Ohio Admin. Code 4301-9-01 - Electronic funds transfers: requirement and prohibitions
(A) For purposes of
this rule, "Electronic Funds Transfer" or "EFT" means a transfer of funds
initiated through an electronic device for the purpose of ordering,
instructing, or authorizing a financial institution to debit or credit an
account.
(B) In accordance with
section
4301.24
of the Revised Code, which prohibits the purchase of beer, wine, or mixed
beverages at wholesale on credit, purchases of beer, wine, or mixed beverages
at wholesale may be paid for by cash, check, debit card, credit card, money
order, or electronic funds transfer.
(C) Electronic funds transfers are
permissible under the following conditions:
(1) Any agreement to engage in EFT for the
payment of beer, wine, or mixed beverages between manufacturers, wholesale
distributors, or retail permit holders must be voluntary and must be in
writing. No manufacturer, wholesale distributor, or retail permit holder may
refuse to do business with or otherwise limit business with another
manufacturer, wholesale distributor, or retail permit holder for declining to
engage in EFT as payment for beer, wine, or mixed beverages.
(2) In a transaction where EFT is to be the
form of payment, such fact shall be noted on the invoice at the time of
delivery, acknowledged in writing by the purchaser or their agent, and shall
constitute an irrevocable promise to pay. All parties to EFT transactions will
maintain records of the transactions for two years from the date of the
transactions, and make the records available for inspection by the division,
upon request.
(3) Initiation of the
electronic transfer of funds must occur on or before the next available
business day after the delivery of the product.
(4) Any EFT transaction that is not completed
due to insufficient funds is subject to the provisions of paragraph (I) of rule
4301:1-1-43
of the Administrative Code.
(5)
Each party engaging in EFT must pay their own costs associated with
EFT.
(6) No manufacturer, wholesale
distributor, or retail permit holder may require the party with whom they are
engaging in EFT to use software or hardware that are specific to either
party.
Notes
Promulgated Under: 119.03
Statutory Authority: 4301.021
Rule Amplifies: 4301.10, 4301.24
Prior Effective Dates: 09/01/2003, 06/01/2016
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