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(EDITOR'S NOTE: Section 612.23 was repealed as part of the 1999 updating and revision of these Codified Ordinances because substantially equivalent State law (Ohio R.C. 4301.73) was repealed by the Ohio General Assembly by Am. H.B. No. 402, effective March 30, 1999.)
(a) Any person subject to an injunction, temporary or permanent, granted pursuant to Ohio R.C. 3767.05(D) or (E) involving a condition described in division (3) of the definition of “nuisance” in Ohio R.C. 3767.01, or a substantially equivalent municipal ordinance, shall obey the injunction. If the person violates the injunction, the court, or in vacation a judge thereof, may summarily try and punish the violator. The proceedings for punishment for contempt shall be commenced by filing with the Clerk of the Court from which the injunction issued, information under oath setting out the alleged facts constituting the violation, whereupon the court shall cause a warrant to issue under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may demand the production and oral examination of the witnesses.
(ORC 4301.74)
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 4301.99(C))
(a) As used in this section, “underage person” means a person under 18 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 Municipality.
(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.
(g) (1) 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.
(2) An owner of a public or private place is not liable for acts or omissions in violation of division (g)(1) that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee's acts or omissions.
(h) No permit issued by the Division of Liquor Control shall be suspended, revoked, or cancelled because of a violation of either division (f) or (g).
(i) 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.
(j) 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)
(k) No low-alcohol beverage shall be sold to any person under 18 years of age.
(ORC 4301.22)
(l) Whoever violates division (b) of this section shall be fined not less than twenty- five dollars ($25.00) nor more than one hundred dollars ($100.00). The court imposing a fine for a violation of division (b) of this section may order that the fine be paid by the performance of public work at a reasonable hour rate established by the court. The court shall designate the time within which the public work shall be completed.
(ORC 4301.99(E))
(m) Whoever violates subsections (c) through (k) hereof is guilty of a misdemeanor of the fourth degree.
(ORC 4301.99(B))
(a) As used in this section and Section 612.27:
(1) “Card holder” means any person who presents a driver’s or commercial driver’s license or an identification card to a permit holder, or an agent or employee of a permit holder, for either of the purposes listed in under divisions (1) or (2) of the definition for “transaction scan” in this section.
(2) “Identification card” means an identification card issued under Ohio R.C. 4507.50 through 4507.52 or an equivalent identification card issued by another state.
(3) “Permit holder” means the holder of a permit issued under Ohio R.C. Chapter 4303.
(4) “Transaction scan” means the process by which a permit holder or an agent or employee of a permit holder checks, by means of a transaction scan device, the validity of a driver’s or commercial driver’s license or an identification card that is presented as a condition for doing either of the following:
A. Purchasing any beer, intoxicating liquor, or low-alcohol beverage;
B. Gaining admission to a premises that has been issued a liquor permit authorizing the sale of beer or intoxicating liquor for consumption on the premises where sold, and where admission is restricted to persons 21 years of age or older.
(5) “Transaction scan device” means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s or commercial driver’s license or an identification card.
(b) (1) A permit holder or an agent or employee of a permit holder may perform a transaction scan by means of a transaction scan device to check the validity of a driver’s or commercial driver’s license or identification card presented by a card holder for either of the purposes listed in divisions (1) or (2) of the definition for “transaction scan” in this section.
(2) If the information deciphered by the transaction scan performed under division (b)(1) of this section fails to match the information printed on the driver’s or commercial driver’s license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the permit holder nor any agent or employee of the permit holder shall sell any beer, intoxicating liquor, or low- alcohol beverage to the card holder.
(3) Division (b)(1) of this section does not preclude a permit holder or an agent or employee of a permit holder from using a transaction scan device to check the validity of a document other than a driver’s or commercial driver’s license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition of a sale beer, intoxicating liquor, or a low-alcohol beverage or of granting admission to a premises described in the definition for “transaction scan” in this section.
