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04.08.20   |   Insights

Ohio Liquor Control Commission Emergency Rule

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On April 7, 2020, in an effort to “give flexibility to businesses in our current environment,” the Ohio Liquor Control Commission passed an emergency rule to allow establishments with an existing on-premises liquor permit to sell and deliver alcohol, including high-proof liquor in limited quantity, for off-premises consumption.

All permit holders must comply with the following requirements:

  • Patrons can purchase no more than two high-proof (over 42 proof) drinks per meal.
    • Drinks prepared with high-proof spirits must be served in a closed container and a food order must be placed in conjunction with the drink order.
    • “Closed container” is defined as “any container having a capacity of not more than one hundred twenty-eight fluid ounces, the opening of which is closed to prevent the entrance of air.”
    • Drinks cannot contain more than two ounces of spirituous liquor per container.
  • Food must be purchased in conjunction with the purchase of high-proof liquor.
    • Establishments that take advantage of this emergency rule must have a food service license issued by the Department of Health at a local level.
  • Low-proof products such as beer and wine can be carried out without a food order.
  • All applicable Ohio liquor laws and rules apply including hours of operation, the minimum age to purchase, and no sales to intoxicated persons.
  • All drinks must be closed and remain closed during transport as they are subject to the open container law upon leaving the premises.

This rule will remain in effect for up to 120 days unless it is rescinded by the Liquor Control Commission first.

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