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As used in this chapter:
(A) ALCOHOL means ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. Such term excludes denatured alcohol and wood alcohol. (R.C. § 4301.01)
(B) INTOXICATING LIQUOR
and
LIQUOR
includes all liquids and compounds, other than beer as defined in division (C) below, containing one-half of one percent (0.5%) or more of alcohol by volume which are fit to use for beverage purposes, from whatever source and by whatever process produced, by whatever name called and whether they are medicated, proprietary or patented. The phrase includes cider, as defined in R.C. § 4301.01(B)(21), and alcohol as defined in division (A) above, and all solids and confections which contain 0.5% or more of alcohol by volume. (R.C. § 4301.01) (Rev. eff. with 2014 S-15)
(C) BEER.
(1) Includes all beverages brewed or fermented wholly or in part from malt products and containing 0.5% or more of alcohol by volume.
(R.C. § 4301.01) (Rev. eff. with 2017 S-18)
(2) Beer, regardless of the percent of alcohol by volume, is not intoxicating liquor for purposes of this code, the Ohio Revised Code, or any rules adopted under it.
(R.C. § 4301.244) (Rev. eff. with 2017 S-18)
(D) PERSON means individuals and organizations as defined in 130.08(D). (Ord. 57-1984, passed 8-1-84; Am. Ord. 59-1991, passed 9-4-91)
(E) LOW-ALCOHOL BEVERAGE means any brewed or fermented malt product, or any product made from the fermented juices of grapes, fruits, or other agricultural products, that contains either no alcohol or less than one-half of 1% of alcohol by volume. The beverages described in this division (E) do not include a soft drink such as root beer, birch beer, or ginger beer. (R.C. § 4301.01) (Rev. eff. with 2000 S-1)
(A) (1) 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 his practice, or given for established religious purposes or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian. In proceedings before the Liquor Control Commission, no permit holder, or the 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 R.C. § 4301.69 or 4301.22 (A).
(2) 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 public 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.
(3) 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:
(a) 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.
(b) 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.
(4) (a) 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 accompanied 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.
(b) 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.
(5) (a) 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 accompanied 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.
(b) 1. If a person is charged with violating division (A)(5)(a) of this section in a complaint filed under 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 R.C. § 2151.358(D)(3). If the child fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.
2.
If a person is charged in a criminal complaint with violating division (A)(5)(a) 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 divisions (A)(5)(b)1. or (A)(5)(b)2. of this section. 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. § 2953.33. If the person fails to satisfactorily complete the diversion program, the court shall proceed with the complaint.
(6) 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, 4301.632, 4301.633, or 4301.634.
(7) 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.
(8) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 and PRESCRIPTION. Have the same meanings as in R.C. § 4729.01.
MINOR. A person under the age of 18 years.
UNDERAGE PERSON. A person under the age of 21 years.
(R.C. § 4301.69) (Rev. eff. with 2024 S-27)
(9) The provisions of R.C. §§ 4301.633 through 4301.637, or substantially similar municipal ordinances, shall not be deemed to modify or affect divisions (A)(1) through (8) of this section or R.C. § 4301.69.
(R.C. § 4301.638) (Rev. eff. with 2003 S-4)
(10) (a) Except as provided in division (A)(10)(b) of this section, whoever violates this section is guilty of a misdemeanor of the first degree.
(R.C. § 4301.99(C)) (Rev. eff. with 2000 S-1)
(b) Whoever violates division (A)(1) of this section is guilty of a misdemeanor, shall be fined not less than $500 nor more than $1000, and in addition to the fine, may be imprisoned for a definite term of not more than six months.
(R.C. § 4301.99(I)) (Rev. eff. with 2000 S-1)
(B) Except as otherwise provided in this chapter, no person under the age of 21 years shall purchase beer or intoxicating liquor.
(R.C. § 4301.63)
(C) Editor’s note: This section, formerly based on R.C. § 4301.632, was repealed because underlying state law was repealed. See § 92.02(A)(5) for new provisions regarding sale of alcohol to underage persons. (Rev. eff. with 2003 S-4)
(D) Except as otherwise provided in this chapter, 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)
(E) Except as otherwise provided in this chapter, no person under the age of 21 years shall knowingly show or give false information concerning his name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this State where beer or intoxicating liquor is sold under a permit issued by the Ohio Department of Liquor Control or sold by such Department.
