Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                               Office of Research                            Legislative Budget
         www.lsc.ohio.gov                        and Drafting                                      Office
                            H.B. 629                                Bill Analysis
                  134th   General Assembly
                                                                    Click here for H.B. 629’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. LaRe
Effective Date:
Jeff Grim, Research Analyst
                                                           SUMMARY
                     Increases the amount of spirituous liquor that a micro-distillery (A-3a liquor permit
                          holder) may annually manufacture from less than 100,000 gallons to less than
                          1 million gallons.
                     Requires tasting samples of spirituous liquor, when provided at a liquor agency store, to
                          be provided for free, rather than requiring at least a 50¢ charge for each tasting sample
                          as under current law.
                                                 DETAILED ANALYSIS
A-3a liquor permit: manufacturing limit
        The bill increases the amount of spirituous liquor (intoxicating liquor of more than 21%
alcohol by volume) that a micro-distillery (A-3a liquor permit holder) may annually
manufacture. Under current law, to be eligible for an A-3a permit, a micro-distillery must
manufacture less than 100,000 gallons per year. The bill increases that amount to less than
1 million gallons. 1 million gallons is the equivalent of 5,047,215 750-mL bottles.1
        Under current law, the Division of Liquor Control may issue two types of liquor permits
to distillers of spirituous liquor, an A-3 and an A-3a liquor permit. An A-3 permit is generally
issued to large distilleries (100,000 gallons or more per year) and the A-3a permit is issued to
micro-distilleries (less than 100,000 gallons per year). Although both distilleries may
manufacture spirituous liquor, only an A-3a permit holder may sell spirituous liquor to a
personal consumer in sealed containers for consumption off the manufacturing premises.2
1                 R.C. 4303.041(A).
2                 R.C. 4303.04, not in the bill, and 4303.041.
                                                                                                            May 2, 2022
Office of Research and Drafting                      LSC                              Legislative Budget Office
Thus, the bill allows larger distilleries (via the increase in the production limit for A-3a permit
holders) to sell spirituous liquor to personal consumers from their distilleries.
Tasting samples of spirituous liquor
        The bill requires tasting samples of spirituous liquor, when provided at a liquor agency
store, to be provided for free rather than requiring at least a 50¢ charge for each tasting sample
as under current law. The bill retains the following current requirements for the provision of
the tasting samples:
          1. The person consuming the tasting sample must be 21 or above;
          2. The tasting sample must not exceed a quarter ounce;
          3. The tasting event must not exceed two hours;
          4. A person may not consume more than four tasting samples of spirituous liquor per
day;
        5. The tasting samples must be provided by a trade marketing professional, broker, or
solicitor (see below);
        6. The liquor agency store must hold a D-8 liquor permit, which authorizes the provision
of the tasting samples; and
        7. The tasting event must take place in the area of the liquor agency store in which
spirituous liquor is sold.3
    Trade marketing professionals, brokers, and solicitors
        Under current law, a broker is a company that solicits sales of alcoholic beverages on
behalf of a manufacturer or supplier, but does not take possession of the alcoholic beverages in
Ohio, except as provided in the liquor control laws. A solicitor is an individual who solicits liquor
permit holders or the Division of Liquor Control for sales of alcoholic beverages on behalf of a
manufacturer, supplier, wholesale distributor, or broker, but does not take possession of the
alcoholic beverages in Ohio, except as provided in the liquor control laws.4 A trade marketing
professional is an individual who is an employee of, or is under contract with, a trade marketing
company and who has successfully completed a training program on the liquor control laws,
conflict management, and safety provisions in an emergency.5
3   R.C. 4301.17 and 4301.171.
4   R.C. 4301.245(A)(1), not in the bill, by reference to Ohio Administrative Code 4301-1-01(B).
5 R.C. 4301.245(A)(5). A trade marketing company is a company that solicits the purchase of beer and
intoxicating liquor and educates the public about beer and intoxicating liquor (R.C. 4301.171(A)(3)).
P a g e |2                                                                                           H.B. 629
                                                                                                As Introduced
Office of Research and Drafting         LSC                 Legislative Budget Office
                                      HISTORY
                             Action                        Date
Introduced                                      04-20-22
ANHB0629IN-134/ec
P a g e |3                                                                 H.B. 629
                                                                      As Introduced
Statutes affected: 
As Introduced: 4301.17, 4301.171, 4303.041, 4303.184