Section
92.01 Definitions
92.02 Exemptions from chapter
92.03 Restrictions applicable to sale of beer and intoxicating liquor for consumption on the premises
92.04 Restrictions on sale of beer and liquor
92.05 Permit required; activities prohibited without permit
92.06 Illegal transportation prohibited
92.07 Open container prohibited; exception
92.08 Underage person shall not purchase intoxicating liquor or beer
92.09 Prohibitions; minors under 18 years; low-alcohol beverages
92.10 Prohibitions; minors under 21 years
92.11 Misrepresentation to obtain alcoholic beverage for a minor prohibited
92.12 Misrepresentation by a minor under 21 years
92.13 Sale to underage persons prohibited
92.14 Posting of card
92.15 Good faith acceptances of spurious identification
92.16 Consumption in motor vehicle prohibited
92.17 Hours of sale or consumption
92.18 Obstructing search of premises prohibited
92.19 Illegal possession of intoxicating liquor prohibited
92.20 Sale or possession of diluted liquor and refilled containers prohibited
92.21 Keeping place where beer or intoxicating liquors are sold in violation of law
92.22 Intoxicating liquors shall not be sold in brothels
92.23 Use of intoxicating liquor in a public dance hall prohibited; exceptions
92.24 Poisonously adulterated liquors
92.25 Tavern keeper permitting rioting or drunkenness
92.26 Notice of action to prohibit liquor business
92.27 Procedure when injunction violated
92.99 Penalty
Cross-reference:
Statutory reference:
Administrative regulations, see O.A.C. Chapter 4301:1-1
Liquor permits, see R.C. Chapter 4303
Local option elections, see R.C. §§ 4301.32 et seq.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. The term does not include denatured alcohol and wood alcohol.
AT RETAIL. For use or consumption by the purchaser and not for resale.
BEER, MALT LIQUOR or MALT BEVERAGES. All brewed or fermented malt products containing 0.5% or more of alcohol by volume but not more than 6% of alcohol by weight.
CIDER. All liquids that are fit to use for beverage purposes that contain 0.5% of alcohol by volume, but not more than 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.
CLUB. A corporation or association of individuals organized in good faith for social, recreational, benevolent, charitable, fraternal, political, patriotic, or athletic purposes, which is the owner, lessor, or occupant of a permanent building or part thereof operated solely for those purposes, membership in which entails the prepayment of regular dues, and includes the place so operated.
COMMUNITY FACILITY. Means either of the following:
(1) Any convention, sports or entertainment facility or complex, or any combination of these, that is used by or accessible to the general public and that is owned or operated in whole or in part by the state, a state agency, or a political subdivision of the state or that is leased from, or located on property owned by or leased from the state, a state agency, a political subdivision of the state, or a convention facilities authority created pursuant to R.C. § 351.02;
(2) An area designated as a community entertainment district pursuant to R.C. § 4301.80.
CONTROLLED ACCESS ALCOHOL AND BEVERAGE CABINET. A closed container, either refrigerated, in whole or in part, or nonrefrigerated, access to the interior of which is restricted by means of a device which requires the use of a key, magnetic card, or similar device and from which beer, intoxicating liquor, other beverages, or food may be sold.
HOTEL. The meaning set forth in R.C. § 3731.01, subject to the exceptions mentioned in R.C. § 3731.03.
INTOXICATING LIQUOR and LIQUOR. All liquids and compounds, other than beer as defined
above, containing 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 the same are medicated, proprietary, or patented. The phrase includes wine, as defined below in this section even if it contains less than 4% of alcohol by volume, mixed beverages, as defined in this section even if they contain less than 4% of alcohol by volume, cider as defined above in this section, alcohol, and all solids and confections which contain any alcohol.
LOW-ALCOHOL BEVERAGE. Any brewed or fermented malt product or any product made from the fermented juices of grapes, fruits, or other agricultural products that contains either no alcohol or less than 0.5% of alcohol by volume. The beverages described in this definition do not include a soft drink such as root beer, birch beer, or ginger beer.
MANUFACTURE. All processes by which beer or intoxicating liquor is produced, whether by distillation, rectifying, fortifying, blending, fermentation, brewing, or in any other manner.
