Ohio § 4301.69

§ 4301.69.

(A) Except as otherwise provided in this chapter, 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 the physician's 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 division shall be charged,

for the same offense, with a violation of division (A)(1) of section 4301.22 of the Revised Code . (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 the person 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 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) 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. (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 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) 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)(1) 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 division (E)(1) of this section 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. (2)(a) If a person is charged with violating division (E)(1) of this section in a complaint

filed under section 2151.27 of the Revised Code , 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 division (E)(2)(a)

of this section if the child previously has been diverted pursuant to division (E)(2)(a)

of this section.  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 sections 2151.356 to 2151.358 of the Revised Code .  If the child fails to satisfactorily complete the diversion program, the court shall

proceed with the complaint. (b) If a person is charged in a criminal complaint with violating division (E)(1) of

this section, section 2935.36 of the Revised Code 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 division (E)(2)(a)

or (b) 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 section 2953.33 of the Revised Code .  If the person fails to satisfactorily complete the diversion program, the court

shall proceed with the complaint. (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 4301.63 , 4301.633 , or 4301.634 of the Revised Code . (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) “Licensed health professional authorized to prescribe drugs” and “prescription” have

the same meanings as in section 4729.01 of the Revised Code . (4) “ Minor ” means a person under the age of eighteen years. (5) “ Underage person ” means a person under the age of twenty-one years.