OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 102 Final Analysis
134th General Assembly
Click here for S.B. 102’s Fiscal Note
Version: As Passed by the General Assembly
Primary Sponsor: Sen. Roegner
Effective date: March 23, 2022
Effective Date:
Jeff Grim, Research Analyst
SUMMARY
Home brewers
 Allows a home brewer to brew or ferment homemade beer or wine without obtaining a
liquor permit if specified conditions apply.
 Allows a home brewer to serve homemade beer or wine for personal consumption on
private property, to the home brewer’s family, neighbors, co-workers, and friends on
private property, and at certain events without a liquor permit.
 Allows a person to conduct, sponsor, or host (host) a home brewing event if the person:
 Is a home brewer or fraternal organization that does not hold a valid liquor permit
and hosts the event on private property or the premises of the fraternal
organization; or
 Is a small brewery, winery, microdistillery, club, or a restaurant associated with a
winery, microdistillery, or small brewery and the person hosts the event on the
permitted premises.
 Prohibits a person who is hosting the event from taking certain actions, including selling
any homemade beer or wine.
 Exempts a liquor permit holder that hosts an event for home brewers from the
restrictions on the interrelationship between alcoholic beverage manufacturers,
distributors, and retailers.
 Exempts a person with an opened container of homemade beer or wine that is served
on private property or at a home brewing event from the Open Container Law.
January 7, 2022
Office of Research and Drafting LSC Legislative Budget Office
Sales of alcohol on Sunday
 Authorizes a retail liquor permit holder or a liquor agency store to sell beer or
intoxicating liquor on Sunday during the same hours that the permit holder or agency
store may sell those products on Monday through Saturday.
 States that Sunday sales under an F class (temporary) liquor permit are not affected by
whether Sunday sales are authorized for other liquor permit holders in the precinct,
provided that the F class permit is issued for other days of the week in addition to
Sunday.
 For a Sunday sales question that is the sole local option question on a ballot for a
particular location or in part or all of a precinct, requires 50 people to sign the petition,
rather than 35% of the people who voted in the last gubernatorial election as provided
in former law.
Special elections for local option
 Allows a local option election on the sale of beer and intoxicating liquor to be held at a
special election on a day on which a primary election may be held, even if no primary
election is held that day.
Outdoor refreshment areas (DORAs)
 Divides local communities (municipal corporations and townships) that can create
outdoor refreshment areas (DORAs) into two population categories, those with a
population of 50,000 or less and those with more than 50,000, instead of three as in
former law (35,000 or less; 35,001 to 50,000; and above 50,000).
 Increases the allowable acreage of a DORA.
 Increases the number of DORAs allowed in a community.
 Reduces the number of qualified liquor permit holders that must be included in a DORA
created in a community with a population of 50,000 or less from four to two.
Age of alcohol servers
 Reduces from 19 to 18 the minimum age to handle beer and intoxicating liquor in open
containers as a waiter or waitress in a hotel, bar, or restaurant.
Cider growlers
 Allows a D-2, D-5, or D-5a through p liquor permit holder to sell cider in growlers (of up
to one gallon) for on- or off-premises consumption.
Advertising on social media
 Allows a distributor, manufacturer, trade marketing professional, solicitor, or broker of
alcoholic beverages to use free services provided by social media to advertise an on-
premises brand promotion or a product location communication.
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As Passed by the General Assembly
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 Prohibits a distributor, manufacturer, trade marketing professional, solicitor, or broker
from using free services provided by social media to advertise to persons under 21.
Charitable organization fundraising prizes
 Allows a political organization or 501(c)(3) charitable organization to give away beer or
intoxicating liquor, without a permit, as a prize in a raffle or silent auction or as a door
prize (fundraiser).
 Requires beer or intoxicating liquor used in the fundraiser to be purchased from a
person issued an Ohio liquor permit or from an Ohio-based agency store.
 Requires a donor of spirituous liquor to a political or charitable organization for a
fundraiser to submit receipts to the organization showing that the donor purchased the
spirituous liquor from an Ohio-based agency store.
