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Euclid, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF EUCLID, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
THE CHARTER OF THE CITY OF EUCLID, OHIO
PART ONE - ADMINISTRATION CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
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503.04 CONSUMPTION IN MOTOR VEHICLE.
   (a)   No person shall consume any beer or intoxicating liquor in a motor vehicle. This section does not apply to persons described in Ohio R.C. 4301.62(D) or a substantially equivalent municipal ordinance.
(ORC 4301.64)
   (b)   Whoever violates this section is guilty of a misdemeanor of the fourth degree. If an offender who violates this section 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, shall 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. 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.
(ORC 4301.99(B))
503.05 PERMIT REQUIRED.
   (a)   No person personally or by the person’s 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, 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 Ohio 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.
(ORC 4303.25)
   (b)   Whoever violates this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
503.06 POSTING AGE AND FIREARM WARNING SIGNS.
   (a)   (1)   Except as otherwise provided in Ohio R.C. 4301.691, every place in this municipality where beer, intoxicating liquor, or any low-alcohol beverage is sold for beverage purposes shall display at all times, in a prominent place on the premises thereof, a printed card, which shall be furnished by the Division of Liquor Control 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 $1,000, or imprisonment up to 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 posses or consume, any type of beer or wine that contains either no alcohol or less than one-half of one per cent of alcohol by volume in any public place, or furnish false information as to the name, age, or other identification, you are subject to a fine of up to $250 or to imprisonment up to 30 days, or both.
      (2)   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)   (1)   Every place in this municipality for which a D permit has been issued under Ohio R.C. Chapter 4303 shall be issued a printed card by the Division 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 Chapter 4303 of the Revised Code, you may be guilty of a felony and may be subjected to a prison term of up to one year.
      (2)   No person shall be subject to any criminal prosecution or any proceedings before the Division 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.
(ORC 4301.637)
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4301.70, 4301.99(A))
503.07 OPEN CONTAINER PROHIBITED.
   (a)   As used in this section:
      (1)   "Chauffeured limousine" means a vehicle registered under Ohio R.C. 4503.24.
      (2)   "Street," "highway," and "motor vehicle" have the same meanings as in Ohio R.C. 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 liquor store;
      (2)   Except as provided in division (c) 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) 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) 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, 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-7, D-8, E, F, F-2, or F-5 permit;
         B.   Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F-3 permit or wine served for consumption on the premises by the holder of an F-4 permit;
         C.   Beer or intoxicating liquor consumed on the premises of a convention facility as provided in Ohio R.C. 4303.201;
         D.   Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the Liquor Control Commission.
      (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.
   (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.
(ORC 4301.62)
   (e)   Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4301.99(A))
503.08 HOURS OF SALE OR CONSUMPTION.
   (a)   No beer or other malt beverages shall be sold, delivered, or be permitted to be consumed on weekdays upon the premises of a C-1, C-2X, D-1, or D-2X permit holder between the hours of 1:00 a.m. and 5:30 a.m. The above restriction on hours of operation shall also apply to retail sales by an A-1 permit holder.
   (b)   No wine, prepared highballs, cocktails, cordials or other mixed beverages, as defined in the Liquor Control Act, shall be sold, delivered, or be permitted to be consumed on weekdays upon the premises of an A-2, C-2, D-2, or D-3X permit holder between the hours of 1:00 a.m. and 5:30 a.m.
   (c)   No spiritous liquor shall be sold, delivered, or be permitted to be consumed on weekdays on the premises of a D-3 permit holder between the hours of 1:00 a.m. and 5:30 a.m.
   (d)   No beer or intoxicating liquor shall be sold, delivered, or be permitted to be consumed on weekdays on the premises of a D-3A, D-4A, D-5, D-5A, D-5B, D-5C, D-5D, D-5E, D-5F, D-5I, D-5J, D-7, or an A-1-A permit holder between the hours of 2:30 a.m. and 5:30 a.m.
   (e)   No beer or intoxicating liquor shall be sold, delivered, or be permitted to be consumed on weekdays on the premises of a D-4, D-5G, or D-5H permit holder between the hours of 1:00 a.m. and 5:30 a.m.
   (f)   No intoxicating liquor shall be sold, 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, D-5B, D-5C, D-5D, D-5E, D-5F, D-5I, D-5J, D-7, or an A-1-A permit holder. As to the holders of these excepted classes, no intoxicating liquor shall be sold, delivered, or be permitted to be consumed after 2:30 a.m. on Sunday.
   (g)   No beer, whether by the package or by the glass, shall be sold, delivered, or be permitted to 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, D-5B, D-5C, D-5D, D-5E, D-5F, D-5I, D-5J, D-7, or an A-1-A permit. As to these excepted classes, neither shall sell, deliver, or permit beer to be consumed on the premises between the hours of 2:30 a.m. and 5:30 a.m.
   (h)   The holder of a D-6 permit may sell, deliver, or allow the consumption of intoxicating liquors between the hours of 1:00 p.m. Sunday and Sunday midnight for on or off premises consumption as authorized by its other permits.
(O.A.C. 4301:1-1-49; Adopting Ordinance)
   (i)   Any business in the City that operates under a permit issued by the Ohio Department of Liquor Control that allows on-premises consumption of any alcoholic beverages shall be closed for all business during the times for which such permit does not permit the on-premises consumption of alcoholic beverages. This provision does not apply to hotel rooming operations or to establishments that are restaurants as opposed to bars, saloons, taverns or nightclubs. A restaurant is an establishment that has as its primary purpose, and generates the majority of its gross receipts from, the sale of food items. A bar, etc., is an establishment that has as its primary purpose, and generates the majority of its gross receipts from, the sale of alcoholic beverages during the times that the sale of alcoholic beverages is permitted by law.
