§ 617.021 Purchase, Consumption or Possession by Minor; Misrepresentation
   (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)