Ohio Administrative Code Title 4301:1 - Liquor Control Commission
✅ Overview of OAC Title 4301:1 — Liquor Control Commission
▶ Purpose and Scope
Title 4301:1 of the Ohio Administrative Code (OAC) governs the Liquor Control Commission (LCC)—a quasi-judicial agency under the Ohio Department of Commerce. Its primary purpose is to:
Regulate the sale, distribution, manufacture, and possession of alcoholic beverages in Ohio.
Interpret and enforce Ohio’s liquor laws under Ohio Revised Code (ORC) Chapters 4301 and 4303.
Conduct administrative hearings, impose penalties, and issue decisions affecting liquor permits and operations.
🏛️ Structure and Function of the Liquor Control Commission
The Commission consists of appointed commissioners who review alleged violations of liquor laws and rules.
It acts in a quasi-judicial capacity — similar to a court — when deciding violations or hearing appeals of decisions made by the Division of Liquor Control.
Its decisions can include license suspension, revocation, fines, or dismissals of charges.
📜 Key Rules and Provisions under OAC Title 4301:1
1. 4301:1-1 — General Provisions
These rules establish broad standards for alcohol-related activities. Key sections include:
🔹 Rule 4301:1-1-17 — Prohibited Conduct on Permit Premises
Prohibits illegal gambling, drug use, prostitution, or acts of violence at licensed premises.
Violations can result in permit suspension or revocation.
🔹 Rule 4301:1-1-52 — Hours of Sale
Specifies allowable hours for selling alcohol depending on the class of permit.
For example, a D-1 permit (beer only) may have different hours than a D-5 (beer, wine, mixed beverages).
🔹 Rule 4301:1-1-44 — Sales to Intoxicated Persons
Prohibits serving alcohol to visibly intoxicated individuals.
Permittees must take reasonable steps to prevent this; failure can lead to penalties.
🔹 Rule 4301:1-1-53 — Employee Conduct
Employees of permit holders must act lawfully and responsibly on the premises.
Includes prohibitions on indecent acts, disorderly behavior, or serving minors.
2. Administrative Hearings and Penalties
The Commission may impose:
Monetary fines
Suspensions (e.g., 10-day or 30-day loss of license use)
Revocation of the liquor permit
Permittees are entitled to hearings before penalties are finalized.
⚖️ Case Law Involving OAC Title 4301:1
🔹 Case 1: Henry’s Café v. Board of Liquor Control, 170 Ohio St. 233 (1959)
Issue: Whether a permit could be revoked based on conduct occurring on the premises even if the permit holder was unaware.
Ruling: The Ohio Supreme Court held that permit holders are strictly liable for unlawful activity on their premises, even without direct knowledge.
Impact: Reinforced the importance of vigilance and supervision by permit holders.
🔹 Case 2: Archer v. Liquor Control Commission, 2002 Ohio App. LEXIS 4509
Issue: Whether the Commission abused its discretion in suspending a liquor license after a violation for serving an underage patron.
Ruling: The court upheld the Commission’s decision, affirming that serving a minor, even unintentionally, is a serious violation.
Impact: Demonstrates the zero-tolerance policy for serving underage individuals and the limited ability of courts to overturn Commission sanctions.
🔹 Case 3: Night Clubs, Inc. v. Liquor Control Commission, 2008 Ohio App. LEXIS 1496
Issue: Appeal of license suspension due to lewd conduct by patrons.
Ruling: The appellate court upheld the Commission’s disciplinary action, finding sufficient evidence of rule violations.
Impact: Highlights the Commission’s authority to penalize conduct that threatens public decency or order, even if carried out by patrons rather than employees.
🔐 Enforcement and Compliance
Permit holders are expected to:
Maintain order and compliance on their premises.
Train employees to understand liquor laws.
Prevent illegal sales and criminal activity.
Keep accurate records and cooperate with inspections.
Failure to comply with any of these responsibilities may lead to disciplinary actions even if the owner is unaware of the infraction.
📝 Summary
| Topic | Summary |
|---|---|
| Agency | Ohio Liquor Control Commission |
| Authority | OAC Title 4301:1, ORC Chapters 4301 & 4303 |
| Jurisdiction | Alcohol sales, permits, enforcement, disciplinary action |
| Enforcement Tools | License suspension, revocation, fines |
| Key Rules | Sales to minors/intoxicated, prohibited conduct, hours of sale |
| Due Process | Hearings and appeals available to permit holders |
| Case Law Themes | Strict liability, underage sales, disorderly premises |
🔍 Closing Notes
OAC Title 4301:1 empowers the Liquor Control Commission to maintain safe, lawful, and orderly alcohol commerce across Ohio. Through a combination of detailed regulations and strict enforcement, it ensures that businesses engaging in alcohol-related activities are held to high standards.
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