Ohioans could get alcoholic ice cream to-go – and get unlimited shipments of the dessert to homes and locations throughout the state – if a House bill is approved.
But there’s a catch – if it’s shipped, the state wants to keep a record of who bought it, where it was shipped and how much was ordered.
The measure, House Bill 160 sponsored by State Rep. Catherine Ingram (D-32), was approved 13-1 by the State and Local Government Committee. Ingram hopes it’s on the agenda as soon as members return from their summer break.
Alcoholic ice cream contains 0.5 – 6 percent alcohol by volume. Currently, A-5 liquor permit holders may sell it only to personal consumers at the permit holder’s premise.
H.B. 160 would allow manufacturers with an A-5 permit to ship alcoholic ice cream to a personal consumer so long as the shipper holds an H liquor permit, like FedEx or UPS. It also allows the sale of alcoholic ice cream to retail liquor permit holders for resale, like to a restaurant or grocery store.
Lastly, the bill eliminates the current four-pint cap on the amount of alcoholic ice cream that a personal consumer may buy in any given day. It maintains the requirement than consumers be 21 years old.
“Under current Ohio law, beer growlers and wine bottles are able to be sold from retailers and restaurants and these type of sales should include the up and coming product of alcoholic ice cream,” Ingram said in her sponsor testimony.
“Ohio has an opportunity to become a national leader in this product with laws that are more conducive to this business,” she added. “Analysts on Wall Street have pegged this industry at 1.25 and 2.5 billion dollars per year in the U.S by 2022.”
Ingram said that the owners of Buzzed Bull Creamery in Cincinnati had asked for a similar bill during the last General Assembly.
“In the age of creation and invention, these entrepreneurs came up with the idea to mix the two things together,” she said. “When they came up with the idea, they couldn’t sell it to-go, so that’s what this bill does. They also asked to be able to have it carried in stores and be able to ship it – and that makes sense.”
“It’s just another way to take advantage of the promise we’ve made to help people be creative and do business here in Ohio,” she added.
The bill includes specific shipping requirements:
- The package in which the ice cream is being shipped must be clearly marked with the words “alcohol enclosed” in bold print;
- Prior to sending the shipment, the A-5 permit holder (or an employee) must make an effort to ensure that the personal consumer is at least 21; and
- At the time of delivery, the H permit holder (or an employee) must verify that the personal consumer is at least 21.
Additionally, all manufacturers must send an annual report to the Division of Liquor Control that includes the name and address of each person who purchased alcoholic ice cream via shipment, and the quantity that was bought.
Ingram emphasized that the shipping provisions and sales will be handled just like other alcohol in the state.
“All the precautions that apply to (other alcohol) deliveries apply here, so some delivery person isn’t going to leave it with a child,” she said.
She also said that sales in retail stores will require validation of the age by checking an ID, just like all other alcohol sales.
State Rep. John Becker (R-65) voted against the bill in committee.
“Ice cream is a favorite treat for children,” he said in an email. “Alcoholic products are for adults. A high wall of separation should be in place between children’s treats and adult beverages. The proponents of the bill were unable to convince me of those safeguards.”
Other than Becker, there has been no opposition to the bill.
“I would love to see it passed by the end of the year so we can have it for the holidays,” Ingram said.
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Maggie Leigh Thurber is a writer for The Ohio Star. Email tips to [email protected].
