617.01 Definitions
617.02 Sales to and Use by Minors; Securing Public Accommodations
617.021 Purchase, Consumption or Possession by Minor; Misrepresentation
617.03 Sales to Intoxicated Persons
617.04 Liquor Consumption in Motor Vehicle
617.05 Permit Required
617.06 Printed Warnings to be Posted
617.07 Open Container Prohibited; Exception
617.08 Hours of Sale or Consumption
617.09 Bottle Clubs
617.10 Conveying Intoxicating Liquors or Drugs into Hospital
617.11 Selling or Dispensing Beer or Liquor in Certain Public Premises
617.12 Consumption of Intoxicating Liquor in Parks and Recreational Facilities
Cross-reference:
Disorderly conduct; intoxication, CO 605.03
Intoxicant use prohibited while operating motor vehicle at airport, CO 571.25
Intoxicating liquors at markets, CO 553.07
Renting vessels to intoxicated persons, CO 573.40
Renting watercraft to intoxicated persons, CO 485.17
Use or sale of intoxicating liquor in parks, CO 559.46
Using weapons while intoxicated, CO 627.04
Watercraft operation under influence of alcohol or drug of abuse, CO 485.03
Disorderly conduct; intoxication, CO 605.03
Intoxicant use prohibited while operating motor vehicle at airport, CO 571.25
Intoxicating liquors at markets, CO 553.07
Renting vessels to intoxicated persons, CO 573.40
Renting watercraft to intoxicated persons, CO 485.17
Use or sale of intoxicating liquor in parks, CO 559.46
Using weapons while intoxicated, CO 627.04
Watercraft operation under influence of alcohol or drug of abuse, CO 485.03
Statutory reference:
See sectional histories for similar State law
Local option, RC 4301.32 et seq., 4303.29
Prohibiting sale of intoxicating liquor on Sunday, RC 4301.22
See sectional histories for similar State law
Local option, RC 4301.32 et seq., 4303.29
Prohibiting sale of intoxicating liquor on Sunday, RC 4301.22
As used in the Codified Ordinances:
(a) “Alcohol” means ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. Alcohol does not include denatured alcohol and wood alcohol.
(b) “Intoxicating liquor” and “liquor” include all liquids and compounds, other than beer as defined in division (c) of this section containing one-half of one percent (0.5%) or more of alcohol by volume which are fit to use for beverage purposes, from whatever source and by whatever process produced, by whatever name called and whether or not the same are medicated, proprietary or patented. The phrase includes wine as defined in RC 4301.01 even if it contains less than four percent (4%) of alcohol by volume, mixed beverages as defined in RC 4301.01 even if they contain less than four percent (4%) of alcohol by volume, cider, as defined in RC 4301.01, alcohol and all solids and confections which contain any alcohol.
(c) “Beer”, “malt liquor” or “malt beverages” includes all brewed or fermented malt products containing one-half of one percent (0.5%) or more of alcohol by volume but not more than six percent (6%) of alcohol by weight.
(d) “Person” includes firms and corporations.
(e) “Cider” means all liquids fit to use for beverage purposes that contain one-half of one per cent (0.5%) of alcohol by volume, but not more than six per cent (6%) of alcohol by weight that are made through the normal alcoholic fermentation of the juice of sound, ripe apples, including, without limitation, flavored, sparkling, or carbonated cider and cider made from pure condensed apple must.
(RC 4301.01; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) Except as otherwise provided in this chapter or RC Chapter 4301, no person shall sell beer or intoxicating liquor to an underage person, or buy beer or intoxicating liquor for, or furnish it to, 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.
In proceedings before the Liquor Control Commission, no permit holder, his or her employee or agent charged with a violation of this division shall, for the same offense, be charged with a violation of division (A)(1) of RC 4301.22.
(b) 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 beer or intoxicating liquor, unless the intoxicating liquor or beer 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 at the time of the person’s possession or consumption of the beer or intoxicating liquor.
An owner of a public or private place is not liable for acts or omissions in violation of this division that are committed by a lessee of that public place, unless the owner authorizes or acquiesces in the lessee’s acts or omissions.
(c) No person shall engage or use accommodations at a hotel, inn, cabin, campground or restaurant when he or she knows or has reason to know either of the following:
(1) That beer or intoxicating liquor will be consumed by an underage person on the premises of the accommodations that the person engages or uses, unless the person engaging or using the accommodations is the spouse of the underage person and who is not himself or herself an underage person, or is the parent or legal guardian of all of the underage persons, who consume beer or intoxicating liquor on the premises and that person is on the premises at all times when beer or intoxicating liquor is being consumed by an underage person;
(2) That a drug of abuse will be consumed on the premises of the accommodations by any person, except a person who obtained the drug of abuse pursuant to a prescription issued by a practitioner and has the drug of abuse in the original container in which it was dispensed to the person.