(R.C. § 4301.634)
(F) (1) Whoever violates any provision of divisions (D) and (E) of this section is guilty of a misdemeanor of the first degree. If an offender who violates division (A)(5) 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 6 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 6 months, the offender shall not be eligible to be issued a temporary instruction permit until the offender attains the age of 16 years.
(2) Whoever violates division (B) of this section shall be fined not less than $25 nor more than $100. The court imposing a fine for a violation of said section 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. If an offender who violates 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 6 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 6 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), (F)) (Rev. eff. with 2003 S-4) (Ord. 57-1984, passed 8-1-84; Am. Ord. 59-1991, passed 9-4-91)
(A) No person shall sell intoxicating liquor to any individual who habitually drinks intoxicating liquor to excess.
(B) No person shall sell intoxicating liquor or beer to an intoxicated person.
(C) Whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 57-1984, passed 8-1-84)
(A) No person shall consume any beer or intoxicating liquor in a motor vehicle. This section does not apply to persons described in § 92.07(D) (R.C. § 4301.64)
(B) Whoever violates division (A) hereof 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 6 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 6 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)) (Rev. eff. with 2013 S-14) (Ord. 57-1984, passed 8-1-84)
(A) (1) No person personally or by the person’s clerk, agent, or employee, shall manufacture, manufacture for sale, offer, keep, or possess for sale, furnish or sell, or solicit the purchase or sale of any beer or intoxicating liquor in this state, or transport, import, or cause to be transported or imported any beer, intoxicating liquor, or alcohol in or into this municipality for delivery, use or sale, unless the person has fully complied with R.C. Chapters 4301 and 4303 or is the holder of a permit issued by the Division of Liquor Control and in force at the time.
(2) No manufacturer, supplier, wholesale distributor, broker, or retailer of beer or intoxicating liquor, or other person shall employ, retain, or otherwise utilize any person in this state to act as an employee, agent, solicitor, or salesperson, or act in any other representative capacity to sell, solicit, take orders, or receive offers to purchase or expressions of interest to purchase beer or intoxicating liquor from any person, at any location other than a liquor permit premises, except as specifically authorized by R.C. Chapter 4301 or R.C. Chapter 4303 or rules adopted thereunder. No function, event, or party shall take place at any location other than a liquor permit premises where any person acts in any manner to sell, solicit, take orders, or receive offers to purchase or expressions of intent to purchase beer or intoxicating liquor to or from any person, except as specifically authorized by R.C. Chapter 4301 or R.C. Chapter 4303 Code or rules adopted thereunder.
(R.C. §4303.25) (Rev. eff. with 2009 S-10)
(B) Whoever violates this section is guilty of a minor misdemeanor. (Ord. 57-1984, passed 8-1-84)
(A) As used in this section:
CHAUFFEURED LIMOUSINE means a vehicle registered under R.C. § 4503.24;
STREET, HIGHWAY, and MOTOR VEHICLE have the same meanings as in R.C. § 4511.01.
(B) No person shall have in the person's possession an opened container of beer or intoxicating liquor in any of the following circumstances:
(1) Except as provided in division (C)(1)(e) of this section, in a state liquor store;
(2) Except as provided in division (C) of this section, on the premises of the holder of any permit issued by the department of liquor control;
(3) In any other public place;
(4) Except as provided in division (D) or (E) of this section, while operating or being a passenger in or on a motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking;
(5) Except as provided in division (D) or (E) of this section, while being in or on a stationary motor vehicle on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
(C) (1) A person may have in the person's possession an opened container of any of the following:
(a) Beer or intoxicating liquor that has been lawfully purchased for consumption on the premises where bought from the holder of an A-1-A, A-2, A-2f, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, D-9, E, F, F-2, F-5, F-7, or F-8 permit;
(b) Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F-3 permit, wine served as a tasting sample by an A-2, A-2f, S-1, or S-2 permit holder for consumption on the premises of a farmers market for which an F-10 permit has been issued, or wine served for consumption on the premises by the holder of an F-4 or F-6 permit;
(c) Beer or intoxicating liquor consumed on the premises of a convention facility as provided in R.C. § 4303.201;
(d) Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the Liquor Control Commission;
(e) Spiritous liquor to be consumed for purposes of a tasting sample, as defined in R.C. § 4301.171;
(f) Beer or intoxicating liquor to be consumed in an outdoor area described in R.C. § 4303.188(B)(1)
(2) A person may have in the person's possession on an F liquor permit premises an opened container of beer of intoxicating liquor that was not purchased from the holder of the F permit if the premises for which the F permit is issued is a music festival and the holder of the F permit grants permission for that possession on the premises during the period for which the F permit is issued. As used in this division (C)(2), MUSIC FESTIVAL means a series of outdoor live musical performances extending for a period of at least three consecutive days and located on an area of land of at least 40 acres.
