Alcoholic Beverage Sales in Outdoor Areas in Ohio

A new law in Ohio came into effect on January 1, 2024, regarding the outdoor sale of alcoholic beverages through the signing of House Bill 33. ORC 4303.188, “Outdoor sale of alcoholic beverages”, notwithstanding any other provision of law to the contrary, allows for “qualified permit holders”, which are defined as A1, A1A, A1C, A2, A2f, and D class permit holders, excluding D6 and D8 permits, to sell alcoholic beverages by the individual drinks in outdoors areas so long as the area meets the following qualifications:

1. Any area owned by the permit holder, including the permit premises parking lot.

   
   

2. Any outdoor area of public property that is immediately adjacent to the qualified permit holder’s premises that is owned by a municipal corporation or township, as long as the permit holders receive written consent from the municipal corporation’s executive officer or executive officer’s designee or township’s legislative authority.
   

3. Any outdoor area of private property that is immediately adjacent to the permit premises, as long as written consent is obtained from the private property owner.

While this law has allowed more flexibility for where permit holders can sell alcoholic beverages in outdoor areas, there are still guidelines the permit holder must follow. To sell alcohol in the above-mentioned outdoor areas, the permit holder must clearly delineate the area where personal consumers may consume alcoholic beverages and a permit holder’s employee must deliver each alcoholic beverage sold to a personal consumer in an outdoor area.

When selling alcoholic beverages in a public outdoor area, the permit holder must notify the division of liquor control and the investigative unit of the local department of public safety no later than ten days prior to the commencement of alcoholic beverage sales in that area.

To learn more about temporary expansions and how to notify Liquor Control and the local Investigative Unit, please visit the Ohio Division of Liquor Control’s website (Temporary Expansion of Permit Premises | Ohio Department of Commerce).