   (j)   In the absence of other definitive evidence regarding the purpose and revenues of a particular establishment, the following criteria shall be indicative of a restaurant operation.
      (1)   Whether the majority of patrons at the premises at a given time are consuming food, other than snack type items;
      (2)   Whether the establishment has a trade name that is indicative of a restaurant;
      (3)   Whether the business regularly employs waiters or waitresses that take orders for meals from patrons seated at tables;
      (4)   Whether the payment for meals may be customarily made to either the waiter or waitress, or at some established check-out for bill payment located near the entrance or exit; and
      (5)   Whether full meal items are regularly offered from a menu during all business hours.
   (k)   The use of live music, a disc jockey, identification checkers at the entrance, or "happy hour" prices for alcoholic beverages, shall be indicative of a bar, etc., as opposed to a restaurant.
   (l)   Any establishment meeting the above described criteria indicative of a restaurant operation shall obtain a waiver permitting the continuation of business during those times that the on-premises consumption of alcoholic beverages is not permitted. Said waiver may be obtained from the Mayor, or his or her designee, on forms provided by the City. An annual fee of twenty-five dollars ($25.00) is required.
(Ord. 153-1992. Passed 6-15-92.)
   (m)   Whoever violates divisions (a) through (i) is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 599.02.
(Ord. 131-2002. Passed 6-17-02.)
503.09 REMOVAL OF BEER OR LIQUOR FROM PREMISES.
   (a)   No person, holding a license authorizing the sale of beer or intoxicating liquor for consumption on the premises, shall permit the purchaser thereof to remove the beer or intoxicating liquor so sold from the premises.
(Ord. 7642. Passed 12-21-42.)
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
503.10 BEER OR LIQUOR ON PUBLIC PROPERTY.
   (a)   No person shall take any beer or intoxicating liquor into or upon any Municipal property, park, public building, bath house, dance hall, school property or other place where the public is permitted to assemble in the City, except within the limits of a premises licensed by the State for the sale and consumption of beer.
(Ord. 246-1978. Passed 11-6-78.)
   (b)   The Director of Public Safety may issue permits to nonprofit organizations for periods not to exceed six days in length for the sale and/or consumption of beer and/or wine at the Shore Civic Centre, and for one period each year, not to exceed six days in length, he or she may issue permits for the sale and/or consumption of beer and/or wine within one confined area during the Euclid Home Days. The Director may issue permits to any Euclid nonprofit group or organization to provide beer and/or wine during the Euclid Home Days, to be chosen by lottery and further subject to whatever conditions he or she may determine. Issuance of the permits shall be conditioned upon the sponsoring organization agreeing to indemnify the City in full or for any and all claims which may arise during the activity. A reasonable permit fee not exceeding fifty dollars ($50.00) per diem may be charged. Section 503.11 shall not apply to the Euclid Home Days. The person or organization seeking a permit shall also be solely responsible for complying with all applicable State liquor laws.
(Ord. 241-1999. Passed 11-1-99. Eff. 12-1-99.)
   (c)   The consumption of beer, wine and liquor will be permitted on the Briardale Greens golf course in conjunction with Golf Course purposes only.
   (d)   The Director of Public safety may issue permits to persons or organizations renting the Henn Mansion for the consumption of beer and/or wine inside the premises of the Henn Mansion during the period of rental. Issuance of the permits shall be conditioned upon the sponsoring person(s) or organization(s) agreeing to indemnify the City in full or for any and all claims which may arise during or as a result of the activity. A reasonable permit fee not exceeding fifty dollars ($50) per diem may be charged. The person or organization seeking a permit shall also be solely responsible for complying with all applicable State liquor laws, and for providing security in the form of an off-duty Police Officer.
   (e)   The Director of Public safety may issue permits to persons or organizations renting The North Street Historical Museum for the consumption of beer and/or wine inside the premises of The North Street Historical Museum during the rental period. Issuance of the permits shall be conditioned upon the sponsoring person(s) or organization(s) agreeing to indemnify the City in full or for any and all claims which may arise during the activity. A reasonable permit fee not exceeding fifty dollars ($50.00) per diem may be charged. The person or organization seeking a permit shall also be solely responsible for complying with all applicable State liquor laws, and for providing security in the form of an off-duty Police Officer.
   (f)   The consumption of beer, wine and liquor shall be permitted in the Lakefront Community Center.
   (g)   The Director of Public Safety may issue permits to persons or organizations renting The Lakefront Community Center for the consumption of beer, wine, and liquor inside the premises of The Lakefront Community Center during the rental period. Issuance of the permits shall be conditioned upon the sponsoring person(s) or organizations(s) agreeing to indemnify the City in full for any and all claims which may arise during or as a result of the activity. A permit fee of fifty dollars ($50.00) per diem will be charged. The person or organization seeking a permit shall be solely responsible for complying with all applicable State liquor laws, and for providing security in the form of an off-duty Police Officer.
   (h)   Whoever violates division (a) hereof is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
(Ord. 62-2000. Passed 3-20-00; Ord. 15-2002. Passed 1-22-02; Ord. 78-2002. Passed 4-15-02; Ord. 11-2005. Passed 1-18-05.)
503.11 SALE OR CONSUMPTION OF BEER OR LIQUOR IN PUBLIC PLACES.
   (a)   No person shall sell, give away or drink any beer or intoxicating liquor upon any street, avenue, public highway or public ground within the City.
(Ord. 7642. Passed 12-21-42.)
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
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