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§ 111.05 SALES TO AND USE BY UNDERAGE PERSONS; SECURING PUBLIC ACCOMMODATIONS.
   (A)   Except as otherwise provided in this chapter or R.C. Chapter 4301, no person shall sell beer or intoxicating liquor to an underage person, shall buy beer or intoxicating liquor for an underage person, or shall furnish it to an underage person, unless given by a physician in the regular line of the physician's practice or given for established religious purposes, or unless the underage person is supervised by a parent, spouse who is not an underage person or legal guardian. In proceedings before the liquor control commission, no permit holder, or the employee or agent of a permit holder, charged with a violation of this division shall be charged, for the same offense, with a violation of R.C. § 4301.22(A).
   (B)   No person who is the owner or occupant of any public or private place shall negligently 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 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 the person knows or should have 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 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 licensed health professional authorized to prescribe drugs 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 should have reason to know that the underage person is intoxicated, or that the underage person possesses any beer or intoxicating liquor and is not supervised 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 the underage person is 21 years of age or older for the purpose of violating this section.
   (E)   (1)   No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place. The prohibitions set forth in this division against an underage person knowingly possessing, consuming, or being under the influence of any beer or intoxicating liquor shall not apply if the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian, or the beer or intoxicating liquor is given by a physician in the regular line of the physician's practice or given for established religious purposes.
      (2)   (a)   If a person is charged with violating division (E)(1) of this section in a complaint filed under R.C. § 2151.27, the court may order the child into a diversion program specified by the court and hold the complaint in abeyance pending successful completion of the diversion program. A child is ineligible to enter into a diversion program under this division if the child previously has been diverted pursuant to this division. If the child completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the child’s record in the case sealed under R.C. §§ 2151.356 through 2151.358. If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.
         (b)   If a person is charged in a criminal complaint with violating division (E)(1) of this section, R.C. § 2935.36 shall apply to the offense, except that a person is ineligible for diversion under that section if the person previously has been diverted pursuant to divisions (E)(2)(a) or (E)(2)(b) of this section. If the person completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the record in the case sealed under R.C. § 2953.52. If the person fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.
   (F)   No parent, spouse who is not an underage person or legal guardian of a minor shall negligently permit the minor to violate this section or § 111.06.
   (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 R.C. § 3719.011.
      (2)   HOTEL has the same meaning as in R.C. § 3731.01.
      (3)   LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS and PRESCRIPTION have the same meaning as in R.C. § 4729.01.
      (4)   MINOR means a person under the age of 18 years.
      (5)   UNDERAGE PERSON means a person under the age of 21 years.
('80 Code, § 529.02(a) - (h)) (Am. Ord. 20-09, passed 5-4-09) Penalty, see § 111.99
Statutory reference:
   For similar state law provisions, see R.C. § 4301.69
§ 111.06 PURCHASE, CONSUMPTION OR POSSESSION BY MINOR; MISREPRESENTATION.
   (A)   Except as otherwise provided in this chapter or R.C. Chapter 4301, no person under the age of 21 years shall purchase beer or intoxicating liquor.
(R.C. § 4301.63)
   (B)   Editor's note: This division, formerly based on R.C. § 4301.632, was repealed because underlying state law was repealed. See § 111.05 for new provisions regarding sale of alcohol to underage persons.
   (C)   Except as otherwise provided in this chapter or R.C. Chapter 4301, no person shall knowingly furnish any false information as to the name, age or other identification of any person under 21 years of age for the purpose of obtaining or with the intent to obtain beer or intoxicating liquor for a person under 21 years of age, by purchase or as a gift.
(R.C. § 4301.633)
   (D)   Except as otherwise provided in this chapter or R.C. Chapter 4301, no person under the age of 21 years shall knowingly show or give false information concerning his 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 Department of Liquor Control or sold by the Department of Liquor Control.
(R.C. § 4301.634)
('80 Code, § 529.021(a) - (d)) Penalty, see § 111.99
§ 111.07 SALES TO INTOXICATED PERSONS; RESTRICTIONS ON SALES.
