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Montgomery Overview
Montgomery, Ohio Code of Ordinances
CITY OF MONTGOMERY, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
CHARTER TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS AND PROPERTIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
CHAPTER 90: ANIMALS
CHAPTER 91: INTOXICATING LIQUORS
§ 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 CONSUMPTION IN MOTOR VEHICLE PROHIBITED.
§ 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.
CHAPTER 92: GARBAGE DISPOSAL
CHAPTER 93: NUISANCES; ABATEMENTS
CHAPTER 94: STREETS AND SIDEWALKS
CHAPTER 95: UNCLAIMED AND ABANDONED VEHICLES
CHAPTER 96: FIRE PREVENTION CODE
CHAPTER 97: PARKS AND RECREATIONAL FACILITIES
CHAPTER 98: CEMETERIES
CHAPTER 99: BURGLARY AND EMERGENCY ALARM SYSTEMS
CHAPTER 100: TREE MAINTENANCE
CHAPTER 101: HUNTING
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 91.03 RESTRICTIONS APPLICABLE TO SALE OF BEER AND INTOXICATING LIQUOR FOR CONSUMPTION ON THE PREMISES.
   (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
§ 91.04 RESTRICTIONS ON SALE OF BEER AND LIQUOR.
   (A)   Restrictions on sales. Sales of beer and intoxicating liquor under all classes of permits and from liquor stores are subject to the following restrictions, in addition to those imposed by the rules or orders of the state Division of Liquor Control.
      (1)   (a)   Except as otherwise provided in this chapter or in R.C. Chapter 4301, no beer or intoxicating liquor shall be sold to any person under 21 years of age.
         (b)   No low-alcohol beverage shall be sold to any person under 18 years of age. No permit issued by the Division shall be suspended, revoked, or cancelled because of a violation of this division (A)(1)(b).
         (c)   Except as provided in division (A)(1)(d) of this section, all of the following apply to the handling, serving, and selling of beer and intoxicating liquor by a person employed by a permit holder:
            1.   No person under 19 years of age shall sell beer across a bar.
            2.   No person under 21 years of age shall sell wine, mixed beverages, or spirituous liquor across a bar.
            3.   No person under 18 years of age shall otherwise handle, serve, or sell beer or intoxicating liquor.
         (d)   Any person employed by a permit holder may handle beer or intoxicating liquor in sealed containers in connection with manufacturing, storage, warehousing, placement, stocking, bagging, loading, or unloading, and may handle beer or intoxicating liquor in open containers in connection with cleaning tables or handling empty bottles or glasses.
      (2)   No permit holder and no agent or employee of a permit holder shall sell or furnish beer or intoxicating liquor to an intoxicated person.
      (3)   (a)   No sales of intoxicating liquor shall be made after 2:30 a.m. on Sunday, except under either of the following circumstances:
            1.   Intoxicating liquor may be sold on Sunday under authority of a permit that authorizes Sunday sale.
            2.   Spiritous liquor may be sold on Sunday by any person awarded an agency contract under R.C. § 4301.17 if the sale of spiritous liquor is authorized in the applicable precinct as the result of an election on question (B)(1) or (B)(2) of R.C. § 4301.351 and if the agency contract authorizes the sale of spiritous liquor on Sunday.
         (b)   This section does not prevent the municipality from adopting a closing hour for the sale of intoxicating liquor earlier than 2:30 a.m. on Sunday or to provide that no intoxicating liquor may be sold prior to that hour on Sunday.
      (4)   (a)   No holder of a permit shall give away any beer or intoxicating liquor of any kind at any time in connection with the permit holder's business. However, with the exception of an A-1-A permit holder that also has been issued an A-2 or A-2f permit, an A-1-A, A-1c, or D permit holder may provide to a paying customer not more than a total of four tasting samples of beer, wine, or spirituous liquor, as authorized by the applicable permit, in any twenty-four-hour period. The permit holder shall provide the tasting samples free of charge, at the permit holder's expense, only to a person who is 21 years of age or older. The person shall consume the tasting samples on the premises of the permit holder. A distributor is not responsible for the costs of providing tasting samples authorized under division (A)(4) of this section.