MANUFACTURER. Any person engaged in the business of manufacturing beer or intoxicating liquor.
MIXED BEVERAGES. Bottled and prepared cordials, cocktails, and highballs, produced by mixing any type of whiskey, neutral spirits, brandy, gin or other distilled spirits with, or over, carbonated or plain water, pure juices from flowers and plants, and other flavoring materials. The completed product shall contain not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume.
NIGHTCLUB. A place habitually operated for profit, where food is served for consumption on the premises, and one or more forms of amusement are provided or permitted for a consideration which may be in the form of a cover charge or may be included in the price of the food and beverages, or both, purchased by the patrons thereof.
PERSON. Includes firms and corporations.
PHARMACY. An establishment as defined in R.C. § 4729.01, which is under the management or
control of a licensed pharmacist in accordance with R.C. § 4729.27.
RESTAURANT. A place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place. The term does not include pharmacies, confectionery stores, lunch stands, nightclubs, and filling stations.
SALE and SELL. The exchange, barter, gift, offer for sale, sale, distribution, and delivery of any kind, and the transfer of title or possession of beer and intoxicating liquor either by constructive or actual delivery by any means or devices whatever, including the sale of beer or intoxicating liquor by means of a controlled access alcohol and beverage cabinet pursuant to R.C. § 4301.21. Such terms do not include the mere solicitation of orders for beer or intoxicating liquor from the holders of permits issued by the Division of Liquor Control authorizing the sale of the beer or intoxicating liquor, but no solicitor shall solicit any orders until the solicitor has been registered with the Division pursuant to R.C. § 4303.25.
SEALED CONTAINER. Any container having a capacity of not more than 128 fluid ounces, the opening of which is closed to prevent the entrance of air.
SPIRITUOUS LIQUOR. All intoxicating liquors containing more than 21% of alcohol by volume.
VEHICLE. All means of transportation by land, by water, or by air, and everything made use of in any way for such transportation.
WHOLESALE DISTRIBUTOR and DISTRIBUTOR. A person engaged in the business of selling to retail dealers for purposes of resale.
WINE. All liquids fit to use for beverage purposes containing not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume, which is made from the fermented juices of grapes, fruits, or other agricultural products. Except as
provided in R.C. § 4301.01(B)(3), the term does not include cider.
(R.C. § 4301.01)
The provisions of this chapter do not prevent:
(A) The storage of intoxicating liquor in bonded warehouses, established in accordance with the Acts of Congress and under the regulation of the United States, located in the municipality, or the transportation of intoxicating liquor to or from bonded warehouses of the United States wherever located;
(B) The manufacture of cider from fruit for the purpose of making vinegar, and nonintoxicating cider and fruit juices for use and sale;
(C) A licensed physician or dentist from administering or dispensing intoxicating liquor or alcohol to a patient in good faith in the actual course of the practice of his or her profession;
(D) The sale of alcohol to physicians, dentists, druggists, veterinary surgeons, manufacturers, hospitals, infirmaries, or medical or educational institutions using the same for medicinal, mechanical, chemical, or scientific purposes;
(E) The sale, gift, or keeping for sale by druggists and others of any of the medicinal preparations manufactured in accordance with the formulas prescribed by the United States Pharmacopoeia and National Formulary, patent or proprietary preparations, and other bona fide medicinal and technical preparations, which contain no more alcohol than is necessary to hold the medicinal agents in solution and to preserve the same, which are manufactured and sold as medicines and not as beverages, are unfit for use for beverage purposes, and the sale of which does not require the payment of a United States liquor dealer’s tax;
(F) The manufacture and sale of tinctures or of toilet, medicinal and antiseptic preparations and solutions not intended for internal human use nor to be sold as beverages, and which are unfit for beverage purposes, if upon the outside of each bottle, box, or package of which there is printed in English, conspicuously and legibly, the quantity by volume of alcohol in such preparation or solution;
(G) The manufacture and keeping for sale of the food products known as flavoring extracts when manufactured and sold for cooking, culinary or flavoring purposes, and which are unfit for use for beverage purposes;
(H) The lawful sale of wood alcohol or of ethyl alcohol for external use when combined with such other substances as to make it unfit for internal use;
