(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 the person’s possession an opened container of beer or intoxicating liquor in any of the following circumstances:
(1) Except as provided in subsection (c)(1)E. hereof, in an agency store;
(2) Except as provided in subsection (c) hereof, on the premises of the holder of any permit issued by the Division of Liquor Control;
(3) In any other public place, unless expressly permitted for that location pursuant to a permit issued pursuant to subsection (f) below and the consumption is in conformance with the terms of that permit;
(4) Except as provided in subsection (d) or (e) hereof, 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 subsection (d) or (e) hereof, 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-2(f), 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, D8, 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 permit holder or S 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 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.
E. Spirituous liquor to be consumed for purposes of a tasting sample, as defined in Ohio R.C. 4301.171.
F. Beer or intoxicating liquor to be consumed within the W.W. Williams Shelter at Wyman Woods, in connection with the permitted rental of said shelter and the issuance of an alcohol service permit for such event, in accordance with subsection (f) below.
(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 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 section, “festival” means an outdoor entertainment event.
(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 subsection (c)(3)A. of this section:
1. “Orchestral performance” means a concert comprised of a group of musicians playing various musical instruments.
2. “Venue” means a location that has been designated for the open-air performances.
(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 subsection (c)(3)B.1. hereof 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 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:
A. 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;
B. An outdoor performing arts event or orchestral performance that is free of charge and the F-9 permit holder annually hosts not less than twenty-five other events or performances that are free of charge on the permit premises.
As used in subsection (c)(5) hereof, “orchestral performance” has the same meaning as in subsection (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 subsection (c)(6)A. of this section:
1. “Racing event” means a motor vehicle racing event sanctioned by one or more motor racing sanctioning organizations.
2. “Outdoor motorsports facility” means an outdoor racetrack to which all of the following apply:
a. It is two and four-tenths miles or more in length.
b. It is located on two hundred 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.
(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 Ohio 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. Subsection (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 possession is otherwise authorized under subsection (d) or (e) of this section.
C. As used in subsection (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 division (A)(3) of Ohio R.C. 4303.208.
B. As used in subsection (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 the use of a chauffeured limousine pursuant to a prearranged contract, or the guest of such a 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.
(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 subsection (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. (ORC 4301.62)
(f) An alcohol service permit may be obtained by a person age 21 or over who has otherwise applied and paid the requisite rental fee to use the W.W. Williams Shelter at Wyman Woods, and has additionally applied, met the conditions, and paid the additional fee for obtaining an alcohol service permit.
(1) The alcohol service permit requirements shall be established by the Parks & Recreation Department of the City and adopted by City Council, and are subject to enforcement by the City Police Division.
(2) As a condition of the alcohol service permit, the applicant shall comply with all applicable state liquor laws, and, if granted a permit, the applicant shall display it at the request of any authorized Park & Recreation Department employee or police officer.
(3) Application for an alcohol service permit shall contain the applicant’s name, address, telephone, date of birth, and the number of persons expected to be in attendance at the permitted event. The applicant shall show proof of age using a valid unexpired driver license or other government-issued photo identification. Application for the alcohol service permit shall be accompanied by the approved permit fee, which shall be valid for one day only, as shown on the permit. A separate permit is required to reserve the W.W. Williams Shelter at Wyman Woods.
(4) Consumption of beer or other intoxicating liquor subject to an alcohol service permit shall be restricted to within the confines of the W.W. Williams Shelter at Wyman Woods.
(5) It shall be the responsibility of the alcohol service permit holder to ensure the compliance of all event attendees.
(6) The alcohol service permit shall be revocable by the City for any violation of this ordinance. Any person who has had an alcohol service permit revoked by the City shall not be entitled to apply for another such permit until the expiration of sixty (60) days from the date of such revocation.
(g) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2015-03. Passed 1-20-15.)