(d) (1) No person is required to permit the engagement of accommodations at any hotel, inn, cabin or campground by an underage person or for an underage person, if the person engaging the accommodations knows or has reason to know that the underage person is intoxicated, or that the underage person possesses any beer or intoxicating liquor and is not accompanied by a parent, spouse who is not an underage person, or legal guardian who is or will be present at all times when the beer or intoxicating liquor is being consumed by the underage person.
(2) No underage person shall knowingly engage or attempt to engage accommodations at any hotel, inn, cabin or campground by presenting identification that falsely indicates that he or she is twenty-one (21) years of age or older for the purpose of violating this section.
(e) No underage person shall knowingly possess or consume any beer or intoxicating liquor, in any public or private place, unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the beer or intoxicating liquor is given by a physician in the regular line of his or her practice or given for established religious purposes.
(f) No parent, spouse who is not an underage person, or legal guardian of a minor shall knowingly permit the minor to violate this section or divisions (a) to (d) of Section 617.021.
(g) The operator of any hotel, inn, cabin or campground shall make the provisions of this section available in writing to any person engaging or using accommodations at the hotel, inn, cabin or campground.
(h) As used in this section:
(1) “Drug of abuse” has the same meaning as in RC 3719.011.
(2) “Hotel” has the same meaning as in RC 3731.01.
(3) “Minor” means a person under the age of eighteen (18) years.
(4) “Practitioner” and “prescription” have the same meanings as in RC 3719.01.
(5) “Underage person” means a person under the age of twenty-one (21) years.
(RC 4301.69)
(i) Whoever violates division (b), (c), (d), (e), or (f) of this section is guilty of a misdemeanor of the first degree. Whoever violates division (a) of this section is guilty of a misdemeanor, shall be fined not less than five hundred ($500.00) and not more than one thousand dollars ($1,000.00), and, in addition to the fine, may be imprisoned for a definite term of not more than six (6) months.
(RC 4301.99)
(j) The provisions of this section relating to the attempted purchase, purchase, sale, possession or consumption of beer apply only to persons who on July 31, 1987, are less than nineteen (19) years of age.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
(a) Except as otherwise provided in this chapter or RC Chapter 4301, no person under the age of twenty-one (21) years shall purchase beer or intoxicating liquor.
(RC 4301.63)
(b) Except as otherwise provided in this chapter or RC Chapter 4301, no person shall knowingly furnish any false information as to the name, age or other identification of any person under twenty-one (21) years of age for the purpose of obtaining or with the intent to obtain, beer or intoxicating liquor for a person under twenty-one (21) years of age, by purchase, or as a gift.
(RC 4301.633)
(c) Except as otherwise provided in this chapter or RC Chapter 4301, no person under the age of twenty-one (21) years shall knowingly show or give false information concerning his or her name, age or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place where beer or intoxicating liquor is sold under a permit issued by the State Division of Liquor Control or sold by the State Division of Liquor Control.
(RC 4301.634)
(d) (1) Whoever violates any provision of this section for which no other penalty is provided is guilty of a misdemeanor of the first degree.
(2) Whoever violates division (a) 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 (a) of this section may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court. The court shall designate the time within which the public work shall be completed.
(RC 4301.99(F))
(3) Whoever violates division (c) of this section is guilty of a misdemeanor of the first degree. If, in committing a first violation of that section, the offender presented to the permit holder or the permit holder’s employee or agent a false, fictitious, or altered identification card, a false or fictitious driver’s license purportedly issued by any state, or a driver’s license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than two hundred fifty ($250.00) and not more than one thousand dollars ($1,000.00), and may be sentenced to a term of imprisonment of not more than six (6) months.
(4) On a second violation of division (c) of this section or if the offender has violated RC 4301.634 once in the past on a first violation of division (c) of this section in which, for the second time, the offender presented to the permit holder or the permit holder’s employee or agent a false, fictitious, or altered identification card, a false or fictitious driver’s license purportedly issued by any state, or a driver’s license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred ($500.00) nor more than one thousand dollars ($1,000.00), and may be sentenced to a term of imprisonment of not more than six (6) months. The court also may suspend the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege or deny the offender the opportunity to be issued a driver’s or commercial driver’s license for a period not exceeding sixty (60) days.
(5) On a third or subsequent violation of division (c) of this section or if the offender has violated RC 4301.634 one (1) or more times in the past, on a first or subsequent violation of division (c) of this section if the total violations of this section and RC 4301.634 is three (3) or more, in which, for the third or subsequent time, the offender presented to the permit holder or the permit holder’s employee or agent a false, fictitious, or altered identification card, a false or fictitious driver’s license purportedly issued by any state, or a driver’s license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred ($500.000) nor more than one thousand dollars ($1,000.00), and may be sentenced to a term of imprisonment of not more than six (6) months. The court also shall suspend the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege or deny the offender the opportunity to be issued a driver’s or commercial driver’s license for a period of ninety (90) days, and the court may order that the suspension or denial remain in effect until the offender attains the age of twenty-one (21) years. The court also may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform.
(Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)
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