§ 2325.69. Sale to underage persons; public places and accommodations restrictions.


Latest version.
  • (A)

    Except as otherwise provided in this chapter, or Chapter 4301 of the Revised Code 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 underaged 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.

    (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 division 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 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 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 practitioner 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 possess 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.

    (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 is twenty-one years of age or older for the purpose of violating this section.

    (E)

    No underage person shall knowingly possess or consume any beer or intoxicating liquor, 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 beer or intoxicating liquor is given by a physician in the regular line of his practice or given for established religious purposes.

    (F)

    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 Sections 2325.63, 2325.632, 2325.633, 2325.634 of the Columbus City Codes.

    (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 this section:

    (1)

    "Drug of abuse" has the same meaning as in Section 3719.011 of the Revised Code.

    (2)

    "Hotel" has the same meaning as in Section 3731.01 of the Revised Code.

    (3)

    "Minor" means a person under the age of eighteen years.

    (4)

    "Practitioner" and "prescription" have the same meanings as in Section 3719.01 of the Revised Code.

    (5)

    "Underage person" means a person under the age of twenty-one years.

    (ORC 4301.69)

    (I)

    (1)

    Whoever violates division (A) of this section is guilty of a misdemeanor, shall be fined not less than five hundred and not more than one thousand dollars, and, in addition to the fine, may be imprisoned for a definite term of not more than six months.

    (ORC 4301.99(J))

    (2)

    Whoever violates division (B), (C), (D), (E), or (F) of this section is guilty of a misdemeanor of the first degree.

(ORC 4301.99(C); Ord. 2535-94.)