   Sales of beer and intoxicating liquor under all classes of permits and from state liquor stores are subject to the following restrictions, in addition to those imposed by the rules or orders of the state department of liquor control.
   (A)   (1)   Except as otherwise provided in this chapter or in R.C. Chapter 4301, no beer or intoxicating liquor shall be sold to any person under 21 years of age.
      (2)   No low-alcohol beverage shall be sold to any person under 18 years of age. No permit issued by the division shall be suspended, revoked, or canceled because of a violation of this subsection.
      (3)   (a)   Except as provided in division (A)(3)(b) of this section, all of the following apply to the handling, serving, and selling of beer and intoxicating liquor by a person employed by a permit holder:
            1.   No person under 19 years of age shall sell beer across a bar.
            2.   No person under 21 years of age shall sell wine, mixed beverages, or spirituous liquor across a bar.
            3.   No person under 18 years of age shall otherwise handle, serve, or sell beer or intoxicating liquor.
         (b)   Any person employed by a permit holder may handle beer or intoxicating liquor in sealed containers in connection with manufacturing, storage, warehousing, placement, stocking, bagging, loading, or unloading, and may handle beer or intoxicating liquor in open containers in connection with cleaning tables or handling empty bottles or glasses.
   (B)   No sales shall be made to an intoxicated person.
   (C)   (1)   No sales of intoxicating liquor shall be made after 2:30 a.m. on Sunday, except under either of the following circumstances:
         (a)   Intoxicating liquor may be sold on Sunday under authority of a permit that authorizes Sunday sale.
         (b)   Spiritous liquor may be sold on Sunday by any person awarded an agency contract under R.C. § 4301.17 if the sale of spiritous liquor is authorized in the applicable precinct as the result of an election on question (B)(1) or (B)(2) of R.C. § 4301.351 and if the agency contract authorizes the sale of spiritous liquor on Sunday.
      (2)   This section does not prevent the municipality from adopting a closing hour for the sale of intoxicating liquor earlier than 2:30 a.m. on Sunday or to provide that no intoxicating liquor may be sold prior to that hour on Sunday.
   (D)   (1)   No holder of a permit shall give away any beer or intoxicating liquor of any kind at any time in connection with the permit holder’s business. However, with the exception of an A-1-A permit holder that also has been issued an A-2 or A-2f permit, an A-1-A, A-1c, or D permit holder may provide to a paying customer not more than a total of four tasting samples of beer, wine, or spirituous liquor, as authorized by the applicable permit, in any twenty-four-hour period. The permit holder shall provide the tasting samples free of charge, at the permit holder’s expense, only to a person who is 21 years of age or older. The person shall consume the tasting samples on the premises of the permit holder. A distributor is not responsible for the costs of providing tasting samples authorized under division (D) of this section.
      (2)   As used in division (D) of this section:
         TASTING SAMPLE. Means one of the following, as applicable:
            1.   An amount not to exceed two ounces of beer;
            2.   An amount not to exceed two ounces of wine;
            3.   An amount not to exceed a quarter ounce of spirituous liquor.
         D PERMIT HOLDER. Means a person that has been issued a D-1, D-2, D-2x, D-3, D-3a, D-3 x, D-4, D-5, D-5a, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, D-6, or D-7 permit.
   (E)   Except as otherwise provided in this division, no retail permit holder shall display or permit the display on the outside of any licensed retail premises, or on any lot of ground on which the licensed premises are situated, or on the exterior of any building of which the licensed premises are a part, any sign, illustration, or advertisement bearing the name, brand name, trade name, trademark, designation, or other emblem of, or indicating the manufacturer, producer, distributor, place of manufacture, production, or distribution of, any beer or intoxicating liquor. Signs, illustrations, or advertisements bearing the name, brand name, trade name, trademark, designation, or other emblem of or indicating the manufacturer, producer, distributor, place of manufacture, production, or distribution of beer or intoxicating liquor may be displayed and permitted to be displayed on the interior or in the show windows of any licensed premises, if the particular brand or type of product so advertised is actually available for sale on the premises at the time of that display. The liquor control commission shall determine by rule the size and character of those signs, illustrations, or advertisements.
