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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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§ 91.27 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)
§ 91.28 [RESERVED]
Editor's note:
   This section, formerly based on R.C. § 4301.73 (Place Where Beer or Intoxicating Liquor is Sold Declared a Nuisance), was repealed because underlying state law was repealed.
§ 91.29 PROCEDURE WHEN INJUNCTION VIOLATED.
   (A)   Any person subject to an injunction, temporary or permanent, granted pursuant to § 91.28, shall obey the injunction. If the person violates the injunction, the court, or in vacation a judge thereof, may summarily try and punish the violator. The proceedings for punishment for contempt shall be commenced by filing with the Clerk of the Court from which the injunction issued, information under oath setting out the alleged facts constituting the violation, whereupon the court shall cause a warrant to issue under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may demand the production and oral examination of the witnesses.
(R.C. § 4301.74)
   (B)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(C))
§ 91.30 LIQUOR TRANSACTION SCANS.
   (A)   As used in this section and § 91.31:
      CARD HOLDER. Means any person who presents a driver's or commercial driver's license or an identification card to a permit holder, or an agent or employee of a permit holder, for either of the purposes listed in under divisions (a) or (b) of the definition for "transaction scan" in this section.
      IDENTIFICATION CARD. Means an identification card issued under R.C. §§ 4507.50 through 4507.52 or an equivalent identification card issued by another state.
      PERMIT HOLDER. Means the holder of a permit issued under R.C. Chapter 4303.
      TRANSACTION SCAN. Means the process by which a permit holder or an agent or employee of a permit holder checks, by means of a transaction scan device, the validity of a driver's or commercial driver's license or an identification card that is presented as a condition for doing either of the following:
         (a)   Purchasing any beer, intoxicating liquor, or low-alcohol beverage;
         (b)   Gaining admission to a premises that has been issued a liquor permit authorizing the sale of beer or intoxicating liquor for consumption on the premises where sold, and where admission is restricted to persons 21 years of age or older.
      TRANSACTION SCAN DEVICE. Means any commercial device or combination of devices used at a point of sale that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver's or commercial driver's license or an identification card.
   (B)   (1)   A permit holder or an agent or employee of a permit holder may perform a transaction scan by means of a transaction scan device to check the validity of a driver's or commercial driver's license or identification card presented by a card holder for either of the purposes listed in divisions (a) or (b) of the definition for "transaction scan" in this section.
      (2)   If the information deciphered by the transaction scan performed under division (B)(1) of this section fails to match the information printed on the driver's or commercial driver's license or identification card presented by the card holder, or if the transaction scan indicates that the information so printed is false or fraudulent, neither the permit holder nor any agent or employee of the permit holder shall sell any beer, intoxicating liquor, or low-alcohol beverage to the card holder.
      (3)   Division (B)(1) of this section does not preclude a permit holder or an agent or employee of a permit holder from using a transaction scan device to check the validity of a document other than a driver's or commercial driver's license or identification card, if the document includes a bar code or magnetic strip that may be scanned by the device, as a condition of a sale beer, intoxicating liquor, or a low-alcohol beverage or of granting admission to a premises described in the definition for "transaction scan" in this section.
   (C)   The Registrar of Motor Vehicles, with the approval of the Liquor Control Commission, shall adopt, and may amend or rescind, rules in accordance with R.C. Chapter 119 that do both of the following:
      (1)   Govern the recording and maintenance of information described in R.C. § 4301.61(D)(1)(a) and (D)(1)(b), R.C. § 2925.57(D)(1)(a) and (D)(1)(b), and R.C. § 2927.021(D)(1)(a) and (D)(1)(b);
      (2)   Ensure quality control in the use of transaction scan devices under R.C. §§ 2925.57, 2925.58, 2927.021, 2927.022, 4301.61, and 4301.611.
   (D)   (1)   No permit holder or agent or employee of a permit holder shall electronically or mechanically record or maintain any information derived from a transaction scan, except for the following:
         (a)   The name and date of birth of the person listed on the driver's or commercial driver's license or identification card presented by the card holder;
         (b)   The expiration date and identification number of the driver's or commercial driver's license or identification card presented by the card holder.
