Chapter 529: Liquor Control

Sections

529.01 Definitions
529.02 Sales to and use by underage persons; securing public accommodations
529.021 Purchase by minor; misrepresentation
529.03 Sales to intoxicated persons
529.04 Liquor consumption in motor vehicle
529.05 Permit required
529.06 Low-alcohol beverages: sale to and purchase by underage persons prohibited
529.07 Open container prohibited
529.08 Hours of sale or consumption
529.99 Penalty

Cross references

See sectional histories for similar State law
Prohibiting sale of intoxicating liquor on Sunday - see Ohio R.C. 4301.22(D)
Local option - see Ohio R.C. 4301.32 et seq., 4303.29
Disorderly conduct; intoxication - see GEN. OFF. 509.03
Using weapons while intoxicated - see GEN. OFF. 549.03

529.01 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) “Alcohol”. Ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. The term does not include denatured alcohol and wood alcohol.
(b) “At Retail”. For use or consumption by the purchaser and not for resale.
(c) “Beer”.
1. (1) Includes all beverages brewed or fermented wholly or in part from malt products and containing one-half of one percent (0.5%) or more of alcohol by volume.
2. (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.
(d) “Cider”. All liquids that are fit to use for beverage purposes that contain one-half of one percent (0.5%) of alcohol by volume, but not more than six percent (6%) of alcohol by weight that are made through the normal alcoholic fermentation of the juice of sound, ripe apples, including, without limitation, flavored, sparkling, or carbonated cider and cider made from pure condensed apple must.
(e) “Hotel”. The same meaning as in Oho R.C. 3731.01, subject to the exceptions mentioned in Ohio R.C. 3731.03.
(f) “Intoxicating Liquor” and “Liquor”. All liquids and compounds, other than beer, 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 terms include cider and alcohol, and all solids and confections which contain one-half of one percent (0.5%) or more of alcohol by volume.
(g) “Low-Alcohol Beverage”. 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 one percent (0.5%) of alcohol by volume. The beverages described in this definition do not include a soft drink such as root beer, birch beer, or ginger beer.
(h) “Manufacture”. All processes by which beer or intoxicating liquor is produced, whether by distillation, rectifying, fortifying, blending, fermentation, brewing, or in any other manner.
(i) “Manufacturer”. Any person engaged in the business of manufacturing beer or intoxicating liquor.
(j) “Mixed Beverages”. Include bottled and prepared cordials, cocktails, highballs, and solids and confections that are obtained by mixing any type of whiskey, neutral spirits, brandy, gin or other distilled spirits with, or over, carbonated or plain water, pure juices from flowers and plants, and other flavoring materials. The completed product shall contain not less than one-half of one percent (0.5%) of alcohol by volume and not more than twenty-one percent (21%) of alcohol by volume. The phrase includes the contents of a pod.
(k) “Person”. Includes firms and corporations.
(l) “POD”. Means a sealed capsule made from plastic, glass, aluminum, or a combination thereof to which all of the following apply:
1. (1) The capsule contains intoxicating liquor of more than twenty-one percent (21%) of alcohol by volume.
2. (2) The capsule also contains a concentrated flavoring mixture.
3. (3) The contents of the capsule are not readily accessible or intended for consumption unless certain manufacturer’s processing instructions are followed.
4. (4) The instructions include releasing the contents of the capsule through a machine specifically designed to process the contents.
5. (5) After being properly processed according to the manufacturer’s instructions, the final product produced from the capsule contains not less than one-half of one percent (0.5%) of alcohol by volume and not more than twenty-one percent (21%) of alcohol by volume.
(m) “Restaurant”. A place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place. The term does not include pharmacies, confectionery stores, lunch stands, nightclubs, and filling stations.
(n) “Sale” and “Sell”. The exchange, barter, gift, offer for sale, sale, distribution, and delivery of any kind, and the transfer of title or possession of beer and intoxicating liquor either by constructive or actual delivery by any means or devices whatever, including the sale of beer or intoxicating liquor by means of a controlled access alcohol and beverage cabinet pursuant to Ohio R.C. 4301.21. Such terms do not include the mere solicitation of orders for beer or intoxicating liquor from the holders of permits issued by the Division of Liquor Control authorizing the sale of the beer or intoxicating liquor, but no solicitor shall solicit any orders until the solicitor has been registered with the Division pursuant to Ohio R.C. 4303.25.
(o) “Sealed Container”. Any container having a capacity of not more than 128 fluid ounces, the opening of which is closed to prevent the entrance of air.
(p) “Spirituous Liquor”. All intoxicating liquors containing more than twenty-one percent (21%) of alcohol by volume. The phrase does not include the contents of a pod.
(q) “Vehicle”. All means of transportation by land, by water, or by air, and everything made use of in any way for such transportation.
(r) “Wine”. All liquids fit to use for beverage purposes containing not less than one-half of one percent (0.5%) of alcohol by volume and not more than twenty-one percent (21%) of alcohol by volume, which is made from the fermented juices of grapes, fruits, or other agricultural products. Except as provided in Ohio R.C. 4301.01(B)(3), the term does not include cider.
(ORC 4301.01, 4301.244)