         (b)   As used in division (A)(4) of this section:
            TASTING SAMPLE. Means one of the following, as applicable:
               a.   An amount not to exceed two ounces of beer;
               b.   An amount not to exceed two ounces of wine;
               c.   An amount not to exceed a quarter ounce of spirituous liquor.
            D PERMIT HOLDER. Means a person that has been issued a D-1, D-2, D-2x, D-3, D-3a, D-3 x, D-4, D-5, D-5a, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, D-6, or D-7 permit.
      (5)   Except as otherwise provided in this division, no retail permit holder shall display or permit the display on the outside of any licensed retail premises, on any lot of ground on which the licensed premises are situated, or on the exterior of any building of which the licensed premises are a part, any sign, illustration, or advertisement bearing the name, brand name, trade name, trademark, designation, or other emblem of, or indicating the manufacturer, producer, distributor, place of manufacture, production, or distribution of, any beer or intoxicating liquor. Signs, illustrations, or advertisements bearing the name, brand name, trade name, trademark, designation, or other emblem of or indicating the manufacturer, producer, distributor, place of manufacture, production, or distribution of beer or intoxicating liquor may be displayed and permitted to be displayed on the interior or in the show windows of any licensed premises, if the particular brand or type of product so advertised is actually available for sale on the premises at the time of that display. The Liquor Control Commission shall determine by rule the size and character of those signs, illustrations, or advertisements.
      (6)   No retail permit holder shall possess on the licensed premises any barrel or other container from which beer is drawn, unless there is attached to the spigot or other dispensing apparatus the name of the manufacturer of the product contained in the barrel or other container, provided that, if the beer is served at a bar, the manufacturer's name or brand shall appear in full view of the purchaser. The Commission shall regulate the size and character of the devices provided for in this section.
      (7)   The sale of gift certificates for the purchase of beer, wine, or mixed beverages shall be permitted for the purchase of beer, wine, or mixed beverages for on- or off-premises consumption. Limitations on the use of a gift certificate for the purchase of beer, wine, or mixed beverages for on- or off-premises consumption may be expressed by clearly stamping or typing on the face of the certificate that the certificate may not be used for the purchase of beer, wine, or mixed beverages for on-premises consumption.
(R.C. § 4301.22)
   (B)   Division (A)(1) not modified or affected. Sections 91.10 through 91.14, and R.C. §§ 4301.633 through 4301.637 shall not be deemed to modify or affect division (A)(1) of this section or R.C. § 4301.22(A).
(R.C. § 4301.638)
   (C)   Penalties.
      (1)   Whoever violates divisions (A)(1)(b) or (A)(3) of this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 4301.99(B))
      (2)   Whoever violates divisions (A)(1)(a), (A)(1)(c) or (A)(2) of this section is guilty of a misdemeanor of the third degree.
(R.C. § 4301.99(D), (H)) Penalty, see § 91.99
Statutory reference:
   Suspension of beer and liquor sales during emergency, see R.C. § 4301.251
§ 91.05 PERMIT REQUIRED; ACTIVITIES PROHIBITED WITHOUT PERMIT.
   (A)   Permit required.
      (1)   No person personally or by the person's clerk, agent, or employee, shall manufacture, manufacture for sale, offer, keep, or possess for sale, furnish or sell, or solicit the purchase or sale of any beer or intoxicating liquor in this state, or transport, import, or cause to be transported or imported any beer, intoxicating liquor, or alcohol in or into this municipality for delivery, use or sale, unless the person has fully complied with R.C. Chapters 4301 and 4303 or is the holder of a permit issued by the Division of Liquor Control and in force at the time.
      (2)   No manufacturer, supplier, wholesale distributor, broker, or retailer of beer or intoxicating liquor, or other person shall employ, retain, or otherwise utilize any person in this state to act as an employee, agent, solicitor, or salesperson, or act in any other representative capacity to sell, solicit, take orders, or receive offers to purchase or expressions of interest to purchase beer or intoxicating liquor from any person, at any location other than a liquor permit premises, except as specifically authorized by R.C. Chapter 4301 or R.C. Chapter 4303 or rules adopted thereunder. No function, event, or party shall take place at any location other than a liquor permit premises where any person acts in any manner to sell, solicit, take orders, or receive offers to purchase or expressions of intent to purchase beer or intoxicating liquor to or from any person, except as specifically authorized by R.C. Chapter 4301 or R.C. Chapter 4303 or rules adopted thereunder.