(I) The purchase and importation into the municipality or the purchase at wholesale from A or B permit holders in this state of beer and intoxicating liquor for use in manufacturing processes of nonbeverage food products under such terms as are prescribed by the Division, provided that the terms prescribed by the Division shall not increase the cost of the beer or intoxicating liquor to any person, firm or corporation purchasing and importing the same into this municipality or purchasing it from an A or B permit holder for any such use;
(J) Any resident of this state or any member of the armed forces of the United States who has attained the age of 21 years from bringing into this municipality for personal use and not for resale not more than one liter of spirituous liquor, 4.5 liters of wine, or 288 ounces of beer in any 30-day period, and the same is free of any tax consent fee when the resident or member of the armed forces physically possesses and accompanies such spirituous liquor, wine or beer on returning from a foreign country, another state, or an insular possession of the United States; or
(K) Persons at least 21 years of age who collect ceramic commemorative bottles containing spirituous liquor which have unbroken federal tax stamps thereon from selling or trading such bottles to other collectors. Such bottles must originally have been purchased at retail from the Division, legally imported under division (J) of this section, or legally imported pursuant to a consent to import issued by the Division. The sales shall be for the purpose of exchanging a ceramic commemorative bottle between private collectors and shall not be for the purpose of selling the spirituous liquor for personal consumption. The sale or exchange authorized by this division shall not occur on the premises of any permit holder, shall not be made in connection with the business of any permit holder, and shall not be made in connection with any mercantile business.
(L) The sale of beer or intoxicating liquor without a liquor permit at a private residence, not more than five times per calendar year at a residence address, at an event that has the following characteristics:
(1) The event is for a charitable, benevolent, or political purpose, but shall not include any event the proceeds of which are for the profit or gain of any individual;
(2) The event has in attendance not more than 50 people;
(3) The event shall be for a period not to exceed 12 hours;
(4) The sale of beer and intoxicating liquor at the event shall not take place between 2:30 a.m. and 5:30 a.m.;
(5) No person under 21 years of age shall purchase or consume beer or intoxicating liquor at the event and no beer or intoxicating liquor shall be sold to any person under 21 years of age at the event; and
(6) No person at the event shall sell or furnish beer or intoxicating liquor to an intoxicated person.
(M) The possession or consumption of beer or intoxicating liquor by a person who is under 21 years of age and who is a student at an accredited college or university, provided that both of the following apply:
(1) The person is required to taste and expectorate the beer or intoxicating liquor for a culinary, food service, or hospitality course.
(2) The person is under the direct supervision of the instructor of the culinary, food service, or hospitality course.
(R.C. § 4301.20)
(A) The sale of beer or intoxicating liquor for consumption on the premises is subject to the following restrictions, in addition to those imposed by the rules and orders of the Division of Liquor Control:
(1) Except as otherwise provided in this chapter or in R.C. Chapter 4301, beer or intoxicating liquor may be served to a person not seated at a table unless there is reason to believe that the beer or intoxicating liquor so served will be consumed by a person under 21 years of age.
(2) Beer or intoxicating liquor may be served by a hotel in the room of a bona fide guest, and may be sold by a hotel holding a D-5a permit, or a hotel holding a D-3 or D-5 permit that otherwise meets all of the requirements for holding a D-5a permit, by means of a controlled access alcohol and beverage cabinet that shall be located only in the hotel room of a registered guest. A hotel may sell beer or intoxicating liquor as authorized by its permit to a registered guest by means of a controlled access alcohol and beverage cabinet in accordance with the following requirements:
(a) Only a person 21 years of age or older who is a guest registered to stay in a guestroom shall be provided a key, magnetic card, or other similar device necessary to obtain access to the contents of a controlled access alcohol and beverage cabinet in that guestroom.
(b) The hotel shall comply with R.C. § 4301.22, or a substantially similar municipal ordinance, in connection with the handling, restocking, and replenishing of the beer and intoxicating liquor in the controlled access alcohol and beverage cabinet.