529.02 Sales to and use by underage persons; securing public accommodations

(a) Except as otherwise provided in this chapter or Ohio R.C. Chapter 4301, no person shall sell beer or intoxicating liquor to an underage person, or 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 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 subsection shall be charged, for the same offense, with a violation of Ohio R.C. 4301.22(A)(1).
(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 knows or has reason to know either of the following:
1. (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 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;
2. (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. (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. (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 the underage person is twenty-one years of age or older for the purpose of violating this section.
(e) 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 subsection (e) hereof 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.
(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 Section 529.021(a) to (c).
(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. (1) “Drug of abuse” has the same meaning as in Ohio R.C. 3719.011.
2. (2) “Hotel” has the same meaning as in Ohio R.C. 3731.01.
3. (3) “Licensed health professional authorized to prescribe drugs” and “prescription” have the same meanings as in Ohio R.C. 4729.01.
4. (4) “Minor” means a person under the age of eighteen years.
5. (5) “Underage person” means a person under the age of twenty-one years.
  (ORC 4301.69)
(i) Whoever violates this section is guilty of a misdemeanor of the first degree. In addition, whoever violates subsection (a) hereof shall be fined not less than five hundred dollars ($500.00).
(ORC 4301.99)

529.021 Purchase, consumption or possession by minor; misrepresentation

(a) Except as otherwise provided in this chapter or Ohio R.C. Chapter 4301, no person under the age of twenty-one years shall purchase beer or intoxicating liquor.
(ORC 4301.63)
(b) Except as otherwise provided in this chapter or 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)
(c) Except as otherwise provided in this chapter or 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 where beer or intoxicating liquor is sold under a permit issued by the Division of Liquor Control or sold by the Division of Liquor Control.
(ORC 4301.634)
(d)
1. (1) Whoever violates any provision of this section for which no other penalty is provided is guilty of a misdemeanor of the first degree.
2. (2) Whoever violates subsection (a) 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 (a) 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.
3. (3)
  1. (A) Whoever violates subsection (c) 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 issued by any state 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) and not more than one thousand dollars ($1,000) and may be sentenced to a term of imprisonment of not more than six months.
  2. (B) 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 issued by any state 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 also may 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. (C) 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 issued by any state 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 subsection, 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 offenders 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)

529.03 Sales to intoxicated persons

(a) No permit holder and no agent or employee of a permit holder shall sell or furnish beer or intoxicating liquor to an intoxicated person.
(ORC 4301.22)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree.
(ORC 4301.99)

529.04 Liquor consumption in motor vehicle

(a) No person shall consume any beer or intoxicating liquor in a motor vehicle. This section does not apply to persons described in Section 529.07(d).
(ORC 4301.64)
(b) Whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree.
(c) If an offender who violates this section was under the age of eighteen years at the time of the offense, the court, in addition to any other penalties it imposes upon the offender, shall 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 may instead require the offender to perform community service for a number of hours to be determined by the court. 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)

529.05 Permit required

(a) 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 Municipality, or transport, import or cause to be transported or imported any beer, intoxicating liquor or alcohol on or into this Municipality for delivery, use or sale, unless the person has fully complied with Ohio 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.
(ORC 4303.25)
(b) Whoever violates this section is guilty of a minor misdemeanor.

529.06 Low-alcohol beverages: sale to and purchase by underage persons prohibited

(a) As used in this section, “underage person” means a person under eighteen years of age.
(b) No underage person shall purchase any low-alcohol beverage.
(c) No underage person shall order, pay for, share the cost of, or attempt to purchase any low-alcohol beverage.
(d) 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.
(e) No underage person shall knowingly show or give false information concerning the person’s name, age, or other identification for the purpose of purchasing or otherwise obtaining any low-alcohol beverage in any place in this Municipality.
(f) 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.
(g) 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. 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.
(h) No underage person shall knowingly possess or consume any low-alcohol beverage in any public or private place, unless 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 the physician’s practice or given for established religious purposes.
(i) 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.
(ORC 4301.631)
(j) Whoever violates any provision of this section for which no other penalty is provided is guilty of a misdemeanor of the fourth degree.
(k) Whoever violates subsection (b) 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 (b) 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)