(R.C. § 4303.25)
   (B)   Activities prohibited without permit.
      (1)   As used in this division (B):
         CHARITABLE ORGANIZATION. An organization described under section 501(c)(3) of the Internal Revenue Code and exempt from federal income taxation under section 501(a) of the Internal Revenue Code.
         FUNDRAISER. Means a raffle, silent auction, or event where a door prize is awarded.
         POLITICAL ORGANIZATION. Means a political organization defined under section 527 of the Internal Revenue Code.
         RAFFLE. Means a raffle conducted in accordance with R.C. Chapter 2915.
         SILENT AUCTION. Means a method of submitting bids in writing by one or more persons and, after a review of all the bids received, personal property is awarded to the highest and most responsive bidder.
      (2)   No person, personally or by the person's clerk, agent, or employee, who is not the holder of an A permit issued by the Ohio Division of Liquor Control, in force at the time, and authorizing the manufacture of beer or intoxicating liquor, or who is not an agent or employee of the Division authorized to manufacture such beer or intoxicating liquor, shall manufacture any beer or intoxicating liquor for sale, or shall manufacture spirituous liquor.
      (3)   No person, personally or by the person's clerk, agent, or employee, who is not the holder of an A, B, C, D, E, F, G, I, or S permit issued by the Division, in force at the time, and authorizing the sale of beer, intoxicating liquor, or alcohol, or who is not an agent or employee of the Division or the Tax Commissioner authorized to sell such beer, intoxicating liquor, or alcohol, shall sell, keep, or possess beer, intoxicating liquor, or alcohol for sale to any persons other than those authorized by R.C. Chapters 4301 and 4303 to purchase any beer or intoxicating liquor, or sell any alcohol at retail.
      (4)   No person, personally or by the person's clerk, agent, or employee, who is the holder of a permit issued by the Division, shall sell, keep, or possess for sale any intoxicating liquor not purchased from the Division or from the holder of a permit issued by the Division authorizing the sale of such intoxicating liquor unless the same has been purchased with the special consent of the Division. The Division shall revoke the permit of any person convicted of a violation of division (B)(3) of this section.
      (5)   Division (B)(3) of this section does not apply to either of the following:
         (a)   The sale or possession for sale of any low-alcohol beverage;
         (b)   Beer and intoxicating liquor that is given away if all of the following apply:
            1.   The beer or intoxicating liquor is given away by a charitable or political organization to a participant in a fundraiser.
            2.   Any beer, wine, or mixed beverages given away via the fundraiser is purchased from a person issued a permit under R.C. Chapter 4303.
            3.   Any spirituous liquor given away via the fundraiser is purchased from an agency store located in this state.
            4.    Regarding any spirituous liquor donated to the charitable or political organization for purposes of the fundraiser, the donor is not an agency store located in this state and submits to the charitable or political organization receipts showing that the donor purchased the spirituous liquor from an agency store located in this state.
            5.   The charitable or political organization submits purchase receipts for the spirituous liquor given away via a fundraiser to the Division of Liquor Control as proof that the spirituous liquor was purchased from an agency store located in this state. The charitable or political organization shall submit the receipts in accordance with procedures that the Division shall establish.
(R.C. § 4301.58)
   (C)   Penalty. Whoever violates division (B) of this section is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(C))
§ 91.06 ILLEGAL TRANSPORTATION PROHIBITED.
   (A)   No person, who is not the holder of an H permit shall transport beer, intoxicating liquor, or alcohol in this municipality. This section does not apply to the transportation and delivery of beer, alcohol, or intoxicating liquor purchased or to be purchased from the holder of a permit issued by the Division of Liquor Control, in force at the time, and authorizing the sale and delivery of the beer, alcohol, or intoxicating liquor so transported, or to the transportation and delivery of beer, intoxicating liquor, or alcohol purchased from the Department or the Tax Commissioner, or purchased by the holder of an A or B permit outside this state, and transported within this municipality by them in their own trucks for the purpose of sale under their permits.
