Ohio § 4301.611
Full text of Ohio Ohio Revised Code § 4301.611, with citation guidance and answers to common questions.
§ 4301.611.
(A) A permit holder or an agent or employee of a permit holder may not be found guilty
of a charge of a violation of this chapter or any rule of the liquor control commission
in which the age of a purchaser of any beer, intoxicating liquor, or low-alcohol beverage
is an element of the alleged violation, if the permit holder, agent, or employee raises
and proves as an affirmative defense that all of the following occurred: (1) The card holder attempting to purchase any beer, intoxicating liquor, or low-alcohol
beverage presented a driver's or commercial driver's license or an identification
card. (2) A transaction scan of the driver's or commercial driver's license or identification
card that the card holder presented indicated that the license or card was valid. (3) The beer, intoxicating liquor, or low-alcohol beverage was sold to the card holder
in reasonable reliance upon the identification presented and the completed transaction
scan. (B) In determining whether a permit holder or an agent or employee of a permit holder
has proven the affirmative defense provided by division (A) of this section, the liquor
control commission or the trier of fact in a court of record shall consider any written
policy that the permit holder has adopted and implemented and that is intended to
prevent violations of division (A)(1) or (2) of section 4301.22 and of sections 4301.63 to 4301.636 , 4301.69 , and 4301.691 of the Revised Code . For purposes of division (A)(3) of this section, the commission or trier of fact
shall consider that reasonable reliance upon the identification presented and the
completed transaction scan may require a permit holder or an agent or employee of
a permit holder to exercise reasonable diligence to determine, and that the use of
a transaction scan device does not excuse a permit holder or an agent or employee
of a permit holder from exercising reasonable diligence to determine, the following: (1) Whether a person to whom the permit holder or agent or employee of a permit holder
sells any beer or intoxicating liquor is twenty-one years of age or older or sells
any low-alcohol beverage is eighteen years of age or older; (2) Whether the description and picture appearing on the driver's or commercial driver's
license or identification card presented by a card holder is that of the card holder. (C) The affirmative defense provided by division (A) of this section is in addition to
the defense provided by section 4301.639 of the Revised Code . (D) In any hearing before the liquor control commission and in any criminal action in
which the affirmative defense provided by division (A) of this section is raised,
the registrar of motor vehicles or a deputy registrar who issued an identification
card under sections 4507.50 to 4507.52 of the Revised Code shall be permitted to submit certified copies of the records of that issuance in
lieu of the testimony of the personnel of or contractors with the bureau of motor
vehicles in the hearing or action.
Frequently Asked Questions About Ohio § 4301.611
What does Ohio Revised Code § 4301.611 cover?
Section 4301.611 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 4301.611?
A common citation format is "Ohio Revised Code § 4301.611" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 4301.611 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.