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As long as the original container is sealed
That's one thing I wonder about with hauling growlers, if there's no seal to indicate opening (like a little tamper-evident shrink-wrap) then is it technically an open container?
Columbus Underground Messageboard » General Columbus Discussion
BYOB in Ohio
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meltsintowonder
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I could be wrong, but you're likely required to put a seal of some sort on or around the cap after filling the growler. 0Angle might be more familiar with the law.
Posted 4 months ago # -
th0m
Beechwold
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In 2003 I was in a restaurant in Cincinnati somewhere I want to say between UC and Downtown that had a corkage fee, and everyone in the place was drinking their own wine, which was even being poured by the waiters. Perhaps they were ill-informed or it has changed since 2003?
Posted 4 months ago # -
meltsintowonder
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th0m said:
In 2003 I was in a restaurant in Cincinnati somewhere I want to say between UC and Downtown that had a corkage fee, and everyone in the place was drinking their own wine, which was even being poured by the waiters. Perhaps they were ill-informed or it has changed since 2003?The practice is legal if the establishment doesn't have a liquor license. Otherwise, you can't bring and drink your own wine if the business has a liquor license.
Posted 4 months ago # -
0Angle
Home-Northwood Park, Breweries-43215
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I don't know too many places that seal growlers with tamper evident tape. When we sold prefillled growlers to retail stores backin the last millenium, we put tape on them as a precaution. It was kinda uncharted territory, but tamper evidence would be as good a reason as any to do it in that scenario.
Posted 4 months ago # -
meltsintowonder
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0Angle said:
I don't know too many places that seal growlers with tamper evident tape. When we sold prefillled growlers to retail stores backin the last millenium, we put tape on them as a precaution. It was kinda uncharted territory, but tamper evidence would be as good a reason as any to do it in that scenario.Yes, there are some laws in place that aren't necessarily followed, but it's not like there are agents placed out of businesses that fill growlers to make sure they're sealed. If someone is busted for drinking it in public, are they really going to go back to the business? I think what you're saying is that sealing a growler is pretty pointless outside of your wholesale scenario.
Posted 4 months ago # -
0Angle
Home-Northwood Park, Breweries-43215
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Growlers For Carryout (D-8 permit) - Allows D-8 permit holders to fill and sell “growlers” of beer for carryout. A “growler” is a reusable glass container whose capacity does not exceed one gallon into which beer is dispensed.
• Products must be registered for sale in Ohio by the Division;
• The growler must be a glass container not to exceed one gallon;
• Containers must be cleaned and sanitized by the retailer immediately before it is filled;
• Containers must be sealed and transported according to Ohio's open container laws.I guess "sealed" could be open to interpretation. I can't find anything pertinent in the open container law.
http://www.com.ohio.gov/liqr/OpenContainerLaw.aspxPosted 4 months ago # -
jackoh
The Village
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This thread is a perfect illustration of why there are attorneys who make a very comfortable living handling liquor violation cases and being on retainer to shepherd clients through the labyrinth of liquor laws and the regulations that are spawned from them. I know several of those attorneys who would have to sell their vacation homes and their overseas properties if sanity and clarity were ever to be introduced into the liquor law environment.
Posted 4 months ago # -
patient_zero
Falafel District
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FSonicSmith said:
Trixie, I am going to take a wild stab and guess that 1) you still have not read the OP and 2) you were not in the top 50% of your high school graduating class.Yikes! I hope someone got you a Snickers.
Get the Video Plugin Posted 4 months ago # -
Jarreau
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It is Illegal. BYOB falls under the "Open Container" statue 4301.62. You cannot go into any public space, i.e, business open to the public and be in possession of an open container. It is no different than sitting on the corner or walking down the street with an open beer or wine.
Sure, there are restaurants that allow it, but they are not the ones violating the law. The consumer is. Any police officer who wants to crack down on it can arrest anyone violating the Open Container Law.
Be careful and know the laws before participating in BYOB.
FYI, in Kentucky, the laws are a bit different and the owner as well as the consumer are in violation. A business owner cannot offer "an atmosphere, cups, openers, etc..." and can be arrested.
