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(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.)
(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.
(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.)
(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.
(a) No person, club, organization, association or company shall:
(1) Keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of providing a storage area wherein members, their 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; or
(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 shall not apply to any premises being operated under the authority of a license issued by the Department of Liquor Control of Ohio.
(Ord. 149-1965. Passed 7-7-65.)
(c) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
(a) No person shall knowingly convey, or attempt to convey, onto the grounds of a detention facility or of an institution that is under the control of the Ohio Department of Mental Health or the Ohio Department of Mental Retardation and Developmental Disabilities, any intoxicating liquor, as defined in Section 503.01.
(b) Division (a) hereof does not apply to any person who conveys or attempts to convey an item onto the grounds of a detention facility or of an institution under the control of the Ohio Department of Mental Health or the Ohio Department of Mental Retardation and Developmental Disabilities pursuant to the written authorization of the person in charge of the detention facility or the institution and in accordance with the written rules of the detention facility or the institution.
(c) No person shall knowingly deliver, or attempt to deliver, to any person who is confined in a detention facility or to any patient in an institution under the control of the Ohio Department of Mental Health or the Ohio Department of Mental Retardation and Developmental Disabilities, any intoxicating liquor as defined in Section 503.01.
(d) No person shall knowingly deliver or attempt to deliver cash to any person who is confined in a detention facility.
(Adopting Ordinance)
(e) No person shall recklessly deliver, cause to be delivered, allow, possess or permit the possession of, any contraband or unauthorized item, as so defined in Euclid City Jail rules, promulgated September 17, 1989, and as thereafter amended, into the Euclid City Jail or any specified part thereof.
(f) It is an affirmative defense to a charge under division (c) hereof that the actor was not otherwise prohibited by law from delivering the item to the confined person or the patient and that either of the following applies:
(1) The actor was permitted by the written rules of the detention facility or the institution to deliver the item to the confined person or the patient.
(2) The actor was given written authorization by the person in charge of the detention facility or the institution to deliver the item to the confined person or the patient.
(g) Whoever violates division (a) or (c) hereof is guilty of a misdemeanor of the second degree and shall be subject to the penalty provided in Section 599.02, provided the offender has not previously been convicted of or pleaded guilty to a violation of division (d) hereof. Whoever violates division (e) hereof is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 599.02.
(Ord. 180-1998. Passed 9-8-98; Eff. 10-8-98.)
(a) As used in this section, "underage person" means a person under 18 years of age.
(b) No underage person shall purchase any low-alcohol beverage.
(c) No underage person shall order, pay for, share the cost of, or attempt to purchase any low-alcohol beverage.
(d) No person shall knowingly furnish any false information as to the name, age, or other identification of any underage person for the purpose of obtaining or with the intent to obtain any low-alcohol beverage for an underage person, by purchase or as a gift.
(e) No underage person shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining any low-alcohol beverage in any place in this Municipality.
(f) No person shall sell or furnish any low-alcohol beverage to, or buy any low-alcohol beverage for, an underage person, unless given by a physician in the regular line of his or her practice or given for established religious purposes, or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian.
(g) (1) No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming any low-alcohol beverage, unless the low-alcohol beverage 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 when the person possesses or consumes the low-alcohol beverage.
(2) An owner of a public or private place is not liable for acts or omissions in violation of division (g)(1) that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee’s acts or omissions.
(h) No permit issued by the Division of Liquor Control shall be suspended, revoked, or cancelled because of a violation of either division (f) or (g).
(i) No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless he or she is accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the low-alcohol beverage is given by a physician in the regular line of his or her practice or given for established religious purposes.
(j) No parent, spouse who is not an underage person, or legal guardian of an underage person shall knowingly permit the underage person to violate this section.
(ORC 4301.631)
(k) No low-alcohol beverage shall be sold to any person under 18 years of age.
(ORC 4301.22)
(l) Whoever violates division (b) of this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). The court imposing a fine for a violation of division (b) of this section may order that the fine be paid by the performance of public work at a reasonable hour rate established by the court. The court shall designate the time within which the public work shall be completed.
(ORC 4301.99(E))
(m) Whoever violates subsections (c) through (k) hereof is guilty of a misdemeanor of the fourth degree.
(ORC 4301.99(B))