Effective: March 23, 2022
Latest Legislation: Senate Bill 102 - 134th General Assembly
(A) As used in this section:
(1) "Chauffeured limousine" means a vehicle registered under section 4503.24 of the Revised Code.
(2) "Street," "highway," and "motor vehicle" have the same meanings as in section 4511.01 of the Revised Code.
(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 an agency store;
(2) Except as provided in division (C) or (J) of this section, on the premises of the holder of any permit issued by the division 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, 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, 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 section 4303.201 of the Revised Code;
(d) Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the liquor control commission;
(e) Spirituous liquor to be consumed for purposes of a tasting sample, as defined in section 4301.171 of the Revised Code.
(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 division, "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)(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:
(i) "Orchestral performance" means a concert comprised of a group of not fewer than forty musicians playing various musical instruments.
(ii) "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) 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)(i) 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 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:
(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;
(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 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:
(i) The person is attending a racing event at the facility; and
(ii) 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:
(i) "Racing event" means a motor vehicle racing event sanctioned by one or more motor racing sanctioning organizations.
(ii) "Outdoor motorsports facility" means an outdoor racetrack to which all of the following apply:
(I) It is two and four-tenths miles or more in length.
(II) It is located on two hundred acres or more of land.
(III) The primary business of the owner of the facility is the hosting and promoting of racing events.
(IV) The holder of a D-1, D-2, or D-3 permit is located on the property of the facility.
(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 section 4301.82 of the Revised Code 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:
(i) The permit holder's premises is located within the outdoor refreshment area.
(ii) 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:
(i) Enter the premises of an establishment within an outdoor refreshment area while possessing an opened container of beer or intoxicating liquor acquired elsewhere;
(ii) 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:
(i) The market grants permission for the possession and consumption of beer and intoxicating liquor within the defined F-8 permit premises;
(ii) 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 section 4303.208 of the Revised Code.
(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.
(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 thirty-six ounces of beer or eighteen ounces of wine.
(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 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) 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 division (G) of this section, "market" means an establishment that:
(1) Leases space in the market to individual vendors, not less than fifty per cent of which are retail food establishments or food service operations licensed under Chapter 3717. of the Revised Code;
(2) Has an indoor sales floor area of not less than twenty-two thousand square feet;
(3) 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 section 4303.185 of the Revised Code.
(2) An alcoholic beverage in a closed container being transported under section 4303.185 of the Revised Code 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 division (D)(2)(a)(iii) of section 4303.181 of the Revised Code, 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 division (D)(2)(a) of section 4303.181 of the Revised Code.
(J) This section does not apply to a person that has in the person's possession an opened container of homemade beer or wine that is served in accordance with division (E) of section 4301.201 of the Revised Code.
Last updated January 13, 2022 at 12:10 PM
Structure Ohio Revised Code
Chapter 4301 | Liquor Control Law
Section 4301.01 | Liquor Control Definitions.
Section 4301.011 | General Assembly Finding - Sole and Exclusive Regulation of Alcohol.
Section 4301.02 | Division of Liquor Control Organization.
Section 4301.021 | Superintendent of Liquor Control Powers.
Section 4301.022 | Liquor Control Commission.
Section 4301.03 | Liquor Control Commission Rules.
Section 4301.04 | Liquor Control Commission Powers.
Section 4301.041 | Minimum Percentage Mark-Up for Sales at Retail of Beer.
Section 4301.042 | Pricing Practices Rules for Beer Sales.
Section 4301.06 | Division of Liquor Control Publications and Hearings.
Section 4301.07 | Liquor Control Commission Members.
Section 4301.08 | Bond of Liquor Control Commission, Superintendent, Employees.
Section 4301.10 | Division of Liquor Control Powers and Duties.
Section 4301.101 | Superintendent of Liquor Control Rules.
Section 4301.102 | Administration, Collection, and Enforcement of County Sports Facility Liquor Tax.
Section 4301.11 | Leases of State Liquor Stores.
Section 4301.12 | Custody, Safekeeping, and Deposit of Funds.
Section 4301.13 | Rules for Dealing in and Distributing and Selling Bottled Wine.
Section 4301.14 | Rules for Equitable Distribution of Supplies of Spirituous Liquor.
Section 4301.15 | Violating Rules for Equitable Distribution.
Section 4301.16 | Accounting for Moneys Received From the Sale of Liquor.
Section 4301.17 | State Liquor Stores or Agencies.
Section 4301.171 | Tasting Samples of Spirituous Liquor.
Section 4301.172 | Agency Store Hours of Sale.
Section 4301.19 | Sale of Spirituous Liquor by Division of Liquor Control.
Section 4301.20 | Exemptions From Liquor Control Law.
Section 4301.201 | Homemade Beer and Wine.
Section 4301.21 | Rules for Sale of Beer or Intoxicating Liquor for Consumption on the Premises.
Section 4301.23 | Sales of Sacramental Wine for Religious Rites.
Section 4301.24 | Rules for Manufacturers and Wholesale Distributors.
Section 4301.241 | Sales Area or Territory for B-1 Permit Holder to Be Brand Distributor.
Section 4301.242 | Manufacturers and Wholesale Distributors - Permitted Conduct.
Section 4301.243 | Giving Things of Value in Connection With Purchase of Alcoholic Beverage.
Section 4301.244 | Beer Not Intoxicating Liquor.
Section 4301.245 | Use of Social Media for Advertising.
Section 4301.246 | Gifts of Glassware.
Section 4301.25 | Suspension or Revocation of Liquor Permit.
Section 4301.252 | Option of Paying Forfeiture Rather Than Suspending Operations.