   (F)   No retail permit holder shall possess on the licensed premises any barrel or other container from which beer is drawn, unless there is attached to the spigot or other dispensing apparatus the name of the manufacturer of the product contained in the barrel or other container, provided that, if the beer is served at a bar, the manufacturer's name or brand shall appear in full view of the purchaser. The commission shall regulate the size and character of the devices provided for in this section.
   (G)   The sale of gift certificates for the purchase of beer, wine, or mixed beverages shall be permitted for the purchase of beer, wine, or mixed beverages for on- or off-premises consumption. Limitations on the use of a gift certificate for the purchase of beer, wine, or mixed beverages for on- or off-premises consumption may be expressed by clearly stamping or typing on the face of the certificate that the certificate may not be used for the purchase of beer, wine, or mixed beverages for on-premises consumption. (R.C. § 4301.22)
('80 Code, § 529.03(a), (b)) Penalty, see § 111.99
§ 111.08 LIQUOR CONSUMPTION IN MOTOR VEHICLE.
   No person shall consume any beer or intoxicating liquor in a motor vehicle. This section does not apply to persons described in § 111.09.
(R.C. § 4301.64) ('80 Code, § 529.04(a)) Penalty, see § 111.99
§ 111.09 OPEN CONTAINER PROHIBITED.
   (A)   As used in this section:
      CHAUFFEURED LIMOUSINE means a vehicle registered under R.C. § 4503.24.
      STREET, HIGHWAY, and MOTOR VEHICLE have the same meanings as in R.C. § 4511.01.
   (B)   No person shall have in the person's possession an opened container of beer or intoxicating liquor in any of the following circumstances:
      (1)   Except as provided in division (C)(1)(e) of this section, in a state liquor store;
      (2)   Except as provided in division (C) or (J) of this section, on the premises of the holder of any permit issued by the Division of Liquor Control;
      (3)   In any other public place;
      (4)   Except as provided in division (D) or (E) of this section, 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)   Except as provided in division (D) or (E) of this section, 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.
   (C)   (1)   A person may have in the person's possession an opened container of any of the following:
         (a)   Beer or intoxicating liquor that has been lawfully purchased for consumption on the premises where bought from the holder of an A-1-A, A-2, A-2f, A-3a, 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-5j, D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, D-9, E, F, F-2, F-5, F-7, or F-8 permit;
         (b)   Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F-3 permit, wine served as a tasting sample by an A-2, A-2f, S-1, or S-2 permit holder for consumption on the premises of a farmers market for which an F-10 permit has been issued, or wine served for consumption on the premises by the holder of an F-4 or F-6 permit;
         (c)   Beer or intoxicating liquor consumed on the premises of a convention facility as provided in R.C. § 4303.201;
         (d)   Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the Liquor Control Commission;
         (e)   Spiritous liquor to be consumed for purposes of a tasting sample, as defined in R.C. § 4301.171;
         (f)   Beer or intoxicating liquor to be consumed in an outdoor area described in R.C. § 4303.188(B)(1).
      (2)   A person may have in the person's possession on an F liquor permit premises an opened container of beer or intoxicating liquor that was not purchased from the holder of the F permit if the premises for which the F permit is issued is a music festival and the holder of the F permit grants permission for that possession on the premises during the period for which the F permit is issued. As used in this division (C)(2), MUSIC FESTIVAL means a series of outdoor live musical performances extending for a period of at least three consecutive days and located on an area of land of at least 40 acres.
      (3)   (a)   A person may have in the person’s possession on a D-2 liquor permit premises an opened or unopened container of wine that was not purchased from the holder of the D-2 permit if the premises for which the D-2 permit is issued is an outdoor performing arts center, the person is attending an orchestral performance, and the holder of the D-2 permit grants permission for the possession and consumption of wine in certain predesignated areas of the premises during the period for which the D-2 permit is issued.
