Section
91.01 Definitions
91.02 Exemptions from chapter
91.03 Restrictions applicable to sale of beer and intoxicating liquor for consumption on the premises
91.04 Restrictions on sale of beer and liquor
91.05 Permit required; activities prohibited without permit
91.06 Illegal transportation prohibited
91.07 Open container prohibited; exception
91.08 Underage person shall not purchase intoxicating liquor or beer
91.09 Prohibitions; minors under 18 years; low-alcohol beverages
91.10 Alcohol vaporizing devices prohibited
91.11 Misrepresentation to obtain alcoholic beverage for a minor prohibited
91.12 Misrepresentation by a minor under 21 years
91.13 [Reserved]
91.14 Posting of card
91.15 Good faith acceptances of spurious identification
91.16 Prohibition against consumption in motor vehicle
91.17 Hours of sale or consumption
91.18 Obstructing search of premises prohibited
91.19 Illegal possession of intoxicating liquor prohibited
91.20 Prohibition against sale or possession of diluted liquor and refilled containers
91.21 Offenses involving underage persons
91.22 Keeping place where beer or intoxicating liquors are sold in violation of law
91.23 Intoxicating liquors shall not be sold in brothels
91.24 Use of intoxicating liquor in a public dance hall prohibited; exceptions
91.25 Poisonously adulterated liquors
91.26 Tavern keeper permitting rioting or drunkenness
91.27 Notice of action to prohibit liquor business
91.28 [Reserved]
91.29 Procedure when injunction violated
91.30 Liquor transaction scans
91.31 Affirmative defenses
91.99 Penalty
Cross-reference:
Statutory reference:
Administrative regulations, see O.A.C. Chapter 4301:1-1
Liquor permits, see R.C. Chapter 4303
Local option elections, see R.C. §§ 4301.32 et seq.
Use of license to violate liquor laws; suspension; procedures, see R.C. § 4510.33
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. Ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. The term does not include denatured alcohol and wood alcohol.
AT RETAIL. For use or consumption by the purchaser and not for resale.
BEER.
(1) Includes all beverages brewed or fermented wholly or in part from malt products and containing 0.5% or more of alcohol by volume.
(2) Beer, regardless of the percent of alcohol by volume, is not intoxicating liquor for purposes of this code, the Ohio Revised Code, or any rules adopted under it.
CIDER. All liquids that are fit to use for beverage purposes that contain 0.5% of alcohol by volume, but not more than 6% of alcohol by weight that are made through the normal alcoholic fermentation of the juice of sound, ripe apples, including, without limitation, flavored, sparkling, or carbonated cider and cider made from pure condensed apple must.
CLUB. A corporation or association of individuals organized in good faith for social, recreational, benevolent, charitable, fraternal, political, patriotic, or athletic purposes, which is the owner, lessor, or occupant of a permanent building or part of a permanent building operated solely for such purposes, membership in which entails the prepayment of regular dues, and includes the place so operated.
CONTROLLED ACCESS ALCOHOL AND BEVERAGE CABINET. A closed container, either refrigerated, in whole or in part, or nonrefrigerated, access to the interior of which is restricted by means of a device that requires the use of a key, magnetic card, or similar device and from which beer, intoxicating liquor, other beverages, or food may be sold.
HOTEL. The same meaning as in R.C. § 3731.01, subject to the exceptions mentioned in R.C. § 3731.03.
INTOXICATING LIQUOR
and
LIQUOR.
All liquids and compounds, other than beer, containing 0.5% or more of alcohol by volume which are fit to use for beverage purposes, from whatever source and by whatever process produced, by whatever name called, and whether they are medicated, proprietary, or patented.
INTOXICATING LIQUOR
and
LIQUOR
include cider and alcohol, and all solids and confections which contain 0.5% or more of alcohol by volume.
LOW-ALCOHOL BEVERAGE.
Any brewed or fermented malt product or any product made from the fermented juices of grapes, fruits, or other agricultural products that contains either no alcohol or less than 0.5% of alcohol by volume. The beverages described in this definition do not include a soft drink such as root beer, birch beer, or ginger beer.
MANUFACTURE.
All processes by which beer or intoxicating liquor is produced, whether by distillation, rectifying, fortifying, blending, fermentation, brewing, or in any other manner.
MANUFACTURER.
Any person engaged in the business of manufacturing beer or intoxicating liquor.
MIXED BEVERAGES.
Include bottled and prepared cordials, cocktails, highballs, and solids and confections that are obtained by mixing any type of whiskey, neutral spirits, brandy, gin or other distilled spirits with, or over, carbonated or plain water, pure juices from flowers and plants, and other flavoring materials. The completed product shall contain not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume. The phrase includes the contents of a pod.
