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Cleveland, OH Code of Ordinances
CITY OF CLEVELAND, OHIO CODE OF ORDINANCES
CHARTER OF THE CITY OF CLEVELAND
PART ONE: ADMINISTRATIVE CODE
PART TWO: HEALTH CODE
PART THREE: LAND USE CODE
PART FOUR: TRAFFIC CODE
PART FIVE: MUNICIPAL UTILITIES AND SERVICES CODE
PART SIX: OFFENSES AND BUSINESS ACTIVITIES CODE
TITLE I: GENERAL OFFENSES
CHAPTER 601: GENERAL PROVISIONS AND PENALTY
CHAPTER 602 - FACIAL COVERINGS AND SOCIAL DISTANCING DURING THE COVID-19 PANDEMIC
CHAPTER 603 - ANIMALS AND FOWL
CHAPTER 603A - EXOTIC ANIMALS
CHAPTER 604 - DOGS THAT POSE A THREAT TO PUBLIC SAFETY
CHAPTER 605 - DISORDERLY CONDUCT AND ACTIVITY
CHAPTER 607 - DRUG ABUSE CONTROL
CHAPTER 609 - FAMILY OFFENSES
CHAPTER 611 - GAMBLING
CHAPTER 613 - LITTERING
CHAPTER 615 - LAW ENFORCEMENT AND PUBLIC OFFICE
CHAPTER 617 - LIQUOR CONTROL
CHAPTER 618 - LIQUOR PERMIT MANAGER REGISTRY
CHAPTER 619 - OBSCENITY AND SEX OFFENSES
CHAPTER 621 - OFFENSES AGAINST PERSONS
CHAPTER 623 - PROPERTY OFFENSES
CHAPTER 625 - THEFT AND FRAUD
CHAPTER 627 - WEAPONS
CHAPTER 627A - POSSESSION OF FIREARMS BY CHILDREN
CHAPTER 628 - GUN OFFENDER REGISTRY
CHAPTER 629 - SAFETY AND SANITATION
CHAPTER 630 - CRIMINAL ACTIVITY NUISANCES
CHAPTER 631 - RAILROADS
CHAPTER 633 - OBSTRUCTION MARKING AND LIGHTING
TITLE III: CONSUMER PROTECTION
TITLE V: DISCRIMINATION
TITLE VII: BUSINESS REGULATION
TITLE IX: AMUSEMENTS
TITLE VIIA: CLEVELAND NEIGHBORHOOD FORM-BASED CODE
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§ 617.05 Permit Required
   (a)   No person by himself or herself or by his or her clerk, agent or employee shall manufacture, manufacture for sale, offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any beer or intoxicating liquor in the City, or transport, import or cause to be transported or imported any beer, intoxicating liquor or alcohol in or into the City for delivery, use or sale, unless such person has fully complied with RC Chapters 4301 and 4303 or is the holder of a permit issued by the Department of Liquor Control and in force at the time.
(RC 4303.25)
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
§ 617.06 Printed Warnings to be Posted
   (a)   Every place in the City where beer, intoxicating liquor, or any low-alcohol beverage is sold for beverage purposes, either under a permit issued by the Ohio Department of Liquor Control, or by the Ohio Department of Liquor Control shall display at all times, in a prominent place on the premises thereof, a printed card, which shall be furnished by the Department and which shall read substantially as follows:
   WARNING TO PERSONS UNDER AGE
   If you are under the age of 21
   Under the statutes of the State of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or possess or consume beer or intoxicating liquor, in any public place, or furnish false information as to name, age or other identification, you are subject to a fine of up to one thousand dollars ($1,000.00), or imprisonment up to six (6) months, or both.
   If you are under the age of 18
   Under the statutes of the State of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or possess or consume, any type of beer or wine that contains either no alcohol or less than one-half of one per cent (0.5%) of alcohol by volume in any public place, or furnish false information as to name, age, or other identification, you are subject to a fine of up to two hundred fifty dollars ($250.00) or to imprisonment up to thirty (30) days, or both.
   No person shall be subject to any criminal prosecution or any proceedings before the Department or the Liquor Control Commission for failing to display this card. No permit issued by the Department shall be suspended, revoked or canceled because of the failure of the permit holder to display this card.
   (b)   Every place in the City for which a D permit has been issued under RC Chapter 4303 shall be issued a printed card, that shall be furnished by the Department of Liquor Control that shall read substantially as follows:
   WARNING
   If you are carrying a firearm
   Under the statutes of Ohio, if you possess a firearm in any room in which liquor is being dispensed in premises for which a D permit has been issued under RC Chapter 4303, you may be guilty of a felony and are subject to a term of actual incarceration of one (1) or two (2) years.
   No person shall be subject to any criminal prosecution or any proceedings before the Department of Liquor Control or the Liquor Control Commission for failing to display this card. No permit issued by the Department shall be suspended, revoked or canceled because of the failure of the permit holder to display this card.
(RC 4301.637; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)
§ 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
§ 617.08 Hours of Sale or Consumption
   (a)   No beer or other malt beverages shall be sold by, delivered by, or be permitted to be consumed on week days upon the premises of a C-1, C-2, D-1, D-2 or D-4 permit holder between the hours of 1:00 a.m. and 5:30 a.m.
   No wine, prepared highballs, cocktails or other mixed drinks, as defined in the Liquor Control Act, shall be sold, delivered or be permitted to be consumed on week days upon the premises of an A-2, C-2, D-2 or D-4 permit holder between the hours of 1:00 a.m. and 5:30 a.m.