         (b)   As used in division (C)(3)(a) of this section:
            ORCHESTRAL PERFORMANCE means a concert comprised of a group of not fewer than 40 musicians playing various musical instruments.
            OUTDOOR PERFORMING ARTS CENTER means an outdoor performing arts center that is located on not less than 150 acres of land and that is open for performances from the first day of April to the last day of October of each year.
      (4)   A person may have in the person’s possession an opened or unopened container of beer or intoxicating liquor at an outdoor location at which the person is attending an orchestral performance as defined in division (C)(3)(b) of this section if the person with supervision and control over the performance grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of that outdoor location.
      (5)   (a)   A person may have in the person’s possession on an F-9 liquor permit premises an opened or unopened container of beer or intoxicating liquor that was not purchased from the holder of the F-9 permit if the person is attending either of the following:
            1.   An orchestral performance and the F-9 permit holder grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of the premises during the period for which the F-9 permit is issued;
            2.   An outdoor performing arts event or orchestral performance that is free of charge and the F-9 permit holder annually hosts not less than 25 other events or performances that are free of charge on the permit premises.
         (b)   As used in division (C)(5) of this section, ORCHESTRAL PERFORMANCE has the same meaning as in division (C)(3)(b) of this section.
      (6)   (a)   A person may have in the person’s possession on the property of an outdoor motorsports facility an opened or unopened container of beer or intoxicating liquor that was not purchased from the owner of the facility if both of the following apply:
            1.   The person is attending a racing event at the facility; and
            2.   The owner of the facility grants permission for the possession and consumption of beer or intoxicating liquor on the property of the facility.
         (b)   As used in division (C)(6)(a) of this section:
            OUTDOOR MOTORSPORTS FACILITY. An outdoor racetrack to which all of the following apply:
               a.   It is 2.4 miles or more in length.
               b.   It is located on 200 acres or more of land.
               c.   The primary business of the owner of the facility is the hosting and promoting of racing events.
               d.   The holder of a D-1, D-2, or D-3 permit is located on the property of the facility.
            RACING EVENT. A motor vehicle racing event sanctioned by one or more motor racing sanctioning organizations.
      (7)   (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 R.C. § 4301.82 if the opened container of beer or intoxicating liquor was purchased from an A-1, A-1-A, A-1c, A-2, A-2f, D class, or F class 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 (C)(7) 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, unless the motor vehicle is stationary and is not being operated in a lane of vehicular travel or unless the possession is otherwise authorized under division (D) or (E) of this section.
         (c)   As used in division (C)(7) of this section, “D class permit holder” does not include a D-6 or D-8 permit holder.
      (8)   (a)   A person may have in the person’s possession on the property of a market, within a defined F-8 permit premises, an opened container of beer or intoxicating liquor that was purchased from a D permit premises that is located immediately adjacent to the market if both of the following apply:
            1.   The market grants permission for the possession and consumption of beer and intoxicating liquor within the defined F-8 permit premises;
            2.   The market is hosting an event pursuant to an F-8 permit and the market has notified the division of liquor control about the event in accordance with R.C. § 4303.208(A)(3).
         (b)   As used in division (C)(8) of this section, MARKET means a market, for which an F-8 permit is held, that has been in operation since 1860.
   (D)   This section does not apply to a person who pays all or a portion of the fee imposed for use of a chauffeured limousine pursuant to a prearranged contract or the guest of the person, when all of the following apply:
      (1)   The person or guest is a passenger in the limousine;
      (2)   The person or guest is located in the limousine, but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located;
      (3)   The limousine is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking. (R.C. § 4301.62)
   (E)   An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply:
      (1)   The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with.
      (2)   The opened bottle of wine that is resealed in accordance with division (E)(1) of this section is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.
   (F)   (1)   Except if an ordinance or resolution is enacted or adopted under division (F)(2) of this section, this section does not apply to a person who, pursuant to a prearranged contract, is a passenger riding on a commercial quadricycle when all of the following apply:
         (a)   The person is not occupying a seat in the front of the commercial quadricycle where the operator is steering or braking.
