Alcohol and hotels

[HotelGM]

I live in Ohio.

I know this probably isn't the right place to put this, but I didn't see anywhere that my question really fit.

I am the General Manager of a hotel in Ohio. My hotel does not have a liquor license. I recently started doing Guest receptions in the evenings...light snacks, beverages, etc. One evening, I gave out coupons for a free alcoholic beverage. I had some beer, and a couple of bottles of wine. The alcohol was not available for self service, guests had to come to the front desk to get it and show ID.

The owner of the hotel stopped in that night and was concerned about the legalities of giving away alcohol. I had spoken to someone in our management company prior to giving away the alcohol who said he has done it in several of his other hotels, and that it is legal.

I don't want to get myself or the owner in any trouble. Can anyone give me a definitive answer on whether or not giving away alcoholic beverages to guests in a hotel without a liquor license is legal?

Thanks so much!

 

[Zigner]

I would suggest that you check with the folks who actually control this: https://com.ohio.gov/divisions-and-programs/liquor-control/liquor-control

If you are unable to figure out what you need from there, then you should consult with counsel. This is not something to trust to random strangers on the internet.

EDIT:
A very important point is made within the pages of that site:
It is important to remember that understanding Ohio’s liquor laws and regulations cannot be done in isolation (i.e. reading just a portion of one rule). Rather, the reader must understand the context of other laws, court cases, and the historical nature of how we got here since prohibition ended.

 

[Zigner]

I want to post this separately from my prior post so that it doesn't cause the prior information to get lost.

Your scheme of offering "free" alcohol as part of an event that you have booked into the hotel seems to me to be a very thinly veiled attempt at circumventing the state liquor laws. This isn't just a party where you give out beers to your relatives. This is an event that your facility is paid to host, and, as such, it seems pretty clear that the drinks you are giving out for "free" are actually paid for as part of the reception and, as such, almost definitely would require the appropriate liquor license.

 

[HotelGM]

Thank you for your response. The guest reception is completely 100% free of charge. No schemes - a guest or manager's reception is a way for a hotel to provide added value to our guests. We expect nothing in return. Alcohol is not always offered - one night we did hot cocoa, and one night we did punch.

 

[adjusterjack]

Can anyone give me a definitive answer

Yes.

A criminal defense attorney can give you a definitive answer.

And that's the only one you and the owner should be getting it from.

You could both go to jail over this.

 

[Zigner]

Thank you for your response. The guest reception is completely 100% free of charge. No schemes - a guest or manager's reception is a way for a hotel to provide added value to our guests. We expect nothing in return. Alcohol is not always offered - one night we did hot cocoa, and one night we did punch.

You're serving alcohol to paying guests.

 

[not2cleverRed]

Thank you for your response. The guest reception is completely 100% free of charge. No schemes - a guest or manager's reception is a way for a hotel to provide added value to our guests. We expect nothing in return. Alcohol is not always offered - one night we did hot cocoa, and one night we did punch.

So, people who are not staying at the hotel can just walk in and partake? Right, I doubt it.
Who's purchasing the alcohol? You, out of your own salary? If not, then the drinks are just a perk that's included as part of the cost, much the same as a gym or continental breakfast - one does not have to use the perk for the perk to be considered part of the cost of being there.

As an aside, in addition to the other points brought up here, consider that other liability issues:
1) providing alcohol to people under 21 could expose you to legal problems. Or do you card all your guests?
2) any accident/injury that happens after someone imbibes could expose to civil problems or worse.

Your establishment's insurance might have an issue with you exposing the establishment to such claims.

 

[LdiJ]

You could also check into whether or not your state/county offers temporary liquor licenses for special events.

 

[zddoodah]

Can anyone give me a definitive answer on whether or not giving away alcoholic beverages to guests in a hotel without a liquor license is legal?

You'll need someone local to speak to the local alcohol distribution regulations, but there's not otherwise anything illegal about one adult giving alcohol to another adult.

That said, you shouldn't do it again without clear and express permission of your boss, and he/she should seek advice from an attorney before giving such permission. At the bare minimum, this creates a potential insurance issue.

 

[Zigner]

You'll need someone local to speak to the local alcohol distribution regulations, but there's not otherwise anything illegal about one adult giving alcohol to another adult.

That said, you shouldn't do it again without clear and express permission of your boss, and he/she should seek advice from an attorney before giving such permission. At the bare minimum, this creates a potential insurance issue.

It would be wise to read the entire thread prior to responding.

 

[LdiJ]

It would be wise to read the entire thread prior to responding.

Huh? What in that response made you think that he hadn't read the entire thread? Don't do it unless the owner says ok, and the owner shouldn't say ok without the blessing of an attorney, seems to pretty much cover all scenarios.

 

[HotelGM]

I would suggest that you check with the folks who actually control this: https://com.ohio.gov/divisions-and-programs/liquor-control/liquor-control

If you are unable to figure out what you need from there, then you should consult with counsel. This is not something to trust to random strangers on the internet.

EDIT:
A very important point is made within the pages of that site:
It is important to remember that understanding Ohio’s liquor laws and regulations cannot be done in isolation (i.e. reading just a portion of one rule). Rather, the reader must understand the context of other laws, court cases, and the historical nature of how we got here since prohibition ended.

I checked out the website and found the number to call the Division of Liquor Control. Because we invite only in-house guests through our guest messaging system, and non guests are not permitted to walk in off the street and join in, and as long as we continue to ID our guests before giving them their complimentary drink, it is completely legal for us to include alcohol in our guest receptions.

Thanks again for all of the responses.

 

[zddoodah]

It would be wise to read the entire thread prior to responding.

It would be wise not to make ignorant assumptions before posting.

 

[quincy]

You'll need someone local to speak to the local alcohol distribution regulations, but there's not otherwise anything illegal about one adult giving alcohol to another adult.

That said, you shouldn't do it again without clear and express permission of your boss, and he/she should seek advice from an attorney before giving such permission. At the bare minimum, this creates a potential insurance issue.

What is bolded above is an awfully broad (and incorrect) statement.