Ohio § 4303.2010

§ 4303.2010.

(A) As used in this section: (1) “ Farmers market ” means a farmers market registered with the director of agriculture under section 3717.221 of the Revised Code .  “Farmers market” does not include a for-profit farmers market, a farmers market

located at a rest area within the limits of the right-of-way of an interstate highway,

a farmers market located at a service facility as defined in Chapter 5537. of the

Revised Code that is along the Ohio turnpike, or a farmers market with fewer than

five farmers market participants. (2) “ Qualified winery ” means an A-2 or A-2f permit holder that produces less than two hundred and fifty

thousand gallons of wine per year or an S-1 permit holder. (B) The division of liquor control may issue an F-10 permit to a person who organizes

a farmers market.  Pursuant to the permit, the F-10 permit holder may allow a farmers market participant

that is a qualified winery to do the following at the location of the farmers market: (1) Sell tasting samples of wine manufactured by the qualified winery for consumption

on the premises where the farmers market is located; (2) Sell wine manufactured by the qualified winery in sealed containers for consumption

off the premises where the farmers market is located. (C) An applicant for an F-10 permit shall submit an application for the permit to the

division of liquor control.  The application shall include the location of the farmers market that is the subject

of the application. (D) The premises of the farmers market for which the F-10 permit is issued shall be clearly

defined and sufficiently restricted to allow proper enforcement of the permit by state

and local law enforcement officers.  If an F-10 permit is issued for all or a portion of the same premises for which

another class of permit is issued, the division of liquor control shall suspend that

permit holder's privileges in that portion of the premises in which the F-10 permit

is in effect. (E) No qualified winery shall do any of the following at a farmers market for which an

F-10 permit has been issued: (1) Sell a tasting sample in an amount that exceeds one ounce; (2) Sell more than one sample of each wine offered for sale to any one person; (3) Sell more than five varieties of wine as tasting samples per day; (4) Sell a variety of wine that is offered for distribution by a wholesale distributor

in any state.  Division (E)(4) of this section does not apply to a variety of wine solely distributed

by the qualified winery. (5) Sell more than four and one-half liters of wine per household for off-premises consumption

under division (B)(2) of this section; (6) Allow any person other than the qualified winery, a member of the applicable qualified

winery's family, or an employee of the applicable qualified winery to sell wine. (F) The F-10 permit is effective for nine months.  The permit is not renewable.  However, a person who organizes a farmers market may re-apply for a new permit.  The fee for the F-10 permit is one hundred dollars. (G) A qualified winery shall not conduct the activities described in division (B) of

this section unless the sale of wine for consumption on the premises and the sale

of wine for consumption off the premises is authorized in the election precinct in

which the farmers market that is the subject of the F-10 permit is located. (H) No F-10 permit holder shall allow more than four qualified wineries per day to conduct

the activities described in division (B) of this section on the premises of the applicable

farmers market.