Use of gift card for alcohol purchases
 Eliminates the law that prohibited a person from using more than 30% of a food and
beverage gift certificate (e.g., a restaurant gift card) to purchase beer or intoxicating
liquor for on-premises consumption.
Expansion of sales area of liquor permit premises
 Extends law set to expire on December 31, 2022, to December 31, 2023, that allows a
qualified permit holder to expand the outdoor area in which it may sell alcoholic
beverages under certain circumstances.
 Modifies aspects of that law, including removing A-3a liquor permit holders
(microdistilleries) from eligibility to expand outdoor areas and requiring all alcoholic
beverages sold in an expanded outdoor area to be delivered by the qualified permit
holder or their employees.
D-5 permit – hours of alcohol sales
 Codifies the authorized hours of alcohol sales for certain types of D-5 liquor permits by
stating that a bar or restaurant may sell beer and intoxicating liquor from 5:30 a.m. to
2:30 a.m. the following day, but not between 2:30 a.m. and 5:30 a.m. on any day.
 Extends the authorized hours of alcohol sales for a D-5h (sales of beer and intoxicating
liquor for on-premises consumption at an art museum or center or community) and D-
5k (sales of beer and intoxicating liquor for on-premises consumption at specified
botanical gardens) from 1:00 a.m. to 2:30 a.m.
F-10 permit
 Corrects a drafting error in the F-10 liquor permit (temporary permit to allow wineries
to sell wine at a farmers market) by eliminating the authorization for large out-of-state
wineries to sell at a farmers market.
 Allows farm wineries to sell their wine at a farmers market.
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As Passed by the General Assembly
Office of Research and Drafting LSC Legislative Budget Office
TABLE OF CONTENTS
Home brewers................................................................................................................................. 4
Manufacturing ............................................................................................................................. 4
Serving ......................................................................................................................................... 5
Hosting an event ......................................................................................................................... 5
Miscellaneous .............................................................................................................................. 6
Sales of alcohol on Sunday.............................................................................................................. 6
Background.................................................................................................................................. 6
Sunday sales of alcohol ............................................................................................................... 7
Special elections for local option .................................................................................................... 7
Designated outdoor refreshment areas (DORAs) ........................................................................... 8
Background.................................................................................................................................. 8
Revisions to size, number, and liquor permit holders ................................................................ 8
Age of alcohol servers ..................................................................................................................... 9
Cider growlers ................................................................................................................................. 9
Advertising on social media ............................................................................................................ 9
Charitable organization fundraising prizes ................................................................................... 10
Use of gift card for alcohol purchases .......................................................................................... 11
Expansion of sales area of liquor permit premises ....................................................................... 11
D-5 permits – hours of alcohol sales............................................................................................. 12
F-10 permit.................................................................................................................................... 12
Liquor permit reference ................................................................................................................ 12
DETAILED ANALYSIS
Home brewers
Manufacturing
The act allows a home brewer to brew beer or ferment wine without obtaining a liquor
permit, which is generally required for alcoholic beverage manufacturers, if all of the following
apply:
1. The home brewer does not sell the homemade beer or wine for commercial purposes;
2. The home brewer does not receive compensation for participating in any event (which is
a demonstration or competition that is not open to the public) at which tasting samples
of homemade beer or wine (2 oz. or less) are served. The home brewer may receive a
prize that is cash or a cash equivalent awarded at the event or a free or discounted
admission.
