Ohio Code § 4301.01

§ 4301.01.

(A) As used in the Revised Code: (1) “ Intoxicating liquor ” and “ liquor ” include all liquids and compounds, other than beer, containing one-half of one per

cent or more of alcohol by volume which are fit to use for beverage purposes, from

whatever source and by whatever process produced, by whatever name called, and whether

they are medicated, proprietary, or patented.  “Intoxicating liquor” and “liquor” include cider and alcohol, and all solids and

confections which contain one-half of one per cent or more of alcohol by volume. (2) Except as used in sections 4301.01 to 4301.20 , 4301.22 to 4301.52 , 4301.56 , 4301.70 , 4301.72 , and 4303.01 to 4303.36 of the Revised Code , “ sale ” and “ sell ” include exchange, barter, gift, offer for sale, sale, distribution and delivery

of any kind, and the transfer of title or possession of beer and intoxicating liquor

either by constructive or actual delivery by any means or devices whatever, including

the sale of beer or intoxicating liquor by means of a controlled access alcohol and

beverage cabinet pursuant to section 4301.21 of the Revised Code .  “Sale” and “sell” do not include the mere solicitation of orders for beer or intoxicating

liquor from the holders of permits issued by the division of liquor control authorizing

the sale of the beer or intoxicating liquor, but no solicitor shall solicit any such

orders until the solicitor has been registered with the division pursuant to section 4303.25 of the Revised Code . (3) “ Vehicle ” includes all means of transportation by land, by water, or by air, and everything

made use of in any way for such transportation. (B) As used in this chapter: (1) “ Alcohol ” means ethyl alcohol, whether rectified or diluted with water or not, whatever its

origin may be, and includes synthetic ethyl alcohol.  “Alcohol” does not include denatured alcohol and wood alcohol. (2) “ Beer ” includes all beverages brewed or fermented wholly or in part from malt products

and containing one-half of one per cent or more of alcohol by volume. (3) “ Wine ” includes all liquids fit to use for beverage purposes containing not less than one-half

of one per cent of alcohol by volume and not more than twenty-one per cent of alcohol

by volume that is made from the fermented juices of grapes, fruits, or other agricultural

products.  “Wine” includes cider, except as used in sections 4301.13 , 4301.421 , 4301.422 , 4301.432 , and 4301.44 of the Revised Code , and, for purposes of determining the rate of the tax that applies, division (B) of section 4301.43 of the Revised Code , “wine” does not include cider. (4) “ Mixed beverages ” include bottled and prepared cordials, cocktails, highballs, and solids and confections

that are obtained by mixing any type of whiskey, neutral spirits, brandy, gin, or

other distilled spirits with, or over, carbonated or plain water, pure juices from

flowers and plants, and other flavoring materials.  The completed product shall contain not less than one-half of one per cent of alcohol

by volume and not more than twenty-one per cent of alcohol by volume.  “Mixed beverages” includes the contents of a pod. (5) “ Spirituous liquor ” includes all intoxicating liquors containing more than twenty-one per cent of alcohol

by volume.  “Spirituous liquor” does not include the contents of a pod. (6) “ Sealed container ” means 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. (7) “ Person ” includes firms and corporations. (8) “ Manufacture ” includes all processes by which beer or intoxicating liquor is produced, whether

by distillation, rectifying, fortifying, blending, fermentation, or brewing, or in

any other manner. (9) “ Manufacturer ” means any person engaged in the business of manufacturing beer or intoxicating liquor. (10) “ Wholesale distributor ” and “ distributor ” means a person engaged in the business of selling to retail dealers for purposes

of resale. (11) “Hotel” has the same meaning as in section 3731.01 of the Revised Code , subject to the exceptions mentioned in section 3731.03 of the Revised Code . (12) “ Restaurant ” means a place located in a permanent building provided with space and accommodations

wherein, in consideration of the payment of money, hot meals are habitually prepared,