NIGHTCLUB. A place habitually operated for profit, where food is served for consumption on the premises, and one or more forms of amusement are provided or permitted for a consideration that may be in the form of a cover charge or may be included in the price of the food and beverages, or both, purchased by patrons.
PERSON. Includes firms and corporations.
PHARMACY. An establishment as defined in R.C. § 4729.01, that is under the management or control of a licensed pharmacist in accordance with R.C. § 4729.27.
POD. Means a sealed capsule made from plastic, glass, aluminum, or a combination thereof to which all of the following apply:
(1) The capsule contains intoxicating liquor of more than 21% of alcohol by volume.
(2) The capsule also contains a concentrated flavoring mixture.
(3) The contents of the capsule are not readily accessible or intended for consumption unless certain manufacturer’s processing instructions are followed.
(4) The instructions include releasing the contents of the capsule through a machine specifically designed to process the contents.
(5) After being properly processed according to the manufacturer’s instructions, the final product produced from the capsule contains not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume.
RESIDENCE DISTRICT. Two or more contiguous election precincts located within the same county and also located within this municipality, as described by a petition authorized by R.C. § 4301.33, 4301.332, 4303.29 or 4305.14.
RESTAURANT. A place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place. The term does not include pharmacies, confectionery stores, lunch stands, nightclubs, and filling stations.
SALE and SELL. The exchange, barter, gift, offer for sale, sale, distribution, and delivery of any kind, and the transfer of title or possession of beer and intoxicating liquor either by constructive or actual delivery by any means or devices whatever, including the sale of beer or intoxicating liquor by means of a controlled access alcohol and beverage cabinet pursuant to R.C. § 4301.21. Such terms do not include the mere solicitation of orders for beer or intoxicating liquor from the holders of permits issued by the Division of Liquor Control authorizing the sale of the beer or intoxicating liquor, but no solicitor shall solicit any orders until the solicitor has been registered with the Division pursuant to R.C. § 4303.25.
SALES AREA OR TERRITORY. An exclusive geographic area or territory that is assigned to a particular A or B permit holder and that either has one or more political subdivisions as its boundaries or consists of an area of land with readily identifiable geographic boundaries. SALES AREA OR TERRITORY does not include, however, any particular retail location in an exclusive geographic area or territory that had been assigned to another A or B permit holder before April 9, 2001.
SEALED CONTAINER. Any container having a capacity of not more than 128 fluid ounces, the opening of which is closed to prevent the entrance of air.
SPIRITUOUS LIQUOR. All intoxicating liquors containing more than 21% of alcohol by volume. The phrase does not include the contents of a pod.
VEHICLE. All means of transportation by land, by water, or by air, and everything made use of in any way for such transportation.
WHOLESALE DISTRIBUTOR and DISTRIBUTOR. A person engaged in the business of selling to retail dealers for purposes of resale.
WINE. All liquids fit to use for beverage purposes containing not less than 0.5% of alcohol by volume and not more than 21% of alcohol by volume, that is made from the fermented juices of grapes, fruits, or other agricultural products. The term includes cider, except as used in R.C. §§ 4301.13, 4301.421, 4301.422, 4301.432, and 4301.44, and, for purposes of determining the rate of the tax that applies, R.C. § 4301.43(B), the term does not include cider.
(R.C. §§ 4301.01, 4301.244)
The provisions of this chapter do not prevent the following:
(A) The storage of intoxicating liquor in bonded warehouses, established in accordance with the Acts of Congress and under the regulation of the United States, located in the municipality, or the transportation of intoxicating liquor to or from bonded warehouses of the United States wherever located.
(B) A bona fide resident of this state who is the owner of a warehouse receipt from obtaining or transporting to the resident's residence for the resident's own consumption and not for resale spirituous liquor stored in a government bonded warehouse in this state or in another state prior to December 1933, subject to such terms as are prescribed by the Division of Liquor Control.
(C) The manufacture of cider from fruit for the purpose of making vinegar, and nonintoxicating cider and fruit juices for use and sale.
(D) A licensed physician or dentist from administering or dispensing intoxicating liquor or alcohol to a patient in good faith in the actual course of the practice of the physician's or dentist's profession.
(E) The sale of alcohol to physicians, dentists, druggists, veterinary surgeons, manufacturers, hospitals, infirmaries, or medical or educational institutions using the alcohol for medicinal, mechanical, chemical or scientific purposes.
(F) The sale, gift, or keeping for sale by druggists and others of any of the medicinal preparations manufactured in accordance with the formulas prescribed by the United States Pharmacopoeia and National Formulary, patent or proprietary preparations, and other bona fide medicinal and technical preparations, which contain no more alcohol than is necessary to hold the medicinal agents in solution and to preserve the same, which are manufactured and sold as medicines and not as beverages, are unfit for use for beverage purposes, and the sale of which does not require the payment of a United States liquor dealer's tax.