(c) The hotel shall replenish or restock beer and intoxicating liquor in any controlled access alcohol and beverage cabinet only during the hours during which the hotel may serve or sell beer and intoxicating liquor.
(d) The registered guest shall verify in writing that the guest has read and understands the language that shall be posted on the controlled access alcohol and beverage cabinet as required by division (A)(2)(e) of this section.
(e) A hotel authorized to sell beer and intoxicating liquor pursuant to division (A)(2) of this section shall post on the controlled access alcohol and beverage cabinet, in conspicuous language, the following notice:
“The alcoholic beverages contained in this cabinet shall not be removed from the premises.”
(f) The hotel shall maintain a record of each sale of beer or intoxicating liquor made by the hotel by means of a controlled access alcohol and beverage cabinet for any period in which the permit holder is authorized to hold the permit pursuant to R.C. §§ 4303.26 and 4303.27 and any additional period during which an applicant exercises its right to appeal a rejection by the Division of Liquor Control to renew a permit pursuant to R.C. § 4303.271. The records maintained by the hotel shall comply with both of the following:
1. Include the name, address, age, and signature of each hotel guest who is provided access by the hotel to a controlled access alcohol and beverage cabinet pursuant to division (A)(2)(a) of this section; and
2. Be made available during business hours to authorized agents of the Division of Liquor Control pursuant to R.C. § 4301.10(A)(6) or to enforcement agents of the Department of Public Safety pursuant to R.C. §§ 5502.13 to 5502.19.
(g) The hotel shall observe all other applicable rules adopted by the Division of Liquor Control and the Liquor Control Commission.
(3) The seller shall not require the purchase of food with the purchase of beer or intoxicating liquor; nor shall the seller of beer or intoxicating liquor give away food of any kind in connection with the sale of beer or intoxicating liquor, except as authorized by rule of the State Liquor Control Commission.
(4) The seller shall not permit the purchaser to remove beer or intoxicating liquor so sold from the premises.
(5) A hotel authorized to sell beer and intoxicating liquor pursuant to division (A)(2) of this section shall provide a registered guest with the opportunity to refuse to accept a key, magnetic card, or other similar device necessary to obtain access to the contents of a controlled access alcohol and beverage cabinet in that guest room. If a registered guest refuses to accept the key, magnetic card, or other similar device, the hotel shall not assess any charges on the registered guest for use of the controlled access alcohol and beverage cabinet in that guest room.
(R.C. § 4301.21)
(B) Whoever violates division (A)(4) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(C)) Penalty, see § 92.99
(A) Restrictions on sales. Sales of beer and intoxicating liquor under all classes of permits and from liquor stores are subject to the following restrictions, in addition to those imposed by the rules or orders of the State Division of Liquor Control.
(1) (a) 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.
(b) No low-alcohol beverage shall be sold to any person under 18 years of age. No permit issued by the Department shall be suspended, revoked, or cancelled because of a violation of this division (A)(1)(b).
(c) No intoxicating liquor shall be handled by any person under 21 years of age, except that a person 18 years of age or older employed by a permit holder may handle or sell beer or intoxicating liquor in sealed containers in connection with wholesale or retail sales, and any person 19 years of age or older employed by a permit holder may handle intoxicating liquor in open containers when acting in the capacity of a server in a hotel, restaurant, club, or night club, as defined in R.C. § 4301.01, or in the premises of a D-7 permit holder. This section does not authorize persons under 21 years of age to sell intoxicating liquor across a bar. 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.
(2) No permit holder and no agent or employee of a permit holder shall sell or furnish beer or intoxicating liquor to an intoxicated person.
(3) No sales of intoxicating liquor shall be made after 2:30 a.m. on Sunday, except that intoxicating liquor may be sold on Sunday under authority of a permit which authorizes Sunday sale.
(4) No holder of a permit shall give away any beer or intoxicating liquor of any kind at any time in connection with his or her business.
(5) 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, 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 display. The Liquor Control Commission shall determine by rule the size and character of signs, illustrations, or advertisements.