sold, and served at noon and evening, as the principal business of the place.  “Restaurant” does not include pharmacies, confectionery stores, lunch stands, night

clubs, and filling stations. (13) “ Club ” means a corporation or association of individuals organized in good faith for social,

recreational, benevolent, charitable, fraternal, political, patriotic, or athletic

purposes, which is the owner, lessor, or occupant of a permanent building or part

of a permanent building operated solely for those purposes, membership in which entails

the prepayment of regular dues, and includes the place so operated. (14) “ Night club ” means a place operated for profit, where food is served for consumption on the premises

and one or more forms of amusement are provided or permitted for a consideration that

may be in the form of a cover charge or may be included in the price of the food and

beverages, or both, purchased by patrons. (15) “ At retail ” means for use or consumption by the purchaser and not for resale. (16) “ Pharmacy ” means an establishment, as defined in section 4729.01 of the Revised Code , that is under the management or control of a licensed pharmacist in accordance with section 4729.27 of the Revised Code . (17) “ Enclosed shopping center ” means a group of retail sales and service business establishments that face into

an enclosed mall, share common ingress, egress, and parking facilities, and are situated

on a tract of land that contains an area of not less than five hundred thousand square

feet.  “Enclosed shopping center” also includes not more than one business establishment

that is located within a free-standing building on such a tract of land, so long as

the sale of beer and intoxicating liquor on the tract of land was approved in an election

held under former section 4301.353 of the Revised Code. (18) “ Controlled access alcohol and beverage cabinet ” means a closed container, either refrigerated, in whole or in part, or nonrefrigerated,

access to the interior of which is restricted by means of a device that requires the

use of a key, magnetic card, or similar device and from which beer, intoxicating liquor,

other beverages, or food may be sold. (19) “ Community facility ” means either of the following: (a) Any convention, sports, or entertainment facility or complex, or any combination

of these, that is used by or accessible to the general public and that is owned or

operated in whole or in part by the state, a state agency, or a political subdivision

of the state or that is leased from, or located on property owned by or leased from,

the state, a state agency, a political subdivision of the state, or a convention facilities

authority created pursuant to section 351.02 of the Revised Code ; (b) An area designated as a community entertainment district pursuant to section 4301.80 of the Revised Code . (20) “ Low-alcohol beverage ” means any brewed or fermented malt product, or any product made from the fermented

juices of grapes, fruits, or other agricultural products, that contains either no

alcohol or less than one-half of one per cent of alcohol by volume.  The beverages described in division (B)(20) of this section do not include a soft

drink such as root beer, birch beer, or ginger beer. (21) “ Cider ” means all liquids fit to use for beverage purposes that contain one-half of one

per cent of alcohol by volume, but not more than six per cent of alcohol by weight,

and that are made through the normal alcoholic fermentation of the juice of sound,

ripe apples, including, without limitation, flavored, sparkling, or carbonated cider

and cider made from pure condensed apple must. (22) “ Sales area or territory ” means an exclusive geographic area or territory that is assigned to a particular

A or B permit holder and that either has one or more political subdivisions as its

boundaries or consists of an area of land with readily identifiable geographic boundaries.  “Sales area or territory” does not include, however, any particular retail location

in an exclusive geographic area or territory that had been assigned to another A or

B permit holder before April 9, 2001. (23) “ Pod ” means a sealed capsule made from plastic, glass, aluminum, or a combination thereof

to which all of the following apply: (a) The capsule contains intoxicating liquor of more than twenty-one per cent of alcohol

by volume. (b) The capsule also contains a concentrated flavoring mixture. (c) The contents of the capsule are not readily accessible or intended for consumption

unless certain manufacturer's processing instructions are followed. (d) The instructions include releasing the contents of the capsule through a machine

specifically designed to process the contents. (e) After being properly processed according to the manufacturer's instructions, the

final product produced from the capsule contains not less than one-half of one per

cent of alcohol by volume and not more than twenty-one per cent of alcohol by volume.