(G) The manufacture and sale of tinctures or of toilet, medicinal and antiseptic preparations and solutions not intended for internal human use nor to be sold as beverages, and which are unfit for beverage purposes, if upon the outside of each bottle, box, or package of which there is printed in English, conspicuously and legibly, the quantity by volume of alcohol in the preparation or solution.
(H) The manufacture and keeping for sale of the food products known as flavoring extracts when manufactured and sold for cooking, culinary or flavoring purposes, and which are unfit for use for beverage purposes.
(I) The lawful sale of wood alcohol or of ethyl alcohol for external use when combined with other substances as to make it unfit for internal use.
(J) The manufacture, sale, and transport of ethanol or ethyl alcohol for use as fuel. As used in this division, ETHANOL has the same meaning as in R.C. § 122.075.
(K) The purchase and importation into the municipality or the purchase at wholesale from A or B permit holders in this state of beer and intoxicating liquor for use in manufacturing processes of nonbeverage food products under terms prescribed by the Division, provided that the terms prescribed by the Division shall not increase the cost of the beer or intoxicating liquor to any person, firm or corporation purchasing and importing it into this municipality or purchasing it from an A or B permit holder for that use.
(L) Any resident of this state or any member of the armed forces of the United States who has attained the age of 21 years from bringing into this municipality for personal use and not for resale not more than one liter of spirituous liquor, 4.5 liters of wine, or 288 ounces of beer in any 30-day period, and the same is free of any tax consent fee when the resident or member of the armed forces physically possesses and accompanies the spirituous liquor, wine or beer on returning from a foreign country, another state, or an insular possession of the United States.
(M) Persons at least 21 years of age who collect ceramic commemorative bottles containing spirituous liquor that have unbroken federal tax stamps on them from selling or trading the bottles to other collectors. The bottles shall originally have been purchased at retail from the Division, legally imported under division (L) of this section, or legally imported pursuant to a supplier registration issued by the Division. The sales shall be for the purpose of exchanging a ceramic commemorative bottle between private collectors and shall not be for the purpose of selling the spirituous liquor for personal consumption. The sale or exchange authorized by this division shall not occur on the premises of any permit holder, shall not be made in connection with the business of any permit holder, and shall not be made in connection with any mercantile business.
(N) The sale of beer or intoxicating liquor without a liquor permit at a private residence, not more than five times per calendar year at a residence address, at an event that has the following characteristics:
(1) The event is for a charitable, benevolent, or political purpose, but shall not include any event the proceeds of which are for the profit or gain of any individual;
(2) The event has in attendance not more than 50 people;
(3) The event shall be for a period not to exceed 12 hours;
(4) The sale of beer and intoxicating liquor at the event shall not take place between 2:30 a.m. and 5:30 a.m.;
(5) No person under 21 years of age shall purchase or consume beer or intoxicating liquor at the event and no beer or intoxicating liquor shall be sold to any person under 21 years of age at the event; and
(6) No person at the event shall sell or furnish beer or intoxicating liquor to an intoxicated person.
(O) The possession or consumption of beer or intoxicating liquor by a person who is under 21 years of age and who is a student at an accredited college or university, provided that both of the following apply:
(1) The person is required to taste and expectorate the beer or intoxicating liquor for a culinary, food service, or hospitality course.
(2) The person is under the direct supervision of the instructor of the culinary, food service, or hospitality course.
(R.C. § 4301.20)
(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 Division of Liquor Control:
(1) Except as otherwise provided in this chapter or in 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 21 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 that 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 21 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 § 91.04 and 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 the guest has read and understands the language that shall be posted on the controlled access alcohol and beverage cabinet as required by division (A)(2)(e) of this section.
(e) A hotel authorized to sell beer and intoxicating liquor pursuant to division (A)(2) of this section 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 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 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 division (A)(2)(a) of this section;
2. Be made available during business hours to authorized agents of the Division of Liquor Control pursuant to R.C. § 4301.10(A)(6) or to enforcement agents of the Department of Public Safety pursuant to R.C. §§ 5502.13 to 5502.19.
(g) The hotel shall observe all other applicable rules adopted by the Division of Liquor Control and the Liquor Control Commission.
(3) The seller shall not require the purchase of food with the purchase of beer 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 state Liquor Control Commission.
(4) Except as otherwise provided in R.C. § 4301.62(B)(8), 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 division (A)(2) of this section 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.
(R.C. § 4301.21)
(B) Whoever violates division (A)(4) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(C)) Penalty, see § 91.99
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