Posted 4 months ago # -
FSonicSmith
Columbus-downtown for work, East for the residence
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FSonicSmith said:
I like this Board, but it would be a lot better if the "Mean People Suck" button-wearers would friggin stop with their finger pointing. It's tiresome and annoying. Someone brought up the Young Ones recently. I am reminded of Rick. I started this thread not to ask if BYOB was legal or not, but to discuss how DoLC can declare it illegal when the statute is unclear and "Trixie" repeatedly chimed in like a clueless dunce that I should call DoLC and ask them.Posted 4 months ago # -
FSonicSmith
Columbus-downtown for work, East for the residence
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Jarreau said:
It is Illegal. BYOB falls under the "Open Container" statue 4301.62. You cannot go into any public space, i.e, business open to the public and be in possession of an open container. It is no different than sitting on the corner or walking down the street with an open beer or wine.Sure, there are restaurants that allow it, but they are not the ones violating the law. The consumer is. Any police officer who wants to crack down on it can arrest anyone violating the Open Container Law.
Be careful and know the laws before participating in BYOB.
FYI, in Kentucky, the laws are a bit different and the owner as well as the consumer are in violation. A business owner cannot offer "an atmosphere, cups, openers, etc..." and can be arrested.
I think you are correct as to applicable provision. It is illogical that a sealed bottle of wine brought into a restaurant and opened by your waiter falls under "open container" but it does as the Statute is written. The statute was amended not very long ago to allow the remaining wine not consumed at the restaurant to be sealed and brought home. Here's what the provision says;
(E) An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply:
(1) The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with.
(2) The opened bottle of wine that is resealed in accordance with division (E)(1) of this section is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.
How clumsy and antiquated is that? If you have a hatchback or some other vehicle without a trunk, you have to place it behind the last upright seat or somewhere else not "easily accessible"? Just plain silly. What if you have a motorcycle? Maybe dragged at the end of rope?
Posted 4 months ago # -
0Angle
Home-Northwood Park, Breweries-43215
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In my 20 years of alcohol production and subsequent interactions with the state and federal government I've found that I can accomplish a LOT more by hurling insults on a messageboard than by actually contacting someone who can make a difference.
Posted 4 months ago # -
Mister Shifter
Lewis Center
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"Can I get you two something to drink?"
"No, it's cool bro. I brought my own sixer."
Posted 4 months ago # -
patient_zero
Falafel District
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FSonicSmith said:
First and foremost, I appreciate the dialogue. I didn't post to argue.Just when you seemed to come to the realization that you were being pretty rude on your thread, "No doubt. Sorry. I'll accept the blame", you returned just as rude with your generalizations and name calling. Was it the video?
The Snickers video was less finger pointing and more of a visual reminder of how difficult situations can be resolved, and it seemed to reflect the moment. It is also a nod to OAngle, someone who's close to my age, and someone who knows I am a diabetic. Ha ha. You would not have known that though.
Columbus Underground is a community, and I have come to know many people here, and I celebrate our diversity in many ways, including age. Most of the contributors on this particular thread are well beyond 21, so I do not know why age is an issue on this thread, in reference to the "young ones".
What I take issue with, is you butchering the name of a man like OAngle, a man you seem you know little about. Besides being a respected member of our online community, a good part of his life is spent crafting the kind of beverage you might want to take into an establishment, a potential product of question in your thread. Some irony here? More importantly, in all honesty, he is one of the kindest individuals I have ever known. His post about contacting the DLC was genuine, not deserving of your snark. Please appreciate and respect his dialogue and the person, and stop referring to him as Trixie. If you knew the man like I knew him, you would be embarrassed by your behavior now.
In keeping with the spirit of this thread, you may wish to contact Chris and Michael Verich of Ohio Brewing Company, both of whom spent time in the Ohio House of Representatives. I spoke with Chris at last years Beerfest about liquor legislation. He could provide you with additional info on BYOB, as well as our antiquated state liquor laws.
Posted 4 months ago # -
mrmann
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Wow. I just got to this thread and can't imagine how an OP can be more off base. Hats off to OAngle for keeping his composure and remaining the helpful craftsman that he is.
FSonicSmith said:
Trixie, I am going to take a wild stab and guess that 1) you still have not read the OP and 2) you were not in the top 50% of your high school graduating class.Posted 4 months ago #
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