      (2)   No permit holder or agent or employee of a permit holder shall use the information that is derived from a transaction scan or that is permitted to be recorded and maintained under division (D)(1) of this section, except for purposes of R.C. § 4301.611, or a substantially equivalent municipal ordinance.
      (3)   No permit holder or agent or employee of a permit holder shall use a transaction scan device for a purpose other than a purpose listed in divisions (a) or (b) of the definition for "transaction scan" in this section.
      (4)   No permit holder or agent or employee of a permit holder shall sell or otherwise disseminate the information derived from a transaction scan to any third party, including but not limited to selling or otherwise disseminating that information for any marketing, advertising, or promotional activities, but a seller or agent or employee of a seller may release that information pursuant to a court order or as specifically authorized by R.C. § 4301.611, or a substantially equivalent municipal ordinance, or another section of this code or the Ohio Revised Code.
   (E)   Nothing in this section or R.C. § 4301.611, or a substantially equivalent municipal ordinance, relieves a permit holder or an agent or employee of a permit holder of any responsibility to comply with any other applicable local, state or federal laws or rules governing the sale of beer, intoxicating liquor, or low-alcohol beverages.
   (F)   Whoever violates division (B)(2) or (D) of this section is guilty of an illegal liquor transaction scan, and the court may impose upon the offender a civil penalty of up to $1,000 for each violation. The Clerk of the Court shall pay each collected civil penalty to the County Treasurer for deposit into the County Treasury.
(R.C. § 4301.61)
§ 91.31 AFFIRMATIVE DEFENSES.
   (A)   A permit holder or an agent or employee of a permit holder may not be found guilty of a charge of a violation of this chapter or any rule of the Liquor Control Commission in which the age of the purchaser of any beer, intoxicating liquor, or low-alcohol beverage is an element of the alleged violation, if the permit holder, agent, or employee raises and proves as an affirmative defense that all of the following occurred:
      (1)   A card holder attempting to purchase any beer, intoxicating liquor, or low-alcohol beverage presented a driver's or commercial driver's license or an identification card.
      (2)   A transaction scan of the driver's or commercial driver's license or identification card that the card holder presented indicated that the license or card was valid.
      (3)   The beer, intoxicating liquor, or low-alcohol beverage was sold to the card holder in reasonable reliance upon the identification presented and the completed transaction scan.
   (B)   In determining whether a permit holder or an agent or employee of a permit holder has proven the affirmative defense provided by division (A) of this section, the Liquor Control Commission or the trier of fact in a court of record shall consider any written policy that the permit holder has adopted and implemented and that is intended to prevent violations of R.C. §§ 4301.22(A)(1) or (A)(2), 4301.63 through 4301.636, 4301.69, and 4301.691, or any substantially equivalent municipal ordinances. For purposes of division (A)(3) of this section, the Commission or trier of fact shall consider that reasonable reliance upon the identification presented and the completed transaction scan may require a permit holder or an agent or employee of a permit holder to exercise reasonable diligence to determine, and that the use of a transaction scan device does not excuse a permit holder or an agent or employee of a permit holder from exercising reasonable diligence to determine, the following:
      (1)   Whether a person to whom the permit holder or agent or employee of a permit holder sells any beer or intoxicating liquor is 21 years of age or older or sells low-alcohol beverage is 18 years of age or older;
      (2)   Whether the description and picture appearing on the driver's or commercial driver's license or identification card presented by a card holder is that of the card holder.
   (C)   The affirmative defense provided by division (A) of this section is in addition to the defense provided by R.C. § 4301.639, or any substantially equivalent municipal ordinance.
   (D)   In any hearing before the Liquor Control Commission and in any criminal action in which the affirmative defense provided by division (A) of this section is raised, the Registrar of Motor Vehicles or a deputy registrar who issued an identification card under R.C. §§ 4507.50 through 4507.52 shall be permitted to submit certified copies of the records of that issuance in lieu of the testimony of the personnel of or contractors with the Bureau of Motor Vehicles in the hearing or action.
(R.C. § 4301.611)
§ 91.99 PENALTY.
   Whoever violates any provision of this chapter for which no other penalty has been provided is guilty of a minor misdemeanor.
(R.C. §§ 4301.70, 4301.99(A))
Statutory reference:
   Liquor Director to be notified of court decision regarding permit holder, employee or agent, see R.C. § 4301.991