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CERTIFICATION
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COMPARATIVE SECTION TABLE
CHARTER OF THE CITY OF TOLEDO, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART TWELVE - DEVELOPMENT CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
PART NINETEEN - TAXATION CODE
PART TWENTY-ONE - PERSONNEL RELATIONS AND MUNICIPAL EMPLOYMENT
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529.03. Sales to intoxicated persons.
   (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.
(ORC 4301.22)
   (c)   Whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4301.99(F))
529.04. Bottle clubs prohibited.
   (a)   No person, club organization, association or company shall:
      (1)   Keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of providing a storage area wherein members, their guests or other persons are allowed to keep and maintain, for the purpose of consumption therein, beer and intoxicating liquors.
      (2)   Occupy any place, structure, building or conveyance for the purpose of providing a storage area wherein members, guests or other persons are allowed to keep and maintain, for the purposes of consumption therein, beer and intoxicating liquor.
      (3)   Receive, or offer or agree to receive, any person into any place, structure, building or conveyance for the purpose of allowing such person to consume or store liquors or beer therein, or permit any person to remain there for such purpose.
      (4)   Reside in, enter or remain in any place, structure or building, or enter or remain in any conveyance for the purpose of storing or consuming beer or intoxicating liquors therein.
   (b)   This section shall not apply to any premises being operated under the authority of a license issued by the Department of Liquor Control of the State, nor shall it apply to a private home.
   (c)   Whoever violates this section is guilty of a misdemeanor of the second degree.
(1952 Code § 17-9-119; Ord. 919-73)
529.05. Permit required.
   (a)   No person by himself or by his 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 Municipality, 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 such person has fully complied with Ohio R.C. Chapters 4301 and 4303 or is the holder of a permit issued by the Department of Liquor Control and in force at the time.
(ORC 4303.25)
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
529.06. Posting warning signs.
   (a)   Every place within the City where beer or intoxicating liquor is sold for beverage purposes, either under a permit issued by the Ohio Department of Liquor Control, or by the Ohio Department of Liquor Control, shall comply with the provisions of Ohio R.C. 4301.637.
   (b)   Such places shall also post, maintain and display at all times, in a prominent place or on the premises thereof, a printed card which shall be furnished by the City and which shall read substantially as follows:
WARNING
DRINKING BEER, WINE OR OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.
   (c)   No person shall be subject to an objection before the Ohio Department of Liquor Control or the Ohio Liquor Control Commission by any City division or agency solely because of violation of this section.
   (d)   Enforcement of this section shall fall under the authority of the Health Department.
(Ord. 536-90. Passed 5-29-90.)
529.07. Open container prohibited.
   (EDITOR'S NOTE: Former Section 529.07 was repealed by Ordinance 751-90, passed July 24, 1990.)
529.08. Hours of sale or consumption.
   (a)   No beer or intoxicating liquor shall be sold, delivered or be permitted to be consumed on week days on the premises of a D-3a, D-5, D-5a, or A-1-A permit holder between the hours of 2:30 a.m. and 5:30 a.m., and no intoxicating liquor shall be sold, delivered or be permitted to be consumed on week days on the premises of a D-3 permit holder between the hours of 1:00 a.m. and 5:30 a.m.
   No beer or intoxicating liquor shall be sold, delivered, or be permitted to be consumed on week days on the premises of a D-4 permit holder between the hours of 1:00 a.m. and 5:30 a.m.
   No intoxicating liquor may be sold by, delivered, or be permitted to be consumed on the premises of any permit holder during the hours between 1:00 a.m. on Sunday and Sunday midnight, except on the premises of a D-3a, D-5, D-5a or an A-1-A permit. As to holders of these excepted classes, no intoxicating liquor shall be sold or permitted to be consumed after 2:30 a.m. on Sunday.
   No beer whether by the package or by the glass shall be sold or delivered or be consumed on the premises of a permit holder on Sunday between the hours of 1:00 a.m. and 5:30 a.m. except on the premises of a holder of a D-3a permit who is also the holder of a D-1 permit or the holder of a D-5, D-5a or A-1-A permit. As to these excepted classes neither shall sell, deliver, or permit to be consumed on the premises, beer between the hours of 2:30 a.m. and 5:30 a.m.
   The holder of a D-6 permit may sell or allow the consumption of intoxicating liquors, as authorized by his other permits, between the hours of 1:00 p.m. Sunday and Sunday midnight for on the premises consumption only.
(OAC 4301:1-1-49)
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
529.09. Prohibiting possession or consumption of alcoholic beverages in public parks.
   (a)   No person shall possess or consume any alcoholic beverage, including 3.2 beer, in or at any public park or parkland operated and/or owned by the City of Toledo, except:
      (1)   Upon the immediate premises of a duly licensed concession possessing the appropriate permit issued by the Ohio Department of Liquor Control; or
      (2)   The sale and consumption of beer and/or wine during a scheduled event sponsored by a charitable non-profit organization which has previously obtained and possesses the appropriate permit issued by the Ohio Department of Liquor Control, together with written authorization of the Mayor or his authorized designee, which approval shall only be granted upon the establishing that such charitable non-profit organization has provided for reasonable and necessary public health and safety and obtained a permit from the Commissioner of Treasury. The exception provided by this section is specifically limited to sale and consumption of beer and wine in the following public parks: International Park, Levis Square, Promenade Park or the Toledo Botanical Garden.
   (b)   Whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 593-95. Passed 9-12-95.)
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