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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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§ 91.21 OFFENSES INVOLVING UNDERAGE PERSONS.
   (A)   Except as otherwise provided in this chapter or in R.C. Chapter 4301, no person shall sell beer or intoxicating liquor to an underage person, shall buy beer or intoxicating liquor for an underage person, or shall furnish it to an underage person unless given by a physician in the regular line of the physician's practice or given for established religious purposes or unless the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian. In proceedings before the Liquor Control Commission, no permit holder, or no employee or agent of a permit holder, charged with a violation of this division shall be charged, for the same offense, with a violation of R.C. § 4301.22(A)(1) or a substantially equivalent municipal ordinance.
   (B)   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 beer or intoxicating liquor, unless the intoxicating liquor or beer 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 at the time of the person's possession or consumption of the beer or intoxicating liquor. An owner of a public or private place is not liable for acts or omissions in violation of this division that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee's acts or omissions.
   (C)   No person shall engage or use accommodations at a hotel, inn, cabin, campground, or restaurant when the person knows or has reason to know either of the following:
      (1)   That beer or intoxicating liquor will be consumed by an underage person on the premises of the accommodations that the person engages or uses, unless the person engaging or using the accommodations is the spouse of the underage person and who is not an underage person, or is the parent or legal guardian of all of the underage persons, who consume beer or intoxicating liquor on the premises and that person is on the premises at all times when beer or intoxicating liquor is being consumed by an underage person.
      (2)   That a drug of abuse will be consumed on the premises of the accommodations by any person, except a person who obtained the drug of abuse pursuant to a prescription issued by a licensed health professionals authorized to prescribe drugs and has the drug of abuse in the original container in which it was dispensed to the person.
   (D)   (1)   No person is required to permit the engagement of accommodations at any hotel, inn, cabin, or campground by an underage person or for an underage person, if the person engaging the accommodations knows or has reason to know that the underage person is intoxicated, or that the underage person possesses any beer or intoxicating liquor and is not supervised by a parent, spouse who is not an underage person, or legal guardian who is or will be present at all times when the beer or intoxicating liquor is being consumed by the underage person.
      (2)   No underage person shall knowingly engage or attempt to engage accommodations at any hotel, inn, cabin, or campground by presenting identification that falsely indicates that the underage person is 21 years of age or older for the purpose of violating this section.
   (E)   (1)   No underage person shall knowingly order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor in any public or private place. No underage person shall knowingly be under the influence of any beer or intoxicating liquor in any public place. The prohibitions set forth in this division against an underage person knowingly possessing, consuming, or being under the influence of any beer or intoxicating liquor shall not apply if the underage person is supervised by a parent, spouse who is not an underage person, or legal guardian, or the beer or intoxicating liquor is given by a physician in the regular line of the physician's practice or given for established religious purposes.
      (2)   If a person is charged in a criminal complaint with violating division (E)(1) of this section, R.C. § 2935.36 shall apply to the offense, except that a person is ineligible for diversion under that section if the person previously has been diverted pursuant to this division (E)(2). If the person completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the record in the case sealed under R.C. § 2953.52. If the person fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.
   (F)   No parent, spouse who is not an underage person, or legal guardian of a minor shall knowingly permit the minor to violate this section or R.C. § 4301.63, 4301.633, or 4301.634, or any substantially equivalent municipal ordinance.
   (G)   The operator of any hotel, inn, cabin, or campground shall make the provisions of this section available in writing to any person engaging or using accommodations at the hotel, inn, cabin, or campground.
   (H)   As used in this section:
      DRUG OF ABUSE. Has the same meaning as in R.C. § 3719.011.
      HOTEL. Has the same meaning as in R.C. § 3731.01.
      LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS. Has the same meaning as in R.C. § 4729.01.
      MINOR. Means a person under the age of 18 years.
      PRESCRIPTION. Has the same meaning as in R.C. § 4729.01.
      UNDERAGE PERSON. Means a person under the age of 21 years.
(R.C. § 4301.69)
   (I)   The provisions of R.C. §§ 4301.633 through 4301.637, or substantially equivalent municipal ordinances, shall not be deemed to modify or affect divisions (A) through (H) of this section or R.C. § 4301.69.
(R.C. § 4301.638)
   (J)   (1)   Except as provided in division (J)(2) of this section, whoever violates this section is guilty of a misdemeanor of the first degree. If an offender who violates division (E)(1) of this section was under the age of 18 years at the time of the offense and the offense occurred while the offender was the operator of or a passenger in a motor vehicle, the court, in addition to any other penalties it imposes upon the offender, shall suspend the offender's temporary instruction permit or probationary driver's license for a period of six months. 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(C))
      (2)   Whoever violates division (A) of this section is guilty of a misdemeanor, shall be fined not less than $500 nor more than $1,000, and in addition to the fine, may be imprisoned for a definite term of not more than six months.
