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Bill nixes need for liquor permit for charitable giveaways of wine, spirits
KEITH ARNOLD
Special to the Legal News
Published: November 19, 2019
Anyone who has bid on the so-called basket of cheer at a silent auction or won a growler of their favorite craft brew at a raffle more than likely was unaware of the red tape attached to giving away alcoholic beverages.
A lawmaker duo wants to eliminate what the politicians view as overregulation as liquor control laws specifically relate to such giveaways by nonprofit groups, charitable organizations and churches for fundraising.
Current law prohibits both the sale and giveaway of beer, intoxicating liquor and ethyl alcohol without a valid liquor permit issued by the state Division of Liquor Control.
"When the pastor of my church brought to my attention an Ohio law prohibiting giving away bottles of wine or bottles of liquor at a fundraising event without having first obtaining a particular liquor permit, I felt that this bill was an important fix to that (and) would benefit Ohio's churches and other charitable organizations," said Rep. John Rogers, D-Mentor-On-The-Lake.
He said most charitable organizations and churches are unaware of existing law and are unwittingly breaking it for charitable fundraising.
"Last year, my brother brought a large basket of cheer to donate as a raffle prize at a fundraiser for Womankind Inc., a maternal health care facility co-founded by my mother years ago," Rogers, a joint sponsor of House Bill 389, told fellow lawmakers. "A board member, who is an attorney for the Diocese of Cleveland, advised my brother and others that his gift could not be accepted because of the existing law here in Ohio."
The lawmaker explained that the Ohio Department of Commerce currently has a process through which a nonprofit organization can obtain a temporary liquor permit to offer alcoholic beverages, including gifts, at an event.
"If a caterer, with an appropriate license is handling the event's beverages during a fundraiser, there is no pathway in place to allow the church or 501(c)(3) designated organization to give away beer, wine and/or liquor as a prize without having obtained a separate permit," Rogers continued.
The bill would revise ORC Section 4301.58 to allow organizations to give away intoxicating liquor, beer and/or wine under the following conditions:
• The organization is either a church or a 501(c)(3) designated charitable organization;
• The beer, wine or intoxicating liquor being given away is in a sealed container for the off-premise consumption.
"There will continue to be no prohibition on the sale or possession for sale of any low alcohol beverage (another provision of the law) and the changes included in this bill will go into effect immediately upon being signed into law," Rogers said.
Rep. John Becker, R-Union Township in Clermont County, commented on the decision to make the bill effective upon its approval.
"As we approach Thanksgiving, now is the perfect time to introduce a bill which would bring joy to the numerous ministries who benefit from such organizations," he said.
"Ohioans benefit from the many churches, charities and organizations that do important, civically-minded work throughout our communities," Rogers seconded. "This legislation in essence allows charitable organizations' relief from any potential liquor control related penalties for doing something so innocuous, yet what is fairly a commonplace practice, and for many, unknowingly mind you, in violation of Ohio's Liquor Laws."
HB 389, which awaits committee assignment, has secured cosponsor support of 21 fellow House members.
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