Ohio § 4303.188

§ 4303.188.

(A) As used in this section: (1) “ Alcoholic beverage ” means beer, wine, mixed beverages, or spirituous liquor. (2) “ Personal consumer ” means an individual who is at least twenty-one years of age and who intends to use

a purchased alcoholic beverage only for personal consumption and not for resale or

other commercial purposes. (3) “Qualified permit holder” has the same meaning as in section 4301.82 of the Revised Code . (B)(1) Notwithstanding any other provision of law to the contrary and in addition to areas

in which a qualified permit holder is authorized to sell alcoholic beverages under

the qualified permit holder's permit, a qualified permit holder may sell alcoholic

beverages by the individual drink for consumption as follows: (a) In any area of the qualified permit holder's property in which sales are not currently

authorized and that is outdoors, including the qualified permit holder's parking area; (b) In any outdoor area of public property that is immediately adjacent to the qualified

permit holder's premises and that is owned by a municipal corporation or township,

provided that the permit holder obtains written consent in accordance with division

(C) of this section; (c) In any outdoor area of private property that is immediately adjacent to the qualified

permit holder's premises, provided that the permit holder obtains the written consent

of the owner of the private property. (2) If a qualified permit holder sells alcoholic beverages in the outdoor area, the qualified

permit holder shall clearly delineate the area where personal consumers may consume

alcoholic beverages. (C) For purposes of division (B)(1)(b) of this section, a qualified permit holder shall

obtain the written consent of either of the following: (1) If the public property is located in a municipal corporation, the executive officer

of the municipal corporation or the executive officer's designee.  If the executive officer or the executive officer's designee denies consent, the

qualified permit holder may appeal the denial to the legislative authority of the

municipal corporation.  The legislative authority may adopt a resolution requesting the executive officer

to reconsider the executive officer's denial. (2) If the public property is located in the unincorporated area of a township, the legislative

authority of the township by the adoption of a resolution consenting to the sale of

alcoholic beverages in the outdoor area. (D) A qualified permit holder that intends to sell alcoholic beverages by the individual

drink in an outdoor area under division (B)(1) of this section shall notify the division

of liquor control and the investigative unit of the department of public safety of

the area in which the qualified permit holder intends to sell the alcoholic beverages.  The qualified permit holder shall provide the notice not later than ten days prior

to the commencement of such sales. (E) A qualified permit holder or the holder's employee shall deliver each alcoholic beverage

sold to a personal consumer in an outdoor area authorized under this section.