         (b)   The commercial quadricycle is being operated on a street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
         (c)   The person has in their possession on the commercial quadricycle an opened container of beer or wine.
         (d)   The person has in their possession on the commercial quadricycle not more than either 36 ounces of beer or 18 ounces of wine.
      (2)   The Legislative Authority may enact an ordinance or adopt a resolution, as applicable, that prohibits a passenger riding on a commercial quadricycle from possessing an opened container of beer or wine.
      (3)   As used in this section, COMMERCIAL QUADRICYCLE means a vehicle that has fully-operative pedals for propulsion entirely by human power and that meets all of the following requirements:
         (a)   It has four wheels and is operated in a manner similar to a bicycle.
         (b)   It has at least five seats for passengers.
         (c)   It is designed to be powered by the pedaling of the operator and the passengers.
         (d)   It is used for commercial purposes.
         (e)   It is operated by the vehicle owner or an employee of the owner.
   (G)   (1)   This section does not apply to a person that has in the person’s possession an opened container of beer or intoxicating liquor on the premises of a market if the beer or intoxicating liquor has been purchased from a D liquor permit holder that is located in the market.
      (2)   As used in division (G) of this section, MARKET means an establishment that:
         (a)   Leases space in the market to individual vendors, not less than 50% of which are retail food establishments or food service operations licensed under R.C. Chapter 3717;
         (b)   Has an indoor sales floor area of not less than 22,000 square feet;
         (c)   Hosts a farmer’s market on each Saturday from April through December.
(R.C. § 4301.62)
   (H)   (1)   As used in this section, ALCOHOLIC BEVERAGE has the same meaning as in R.C. § 4303.185.
      (2)   An alcoholic beverage in a closed container being transported under R.C. § 4303.185 to its final destination is not an opened container for the purposes of this section if the closed container is securely sealed in such a manner that it is visibly apparent if the closed container has been subsequently opened or tampered with after sealing.
   (I)   This section does not apply to a person who has in the person's possession an opened container of beer or intoxicating liquor in a public-use airport, as described in R.C. § 4303.181(D)(2)(a)(iii), when both of the following apply:
      (1)   Consumption of the opened container of beer or intoxicating liquor occurs in the area of the airport terminal that is restricted to persons taking flights to and from the airport; and
      (2)   The consumption is authorized under R.C. § 4303.181(D)(2)(a).
(R.C. § 4301.62)
   (J)   This section does not apply to a person that has in the person’s possession an opened container of homemade beer or wine that is served in accordance with R.C. § 4301.201(E).
(R.C. § 4301.62)
   (K)   Whoever violates this section is guilty of a minor misdemeanor. (R.C. § 4301.99(A))
('80 Code, § 529.07(a) - (c))
§ 111.10 ALCOHOL VAPORIZING DEVICES PROHIBITED.
   (A)   As used in this section, ALCOHOL VAPORIZING DEVICE means a machine or other device that mixes beer or intoxicating liquor with pure oxygen or any other gas to produce a vaporized product for the purpose of consumption by inhalation.
   (B)   No person shall sell or offer for sale an alcohol vaporizing device.
   (C)   No person shall purchase or use an alcohol vaporizing device.
(R.C. § 4301.65)
   (D)   (1)   Whoever violates division (B) of this section is guilty of misdemeanor of the third degree. For a second or subsequent violation occurring within a period of five consecutive years after the first violation, a person is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(J))
      (2)   Whoever violates division (C) of this section is guilty of a minor misdemeanor.
(R.C. § 4301.99(A))
§ 111.99 PENALTY.
   (A)   Whoever violates §§ 111.02, 111.04, or 111.09 is guilty of a minor misdemeanor.
(R.C. § 4301.99(A)) ('80 Code, §§ 529.05(b), 529.08(b), 529.07(d))
   (B)   (1)   Whoever violates § 111.05 (A) is guilty of a misdemeanor, shall be fined not less than $500 and not more than $1000, and, in addition to the fine, may be imprisoned for a definite term of not more than six months.
