§ 617.07 Open Container Prohibited; Exception

   (a)   As used in this section, “street”, “highway”, and “motor vehicle” have the same meanings as in RC 4511.01.

   (b)   No person shall have in his or her possession an opened container of beer or intoxicating liquor in any of the following circumstances:

      (1)   In a state liquor store;

      (2)   On the premises of the holder of any permit issued by the Department of Liquor Control;

      (3)   In any other public place;

      (4)   While operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking;

      (5)   While being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.

      (6)   A.   A person may have in the person's possession an opened container of beer or intoxicating liquor at an outdoor location within an outdoor refreshment area created under Chapter 699B if the opened container of beer or intoxicating liquor was purchased from a qualified permit holder to which both of the following apply:

            1.   The permit holder's premises is located within the outdoor refreshment area.

            2.   The permit held by the permit holder has an outdoor refreshment area designation.

         B.   Division (b)(6) of this section does not authorize a person to do either of the following:

            1.   Enter the premises of an establishment within an outdoor refreshment area while possessing an opened container of beer or intoxicating liquor acquired elsewhere;

            2.   Possess an opened container of beer or intoxicating liquor while being in or on a motor vehicle within an outdoor refreshment area.

   (c)   This section does not apply to beer or intoxicating liquor which has been lawfully purchased for consumption on the premises where bought of a holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-7, E, F, or F-2 permit, or to beer or intoxicating liquor consumed on the premises of a convention facility as provided in RC 4303.201.

   (d)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.

(Ord. No. 666-16. Passed 6-6-16, eff. 6-7-16)

Statutory reference:
   Similar state law, see RC 4301.62