(a) As used in this section,
(1) "Underage person" means any person under the age of twenty-one years who on July 31, 1987, was less than nineteen years of age.
(2) "Owner" includes any person, firm, corporation, or other legal entity who is the owner, lessee, trustee or temporary or permanent occupant of any real property within the City, and who:
A. Has any legal possessory interest in the property; or
B. Has been given control over the property by one who has a legal possessory interest in the property.
(3) "Alcoholic beverage" means any intoxicating liquor, beer, malt liquor, malt beverage, wine, mixed beverage, or spirituous liquor as defined in Ohio R.C. 4301.01.
(4) "Hotel" means any hotel or motel required to be licensed under Ohio R.C. 3731.03.
(b) No person who is the owner of any property within this City shall allow any underage person to remain on the property while possessing or consuming any alcoholic beverage, if the owner knows or, in the exercise of reasonable care, should know that an underage person is possessing or consuming alcoholic beverage on the premises.
(c) No person shall engage or permit engagement of accommodations at a hotel, banquet facility, campground or restaurant under circumstances in which he knows or, in the exercise of reasonable care, should know that alcoholic beverages will be possessed or consumed by an underage person on the premises of the accommodations.
(d) It is an affirmative defense to a charge under this section that the alcoholic beverage possessed or consumed by an underage person was given by a physician in the regular line of his practice, given for established religious purposes, or possessed or consumed by an underage person while accompanied by and with the consent of a parent, spouse or legal guardian.
(e) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 174-1987. Passed 12-21-87.)