Section 4301.253 | Training Program.
Section 4301.26 | No-Fault Cancellation of Permits.
Section 4301.27 | Revoking or Cancelling Permits.
Section 4301.28 | Appeals to Liquor Control Commission.
Section 4301.29 | Seizure of Beer, Intoxicating Liquor or Alcohol.
Section 4301.30 | Deposit and Distribution of Fees.
Section 4301.31 | Jurisdiction - Immunity.
Section 4301.32 | Local Option Privilege.
Section 4301.323 | Conditions for Exercising Privilege of Local Option at a Particular Location.
Section 4301.324 | Local Option - Community Facility.
Section 4301.33 | Local Option Petition.
Section 4301.331 | Local Option - Premises Adjudged a Nuisance.
Section 4301.333 | Local Option Petition Contesting a Particular Location.
Section 4301.334 | Local Option Petition Contesting Community Facility.
Section 4301.34 | Petition Requirements.
Section 4301.35 | Election and Form of Ballots on Four Question Election.
Section 4301.351 | Election and Form of Ballots on Sunday Sales.
Section 4301.352 | Election and Form of Ballots Concerning Particular Permit Premises.
Section 4301.355 | Election and Form of Ballots Contesting a Particular Location.
Section 4301.356 | Election and Form of Ballots Contesting Community Facility.
Section 4301.36 | Effect of Four Question Election.
Section 4301.361 | Effect of Sunday Sales Election.
Section 4301.362 | Effect of Particular Permit Premises Election.
Section 4301.365 | Effect of Election Concerning Particular Location.
Section 4301.366 | Effect of Election Concerning Community Facility.
Section 4301.37 | Local Option Elections Effective for Four Years.
Section 4301.39 | Notification and Results of Local Option Elections.
Section 4301.391 | Operation Inconsistent With Results of Local Option Election.
Section 4301.40 | Local Option Elections Not to Affect or Prohibit Certain Permits.
Section 4301.401 | Permits Issued in Premises Located in Annexed Territory Valid.
Section 4301.404 | Center for Preservation of Wild Animals Exemptions.
Section 4301.41 | Refund of Permit Fee Upon Cancellation.
Section 4301.42 | Tax on Sale of Beer in Sealed Bottles and Cans.
Section 4301.421 | Tax Levies to Finance Sports Facilities.
Section 4301.422 | Retail Sellers Liable for County Tax.
Section 4301.423 | Crediting and Distribution of Tax Receipts.
Section 4301.424 | Tax Levies to Finance Construction or Renovation of Sports Facility.
Section 4301.43 | Tax on Sale and Distribution of Wine and Mixed Beverages.
Section 4301.433 | Out-of State Wine Bottlers to Furnish Invoices.
Section 4301.44 | Tax Commissioner to Administer Liquor Taxes.
Section 4301.441 | Disclosure of Information Provided by Department of Taxation.
Section 4301.45 | Seizure of Beer or Intoxicating Liquors Transported or Possessed Illegally.
Section 4301.46 | Credit of Moneys Received.
Section 4301.47 | Record Retention.
Section 4301.48 | False Entries on Invoices or Containers Prohibited.
Section 4301.49 | Prevention or Hindrance of Inspection.
Section 4301.50 | Distribution or Sale of Beverages Without Tax Prohibited.
Section 4301.52 | Seizure of Wine, Mixed Beverage, or Beer Upon Which Tax Has Not Been Paid.
Section 4301.53 | Search Warrants - Seizure of Property.
Section 4301.54 | Retaliatory Tax on Liquor Products Sold In, Delivered, or Shipped Into Ohio.
Section 4301.57 | Fines and Forfeited Bonds.
Section 4301.58 | Permits Required.
Section 4301.59 | False or Fraudulent Statement in Warehouse Receipts.
Section 4301.60 | Illegal Transportation of Beer, Intoxicating Liquor, or Alcohol Prohibited.
Section 4301.62 | Opened Container of Beer or Intoxicating Liquor Prohibited at Certain Premises.
Section 4301.63 | Purchase of Beer or Intoxicating Liquor by Persons Under Twenty-One Prohibited.
Section 4301.635 | Compliance Check.
Section 4301.637 | Warning Cards as to Underage Persons and Person Carrying Firearms.
Section 4301.638 | Modification on Other Sections Not Intended.
Section 4301.639 | False Identification Accepted in Good Faith.
Section 4301.64 | Prohibition Against Consumption of Beer or Intoxicating Liquor in Motor Vehicle.
Section 4301.65 | Sale, Purchase, or Use of Alcohol Vaporizing Device Prohibited.
Section 4301.66 | Obstructing Inspection or Search of Premises Prohibited.
Section 4301.67 | Illegal Possession of Spirituous or Intoxicating Liquor or Beer Prohibited.
Section 4301.68 | Sale of Liquor in Diluted, Refilled, or Partly Refilled Containers Prohibited.
Section 4301.69 | Underage Persons Offenses Concerning.
Section 4301.70 | Violations Not Otherwise Specified.
Section 4301.71 | Sale of Powdered or Crystalline Alcohol.
Section 4301.72 | Liquor Taxes Are Lien on Property of Permit Holder.
Section 4301.74 | Violation of Nuisance Injunction.
Section 4301.77 | Providing Social Security Numbers.
Section 4301.80 | Community Entertainment District Application.
Section 4301.81 | Application for Revitalization District Designation.
Section 4301.82 | Designated Outdoor Refreshment Areas.
Section 4301.83 | Waiver to Serve Alcohol at Major Event.
Section 4301.991 | Notice of Conviction or Acquittal of Liquor Control Violations.