529.02   SALES TO AND USE BY UNDERAGE PERSONS; SECURING PUBLIC ACCOMMODATIONS.
   (a)   Except as otherwise provided in this chapter or in Ohio 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 no 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 Ohio R.C. 4301.22(A)(1) or a substantially equivalent municipal ordinance. 
(ORC 4301.69(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 professionals authorized to prescribe drugs and has the drug of abuse in the original container in which it was dispensed to the person.
(Ord. C37-09.  Passed 6-15-09.)
   (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 has 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 Ohio 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 Ohio 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, Ohio 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 Ohio R.C. 2953.52.  If the person fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.
(ORC 4301.69(D) - (E))
   (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 Ohio R.C. 4301.63, 4301.633, or 4301.634, or any substantially equivalent municipal ordinance.
(Ord. C37-09.  Passed 6-15-09.)
   (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)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “Drug of abuse” has the same meaning as in Ohio R.C. 3719.011.
      (2)   “Hotel” has the same meaning as in Ohio R.C. 3731.01.
      (3)   “Licensed health professional authorized to prescribe drugs” and “prescription” have the same meanings as in Ohio 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.
(ORC 4301.69(G) - (H))
   (i)   The provisions of Ohio R.C. 4301.633 through 4301.637, or substantially equivalent municipal ordinances, shall not be deemed to modify or affect divisions (a) through (h) of this section or Ohio R.C. 4301.22(A).
(ORC 4301.638)
   (j)   (1)   Whoever violates division (a) of this section is guilty of a misdemeanor, shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), and in addition to the fine, may be imprisoned for a definite term of not more than six months.
(ORC 4301.99(I))
      (2)   Whoever violates division (b), (c), (d), (e)(1), (f) or (g) of this section is guilty of a misdemeanor of the first degree.  If an offender who violates division (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.
(ORC 4301.99(C))
      (3)   It is an affirmative defense to a charge under divisions (b) and (f) that the person has taken, in good faith, reasonable, effective, and appropriate precautionary measures under the circumstances to restrict or prevent access by underage persons to alcoholic beverages.
(Ord. C37-09.  Passed 6-15-09.)