(R.C. § 4301.99(I))
      (2)   (2)   Whoever violates § 111.05 (B) through (E) is guilty of a misdemeanor of the first degree. If an offender who violates § 111.05(E)(1) of this section was under the age of 18 years at the time of the offense and the offense occurred while the offender was the operator of or a passenger in a motor vehicle, the court, in addition to any other penalties it imposes upon the offender, shall suspend the offender's temporary instruction permit or probationary driver's license for a period of six months. If the offender is 15 years and 6 months of age or older and has not been issued a temporary instruction permit or probationary driver's license, the offender shall not be eligible to be issued such a license or permit for a period of six months. If the offender has not attained the age of 15 years and 6 months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of 16 years.
(R.C. § 4301.99(C)) ('80 Code, § 529.02(i))
      (3)   It is an affirmative defense to a charge under § 111.05(B) and (F) that the person charged with violating the section has taken reasonable precautionary measures under the circumstances to restrict or prevent access by underage persons to alcoholic beverages.
(Ord. 20-09, passed 5-4-09)
   (C)   (1)   Whoever violates any provision of § 111.06 for which no other penalty is provided is guilty of a misdemeanor of the first degree.
      (2)   Whoever violates § 111.06 (A) shall be fined not less than $25 nor more than $100. The court imposing a fine for a violation of § 111.06 (A) 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.
(R.C. § 4301.99(E))
      (3)   (a)   Whoever violates § 111.06 (D) is guilty of a misdemeanor of the first degree. If, in committing a first violation of § 111.06 (D), the offender presented to the permit holder or his 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 which has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $250 and not more than $1,000 and may be sentenced to a term of imprisonment of not more than six months.
         (b)   On a second violation in which, for the second time, the offender presented to the permit holder or his 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 which has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $500 nor more than $1,000, and may be sentenced to a term of imprisonment of not more than six 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 60 days.
         (c)   On a third or subsequent violation in which, for the third or subsequent time, the offender presented to the permit holder or his 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 which has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $500 nor more than $1,000 and may be sentenced to a term of imprisonment of not more than six months. Except as provided in this division, the court also may impose a class six suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(6), and the court may order that the suspension or denial remain in effect until the offender attains the age of 21 years. The court, in lieu of suspending the offender’s temporary instruction permit, probationary driver’s license, or driver’s license, instead 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.
(R.C. § 4301.99(F))
('80 Code, § 529.021(e))
   (D)   (1)   Whoever violates § 111.07 (A)(1) is guilty of a misdemeanor, shall be fined not less than $500 and not more than $1000, and, in addition to the fine, may be imprisoned for a definite term of not more than 60 days. (R.C. § 4301.99 (H))
      (2)   Whoever violates § 111.07 (A)(1) or (3) or (B) is guilty of a misdemeanor of the third degree. (R.C. § 4301.99 (D))
      (3)   Whoever violates § 111.07 (A)(2) or (C) is guilty of a misdemeanor of the fourth degree. (R.C. § 4301.99 (B).
('80 Code, § 529.03(c))
   (E)   Whoever violates § 111.08 is guilty of a misdemeanor of the fourth degree. If an offender who violates § 111.08 was under the age of 18 years at the time of the offense, the court, in addition to any other penalties it imposes upon the offender, may suspend the offender's temporary instruction permit, probationary driver's license or driver's license for a period of not less than six months and not more than one year. In lieu of suspending the offender’s temporary instruction permit, probationary driver’s license, or driver’s license, the court instead may require the offender to perform community service for a number of hours determined by the court. If the offender is 15 years and 6 months of age or older and has not been issued a temporary instruction permit or probationary driver's license, the offender shall not be eligible to be issued such a license or permit for a period of six months. If the offender has not attained the age of 15 years and 6 months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of 16 years.
(R.C. § 4301.99(B)) ('80 Code, § 529.04(b))