(3) (a) A person may have in the person’s possession on a D-2 liquor permit premises an opened or unopened container of wine that was not purchased from the holder of the D-2 permit if the premises for which the D-2 permit is issued is an outdoor performing arts center, the person is attending an orchestral performance, and the holder of the D-2 permit grants permission for the possession and consumption of wine in certain predesignated areas of the premises during the period for which the D-2 permit is issued.
(b) As used in division (C)(3)(a) of this section:
ORCHESTRAL PERFORMANCE means a concert comprised of a group of not fewer than 40 musicians playing various musical instruments.
OUTDOOR PERFORMING ARTS CENTER means an outdoor performing arts center that is located on not less than 150 acres of land and that is open for performances from the first day of April to the last day of October of each year.
(4) A person may have in the person’s possession an opened or unopened container of beer or intoxicating liquor at an outdoor location at which the person is attending an orchestral performance as defined in division (C)(3)(b) of this section if the person with supervision and control over the performance grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of that outdoor location.
(5) (a) A person may have in the person’s possession on an F-9 liquor permit premises an opened or unopened container of beer or intoxicating liquor that was not purchased from the holder of the F-9 permit if the person is attending either of the following:
1. An orchestral performance and the F-9 permit holder grants permission for the possession and consumption of beer or intoxicating liquor in certain predesignated areas of the premises during the period for which the F-9 permit is issued;
2. An outdoor performing arts event or orchestral performance that is free of charge and the F-9 permit holder annually hosts not less than 25 other events or performances that are free of charge on the permit premises.
(b) As used in division (C)(5) of this section, ORCHESTRAL PERFORMANCE has the same meaning as in division (C)(3)(b) of this section.
(6) (a) A person may have in the person’s possession on the property of an outdoor motorsports facility an opened or unopened container of beer or intoxicating liquor that was not purchased from the owner of the facility if both of the following apply:
1. The person is attending a racing event at the facility; and
2. The owner of the facility grants permission for the possession and consumption of beer or intoxicating liquor on the property of the facility.
(b) As used in division (C)(6)(a) of this section:
OUTDOOR MOTORSPORTS FACILITY. An outdoor racetrack to which all of the following apply:
a. It is 2.4 miles or more in length.
b. It is located on 200 acres or more of land.
c. The primary business of the owner of the facility is the hosting and promoting of racing events.
d. The holder of a D-1, D-2, or D-3 permit is located on the property of the facility.
RACING EVENT. A motor vehicle racing event sanctioned by one or more motor racing sanctioning organizations.
(7) (a) A person may have in the person's possession an opened container of beer or intoxicating liquor at an outdoor location within an outdoor refreshment area created under R.C. §4301.82 if the opened container of beer or intoxicating liquor was purchased from an A-1, A-1-A, A-1c, A-2, A-2f, D class, or F class permit holder to which both of the following apply:
1. The permit holder’s premises is located within the outdoor refreshment area.
2. The permit held by the permit holder has an outdoor refreshment area designation.
(b) Division (C)(7) of this section does not authorize a person to do either of the following:
1. Enter the premises of an establishment within an outdoor refreshment area while possessing an opened container of beer or intoxicating liquor acquired elsewhere;
2. Possess an opened container of beer or intoxicating liquor while being in or on a motor vehicle within an outdoor refreshment area, unless the possession is otherwise authorized under division (D) or (E) of this section.
(c) As used in division (C)(7) of this section, "D class permit holder" does not include a D-6 or D-8 permit holder.