(R.C. § 4301.60)
   (B)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(C))
§ 91.07 OPEN CONTAINER PROHIBITED; EXCEPTION.
   (A)   As used in this section:
      CHAUFFEURED LIMOUSINE. Means a vehicle registered under R.C. § 4503.24.
      HIGHWAY. Has the same meaning as in R.C. § 4511.01.
      MOTOR VEHICLE. Has the same meaning as in R.C. § 4511.01.
      STREET. Has the same meaning as in R.C. § 4511.01.
   (B)   No person shall have in the person’s possession an opened container of beer or intoxicating liquor in any of the following circumstances:
      (1)   Except as provided in division (C)(1)(e) of this section, in a state liquor store;
      (2)   Except as provided in division (C) or (J) of this section, on the premises of the holder of any permit issued by the Division of Liquor Control;
      (3)   In any other public place;
      (4)   Except as provided in division (D) or (E) of this section, 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 division (D) or (E) of this section, 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)   (1)   A person may have in the person’s possession an opened container of any of the following:
         (a)   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, A-3a, 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, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or F-8 permit;
         (b)   Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F-3 permit, wine served as a tasting sample by an A-2, S-1, or S-2 permit holder for consumption on the premises of a farmers market for which an F-10 permit has been issued, or wine served for consumption on the premises by the holder of an F-4 or F-6 permit;
         (c)   Beer or intoxicating liquor consumed on the premises of a convention facility as provided in R.C. § 4303.201;
         (d)   Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the Liquor Control Commission;
         (e)   Spiritous liquor to be consumed for purposes of a tasting sample, as defined in R.C. § 4301.171.
      (2)   A person may have in the person’s possession on an F liquor permit premises an opened container of beer or intoxicating liquor that was not purchased from the holder of the F permit if the premises for which the F permit is issued is a music festival and the holder of the F permit grants permission for that possession on the premises during the period for which the F permit is issued. As used in this division (C)(2), MUSIC FESTIVAL means a series of outdoor live musical performances extending for a period of at least three consecutive days and located on an area of land of at least 40 acres.
      (3)   (a)   A person may have in the person’s possession on a D-2 liquor permit premises an opened or unopened container of wine that was not purchased from the holder of the D-2 permit if the premises for which the D-2 permit is issued is an outdoor performing arts center, the person is attending an orchestral performance, and the holder of the D-2 permit grants permission for the possession and consumption of wine in certain predesignated areas of the premises during the period for which the D-2 permit is issued.
         (b)   As used in division (C)(3)(a) of this section:
            ORCHESTRAL PERFORMANCE. Means a concert comprised of a group of not fewer than 40 musicians playing various musical instruments.
            OUTDOOR PERFORMING ARTS CENTER. Means an outdoor performing arts center that is located on not less than 150 acres of land and that is open for performances from the first day of April to the last day of October of each year.
      (4)   A person may have in the person’s possession an opened or unopened container of beer or intoxicating liquor at an outdoor location at which the person is attending an orchestral performance as defined in division (C)(3)(b) of this section if the person with supervision and control over the performance grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of that outdoor location.
      (5)   (a)   A person may have in the person's possession on an F-9 liquor permit premises an opened or unopened container of beer or intoxicating liquor that was not purchased from the holder of the F-9 permit if the person is attending either of the following:
            1.   An orchestral performance and the F-9 permit holder grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of the premises during the period for which the F-9 permit is issued;
            2.   An outdoor performing arts event or orchestral performance that is free of charge and the F-9 permit holder annually hosts not less than 25 other events or performances that are free of charge on the permit premises.
         (b)   As used in division (C)(5) of this section, ORCHESTRAL PERFORMANCE has the same meaning as in division (C)(3)(b) of this section.
