(a) As used in this section:
(1) “Chauffeured limousine” means a vehicle registered under Ohio R.C. 453.24.
(2) “Street”, “highway” and “motor vehicle” have the same meanings as in Chapter 301 of the Traffic Code and 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 places or under any of the following circumstances:
(1) In a State liquor store;
(2) Except as provided in subsection (c) hereof, on the premises of the holder of any permit issued by the Ohio Department of Liquor Control;
(3) In any other public place;
(4) Except as provided in subsection (d) 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) 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) A person may have in the person’s possession an open container of any of the following:
(1) 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, D7, D-8, E, F or F-2 permit;
(2) Beer, wine or mixed beverages served for consumption on the premises by the holder of an F-3 permit;
(3) Beer or intoxicating liquor consumed on the premises of a convention facility as provided in Ohio R.C. 4303.201.
(d) This section shall 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) This section shall not apply if any beer or intoxicating liquor is being sold or on public property in accordance with a special event permit issued pursuant to Chapter 557 or within the public right-of-way pursuant to a conditional use permit for outdoor dining issued under the authority of Section 1161.03(t), provided, however, such activity shall meet all other applicable laws and regulations for the possession, sale and consumption of beer or intoxicating liquor.
(f) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 46-11. Passed 11-21-2011.)