529.07 Open container prohibited

(a) As used in this section:
1. (1) “Chauffeured limousine” means a vehicle registered under Ohio R.C. 4503.24.
2. (2) “Street,” “highway” and “motor vehicle” have the same meanings as in Ohio 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. (1) In a State liquor store;
2. (2) Except as provided in subsection (c) hereof, on the premises of the holder of any permit issued by the Division of Liquor Control;
3. (3) In any other public place;
4. (4) Except as provided in subsection (d) or (e) hereof, 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. (5) Except as provided in subsection (d) or (e) hereof, 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. (1) A person may have in the person’s possession an opened container of any of the following:
  1. (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-2 (f), 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, D8, E, F, F- 2, F-5, F-7 or F-8 permit;
  2. (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 permit holder or S 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;
  3. (C) Beer or intoxicating liquor consumed on the premises of a convention facility as provided in Ohio R.C. 4303.201;
  4. (D) Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the Liquor Control Commission.
  5. (E) Spirituous liquor to be consumed for purposes of a tasting sample, as defined in Ohio R.C. 4301.171.
2. (2) A person may have in the person’s possession on an F liquor permit premises an opened container of beer or 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 section, “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 forty acres.
3. (3)
  1. (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.
  2. (B) As used in subsection (c)(3)A. of this section:
    1. (1) “Orchestral performance” means a concert comprised of a group of not fewer than forty musicians playing various musical instruments.
    2. (2) “Outdoor performing arts center” means an outdoor performing arts center that is located on not less than one hundred fifty 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. (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 subsection (c) (3)B.1. hereof 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. (5) 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. (A) 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. (B) An outdoor performing arts event or orchestral performance that is free of charge and the F-9 permit holder annually hosts not less than twenty-five other events or performances that are free of charge on the permit premises.
    
    As used in subsection (c)(5) hereof, “orchestral performance” has the same meaning as in subsection (c)(3)B. of this section.
6. (6)
  1. (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. (1) The person is attending a racing event at the facility; and
    2. (2) The owner of the facility grants permission for the possession and consumption of beer or intoxicating liquor on the property of the facility;
  2. (B) As used in subsection (c)(6)A. of this section:
    1. (1) “Racing event” means a motor vehicle racing event sanctioned by one or more motor racing sanctioning organizations.
    2. (2) “Outdoor motorsports facility” means an outdoor racetrack to which all of the following apply:
      1. (a) It is two and four-tenths miles or more in length.
      2. (b) It is located on two hundred acres or more of land.
      3. (c) The primary business of the owner of the facility is the hosting and promoting of racing events.
      4. (d) The holder of a D-1, D-2 or D-3 permit is located on the property of the facility.
7. (7)
  1. (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 Ohio 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. (1) The permit holder’s premises is located within the outdoor refreshment area.
    2. (2) The permit held by the permit holder has an outdoor refreshment area designation.
  2. (B) Subsection (c)(7) of this section does not authorize a person to do either of the following:
    1. (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. (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 subsection (d) or (e) of this section.
  3. (C) As used in subsection (c)(7) of this section, “D class permit holder” does not include a D-6 or D-8 permit holder.
8. (8)
  1. (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. (1) The market grants permission for the possession and consumption of beer and intoxicating liquor within the defined F-8 permit premises;
    2. (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 division (A)(3) of Ohio R.C. 4303.208.
  2. (B) As used in subsection (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 such a person, when all of the following apply:
1. (1) The person or guest is a passenger in the limousine;
2. (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. (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. (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. (2) The opened bottle of wine that is resealed in accordance with subsection (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.
(f)
1. (1) Except if an ordinance or resolution is enacted or adopted under subsection (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:
  1. (A) The person is not occupying a seat in the front of the commercial quadricycle where the operator is steering or braking.
  2. (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.
  3. (C) The person has in their possession on the commercial quadricycle an opened container of beer or wine.
  4. (D) The person has in their possession on the commercial quadricycle not more than either thirty-six ounces of beer or eighteen ounces of wine.
2. (2) The legislative authority of a municipal corporation or township may enact an ordinance or adopt a resolution, as applicable, that prohibits a passenger riding on a commercial quadricycle from possessing an opened container or beer or wine.
3. (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:
  1. (A) It has four wheels and is operated in a manner similar to a bicycle.
  2. (B) It has at least five seats for passengers.
  3. (C) It is designed to be powered by the pedaling of the operator and the passengers.
  4. (D) It is used for commercial purposes.
  5. (E) It is operated by the vehicle owner or an employee of the owner.
(g) 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.

As used in subsection (g) of this section, “market” means an establishment that:
1. (1) Leases space in the market to individual vendors, not less than fifty percent of which are retail food establishments or food service operations licensed under Ohio R.C. Chapter 3717;
2. (2) Has an indoor sales floor area of not less than twenty-two thousand square feet;
3. (3) Hosts a farmer’s market on each Saturday from April through December.
  (ORC 4301.62)
(h)
1. (1) As used in this section, “alcoholic beverage” has the same meaning as in Ohio R.C. 4303.185.
2. (2) An alcoholic beverage in a closed container being transported under Ohio 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.
  (ORC 4301.62)
(i) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 4301.99(A))

529.08 Hours of sale or consumption

(a) This rule 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. (1) From Monday to Saturday between the hours of one a.m. and five thirty a.m.
2. (2) On Sunday between the hours of one a.m. and Sunday midnight, unless statutorily authorized otherwise.
3. (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 liquid 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. (1) From Monday to Saturday between the hours of two thirty a.m. and five thirty a.m.
2. (2) On Sunday between the hours of two thirty a.m. and Sunday midnight, unless statutorily authorized otherwise.
3. (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 subsection (b) or (c) above shall be subject to the provisions of subsection (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 five thirty a.m.
(OAC 4301:1-1-49)
(f) Whoever violates this section is guilty of a minor misdemeanor.

529.99 Penalty

(Editor’s note: See Section 501.99 for penalties applicable to any misdemeanor classification.)