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Can I offer discounts or promotions without violating pricing laws in Ohio? What are the requirements?
Requirements for Offering Discounts or Promotions in Ohio
To offer discounts or promotions without violating pricing laws in Ohio, there are certain requirements that must be met.
According to OHRC Section 4301.041, the liquor control commission may determine and fix by rule the minimum percentage mark-up for sales at retail of beer, whether in case lot or less. To determine the retail price of beer, the minimum percentage mark-up may be applied to the wholesale price of the manufacturer or wholesale distributor charged to the retail permit holder. Such prices shall apply to sales made at retail by a permit holder for off-premise consumption only [1.2].
Therefore, it is important to ensure that any discounts or promotions offered do not violate the minimum percentage mark-up set forth by the liquor control commission.
Additionally, OHRC Section 3717.53 states that the director of agriculture has sole and exclusive authority in Ohio to regulate the provision of food nutrition information and consumer incentive items at food service operations. The director may adopt rules for that purpose in accordance with Chapter 119 of the Revised Code. Rules adopted under this section shall be applied uniformly throughout Ohio. No political subdivision shall enact, adopt, or continue in effect local legislation relating to the provision or nonprovision of food nutrition information or consumer incentive items at food service operations [4.3].
Conclusion
To summarize, to offer discounts or promotions without violating pricing laws in Ohio, it is important to ensure that any discounts or promotions offered do not violate the minimum percentage mark-up set forth by the liquor control commission. Additionally, if offering a promotion at a food service operation, it is important to comply with the regulations set forth by the director of agriculture.
Source(s):
- [1.2] Minimum percentage mark-up for sales at retail of beer.
- [4.3] Provision of food nutrition information and consumer incentive items.
Jurisdiction
Ohio