(a) This section shall apply to the retail sale of beer, wine, mixed beverages, or spirituous liquor.
(b) No beer, wine, mixed beverages, or spirituous liquor shall be sold or delivered by an A-1, A-1C, 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-5H, D-5K, D-8, F, F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F-9, G, or I permit holder:
(1) From Monday to Saturday between the hours of 1:00 a.m. and 5:30 a.m.
(2) On Sunday between the hours of 1:00 a.m. and Sunday midnight, unless statutorily authorized otherwise.
(3) 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) 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-5G, D-5I, D-5J, D-5L, D-5M, D-5N, D-5O, or D-7 permit holder:
(1) From Monday to Saturday between the hours of 2:30 a.m. and 5:30 a.m.
(2) On Sunday between the hours of 2:30 a.m. and Sunday midnight, unless statutorily authorized otherwise.
(3) 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.
(OAC 4301:1-1-49)
(f) (1) Except if an ordinance or resolution is enacted or adopted under division (f)(2) of this section, this section does not apply to a person who, pursuant to a prearranged contract, is a passenger riding on a commercial quadricycle when all of the following apply:
A. The person is not occupying a seat in the front of the commercial quadricycle where the operator is steering or braking.
B. The commercial quadricycle is being operated on a street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
C. The person has in their possession on the commercial quadricycle an opened container of beer or wine.
D. The person has in their possession on the commercial quadricycle not more than either 36 ounces of beer or 18 ounces of wine.
(2) The Legislative Authority may enact an ordinance or adopt a resolution, as applicable, that prohibits a passenger riding on a commercial quadricycle from possessing an opened container of beer or wine.
(3) As used in this section, “commercial quadricycle” means a vehicle that has fully-operative pedals for propulsion entirely by human power and that meets all of the following requirements:
A. It has four wheels and is operated in a manner similar to a bicycle.
B. It has at least five seats for passengers.
C. It is designed to be powered by the pedaling of the operator and the passengers.
D. It is used for commercial purposes.
E. It is operated by the vehicle owner or an employee of the owner.
(g) (1) This section does not apply to a person that has in the person’s possession an opened container of beer or intoxicating liquor on the premises of a market if the beer or intoxicating liquor has been purchased from a D liquor permit holder that is located in the market.
(2) As used in division (g) of this section, “market” means an establishment that:
(a) Leases space in the market to individual vendors, not less than 50% of which are retail food establishments or food service operations licensed under Ohio R.C. Chapter 3717;
(b) Has an indoor sales floor area of not less than 22,000 square feet;
(c) Hosts a farmer’s market on each Saturday from April through December.
(h) (1) As used in this section, “alcoholic beverage” has the same meaning as in R.C. § 4303.185.
(2) An alcoholic beverage in a closed container being transported under R.C. § 4303.185 to its final destination is not an opened container for the purposes of this section if the closed container is securely sealed in such a manner that it is visibly apparent if the closed container has been subsequently opened or tampered with after sealing.
(i) This section does not apply to a person who has in the person’s possession an opened container of beer or intoxicating liquor in a public-use airport, as described in R.C. § 4303.181(D)(2)(a)(iii), when both of the following apply:
(1) Consumption of the opened container of beer or intoxicating liquor occurs in the area of the airport terminal that is restricted to persons taking flights to and from the airport; and
(2) The consumption is authorized under R.C. § 4303.181(D)(2)(a).
(R.C. § 4301.62)
(j) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4303.99(D))