(A) Permit required.
(1) No person personally or by the person’s clerk, agent, or employee, shall manufacture, manufacture for sale, offer, keep, or possess for sale, furnish, or sell, or solicit the purchase or sale of any beer or intoxicating liquor in this state, or transport, import, or cause to be transported or imported any beer, intoxicating liquor, or alcohol in or into this municipality for delivery, use or sale, unless the person has fully complied with R.C. Chs. 4301 and 4303 or is the holder of a permit issued by the State Liquor Control Commission and in force at the time.
(2) No manufacturer, supplier, wholesale distributor, broker, or retailer of beer or intoxicating liquor, or other person shall employ, retain, or otherwise utilize any person in this state to act as an employee, agent, solicitor, or salesperson, or act in any other representative capacity to sell, solicit, take orders, or receive offers to purchase or expressions of interest to purchase beer or intoxicating liquor from any person, at any location other than a liquor permit premises, except as specifically authorized by R.C. Ch. 4301 or R.C. Ch. 4303 or rules adopted thereunder. No function, event, or party shall take place at any location other than a liquor permit premises where any person acts in any manner to sell, solicit, take orders, or receive offers to purchase or expressions of intent to purchase beer or intoxicating liquor to or from any person, except as specifically authorized by R.C. Ch. 4301 or R.C. Ch. 4303 or rules adopted thereunder.
(R.C. § 4303.25)
(B) Activities prohibited without permit.
(1) As used in this division (B):
CHARITABLE ORGANIZATION. An organization described under section 501(c)(3) of the Internal Revenue Code and exempt from federal income taxation under section 501(a) of the Internal Revenue Code.
FUNDRAISER. Means a raffle, silent auction, or event where a door prize is awarded.
POLITICAL ORGANIZATION. Means a political organization defined under § 527 of the Internal Revenue Code.
RAFFLE. Means a raffle conducted in accordance with R.C. Chapter 2915.
SILENT AUCTION. Means a method of submitting bids in writing by one or more persons and, after a review of all the bids received, personal property is awarded to the highest and most responsive bidder.
(2) No person, personally or by the person's clerk, agent, or employee, who is not the holder of an A permit issued by the Ohio Division of Liquor Control, in force at the time, and authorizing the manufacture of beer or intoxicating liquor, or who is not an agent or employee of the Division authorized to manufacture such beer or intoxicating liquor, shall manufacture any beer or intoxicating liquor for sale, or shall manufacture spirituous liquor.
(3) No person, personally or by the person's clerk, agent, or employee, who is not the holder of an A, B, C, D, E, F, G, I, or S permit issued by the Division, in force at the time, and authorizing the sale of beer, intoxicating liquor, or alcohol, or who is not an agent or employee of the Division or the Tax Commissioner authorized to sell such beer, intoxicating liquor, or alcohol, shall sell, keep, or possess beer, intoxicating liquor, or alcohol for sale to any persons other than those authorized by R.C. Chapters 4301 and 4303 to purchase any beer or intoxicating liquor, or sell any alcohol at retail.
(4) No person, personally or by the person's clerk, agent, or employee, who is the holder of a permit issued by the Division, shall sell, keep, or possess for sale any intoxicating liquor not purchased from the Division or from the holder of a permit issued by the Division authorizing the sale of such intoxicating liquor unless the same has been purchased with the special consent of the Division. The Division shall revoke the permit of any person convicted of a violation of division (B)(3) of this section.
(5) Division (B)(3) of this section does not apply to either of the following:
(a) The sale or possession for sale of any low-alcohol beverage;
(b) Beer and intoxicating liquor that is given away if all of the following apply:
1. The beer or intoxicating liquor is given away by a charitable or political organization to a participant in a fundraiser.
2. Any beer, wine, or mixed beverages given away via the fundraiser is purchased from a person issued a permit under R.C. Chapter 4303.
3. Any spirituous liquor given away via the fundraiser is purchased from an agency store located in this state.
4. Regarding any spirituous liquor donated to the charitable or political organization for purposes of the fundraiser, the donor is not an agency store located in this state and submits to the charitable or political organization receipts showing that the donor purchased the spirituous liquor from an agency store located in this state.
5. The charitable or political organization submits purchase receipts for the spirituous liquor given away via a fundraiser to the Division of Liquor Control as proof that the spirituous liquor was purchased from an agency store located in this state. The charitable or political organization shall submit the receipts in accordance with procedures that the Division shall establish.
(R.C. § 4301.58)
(C) Penalty. Whoever violates division (B) above is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(C))
(2000 Code, § 92.05)