      (6)   (a)   A person may have in the person’s possession on the property of an outdoor motorsports facility an opened or unopened container of beer or intoxicating liquor that was not purchased from the owner of the facility if both of the following apply:
            1.   The person is attending a racing event at the facility; and
            2.   The owner of the facility grants permission for the possession and consumption of beer or intoxicating liquor on the property of the facility.
         (b)   As used in division (C)(6)(a) of this section:
            OUTDOOR MOTORSPORTS FACILITY. An outdoor racetrack to which all of the following apply:
               a.   It is 2.4 miles or more in length.
               b.   It is located on 200 acres or more of land.
               c.   The primary business of the owner of the facility is the hosting and promoting of racing events.
               d.   The holder of a D-1, D-2, or D-3 permit is located on the property of the facility.
            RACING EVENT. A motor vehicle racing event sanctioned by one or more motor racing sanctioning organizations.
      (7)   (a)   A person may have in the person's possession an opened container of beer or intoxicating liquor at an outdoor location within an outdoor refreshment area created under R.C. § 4301.82 if the opened container of beer or intoxicating liquor was purchased from an A-1, A-1-A, A-1c, A-2, A-2f, D class, or F class permit holder to which both of the following apply:
            1.   The permit holder’s premises is located within the outdoor refreshment area.
            2.   The permit held by the permit holder has an outdoor refreshment area designation.
         (b)   Division (C)(7) of this section does not authorize a person to do either of the following:
            1.   Enter the premises of an establishment within an outdoor refreshment area while possessing an opened container of beer or intoxicating liquor acquired elsewhere;
            2.   Possess an opened container of beer or intoxicating liquor while being in or on a motor vehicle within an outdoor refreshment area, unless the possession is otherwise authorized under division (D) or (E) of this section.
         (c)   As used in division (C)(7) of this section, "D class permit holder" does not include a D-6 or D-8 permit holder.
      (8)   (a)   A person may have in the person’s possession on the property of a market, within a
defined F-8 permit premises, an opened container of beer or intoxicating liquor that was purchased from a D permit premises that is located immediately adjacent to the market if both of the following apply:
            1.   The market grants permission for the possession and consumption of beer and intoxicating liquor within the defined F-8 permit premises;
            2.   The market is hosting an event pursuant to an F-8 permit and the market has notified the division of liquor control about the event in accordance with R.C. § 4303.208(A)(3).
         (b)   As used in division (c)(8) of this section, “market” means a market, for which an F-8 permit is held, that has been in operation since 1860.
   (D)   This section does not apply to a person who pays all or a portion of the fee imposed for use of a chauffeured limousine pursuant to a prearranged contract or the guest of the 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)   An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply:
      (1)   The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with.
      (2)   The opened bottle of wine that is resealed in accordance with division (E)(1) of this section is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.(R.C. § 4301.62)
   (F)   (1)   Except if an ordinance or resolution is enacted or adopted under division (F)(2) of this section, this section does not apply to a person who, pursuant to a prearranged contract, is a passenger riding on a commercial quadricycle when all of the following apply:
         (a)   The person is not occupying a seat in the front of the commercial quadricycle where the operator is steering or braking.
         (b)   The commercial quadricycle is being operated on a street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
         (c)   The person has in their possession on the commercial quadricycle an opened container of beer or wine.
         (d)   The person has in their possession on the commercial quadricycle not more than either 36 ounces of beer or 18 ounces of wine.
      (2)   The Legislative Authority may enact an ordinance or adopt a resolution, as applicable, that prohibits a passenger riding on a commercial quadricycle from possessing an opened container of beer or wine.
      (3)   As used in this section, COMMERCIAL QUADRICYCLE means a vehicle that has fully- operative pedals for propulsion entirely by human power and that meets all of the following requirements:
         (a)   It has four wheels and is operated in a manner similar to a bicycle.
         (b)   It has at least five seats for passengers.
         (c)   It is designed to be powered by the pedaling of the operator and the passengers.
         (d)   It is used for commercial purposes.
         (e)   It is operated by the vehicle owner or an employee of the owner.
   (G)   (1)   This section does not apply to a person that has in the person’s possession an opened container of beer or intoxicating liquor on the premises of a market if the beer or intoxicating liquor has been purchased from a D liquor permit holder that is located in the market.
