2006 Ohio Revised Code - 4301.62. Open container law.

§ 4301.62. Open container law.
 

(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) In a state liquor store; 

(2) Except as provided in division (C) 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, 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-7, D-8, E, F, F-2, or F-5 permit; 

(b) Beer, wine, or mixed beverages served for consumption on the premises by the holder of an F-3 permit 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 [4303.20.1] of the Revised Code; 

(d) Beer or intoxicating liquor to be consumed during tastings and samplings approved by rule of the liquor control commission. 

(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 eight hundred acres of land and that is open for performances from the first day of April to the last day of October of each year. 

(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. 
 

HISTORY: 145 v H 281 (Eff 7-2-93); 146 v S 39 (Eff 7-14-95); 146 v S 162 (Eff 7-1-97); 147 v S 85 (Eff 5-15-97); 148 v H 283 (Eff 9-29-99); 148 v S 200 (Eff 9-21-2000); 148 v S 262 (Eff 4-9-2001); 149 v H 371. Eff 10-11-2002; 150 v S 23, § 1, eff. 4-7-04; 151 v S 131, § 1, eff. 9-21-06.
 

Analogous to former RC § 4301.62 (GC § 6064-57; 115 v PtII 118(156), § 57; 116 v. 511(541); 117 v 628(652); Bureau of Code Revision, 10-1-53; 133 v H 150; 136 v H 613; 139 v H 357; 140 v H 502; 140 v H 711; 141 v H 359; 142 v H 562; 143 v S 131; 143 v H 405; 145 v H 152), repealed 145 v H 281, § 2, eff 7-2-93.

 

Effect of Amendments

151 v S 131, effective September 21, 2006, added (C)(3) and (E), and corrected internal references. 

S.B. 23, Acts 2003, effective April 7, 2004, substituted "F-2, or F-5" for "or F-2" in (C)(1)(a); and inserted "or F-6" in (C)(1)(b).