(a) The sale of beer or intoxicating liquor for consumption on the premises is subject to the following restrictions, in addition to those imposed by the rules and orders of the Ohio Division of Liquor Control:
(1) Except as otherwise provided in this chapter, or in Ohio R.C. Chapter 4301, beer or intoxicating liquor may be served to a person not seated at a table unless there is reason to believe that the beer or intoxicating liquor so served will be consumed by a person under twenty-one years of age.
(2) Beer or intoxicating liquor may be served by a hotel in the room of a bona fide guest, and may be sold by a hotel holding a D-5a permit, or a hotel holding a D-3 or D-5 permit that otherwise meets all of the requirements for holding a D-5a permit, by means of a controlled access alcohol and beverage cabinet which shall be located only in the hotel room of a registered guest. A hotel may sell beer or intoxicating liquor as authorized by its permit to a registered guest by means of a controlled access alcohol and beverage cabinet in accordance with the following requirements:
A. Only a person twenty-one years of age or older who is a guest registered to stay in a guestroom shall be provided a key, magnetic card or other similar device necessary to obtain access to the contents of a controlled access alcohol and beverage cabinet in that guestroom.
B. The hotel shall comply with Ohio R.C. 4301.22 in connection with the handling, restocking and replenishing of the beer and intoxicating liquor in the controlled access alcohol and beverage cabinet.
C. The hotel shall replenish or restock beer and intoxicating liquor in any controlled access alcohol and beverage cabinet only during the hours during which the hotel may serve or sell beer and intoxicating liquor.
D. The registered guest shall verify, in writing, that he or she has read and understands the language which shall be posted on the controlled access alcohol and beverage cabinet as required by paragraph (a)(2)E. hereof.
E. A hotel authorize to sell beer and intoxicating liquor pursuant to this paragraph shall post on the controlled access alcohol and beverage cabinet, in conspicuous language, the following notice:
“The alcoholic beverages contained in this cabinet shall not be removed from the premises”.
F. The hotel shall maintain a record of each sale of beer or intoxicating liquor made by the hotel by means of a controlled access alcohol and beverage cabinet for any period in which the permit holder is authorized to hold the permit pursuant to Ohio R.C. 4303.26 and 4303.27 and any additional period during which an applicant exercises its right to appeal a rejection by the Division of Liquor Control to renew a permit pursuant to Ohio R.C. 4303.271. The records maintained by the hotel shall comply with both of the following:
1. Include the name, address, age, and signature of each hotel guest who is provided access by the hotel to a controlled access alcohol and beverage cabinet pursuant to paragraph (a)(2)A. hereof; and
2. Be made available during business hours to authorized agents of the Division of Liquor Control pursuant to Ohio R.C. 4301.10(A)(6).
G. The hotel shall observe all other applicable rules adopted by the Division of Liquor Control and the Liquor Control Commission.
(3) Neither the seller nor the Liquor Control Commission, by its regulations, shall require the purchase of food with the purchase ofbeer or intoxicating liquor, nor shall the seller of beer or intoxicating liquor give away food of any kind in connection with the sale of beer or intoxicating liquor, except as authorized by rule of the Liquor Control Commission.
(4) The seller shall not permit the purchaser to remove beer or intoxicating liquor so sold from the premises.
(5) A hotel authorized to sell beer and intoxicating liquor pursuant to paragraph (a)(2) hereof shall provide a registered guest with the opportunity to refuse to accept a key, magnetic card or other similar device necessary to obtain access to the contents of a controlled access alcohol and beverage cabinet in that guest room. If a registered guest refuses to accept such key, magnetic card or other similar device, the hotel shall not assess any charges on the registered guest for use of the controlled access alcohol and beverage cabinet in that guest room.
(ORC 4301.21)
(b) Whoever violates or fails to comply with this section is guilty of a minor misdemeanor.