      (2)   As used in division (G) of this section, “market” means an establishment that:
         (a)   Leases space in the market to individual vendors, not less than 50% of which are retail food establishments or food service operations licensed under R.C. Chapter 3717;
         (b)   Has an indoor sales floor area of not less than 22,000 square feet;
         (c)   Hosts a farmer’s market on each Saturday from April through December.
(R.C. § 4301.62)
   (H)   (1)   As used in this section, ALCOHOLIC BEVERAGE has the same meaning as in R.C. § 4303.185.
      (2)   An alcoholic beverage in a closed container being transported under R.C. § 4303.185 to its final destination is not an opened container for the purposes of this section if the closed container is securely sealed in such a manner that it is visibly apparent if the closed container has been subsequently opened or tampered with after sealing.
   (I)   This section does not apply to a person who has in the person’s possession an opened container of beer or intoxicating liquor in a public-use airport, as described in R.C. § 4303.181(D)(2)(a)(iii), when both of the following apply:
      (1)   Consumption of the opened container of beer or intoxicating liquor occurs in the area of the airport terminal that is restricted to persons taking flights to and from the airport; and
      (2)   The consumption is authorized under R.C. § 4303.181(D)(2)(a).
(R.C. § 4301.62)
   (J)   This section does not apply to a person that has in the person's possession an opened container of homemade beer or wine that is served in accordance with R.C. § 4301.201(E).
(R.C. § 4301.62)
   (K)   Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 4301.99(A))
§ 91.08 UNDERAGE PERSON SHALL NOT PURCHASE INTOXICATING LIQUOR OR BEER.
   (A)   Except as otherwise provided in this chapter or in R.C. Chapter 4301, no person under the age of 21 years shall purchase beer or intoxicating liquor.
(R.C. § 4301.63)
   (B)   Whoever violates this section shall be fined not less than $25 nor more than $100. The court imposing a fine for a violation of this section may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court. The court shall designate the time within which the public work shall be completed.
(R.C. § 4301.99(E))
§ 91.09 PROHIBITIONS; MINORS UNDER 18 YEARS; LOW-ALCOHOL BEVERAGES.
   (A)   As used in this section, UNDERAGE PERSON means a person under 18 years of age.
   (B)   No underage person shall purchase any low-alcohol beverage.
   (C)   No underage person shall order, pay for, share the cost of, or attempt to purchase any low-alcohol beverage.
   (D)   No person shall knowingly furnish any false information as to the name, age, or other identification of any underage person for the purpose of obtaining or with the intent to obtain any low-alcohol beverage for an underage person, by purchase or as a gift.
   (E)   No underage person shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining any low-alcohol beverage in any place in this municipality.
   (F)   No person shall sell or furnish any low-alcohol beverage to, or buy any low-alcohol beverage for, an underage person, unless given by a physician in the regular line of his or her practice or given for established religious purposes, or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian.
   (G)   (1)   No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming any low-alcohol beverage, unless the low-alcohol beverage 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 when the person possesses or consumes the low-alcohol beverage.
      (2)   An owner of a public or private place is not liable for acts or omissions in violation of division (G)(1) that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee's acts or omissions.
   (H)   No permit issued by the Division of Liquor Control shall be suspended, revoked, or cancelled because of a violation of either division (F) or (G).
   (I)   No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless he or she is accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the low-alcohol beverage is given by a physician in the regular line of his or her practice or given for established religious purposes.
   (J)   No parent, spouse who is not an underage person, or legal guardian of an underage person shall knowingly permit the underage person to violate this section.
(R.C. § 4301.631)
   (K)   (1)   Whoever violates any provision of this section for which no other penalty is provided is guilty of a misdemeanor of the fourth degree.
(R.C. § 4301.99(B))
      (2)   Whoever violates division (B) of this section shall be guilty of a minor misdemeanor. The court imposing a fine for a violation of division (B) of this section may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court. The court shall designate the time within which the public work shall be completed.
(R.C. § 4301.99(E)) Penalty, see § 91.99
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