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Updates to Legislation - SB 102

Several Ohio liquor laws are changing as a result of Senate Bill 102. The changes go into effect March 23, 2022. Ohioans will see changes in Sunday sales, charity raffles, and social media advertisements. 

We are providing the below guidance to inform permit holders of the actions required to stay compliant with the law and for consumers to understand what these changes could mean to them.

Individuals are encouraged to review all the information below, including the new law.  The below guidance is NOT intended to be legal advice. If you have specific questions regarding how this law affects your business, you should contact your personal attorney who can best advise you on your specific situation.  If you have additional questions, please email web.liqr@com.state.oh.us.

Advertising 

  • Licensed manufacturers, distributors, trade marketing professionals, solicitors, and brokers (salesperson), as defined, can advertise alcohol beverage promotions on social media, including brand availability and tastings, if the advertising isn’t purchased or targeted to those under the age of 21. See R.C. 4301.245.

Bars and restaurants 

  • Lowers the age from 19 to 18 years old to handle, serve, or sell beer or intoxicating liquor, but not across a bar. See R.C. 4301.22(A)(3).
  • Removes the 30% limitation on gift certificates for liquor sales for consumption on the premise. See R.C. 4301.22(G).
  • Allows bars, restaurants, or nightclubs with qualifying permits to sell cider growlers for consumption off the premises. See R.C. 4303.14.
  • Codifies the hours of sales and consumption from 5:30 a.m. to 2:30 a.m. the following day for all D-5 Class permit holders. See R.C. 4303.18.
    • This change extends the closing time to 2:30 a.m. for the D-5H permit (nonprofit-operated art museums or community theaters) and the D-5K certain botanical gardens), which were previously 1 a.m.  See R.C. 4303.181.

Charities and Fundraisers with Alcohol as a Prize (R.C. 4301.58)

  • Allows IRC Section 527 political organizations or 501(c)(3) charitable organizations to award alcohol without a permit as a prize in a raffle, silent auction, or door prize, as those terms are defined, at a fundraising event. 
  • Beer, wine and mixed low-proof pre-packaged beverages must be purchased from a liquor permit holder, while high-proof spirituous liquor must be purchased from a state liquor agency store in this state.
  • Alcohol beverages may be donated to the organization holding the event but may not be donated by a liquor permit holder or state liquor agency. The political or charitable organization must keep spirituous liquor receipts to prove where the purchase occurred. 
  • Information regarding the purchase of spirituous liquor must be provided to us prior to the event, see our webpage for more details on what information we need and how to notify us.

Designated Outdoor Refreshment Areas (R.C. 4301.82)

  • Communities with a population of 50,000 or less can now create up to three DORAs.  Each DORA cannot be more than 320 acres in size. Each DORA needs a minimum of two qualifying liquor permit holders at the time of creation. 
  • Communities with a population exceeding 50,000 can now create up to six DORAs.  Each DORA cannot be more than 640 acres in size. Each DORA needs a minimum of four qualifying liquor permit holders at the time of creation.

Sunday Sales

  • A D-6 permit is still required to sell intoxicating liquor on Sunday, but retail permit holders or agency stores with Sunday privileges can now sell alcohol products on Sunday during the same hours that they can sell Monday through Saturday. See R.C. 4303.182(N) R.C. 4301.172.
  • Changes how and when Sunday sales questions get placed on the ballot. Contact your local Boards of Elections regarding specifics since we do not administer elections. See Local Option laws in R.C. 4301.33 et seq.

Temporary Expansions

  • Removes micro-distilleries (A-3a permit) from eligibility.
  • Requires alcohol to be served by the permit holder or the holder’s employees in the expanded outdoor area.

Temporary Permits for non-profit special events

  • Eliminates the ability for large out-of-state wineries to sell at farmers markets under the F-10 permit. Also allows small farm wineries (A-2f permit) to sell their wine at those events. See R.C. 4303.2010.
  • Allows Sunday sales under temporary permits in an area that’s Dry for Sunday sales, if the permit includes other days of that week. See R.C. 4303.191.

Homebrewing Events (R.C. 4301.201)

  • Homebrewing events can now take place at the premises of a small brewery, winery, micro-distillery, or private club. Such events are not open to the public.
  • Those liquor permit holders hosting, sponsoring, or conducting an event must suspend their permit privileges in the event area throughout its duration, keep homebrewer products separate from their own products in storage, and notify us and the Ohio Investigative Unit no later than 10 days prior to the event. Please visit our webpage for more information about what you must send us and where to send it to.
  • Liquor permit holders cannot charge an entry fee to taste the homemade beer or wine at events they host. They also cannot acquire an ownership interest in any homemade beer or wine served.