(8) (a) A person may have in the person’s possession on the property of a market, within a defined F-8 permit premises, an opened container of beer or intoxicating liquor that was purchased from a D permit premises that is located immediately adjacent to the market if both of the following apply:
1. The market grants permission for the possession and consumption of beer and intoxicating liquor within the defined F-8 permit premises;
2. The market is hosting an event pursuant to an F-8 permit and the market has notified the division of liquor control about the event in accordance with R.C. § 4303.208(A)(3).
(b) As used in division (C)(8) of this section, MARKET means a market, for which an F-8 permit is held, that has been in operation since 1860.
(D) This section does not apply to a person who pays all or a portion of the fee imposed for the use of a chauffeured limousine pursuant to a prearranged contract or the guest of the person, when all of the following apply:
(1) The person or guest is a passenger in the limousine.
(2) The person or guest is located in the limousine, but is not occupying a seat in the front compartment of the limousine where the operator of the limousine is located.
(3) The limousine is located on any street, highway, or other public or private property open to the public for purposes of vehicular travel or parking.
(E) An opened bottle of wine that was purchased from the holder of a permit that authorizes the sale of wine for consumption on the premises where sold is not an opened container for the purposes of this section if both of the following apply:
(1) The opened bottle of wine is securely resealed by the permit holder or an employee of the permit holder before the bottle is removed from the premises. The bottle shall be secured in such a manner that it is visibly apparent if the bottle has been subsequently opened or tampered with.
(2) The opened bottle of wine that is resealed in accordance with division (E)(1) of this section is stored in the trunk of a motor vehicle or, if the motor vehicle does not have a trunk, behind the last upright seat or in an area not normally occupied by the driver or passengers and not easily accessible by the driver.
(R.C. § 4301.62) (Rev. eff. with 2014 S-15)
(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 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.
(R.C. § 4301.62) (Rev. eff. with 2024 S-27)
(I) Whoever violates this section is guilty of a minor misdemeanor. (R.C. § 4301.99(A))
(Ord. 57-1984, passed 8-1-84; Am. Ord. 59-1991, passed 9-4-91) (Rev. eff. with 2021 S-23)
(A) No low-alcohol beverage shall be sold to any person under 18 years of age. No permit issued by the division shall be suspended, revoked, or canceled because of a violation of this division. (R.C. § 4301.22)
(B) As used in this section, UNDERAGE PERSON means a person under 18 years of age.
(C) No underage person shall purchase any low-alcohol beverage.
(D) No underage person shall order, pay for, share the cost of, or attempt to purchase any low- alcohol beverage.
(E) No person shall knowingly furnish any false information as to the name, age, or other identification of any underage person for the purpose of obtaining or with the intent to obtain any low- alcohol beverage for an underage person, by purchase or as a gift.
(F) No underage person shall knowingly show or give false information concerning his name, age, or other identification for the purpose of purchasing or otherwise obtaining any low-alcohol beverage in any place in this state.
(G) No person shall sell or furnish any low-alcohol beverage to, or buy any low-alcohol beverage for an underage person, unless given by a physician in the regular line of his practice or given for established religious purposes, or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian.
(H) (1) 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 any low-alcohol beverage, unless the low-alcohol beverage 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 when the person possesses or consumes the low- alcohol beverage.
(2) An owner of a public or private place is not liable for acts or omissions in violation of division (H)(1) that are committed by a lessee of that place, unless the owner authorizes or acquiesces in the lessee's acts or omissions.
(I) No permit issued by the department of liquor control shall be suspended, revoked, or cancelled because of a violation of either division (G) or (H).
(J) No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless he is accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the low-alcohol beverage is given by a physician in the regular line of his practice or given for established religious purposes.
(K) No parent, spouse who is not an underage person, or legal guardian of an underage person shall knowingly permit the underage person to violate this section.
(R.C. § 4301.631)
(L) Whoever violates this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (C) of this section shall be fined not less than $25 nor more than $100. (R.C. § 4301.99(B), (F)) (Rev. eff. with 2004 S-6)
(A) As used in this section and § 92.10:
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 to 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 (1) or (2) 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 similar 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 (1) or (2) 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 similar 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 similar 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) (Rev. eff. with 2016 S-17)
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