   No beer or intoxicating liquor shall be sold, delivered or be permitted to be consumed on week days on the premises of a D-3a, D-5, D-5a or A-1-A permit holder between the hours of 2:30 a.m. and 5:30 a.m., and no intoxicating liquor shall be sold, delivered or be permitted to be consumed on week days on the premises of a D-3 permit holder between the hours of 1:00 a.m. and 5:30 a.m.
   No beer or intoxicating liquor shall be sold, delivered or be permitted to be consumed on week days on the premises of a D-4 permit holder between the hours of 1:00 a.m. and 5:30 a.m.
   No intoxicating liquor may be sold by, delivered or be permitted to be consumed on the premises of any permit holder during the hours between 1:00 a.m. on Sunday and Sunday midnight, except on the premises of a D-3a, D-5, D-5a or an A-1-A permit. As to holders of these excepted classes, no intoxicating liquor shall be sold or permitted to be consumed after 2:30 a.m. on Sunday.
   No beer whether by the package or by the glass shall be sold or delivered or be consumed on the premises of a permit holder on Sunday between the hours of 1:00 a.m. and 5:30 a.m. except on the premises of a holder of a D-3a permit who is also the holder of a D-1 permit or the holder of a D-5, D-5a or A-1-A permit. As to these excepted classes neither shall sell, deliver or permit to be consumed on the premises, beer between the hours of 2:30 a.m. and 5:30 a.m.
   The holder of a D-6 permit may sell or allow the consumption of intoxicating liquors, as authorized by his or her other permits, between the hours of 1:00 p.m. Sunday and Sunday midnight for on the premises consumption only.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
§ 617.09 Bottle Clubs
   (a)   No person, club, organization, association or corporation shall:
      (1)   Keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of providing a storage area wherein members, guests or other persons are allowed to keep and maintain for the purpose of consumption therein, beer and intoxicating liquors;
      (2)   Occupy any place, structure, building or conveyance for the purpose of providing a storage area wherein members, guests or other persons are allowed to keep and maintain, for the purpose of consumption therein, beer and intoxicating liquors;
      (3)   Receive, or offer or agree to receive, any person into any place, structure, building or conveyance for the purpose of allowing such person to consume or store liquors or beer therein, or permit any person to remain there for such purpose;
      (4)   Reside in, enter or remain in any place, structure or building, or enter or remain in any conveyance for the purpose of storing or consuming beer or intoxicating liquors therein.
   (b)   This section does not apply to any premises being operated under the authority of a license issued by the Ohio Department of Liquor Control.
   (c)   Whoever violates this section is guilty of unlawful operation or use of a bottle club, a misdemeanor of the third degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
§ 617.10 Conveying Intoxicating Liquors or Drugs into Hospital
   (a)   No person shall convey or attempt to convey into any hospital, sanitarium or other place of confinement for the ill or convalescent, other than a private dwelling, any intoxicating liquor or a stimulating sedative or narcotic medicine such as cocaine, opium, chloral, chloroform or ether, except in accordance with the rules of the institution involved or unless the same is prescribed by a physician in attendance at such institution; nor shall any person admitted as a patient at any such hospital, sanitarium or other place of confinement for the ill or convalescent, other than a private dwelling, have in his or her possession, or attempt to induce others to obtain for him or her, any such liquor or drug unless the same is authorized by a physician in attendance at such institution nor shall any person in the employ of any hospital, sanitarium or other place of confinement for the ill or convalescent, other than a private dwelling, knowingly permit a patient confined therein to receive any such liquor or drug unless the same is prescribed by a physician in attendance at such institution.
   (b)   Whoever violates this section is guilty of conveying intoxicating liquors or drugs into hospitals, a misdemeanor of the first degree.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
§ 617.11 Selling or Dispensing Beer or Liquor in Certain Public Premises
   (a)   No person, group, association, partnership or corporation, for profit or not for profit, shall sell, give or dispense any beer or intoxicating liquor to any person anywhere on or in any part or portion of the premises of the Public Utilities Building at 1201 Lakeside, the 205 St. Clair Building, and the 1825 Lakeside Avenue Building.
   (b)   It shall be the duty of the Director of Public Safety to strictly enforce the provisions of this section.
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. No. 394-12. Passed 5-21-12, eff. 5-25-12)
§ 617.12 Consumption of Intoxicating Liquor in Parks and Recreational Facilities
   (a)   Subject to division (b) of this section, no person shall consume any intoxicating liquor, as defined in Section 617.01, upon the grounds of any park, parkway, playground, ballfield, tennis court, skating rink, recreation center or model airplane field which is owned and controlled by the City.
   (b)   When the Director of Parks and Recreation issues a permit pursuant to Section 133.03 to the sponsors of an event or activity, the primary purpose of which is something other than the consumption of intoxicating liquor, division (a) of this section shall not apply to those who participate in said event or activity.
   (c)   Whoever violates the provisions of this section shall be guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars ($500.00) and, sentenced to not less than thirty (30) days’ imprisonment. The minimum fine to be imposed by the court for a violation of the provisions of this section is mandatory. The court shall not suspend all or any portion of said minimum fine; provided that in lieu of all or a portion of the sentence of imprisonment required hereunder, the court may require the offender to perform supervised community service work pursuant to division (H) of RC 2951.02.
(Ord. No. 1562-90. Passed 4-8-91, eff. 4-15-91)