(6) 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 therein, provided that where the beer is served at a bar the manufacturer’s name or brand must appear in full view of the purchaser. The Commission shall regulate the size and character of the devices provided for in this section.
(7) Except as otherwise provided in this division, no sale of any gift certificate shall be permitted whereby beer or intoxicating liquor of any kind is to be exchanged for a certificate, unless the gift certificate can be exchanged only for food, and beer or intoxicating liquor, for on-premises consumption and the value of the beer or intoxicating liquor does not exceed more than 30% of the total value of the gift certificate. 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 off-premises consumption. Limitations on the use of a gift certificate for the purchase of beer, wine, or mixed beverages for 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)
(B) Division (A)(1) not modified or affected. The provisions of R.C. §§ 4301.633 through 4301.637, or substantially similar municipal ordinances, shall not be deemed to modify or affect division (A)(1) of this section or R.C. § 4301.22(A).
(R.C. § 4301.638)
(C) Penalties.
(1) Whoever violates divisions (A)(1)(b) or (A)(4) of this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 4301.99(B))
(2) Whoever violates divisions (A)(1)(a), (A)(1)(c), (A)(2) or (A)(3) of this section is guilty of a misdemeanor of the third degree.
(R.C. § 4301.99(D), (H)) Penalty, see § 92.99
Statutory reference:
Suspension of beer and liquor sales during emergency, see R.C. § 4301.251
(A) Permit required.
(1) No person, by himself, 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 this state, or transport, or import, or cause to be transported or imported any beer, intoxicating liquor, or alcohol in or into this municipality for delivery, use or sale, unless the person has fully complied with R.C. Chapters 4301 and 4303 or is the holder of a permit issued by the Division of Liquor Control and in force at the time.
(2) No manufacturer, supplier, wholesale distributor, broker, or retailer of beer or intoxicating liquor, or other person shall employ, retain, or otherwise utilize any person in this state to act as an employee, agent, solicitor, or salesperson, or act in any other representative capacity to sell, solicit, take orders, or receive offers to purchase or expressions of interest to purchase beer or intoxicating liquor from any person, at any location other than a liquor permit premises, except as specifically authorized by R.C. Chapter 4301 or R.C. Chapter 4303 or rules adopted thereunder. No function, event, or party shall take place at any location other than a liquor permit premises where any person acts in any manner to sell, solicit, take orders, or receive offers to purchase or expressions of intent to purchase beer or intoxicating liquor to or from any person, except as specifically authorized by R.C. Chapter 4301 or R.C. Chapter 4303 Code or rules adopted thereunder.
(R.C. § 4303.25)
(B) Activities prohibited without permit.
(1) No person, personally or by the person's clerk, agent, or employee, who is not the holder of an A permit issued by the Division of Liquor Control, in force at the time, and authorizing the manufacture of beer or intoxicating liquor, or who is not an agent or employee of the Division authorized to manufacture beer or intoxicating liquor, shall manufacture any beer or intoxicating liquor for sale, or shall manufacture spirituous liquor.
(2) No person, personally or by the person's clerk, agent, or employee, who is not the holder of an A, B, C, D, E, F, G, I, or S permit issued by the Division, in force at the time, and authorizing the sale of beer, intoxicating liquor, or alcohol, or who is not an agent or employee of the Division or the Tax Commissioner authorized to sell beer, intoxicating liquor, or alcohol, shall sell, keep, or possess beer, intoxicating liquor, or alcohol for sale to any persons other than those authorized by this chapter and R.C. Chapters 4301 and 4303 to purchase any beer or intoxicating liquor, or sell any alcohol at retail. This division does not apply to or affect the sale or possession for sale of any low-alcohol beverage.
(3) No person, personally or by the person's clerk, agent, or employee, who is the holder of a permit issued by the Division, shall sell, keep, or possess for sale any intoxicating liquor not purchased from the Division or from the holder of a permit issued by the Division authorizing the sale of intoxicating liquor, unless the same has been purchased with the special consent of the Division. The Division shall revoke the permit of any person convicted of a violation of this division.
(R.C. § 4301.58)
(C) Penalty. Whoever violates division (B) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(C)) Penalty, see § 92.99
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