(c) The Registrar of Motor Vehicles, with the approval of the Liquor Control Commission, shall adopt, and may amend or rescind, rules in accordance with Ohio R.C. Chapter 119 that do both of the following:
(1) Govern the recording and maintenance of information described in Ohio R.C. 4301.61(D)(1)(a) and (D)(1)(b), Ohio R.C. 2925.57(D)(1)(a) and (D)(1)(b), and Ohio R.C. 2927.021(D)(1)(a) and (D)(1)(b);
(2) Ensure quality control in the use of transaction scan devices under Ohio R.C. 2925.57, 2925.58, 2927.021, 2927.022, 4301.61, and 4301.611.
(d) (1) No permit holder or agent or employee of a permit holder shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following:
A. The name and date of birth of the person listed on the driver’s or commercial driver’s license or identification card presented by the card holder;
B. The expiration date and identification number of the driver’s or commercial driver’s license or identification card presented by the card holder.
(2) No permit holder or agent or employee of a permit holder shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (d)(1) of this section, except for purposes of Ohio R.C. 4301.611, or a substantially equivalent municipal ordinance.
(3) No permit holder or agent or employee of a permit holder shall use a transaction scan device for a purpose other than a purpose listed in divisions (1) or (2) of the definition for “transaction scan” in this section.
(4) No permit holder or agent or employee of a permit holder shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by Ohio R.C. 4301.611, or a substantially equivalent municipal ordinance, or another section of this code or the Ohio Revised Code.
(e) Nothing in this section or Ohio R.C. 4301.611, or a substantially equivalent municipal ordinance, relieves a permit holder or an agent or employee of a permit holder of any responsibility to comply with any other applicable local, State or Federal laws or rules governing the sale of beer, intoxicating liquor, or low-alcohol beverages.
(f) Whoever violates division (b)(2) or (d) of this section is guilty of an illegal liquor transaction scan, and the court may impose upon the offender a civil penalty of up to one thousand dollars ($1,000.00) for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury.
(ORC 4301.61)
(a) A permit holder or an agent or employee of a permit holder may not be found guilty of a charge of a violation of this chapter or any rule of the Liquor Control Commission in which the age of the purchaser of any beer, intoxicating liquor, or low- alcohol beverage is an element of the alleged violation, if the permit holder, agent, or employee raises and proves as an affirmative defense that all of the following occurred:
(1) A card holder attempting to purchase any beer, intoxicating liquor, or low- alcohol beverage presented a driver’s or commercial driver’s license or an identification card.
(2) A transaction scan of the driver’s or commercial driver’s license or identification card that the card holder presented indicated that the license or card was valid.
(3) The beer, intoxicating liquor, or low-alcohol beverage was sold to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
(b) In determining whether a permit holder or an agent or employee of a permit holder has proven the affirmative defense provided by division (a) of this section, the Liquor Control Commission or the trier of fact in a court of record shall consider any written policy that the permit holder has adopted and implemented and that is intended to prevent violations of Ohio R.C. 4301.22(A)(1) or (A)(2), 4301.63 through 4301.636, 4301.69, and 4301.691, or any substantially equivalent municipal ordinances. For purposes of division (a)(3) of this section, the Commission or trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a permit holder or an agent or employee of a permit holder to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a permit holder or an agent or employee of a permit holder from exercising reasonable diligence to determine, the following:
(1) Whether a person to whom the permit holder or agent or employee of a permit holder sells any beer or intoxicating liquor is 21 years of age or older or sells low-alcohol beverage is 18 years of age or older;
(2) Whether the description and picture appearing on the driver’s or commercial driver’s license or identification card presented by a card holder is that of the card holder.
(c) The affirmative defense provided by division (a) of this section is in addition to the defense provided by Ohio R.C. 4301.639, or any substantially equivalent municipal ordinance.
(d) In any hearing before the Liquor Control Commission and in any criminal action in which the affirmative defense provided by division (a) of this section is raised, the Registrar of Motor Vehicles or a deputy registrar who issued an identification card under Ohio R.C. 4507.50 through 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the hearing or action.
(ORC 4301.611)
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