612.08 HOURS OF SALE OR CONSUMPTION.

   (a)   This rule shall apply to the retail sale of beer, wine, mixed beverages, or spirituous liquor.

   (b)   No beer, wine, mixed beverages, or spirituous liquor shall be sold or delivered by an A-1, A-1c, A-2, B-1, B-2, B-4, B-5, C-1, C-2, C-2X, D-1, D-2, D-2X, D-3 when issued without a D-3A, D-3X, D-4, D-5H, D-5K, D-8, F, F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F-9, G or I permit holder:

      (1)   From Monday to Saturday between the hours of one a.m. and five thirty a.m.

      (2)   On Sunday between the hours of one a.m. and Sunday midnight, unless statutorily authorized otherwise.

      (3)   Consumption of beer, wine, mixed beverages, or spirituous liquor is also prohibited during the above hours upon the premises of the above permit holders who are authorized by their permit to sell beer, wine, mixed beverages, or spirituous liquor for on-premises consumption.

   (c)   No beer, wine, mixed beverages, or spirituous liquid shall be sold or delivered by an A-1A, D-3 when issued with a D-3A, D-4A, D-5, D-5A, D-5B, D-5C, D-5D, D-5E, D-5F, D-5G,  D-5I, D-5J, D-5l, D-5m, D-5n, D-5o, or D-7 permit holder:

      (1)   From Monday to Saturday between the hours of two thirty a.m. and five thirty a.m.

      (2)   On Sunday between the hours of two thirty a.m. and Sunday midnight, unless statutorily authorized otherwise.

      (3)   Consumption of beer, wine, mixed beverages, or spirituous liquor is also prohibited during the above hours upon the premises of the above permit holders who are authorized by their permit to sell beer, wine, mixed beverages or spirituous liquor for on-premises consumption.

   (d)   Permit holders authorized to sell beer, wine, mixed beverages, or spirituous liquor at retail who are not specifically identified in subsection (b) or (c) above shall be subject to the provisions of subsection (b), unless statutorily authorized otherwise.

   (e)   The hours on Sunday during which sales, delivery, or consumption of alcoholic beverages may take place are established by statute, but in no event shall they begin prior to five thirty a.m.  (OAC 4301:1-1-49)

612.09 CONVEYING INTOXICATING LIQUOR OR CASH ONTO GROUNDS OF DETENTION FACILITIES OR OTHER INSTITUTIONS.

   (a)    No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or of an institution that is under the control of the Ohio Department of Mental Health or the Ohio Department of Mental Retardation and Developmental Disabilities, any intoxicating liquor, as defined in Section 612.01.

   (b)   Subsection (a) hereof does not apply to any person who conveys or attempts to convey an item onto the grounds of a detention facility or of an institution under the control of the Ohio Department of Mental Health or the Ohio Department of Mental Retardation and Developmental Disabilities pursuant to the written authorization of the person in charge of the detention facility or the institution and in accordance with the written rules of the detention facility or the institution.

   (c)    No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility or to any patient in an institution under the control of the Ohio Department of Mental Health or the Ohio Department of Mental Retardation and Developmental Disabilities, any intoxicating liquor as defined in Section 612.01.

   (d)    No person shall knowingly deliver, or attempt to deliver cash to any person who is confined in a detention facility.

   (e)    It is an affirmative defense to a charge under subsection (c) hereof that the actor was not otherwise prohibited by law from delivering the item to the confined person or the patient and that either of the following applies:

      (1)    The actor was permitted by the written rules of the detention facility or the institution to deliver the item to the confined person or the patient.

      (2)    The actor was given written authorization by the person in charge of the detention facility or the institution to deliver the item to the confined person or the patient.  (ORC 2929.36)

612.10 SALES OF LOW-ALCOHOL BEVERAGES TO UNDERAGE PERSONS; PROHIBITIONS AND MISREPRESENTATIONS.

   (a)    As used in this section, "underage person" means a person under eighteen years of age.

   (b)    No underage person shall purchase any low-alcohol beverage.

   (c)    No underage person shall order, pay for, share the cost of, or attempt to purchase, any low-alcohol beverage.

   (d)    No person shall knowingly furnish any false information as to the name, age or other identification of any underage person for the purpose of obtaining or with the intent to obtain any low-alcohol beverage for an underage person, by purchase or as a gift.

   (e)    No underage person shall knowingly show or give false information concerning his or her name, age or other identification for the purpose of purchasing or otherwise obtaining any low-alcohol beverage in any place in this State.

   (f)    No person shall sell or furnish any low-alcohol beverage to, or buy any low-alcohol beverage for, an underage person, unless given by a physician in the regular line of his or her practice or given for established religious purposes, or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian.

   No permit issued by the Ohio Department of Liquor Control shall be suspended, revoked or cancelled because of a violation of this subsection or subsection (g) hereof.

   (g)    No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming any low-alcohol beverage, unless the low-alcohol beverage is given to the person possessing or consuming it by that person's parent, spouse who is not an underage person, or legal guardian, and the parent, spouse who is not an underage person, or legal guardian, is present when the person possesses or consumes the low-alcohol beverage.

   An owner of a public or private place is not liable for acts or omissions in violation of this subsection that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee's acts or omissions.

   (h)    No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless he or she is accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the low-alcohol beverage is given by a physician in the regular line of his or her practice or given for established religious purposes.

   (i)    No parent, spouse who is not an underage person, or legal guardian of an underage person, shall knowingly permit the underage person to violate this section.

(ORC 4301.631)

   (j)    No low-alcohol beverage shall be sold to any person under eighteen years of age. (ORC 4301.22)

612.99 PENALTY.

   (EDITOR'S NOTE: See Section 698.02 for general Code penalty if no specific penalty is provided.)