STATE OF OHIO
DEPARTMENT OF COMMERCE
DIVISION OF LIQUOR CONTROL
Rae Ann Estep, Superintendent

Ohio's liquor control laws contain special provisions designed to permit nonprofit organizations to obtain temporary liquor permits to serve alcoholic beverages at special events. These laws were written because, although Ohio is a control state, it is recognized that the availability of alcoholic beverages can enhance these functions.

However, the granting of a permit carries with it responsibilities as well. An organization receiving a temporary permit must comply with laws and rules governing its use.

In order to make your event successful, and to help you avoid potentially embarrassing situations, we have produced this convenient guide to obtaining and using a temporary liquor permit. Because this guide cannot detail every law and rule applicable to temporary liquor permits, it should be used only as a guide.

We hope you will read it carefully and inform your members of the responsibility your group assumes when it obtains a liquor permit.



Why Must A Group Have A Permit?

The manufacture, distribution and sale of all kinds of beverage alcohol are closely regulated throughout the country. Anyone handling alcohol in Ohio, even if only for a few hours, must be approved and registered with the Department of Commerce, Division Of Liquor Control.


What Is A Temporary Liquor Permit?

A temporary permit grants permission from the Division Of Liquor Control to a qualified group of citizens to handle or sell beer, wine or spirituous liquor for a prescribed period of time (1 to 5 days).


When Is A Permit Needed?

A PERMIT IS REQUIRED if a qualified organization intends to provide beer, wine or spirituous liquor either for sale by the drink or through the use of an entrance fee, cover charge, etc.

NO PERMIT IS REQUIRED if an individual or organization intends to provide beer, wine or spirituous liquor at a private function where access is restricted to invited guests only, such as a wedding reception for which no admission fee is charged or any alcoholic beverages sold.


What Organizations Are Eligible To Obtain A Temporary Permit?

Any nonprofit organization with 10 or more members may qualify for a temporary permit. Examples are charitable organizations, labor unions and fraternal, educational, cultural and social groups. A temporary permit may also be issued to an employer of 10 or more persons for a function for employees and their families off the business property (a picnic at a park, for example) or on the business property if the liquor is to be sold. A permit may be issued for use at a social, recreational, charitable, fraternal, political, patriotic or athletic function.

NO temporary permit can be issued for the profit or gain of a private individual or to a "for-profit" organization.


What Kinds Of Temporary Permits Are Available?

An "F" PERMIT allows the holder to sell BEER ONLY, for a period of no longer than five days. The application, including the $20.00 fee, must be filed 15 days before the date of the function. Only two "F" permits may be issued for any organization in a 30 day period.

An "F-1" PERMIT allows members of a non-profit organization (with 500 or more members in two or more states) to bring beer, wine and spirituous liquor into a "convention facility" for consumption on the premises at no charge. These privileges are for a period not to exceed three days. The application, including the $125.00 fee must be filed 15 days before the date of the function.

An "F-2" PERMIT allows a non-profit organization to sell beer, wine and/or spirituous liquor by the drink until 1:00a.m. for no longer than two days in an area that has been voted wet through local option for these beverages. The application, including the $75.00 fee ($85.00 if filed jointly with a D-3, D-4 or D-5 permit holder), must be filed 20 days before the date of the function. Only two "F-2" permits may be issued for any organization in a calendar year.


What Else Should Organizations Know?

"F" of "F-2" applicants must notify the Chief Peace Officer of the political subdivision of the date, time, place and duration of the event. In addition, these applicants must submit a form signed by the real property owner(s) where the event is to be held giving consent to the sale of alcoholic beverages at the special function.

Each application for an "F" or "F-2" permit must include a description, including a drawing of the area where alcoholic beverages will be consumed. (This is necessary because of the 1982 open container law making it illegal to drink any kind of alcoholic beverage in a public place.) For example, an organization holding a picnic in a park must submit a drawing of the specific location in the park where liquor will be served and/or consumed, and the type of barriers (e.g. fence, rope, etc.) that will separate the designated permit premises from other areas.

Beer, must be purchased from a wholesale brewer or distributor.
An "F" (beer only) permit holder cannot purchase beer from a retail outlet.

An "F-2" permit holder must purchase all alcoholic beverages from a wholesale outlet. D-3, D-4 or D-5 permit holders may serve alcoholic beverages for an "F-2" permit holder. Such an application must be filed jointly by the organization and the D-3, D-4 or D-5 permit holder, along with the $85.00 fee. All documents must include both names. If the event is to be held on the premises of the "D" permit holder, an affidavit must be submitted from the "D" permit holder stating that the "D" permit privileges will not be utilized during the "F-2" event.

All "F" permit applicants must furnish proof of either a limited or regular county vendor's license from the County Auditor, in addition to two completed copies of a Department Of Taxation form noting the vendor's license number or identifying an exception by law of sales tax collection for the event.


Temporary Permit Holders Are Subject To Many Of The Same Laws And Rules Which Apply To Holders Of Permanent Liquor Permits:

DOOR PRIZES: Door prizes and similar contests. Where no separate charge or fee must be paid in order to enter the drawing, are allowed. IT IS ILLEGAL, HOWEVER, TO GIVE AWAY LIQUOR UNDER ANY CIRCUMSTANCES, AS WELL AS TO GIVE GIFTS IN CONJUNCTION WITH THE SALE AND ADVERTISING OF ALCOHOLIC BEVERAGES.

GAMBLING: Temporary permit holders who meet the definition of a federally tax exempt organization, as described in subsection 501( c)(3) of the Internal Revenue Code, may conduct certain gambling activities, except for bingo, provided the organization owns the facilities being use or has leased other facilities that qualify by law. Such activities may only be conducted for fund-raising, and not for individual benefit. If you have any questions regarding gambling, please call the Liquor and Food Stamp Enforcement Unit of the Department Of Public Safety at (614) 644-2415.

HOURS: Holders of "F" and "F-2" permits must cease sales by 1:00a.m.

POSTING: A liquor permit must be posted in a conspicuous place on the premises.

REMEMBER: Alcoholic beverages may not be served at an event until the proper permit has been issued by the Division Of Liquor Control.
No person shall sell beer or intoxicating liquor to an underage perso, or buy beer or intoxicating liquor for, or furnish it to, an underage person.

SERVING: Temporary liquor permit holders cannot sell or serve unlimited number of drinks for a one-time admission charge