(R.C. § 4301.99(I))
Statutory reference:
   Changes to law if federal uniform drinking age repealed or declared unconstitutional, see R.C. § 4301.691
§ 91.22 KEEPING PLACE WHERE BEER OR INTOXICATING LIQUORS ARE SOLD IN VIOLATION OF LAW.
   (A)   No person shall keep a place where beer or intoxicating liquors are sold, furnished, or given away in violation of law. The court, on conviction for a subsequent violation of this section, shall order the place where the beer or intoxicating liquor is sold, furnished, or given away to be abated as a nuisance or shall order the person so convicted to give bond payable to the state in the sum of $1,000, with sureties to the acceptance of the court, that the person will not sell, furnish, or give away beer or intoxicating liquor in violation of law and will pay all fines, costs, and damages assessed against the person for that subsequent violation of this section. The giving away of beer or intoxicating liquors, or any other device to evade this section, constitutes unlawful selling.
   (B)   As used in this section, BEER has the same meaning as in R.C. § 4301.01.
   (C)   Division (A) of this section does not apply to any premises for which a permit has been issued under R.C. Chapter 4303 while that permit is in effect.
(R.C. § 4399.09)
   (D)   Whoever violates this section shall be fined not less than $100 nor more than $500 on a first offense and shall be fined not less than $200 nor more than $500 on each subsequent offense.
(R.C. § 4399.99(B))
§ 91.23 INTOXICATING LIQUORS SHALL NOT BE SOLD IN BROTHELS.
   (A)   No person shall sell, exchange, or give away intoxicating liquor in a brothel.
(R.C. § 4399.10)
   (B)   Whoever violates this section shall be fined not less than $100 nor more than $500 and imprisoned not less than one nor more than six months.
(R.C. § 4399.99(C))
§ 91.24 USE OF INTOXICATING LIQUOR IN A PUBLIC DANCE HALL PROHIBITED; EXCEPTIONS.
   (A)   (1)   Except as otherwise provided in division (A)(2) of this section, no person who is the proprietor of, or who conducts, manages, or is in charge of any public dance hall shall allow the use of any intoxicating liquor or the presence of intoxicated persons in the public dance hall or on the premises on which it is located.
      (2)   The prohibition against the use of any intoxicating liquor contained in division (A)(1) of this section does not apply to establishments that are holders of a D-1, D-2, D-3, D-4, or D-5 permit whose principal business consists of conducting a hotel, a restaurant, a club, or a nightclub, all as defined in R.C. § 4301.01.
(R.C. § 4399.14)
   (B)   Whoever violates this section shall be fined not less than $25 nor more than $500, imprisoned not more than six months, or both.
(R.C. § 4399.99(D))
§ 91.25 POISONOUSLY ADULTERATED LIQUORS.
   (A)   No person, for the purpose of sale, shall adulterate spirituous liquor, alcoholic liquor, or beer used or intended for drink or medicinal or mechanical purposes, with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, brazilwood, cochineal, sugar of lead, aloes, glucose, tannic acid, or any other substance that is poisonous or injurious to health, or with a substance not a necessary ingredient in the manufacture of the spiritous liquor, alcoholic liquor, or beer, or sell, offer, or keep for sale spiritous liquor, alcoholic liquor, or beer that is so adulterated.
   (B)   In addition to the penalties provided in division (C) of this section, a person convicted of violating this section shall pay all necessary costs and expenses incurred in inspecting and analyzing spiritous liquor, alcoholic liquor, or beer that is so adulterated, sold, kept, or offered for sale.
(R.C. § 4399.15)
   (C)   Whoever violates this section shall be guilty of a third degree misdemeanor.
§ 91.26 TAVERN KEEPER PERMITTING RIOTING OR DRUNKENNESS.
   (A)   No tavern keeper shall permit rioting, intoxication, or drunkenness in or on his or her premises.
(R.C. § 4399.16)
   (B)   Whoever violates this section is guilty of a minor misdemeanor and shall be fined not more than $150.
§ 91.27 NOTICE OF ACTION TO PROHIBIT LIQUOR BUSINESS.
   Any party bringing an action to prohibit the operation of a business under a liquor permit issued pursuant to R.C. Chapter 4303 shall, upon filing the complaint in the action, notify the Division of Liquor Control of the filing of the complaint.
(R.C. § 4303.40)
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