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As Passed by the General Assembly
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3. The home brewer annually brews or ferments homemade beer or wine in either of the
following amounts:
a. Up to 100 gallons if the home brewer’s household has only one person who is 21 or
older; or
b. Up to 200 gallons if the home brewer’s household has two or more persons who are
21 or older.1
Serving
The act also allows a home brewer to serve homemade beer or wine the home brewer
brews or ferments without a liquor permit as follows:
1. For personal consumption on private property or to the home brewer’s family,
neighbors, co-workers, and friends on private property; and
2. At an event, if the event is held on private property, the premises of a fraternal
organization, or the premises of a small brewery, winery, microdistillery, club, or a
permitted restaurant associated with a winery, microdistillery, or small brewery. (A
fraternal organization is a society, order, or association within Ohio, except a college or
high school fraternity, that is a nonprofit, a chapter of a national or state organization,
and exists exclusively for the common business or sodality of its members.)2
Hosting an event
A person may conduct, sponsor, or host (host) a home brewing event if the person:
1. Is a home brewer or fraternal organization that does not hold a valid liquor permit and
hosts the event on private property or the premises of a fraternal organization; or
2. Is a permitted small brewery, winery, microdistillery, club, or a permitted restaurant
associated with a winery, microdistillery, or small brewery and the person hosts the
event on the permitted premises. The permit holder must suspend its permit privileges
in the portion of the permit premises where the event is to occur and during the event.
The permit holder must provide notice to the Division of Liquor Control and the
Department of Public Safety’s Investigative Unit within ten days prior to the date of the
event.
When hosting the event, the person is prohibited from doing any of the following:
1. Selling any homemade beer or wine;
2. Unless the person is the home brewer of the homemade beer or wine, acquiring an
ownership interest in any homemade beer or wine served at the event;
1 R.C. 4301.201(A)(1), (A)(3) to (6), and (B).
2R.C. 4301.201(A)(2) and (C). A small brewery, winery, microdistillery, club, or restaurant is issued an A-
1-A, A-1c, A-2, A-2f, A-3a, or D-4 liquor permit (see “Liquor permit reference,” below).
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3. Charging a fee for the consumption of the homemade beer or wine at the event.
However, if an event is hosted by a home brewers club or group, the club or group may
charge a registration fee to a member of the club or group to attend the event.
4. If the person is a liquor permit holder and hosts the event on the permitted premises,
fail to store the homemade beer or wine on the premises so that it is clearly identified
and kept separate from any beer or intoxicating liquor that is intended for sale by the
permit holder under the authority of the permit.3
Miscellaneous
The act exempts a liquor permit holder that hosts a home brewing event from the
existing restrictions on the interrelationship between alcoholic beverage manufacturers,
distributors, and retailers. It also exempts a person with an opened container of homemade
beer or wine that is served on private property, at a fraternal organization, or at a craft
brewery, winery, microdistillery, club, or a permitted restaurant associated with a winery,
microdistillery, or small brewery from the Open Container Law.4 Finally, a home brewer or the
home brewer’s designated representative may transport homemade beer or wine brewed or
fermented by the home brewer without an H liquor permit (see “ Liquor permit reference,”
below), which is generally required for commercial transporters of alcohol.5
Sales of alcohol on Sunday
Background
Generally, a retail liquor permit holder6 or an agency store (a store under contract to sell
spirituous liquor on behalf of the state) only may sell beer and intoxicating liquor for on- or off-
premises consumption on Sunday if:
1. The permit holder or agency store is authorized to do so by a local option election; and
2. For sales of wine, mixed beverages, or spirituous liquor, the permit holder is issued a D-
6 liquor permit.
The D-6 permit allows a retail liquor permit holder to sell wine, mixed beverages, or
spirituous liquor (as authorized by the permit holder’s permit) on Sunday between 10:00 a.m.
or 11:00 a.m. and midnight, depending on which hours are approved by the voters in the local
option election. The D-6 permit is not required for the sale of beer on Sunday.
On Monday through Saturday, a retail liquor permit holder generally may sell beer and
intoxicating liquor between 5:30 a.m. and 1:00 a.m. or 2:30 a.m. the following day, depending
3 R.C. 4301.201(E) and (F).
4 R.C. 4301.24(E)(6) and 4301.62(B)(2) and (J).
5 R.C. 4301.201(D).
6 A retail permit holder is an A-1-A, A-2, A-2f, A-3a, A-5, C-2, or class D liquor permit holder, see
“Liquor permit reference,” below.
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