Ohio § 5502.19

§ 5502.19.

The department of public safety shall conduct inspections of retail liquor permit

premises to determine their compliance with Chapters 4301. and 4303. of the Revised

Code and the rules adopted under them by the liquor control commission pertaining

to retail liquor permit holders. Except as otherwise provided in this section, those inspections may be conducted only

during those hours in which the permit holder is open for business and only by authorized

enforcement agents of the department of public safety or by any peace officer, as

defined in section 2935.01 of the Revised Code .  Inspections may be conducted at other hours only to determine compliance with laws

or commission rules that regulate the hours of sale of beer and intoxicating liquor

and only if the enforcement agent or peace officer involved has reasonable cause to

believe that those laws or rules are being violated.  Any inspection conducted pursuant to this section is subject to all of the following

requirements: (A) The only property that may be confiscated is contraband, as defined in section 2901.01 of the Revised Code , or property that is otherwise necessary for evidentiary purposes. (B) A complete inventory of all property confiscated from the premises shall be given

to the permit holder or the permit holder's agent or employee by the confiscating

enforcement agent or peace officer at the conclusion of the inspection.  At that time, the inventory shall be signed by the confiscating enforcement agent

or peace officer, and the enforcement agent or peace officer shall give the permit

holder or the permit holder's agent or employee the opportunity to sign the inventory. (C) Inspections conducted pursuant to this section shall be conducted in a reasonable

manner.  A finding by any court of competent jurisdiction that the inspection was not conducted

in a reasonable manner in accordance with this section or any rules promulgated by

the liquor control commission may be considered grounds for suppression of evidence.  A finding by the liquor control commission that the inspection was not conducted

in a reasonable manner in accordance with this section or any rules promulgated by

the commission may be considered grounds for dismissal of the commission case. If any court of competent jurisdiction finds that property confiscated as the result

of an inspection is not necessary for evidentiary purposes and is not contraband,

as defined in section 2901.01 of the Revised Code , the court shall order the immediate return of the confiscated property, if such

property is not otherwise subject to forfeiture, to the permit holder.  However, the return of this property is not grounds for dismissal of the case.  The commission likewise may order the return of confiscated property if no criminal

prosecution is pending or anticipated.