612.02 SALES TO UNDERAGE PERSONS; PROHIBITIONS AND MISREPRESENTATIONS.
   (a)   Except as otherwise provided in this chapter or in Ohio 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 his or her 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 section, shall be charged, for the same offense, with a violation of Ohio R.C. 4301.22(A).
   (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 subsection 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 he or she 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 himself or herself 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 professional 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 he or she is twenty-one 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)   A.   If a person is charged with violating paragraph (e)(1) hereof in a complaint filed under Ohio R.C. 2151.27, the court may order the child into a diversion program specified by the court and hold the complaint in abeyance pending successful completion of the diversion program. A child is ineligible to enter into a diversion program under this division if the child previously has been diverted pursuant to this division. If the child completes the diversion program to the satisfaction of the court, the court shall dismiss the complaint and order the child's record in the case sealed under Ohio R.C. 2151.356 through 2151.358. If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.
         B.   If a person is charged in a criminal complaint with violating paragraph (e)(1) hereof, Ohio 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 paragraphs (e)(2)A. or (e)(2)B. hereof. 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 Ohio 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 subsection (i), (j), (k) or (l) hereof, or any substantially similar 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 subsections (a) through (g) hereof:
      (1)   "Drug of abuse" has the same meaning as in Section 624.01.
      (2)   "Hotel" has the same meaning as in Ohio R.C. 3731.01.
      (3)   "Licensed health professional authorized to prescribe drugs" and "prescription" have the same meanings as in Ohio R.C. 4729.01.
      (4)   "Minor" means a person under eighteen years of age.
      (5)   "Underage person" means a person under the age of twenty-one years.
(ORC 4301.69)
   (i)   Except as otherwise provided in this chapter or in Ohio R.C. Chapter 4301, no person under the age of twenty-one years shall purchase beer or intoxicating liquor.
(ORC 4301.63)
   (j)   (EDITOR’S NOTE: Subsection (j) hereof was repealed because substantially similar State law, Ohio R.C. 4301.632, was repealed in 2002.)
   (k)   Except as otherwise provided in this chapter or in Ohio R.C. Chapter 4301, no person shall knowingly furnish any false information as to the name, age or other identification of any person under twenty-one years of age for the purpose of obtaining or with the intent to obtain, beer or intoxicating liquor for a person under twenty-one years of age, by purchase, or as a gift.
(ORC 4301.633)
   (l)   Except as otherwise provided in this chapter or in Ohio R.C. Chapter 4301, no person under the age of twenty-one years shall knowingly show or give false information concerning the person's 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 Ohio Division of Liquor Control or sold by such Division.
(ORC 4301.634)
   (m)   Whoever violates subsection (a) hereof is guilty of a misdemeanor and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) and, in addition to such fine, may be imprisoned for a definite term of not more than six months.
(ORC 4301.99(J))
   (n)   Whoever violates subsection (b), (c), (d), (e)(1), (f), (g) or (k) hereof is guilty of a misdemeanor of the first degree. If an offender who violates paragraph (e)(1) hereof was under the age of eighteen 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 fifteen 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 fifteen years and six months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of sixteen years.
(ORC 4301.99(C))
   (o)   Whoever violates subsection (g) hereof is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(ORC 4301.70; 4301.99(A))
   (p)   Whoever, being an adult, violates subsection (i) hereof shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). The court imposing a fine for a violation of subsection (i) hereof 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.
(ORC 4301.99(E))
   (q)   (1)   Whoever violates subsection (l) hereof is guilty of a misdemeanor of the first degree. If, in committing a first violation of that subsection, the offender presented to the permit holder or the permit holder's 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 that has been issued by any state and that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($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 the permit holder's 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 that has been issued by any state and that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) and may be sentenced to a term of imprisonment of not more than six months. The court may also impose a class seven suspension of the offender's driver's or commercial driver's license or permit or nonresident operating privilege from the range specified in Ohio R.C. 4510.02(A)(7).
      (3)   On a third or subsequent violation in which, for the third or subsequent time, the offender presented to the permit holder or the permit holder's 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 that has been issued by any state and that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($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 Ohio 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 twenty-one 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. (ORC 4301.99(F))
(ORC 4301.99(F))
   (r)   Whoever, being a minor, violates any of the provisions of this section, shall be dealt with in accordance with Juvenile Court law and procedure.
   (s)   (EDITOR’S NOTE: Subsection (s) hereof was repealed because the penalty for a substantially similar State law, Ohio R.C. 4301.632, was repealed in 2002.)