
to the state liquor stores or state liquor agencies. The division shall notify
the manufacturer, supplier, broker, or registered solicitor of breakage or
shortage not later than sixty days after delivery of such merchandise to the
state liquor store or state liquor agency.
(G) Disposition of spirituous liquor after
revocation, refusal to renew, or cancellation of a permit. In the event a
permit is revoked or canceled by the liquor control commission, or the division
refuses to renew the permit, the former permit holder may sell unopened bottles
or containers of spirituous liquor located on the premises to a permit holder
who is authorized to purchase or sell spirituous liquor. Such sale must be made
at the current wholesale price and with the prior written consent and approval
of the superintendent.
(H)
State liquor agencies may deliver spirituous liquor
to permit holders authorized to sell spirituous liquor.
Delivery of spirituous liquor.
(1)
The division or a
state liquor agency may deliver spirituous liquor in original sealed containers
to permit holders authorized to sell spirituous liquor.
(2)
The division or a
state liquor agency, with written consent of the division, may deliver
spirituous liquor in original sealed containers to personal consumers in this
state who have purchased the spirituous liquor from the division or that state
liquor agency.
(I)
In accordance with paragraph (B) of rule
4301-2-01
of the Administrative Code, individuals may register to receive credentials to
solicit the division or permit holders. Persons issued such credentials may
conduct tastings in accordance with rule
4301:1-1-30
of the Administrative Code or section
4301.171
of the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4301.021, 4301.19
Rule Amplifies: 4301.021, 4301.10, 4301.19
Prior Effective Dates: 12/24/1959, 12/31/1998, 09/01/2003, 06/01/2016, 02/01/2017
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