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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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§ 91.11 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
§ 91.15 GOOD FAITH ACCEPTANCES OF SPURIOUS IDENTIFICATION.
   (A)   No permit holder, agent or employee of a permit holder, or any other person may be found guilty of a violation of any section of this chapter in which age is any element of the offense, if any court of record finds all of the following:
      (1)   That the person buying, at the time of so doing, exhibited to the permit holder, the agent or employee of the permit holder, or the other person a driver’s or commercial driver’s license or an identification card as defined in R.C. § 4301.61, a military identification card issued by the United States Department of Defense, or a United States or foreign passport, that displays a picture of the individual for whom the license, card, or passport was issued and shows that the person buying was then at least 21 years of age if the person was buying beer as defined in R.C. § 4301.01 or intoxicating liquor, or that the person was then at least 18 years of age if the person was buying any low- alcohol beverage;
      (2)   That the permit holder, the agent or employee of the permit holder, or the other person made a bona fide effort to ascertain the true age of the person buying by checking the identification presented at the time of the purchase to ascertain that the description on the identification compared with the appearance of the buyer and that the identification presented had not been altered in any way.
      (3)   That the permit holder, the agent or employee of the permit holder, or the other person had reason to believe that the person buying was of legal age.
   (B)   The defense provided by division (A) of this section is in addition to the affirmative defense provided by § 91.31.
(R.C. § 4301.639(A), (C))
§ 91.16 CONSUMPTION IN MOTOR VEHICLE PROHIBITED.
   (A)   No person shall consume any beer or intoxicating liquor in a motor vehicle. This section does not apply to persons described in R.C. § 4301.62(D) or a substantially equivalent municipal ordinance.
(R.C. § 4301.64)
   (B)   Whoever violates this section is guilty of a misdemeanor of the fourth degree. If an offender who violates this section was under the age of 18 years at the time of the offense, the court, in addition to any other penalties it imposes upon the offender, may suspend the offender’s temporary instruction permit, probationary driver’s license or driver’s license for a period of not less than six months and not more than one year. In lieu of suspending the offender’s temporary instruction permit, probationary driver’s license, or driver’s license, the court instead may require the offender to perform community service for a number of hours determined by the court. If the offender is 15 years and six months of age or older and has not been issued a temporary instruction permit or probationary driver’s license, the offender shall not be eligible to be issued such a license or permit for a period of six months. If the offender has not attained the age of 15 years and six months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of 16 years.
(R.C. § 4301.99(B))
§ 91.17 HOURS OF SALE OR CONSUMPTION.
   (A)   This section shall apply to the retail sale of beer, wine, mixed beverages, or spirituous liquor.
   (B)   (1)   No beer, wine, mixed beverages, or spirituous liquor shall be sold or delivered by an A-1, A-2, B-1, B-2, B-4, B-5, C-1, C-2, C-2X, D-1, D-2, D-2X, D-3 when issued without a D-3A, D-3X, D-4, D-5G, D-5H, D-5K, D-8, F, F-1, F-2, F-3, F-4, F-5, F-6, G, or I permit holder from Monday to Saturday between the hours of 1:00 a.m. and 5:30 a.m. and on Sunday between the hours of 1:00 a.m. and Sunday midnight, unless statutorily authorized otherwise.
      (2)   Consumption of beer, wine, mixed beverages, or spirituous liquor is also prohibited during the above hours upon the premises of the above permit holders who are authorized by their permit to sell beer, wine, mixed beverages, or spirituous liquor for on-premises consumption.
   (C)   (1)   No beer, wine, mixed beverages, or spirituous liquor shall be sold or delivered by an A-1A, D-3 when issued with a D-3A, D-4A, D-5, D-5A, D-5B, D-5C, D-5D, D-5E, D-5F, D-5I, D-5J, or D-7 permit holder from Monday to Saturday between the hours of 2:30 a.m. and 5:30 a.m. and on Sunday between the hours of 2:30 a.m. and Sunday midnight, unless statutorily authorized otherwise.
      (2)   Consumption of beer, wine, mixed beverages, or spirituous liquor is also prohibited during the above hours upon the premises of the above permit holders who are authorized by their permit to sell beer, wine, mixed beverages, or spirituous liquor for on-premises consumption.
   (D)   Permit holders authorized to sell beer, wine, mixed beverages, or spirituous liquor at retail who are not specifically identified in divisions (B) or (C) above shall be subject to the provisions of division (B), unless statutorily authorized otherwise.
   (E)   The hours on Sunday during which sales, delivery, or consumption of alcoholic beverages may take place are established by statute, but in no event shall they begin prior to 5:30 a.m.
(O.A.C. § 4301:1-1-49)
   (F)   No association, corporation, local unit of an association or corporation, or D permit holder who holds an F-2 permit shall sell beer or intoxicating liquor beyond the hours of sale allowed by the permit. This division imposes strict liability on the holder of such permit and on any officer, agent or employee of such permit holder.
(R.C. § 4303.202(D)(2))
   (G)   No F-8 permit holder shall sell beer or intoxicating liquor beyond the hours of sale allowed by the permit. This division imposes strict liability on the holder of an F-8 permit and on any officer, agent or employee of that permit holder.
(R.C. § 4303.208(C))
   (H)   Whoever violates divisions (F) or (G) of this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 4303.99(D)) Penalty, see § 91.99
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