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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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§ 91.08 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
§ 91.10 ALCOHOL VAPORIZING DEVICES PROHIBITED.
   (A)   As used in this section, ALCOHOL VAPORIZING DEVICE means a machine or other device that mixes beer or intoxicating liquor with pure oxygen or any other gas to produce a vaporized product for the purpose of consumption by inhalation.
   (B)   No person shall sell or offer for sale an alcohol vaporizing device.
   (C)   No person shall purchase or use an alcohol vaporizing device.
(R.C. § 4301.65)
   (D)   (1)   Whoever violates division (B) of this section is guilty of misdemeanor of the third degree. For a second or subsequent violation occurring within a period of five consecutive years after the first violation, a person is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(J))
      (2)   Whoever violates division (C) of this section is guilty of a minor misdemeanor.
(R.C. § 4301.99(A))
§ 91.11 MISREPRESENTATION TO OBTAIN ALCOHOLIC BEVERAGE FOR A MINOR PROHIBITED.
   (A)   Except as otherwise provided in this chapter or in R.C. Chapter 4301, no person shall knowingly furnish any false information as to the name, age, or other identification of any person under 21 years of age, for the purpose of obtaining, or with the intent to obtain, beer or intoxicating liquor for a person under 21 years of age, by purchase, or as a gift.
(R.C. § 4301.633)
   (B)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(C))
§ 91.12 MISREPRESENTATION BY A MINOR UNDER 21 YEARS.
   (A)   Except as otherwise provided in this chapter or in R.C. Chapter 4301, no person under the age of 21 years shall knowingly show or give false information concerning his or her name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this municipality where beer or intoxicating liquor is sold under a permit issued by the Division of Liquor Control, or sold by the Division of Liquor Control.
(R.C. § 4301.634)
   (B)   (1)   Whoever violates § 91.12 is guilty of a misdemeanor of the first degree. If, in committing a first violation of § 91.12, the offender presented to the permit holder or his or her employee or agent a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $250 and not more than $1,000, and may be sentenced to a term of imprisonment of not more than six months.
      (2)   On a second violation in which, for the second time, the offender presented to the permit holder or his or her employee or agent a false, fictitious, or altered identification card, a false or fictitious driver's license purportedly issued by any state, or a driver's license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $500 nor more than $1,000, and may be sentenced to a term of imprisonment of not more than six months. The court also may suspend the offender's driver's or commercial driver's license or permit or nonresident operation privilege or deny the offender the opportunity to be issued a driver's or commercial driver's license for a period not exceeding 60 days.
      (3)   On a third or subsequent violation in which, for the third or subsequent time, the offender presented to the permit holder or his or her employee or agent a false, fictitious, or altered identification card, a false or fictitious driver’s license purportedly issued by any state, or a driver’s license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than $500 nor more than $1,000, and may be sentenced to a term of imprisonment of not more than six months. Except as provided in this division, the court also may impose a class six suspension of the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege from the range specified in R.C. § 4510.02(A)(6), and the court may order that the suspension or denial remain in effect until the offender attains the age of 21 years. The court, in lieu of suspending the offender’s temporary instruction permit, probationary driver’s license, or driver’s license, instead may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform.
(R.C. § 4301.99(F))
§ 91.13 [RESERVED]
Editor's note:
   This section, formerly based on R.C. § 4301.211 (Prohibitions on Price Advertising), was repealed because underlying state law was repealed.
§ 91.14 POSTING OF CARD.
   (A)   (1)   Except as otherwise provided in R.C. § 4301.691, every place in this municipality where beer, intoxicating liquor, or any low-alcohol beverage is sold for beverage purposes shall display at all times, in a prominent place on the premises thereof, a printed card, which shall be furnished by the Division of Liquor Control and which shall read substantially as follows:
   WARNING TO PERSONS UNDER AGE
   If you are under the age of 21
Under the statutes of the state of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or possess or consume beer or intoxicating liquor in any public place, or furnish false information as to name, age, or other identification, you are subject to a fine of up to $1,000, or imprisonment up to 6 months, or both.
   If you are under the age of 18
Under the statutes of the state of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or posses or consume, any type of beer or wine that contains either no alcohol or less than one-half of one per cent of alcohol by volume in any public place, or furnish false information as to the name, age, or other identification, you are subject to a fine of up to $250 or to imprisonment up to 30 days, or both.
      (2)   No person shall be subject to any criminal prosecution or any proceedings before the Department or the Liquor Control Commission for failing to display this card. No permit issued by the Department shall be suspended, revoked, or canceled because of the failure of the permit holder to display this card.
   (B)   (1)   Every place in this municipality for which a D permit has been issued under R.C. Chapter 4303 shall be issued a printed card by the Division of Liquor Control that shall read substantially as follows:
   WARNING
   If you are carrying a firearm
Under the statutes of Ohio, if you possess a firearm in any room in which liquor is being dispensed in premises for which a D permit has been issued under Chapter 4303 of the Revised Code, you may be guilty of a felony and may be subjected to a prison term of up to one year.
      (2)   No person shall be subject to any criminal prosecution or any proceedings before the Division of Liquor Control or the Liquor Control Commission for failing to display this card. No permit issued by the Department shall be suspended, revoked, or canceled because of the failure of the permit holder to display this card.
(R.C. § 4301.637) Penalty, see § 91.99
Statutory reference:
   Carrying concealed weapon, felony, see R.C. § 2923.12
   Possessing firearm in liquor permit premises, exceptions, defenses, see R.C. § 2923.121
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