(A) The following
definitions apply to this rule:
(1) "Consumer
Product Instruction", means a pre-scheduled organized event during which a
manufacturer, supplier, broker, wholesale distributor, or their registered
solicitor provides the public with one or more alcoholic beverages for the
purpose of providing consumer instruction on the quality and characteristics of
the beverage or beverages provided.
(2) "Sample Serving", sometimes referred to
as "Trade Spending" or "Bar Spending", means an alcoholic beverage which is
provided by a manufacturer, supplier, broker, wholesale distributor or their
registered solicitors to one or more customers in a retail permit premises
licensed for on-premises consumption, when the beverage is not provided for the
purpose of "Consumer Product Instruction."
(B) A manufacturer, supplier, broker,
wholesale distributor, or their registered solicitor may conduct "Consumer
Product Instruction" at a retail permit premises licensed for on-premises
consumption during normal business hours, but not to exceed two hours in
length, subject to the following requirements:
(1) The alcoholic beverages featured in the
"Consumer Product Instruction" must be products:
(a) That are registered for sale in Ohio,
(b) That the permit holder is
authorized to sell for on-premises general consumption pursuant to its liquor
permit,
(c) That the permit holder
has purchased lawfully, and,
(d)
That the permit holder has in stock.
(2) The manufacturer, supplier,
broker,
wholesale distributor, or their registered
solicitor shall purchase the alcoholic beverage used in the "Consumer Product
Instruction" from the retail permit holder. The price paid for the alcoholic
beverage shall not exceed the price listed on the retail permit holder's
schedule of prices, as required under rule
4301:1-1-50
of the Administrative Code.
(3) A
consumer may be furnished up to two servings of the below beverages as part of
a "Consumer Product Instruction" event, and each serving shall be limited to
the following quantities:
(a) Spirituous
liquor: Not more than 1.5 ounces,
(b) Mixed beverages: Not more than four
ounces,
(c) Wine: Not more than
four ounces, and,
(d) Beer: Not
more than twelve ounces.
(4) No manufacturer, supplier, broker,
wholesale distributor, or their registered solicitor, or any permit holder
shall identify a retail permit premises in any off-premises advertising for any
"Consumer Product Instruction."
(5) No manufacturer, supplier, broker,
wholesale distributor, or their registered solicitor shall compensate or agree
to compensate the permit holder, nor shall the permit holder accept or agree to
accept compensation for the granting of permission to hold or for the
performance of "Consumer Product Instruction."
(C) In addition to conducting "Consumer
Product Instruction," a manufacturer, supplier, broker, wholesale distributor,
or their registered solicitor may provide customers in a retail permit premises
licensed for on-premises consumption with "Sample Servings" of the
manufacturer's, supplier's, broker's or wholesale distributor's products,
subject to the following requirements:
(1)
The provision of a "Sample Serving" is not contingent upon the purchase of any
other alcoholic beverage.
(2) The
"Sample Serving" must be a product:
(a) That
is registered for sale in Ohio,
(b) That the permit holder is authorized to
sell for on-premises general consumption pursuant to its liquor permit,
(c) That the permit holder has
purchased lawfully, and,
(d) That
the permit holder has in stock.
(3) The manufacturer, supplier,
broker,
wholesale distributor, or their registered
solicitor shall purchase the "Sample Serving" from the retail permit holder.
The price paid for the "Sample Serving" shall not exceed the price listed on
the retail permit holder's schedule of prices, as required under rule
4301:1-1-50
of the Administrative Code.
(4) A
consumer may be furnished up to two "Sample Servings" of the below beverages
during a twenty-four hour period, and each "Sample Serving" shall be limited to
the following quantities:
(a) Spirituous
liquor: Not more than 1.5 ounces,
(b) Mixed beverages: Not more than four
ounces,
(c) Wine: Not more than
four ounces, and,
(d) Beer: Not
more than twelve ounces.
(D) The manufacturer, supplier, broker,
wholesale distributor or their registered solicitor and the retail permit
holder or their agent and/or employee shall be responsible for any violations
of Chapters 4301. and 4303. of the Revised Code, or rules promulgated
thereunder in engaging in the activities authorized by this rule.
