Sigh, they are still putting out a flawed new revised policy..
They are saying they must post because of the D license for wine tasting events.
NOT TRUE
They have D6 and D8 licenses and those have exemption for CC if we are not tasting. Its clear in ORC 2923.121.
KEEP calling and emailing folks. I'm sorry it looks like it was premature to call victory.
They are posting because of their flawed interpretation of Ohio liquor law. SO they say but we have information that they are using this as a cover for the initial reason they did the policy change.
In any event this is my response back to Kroger CYA email they sent me today.
Quote:
Dear Sir,
There is some clarification that we are trying to distribute concerning the Concealed Weapon policy. Concealed weapons are not allowed in establishments with Class D Liquor licenses that serve alcohol. Those store should have that posted. Other stores that do not serve alcohol will allow concealed weapons to be carried. Signs should not be posted at those establishments. Weapons that are not clearly concealed and are brought to a store’s notice, the carrier of the firearm can be asked to leave the premises.
Timothy Titus
Kroger Customer Relations
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Quote:
Dear Mr. Titus,
It seems there has been an error in interpretation by your compliance department of section 2923.121 of the ORC in regards to prohibition of licensed concealed carry in class D establishments .
The law reads as follows:
2923.121 Possession of firearm in liquor permit premises - prohibition, exceptions.
(A) No person shall possess a firearm in any room in which any person is consuming liquor in premises for which a D permit has been issued under Chapter 4303. of the Revised Code or in an open air arena for which a permit of that nature has been issued.
(B)(1) This section does not apply to any of the following:
(e) Any person who is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued to the person by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code and who possesses the firearm in a retail store with D-6 and D-8 permits issued for that store under sections 4303.182 and 4303.184 of the Revised Code or a D-8 permit issued for that store under section 4303.184 of the Revised Code, as long as the person is not consuming liquor or under the influence of alcohol or a drug of abuse.
So as you can clearly see, someone in compliance has put you in an untenable position with regards to the actual law.
I am certain this misunderstanding and unfortunate protest resulting from a flawed interpretation of the law by Kroger can be worked out.
Until this issue is resolved I’m sure the protest will continue.
I am available to discuss it further at any time. Please feel free to call me and I’m sure we can get past this unfortunate trouble.
Sincerely
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