Sec. 4301.69. (A) Except as otherwise provided in this | 9 |
chapter, no person shall sell beer or intoxicating liquor to an | 10 |
underage person, shall buy beer or intoxicating liquor for an | 11 |
underage person, or shall furnish it to an underage person,
unless | 12 |
given by a physician in the regular line of the
physician's | 13 |
practice or given for established religious purposes or unless
the | 14 |
underage person is supervised by a parent, spouse who is not an | 15 |
underage person, or legal guardian. | 16 |
(B)(1) No person who is the owner or occupant of any public | 22 |
or
private place shall knowingly allow any underage
person to | 23 |
remain
in or on the place while possessing or consumingwhen the | 24 |
person who is the owner or occupant knows or should know that beer | 25 |
or
intoxicating liquor is being possessed or consumed by such | 26 |
underage person in or on the place, unless the intoxicating liquor | 27 |
or
beer is
given to the person possessing or consuming it by that | 28 |
person's
parent, spouse who is not an underage person, or legal | 29 |
guardian
and the parent, spouse who is not an underage person, or | 30 |
legal
guardian is present at the time of the person's possession | 31 |
or
consumption of the beer or intoxicating liquor. | 32 |
(2) No person who is the owner or occupant of any public or | 33 |
private place shall recklessly allow any underage person to remain | 34 |
in or on the place while possessing or consuming beer or | 35 |
intoxicating liquor, unless the beer or intoxicating liquor is | 36 |
given to the person possessing or consuming it by that person's | 37 |
parent, spouse who is not an underage person, or legal guardian | 38 |
and the parent, spouse who is not an underage person, or legal | 39 |
guardian is present at the time of the person's possession or | 40 |
consumption of the beer or intoxicating liquor. | 41 |
(1) That beer or intoxicating liquor will be consumed by
an | 49 |
underage person on the premises of the accommodations that the | 50 |
person engages or uses, unless the person engaging or using the | 51 |
accommodations is the spouse of the underage person and is
not
an | 52 |
underage person, or is the parent or legal
guardian of all of
the | 53 |
underage persons, who consume beer or
intoxicating liquor on
the | 54 |
premises and that person is on the
premises at all times when
beer | 55 |
or intoxicating liquor is being
consumed by an underage
person; | 56 |
(D)(1) No person is required to permit the engagement of | 63 |
accommodations at any hotel, inn, cabin, or campground by an | 64 |
underage person or for an underage person, if the person engaging | 65 |
the accommodations knows or has reason to know that the underage | 66 |
person is intoxicated, or that the underage person possesses any | 67 |
beer or intoxicating liquor and is not supervised by a parent, | 68 |
spouse who is not an underage person, or legal guardian who is or | 69 |
will be present at all times when the beer or intoxicating liquor | 70 |
is being consumed by the underage person. | 71 |
(E)(1) No underage person shall knowingly
order, pay for, | 77 |
share the cost of, attempt to purchase, possess,
or consume
any | 78 |
beer or intoxicating liquor in any
public or private place. No | 79 |
underage person shall knowingly be under the influence
of any beer | 80 |
or intoxicating liquor in any public place. The
prohibitions set | 81 |
forth in division
(E)(1) of this section against
an underage | 82 |
person knowingly possessing, consuming, or being under
the | 83 |
influence of any beer or intoxicating liquor shall not apply
if | 84 |
the underage person is
supervised
by a parent, spouse
who is
not | 85 |
an
underage person, or
legal
guardian, or
the beer or
intoxicating | 86 |
liquor is given
by a
physician in the regular line
of
the | 87 |
physician's practice or
given
for established
religious
purposes. | 88 |
(2)(a) If a person is charged with violating division (E)(1) | 89 |
of
this section in a complaint filed under section 2151.27 of the | 90 |
Revised Code, the court may order the child into a diversion | 91 |
program specified by the court and hold the complaint in abeyance | 92 |
pending successful completion of the diversion program. A child
is | 93 |
ineligible to enter into a diversion program under division | 94 |
(E)(2)(a) of this section if the child previously has been | 95 |
diverted pursuant to division (E)(2)(a) of this section. If the | 96 |
child completes the diversion program to the satisfaction of the | 97 |
court, the court shall dismiss the complaint and order the child's | 98 |
record in the case sealed under sections 2151.356 to 2151.358 of | 99 |
the Revised Code. If the child fails to
satisfactorily complete | 100 |
the diversion program, the court shall
proceed with the complaint. | 101 |
(b) If a person is charged in a criminal complaint with | 102 |
violating division (E)(1) of this section, section 2935.36 of the | 103 |
Revised Code shall apply to the offense, except that a person is | 104 |
ineligible for diversion under that section if the person | 105 |
previously has been diverted pursuant to division (E)(2)(a) or (b) | 106 |
of this section. If the person completes the diversion program to | 107 |
the satisfaction of the court, the court shall dismiss the | 108 |
complaint and order the record in the case sealed under section | 109 |
2953.52 of the Revised Code. If the person fails to
satisfactorily | 110 |
complete the diversion program, the court shall
proceed with the | 111 |
complaint. | 112 |
If an offender who violates section 4301.64 of the
Revised | 140 |
Code
was under the age of eighteen years at the time of the | 141 |
offense, the court, in
addition to any other penalties it imposes | 142 |
upon the offender, shall
suspend
the
offender's temporary | 143 |
instruction permit, probationary
driver's license, or
driver's | 144 |
license
for a period of
not less than six months
and not more than | 145 |
one year. If the offender is fifteen years
and six months
of age | 146 |
or older and has not been issued a temporary instruction
permit or | 147 |
probationary driver's license, the offender shall not be
eligible | 148 |
to
be issued such a license or permit for a period of six
months. | 149 |
If the
offender
has not attained the age of fifteen years
and six | 150 |
months, the offender shall
not be eligible to be issued a | 151 |
temporary instruction permit until the offender
attains the age of | 152 |
sixteen years. | 153 |
(C) Whoever violates division (D) of section 4301.21, | 154 |
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.633,
4301.66, | 155 |
4301.68, or 4301.74, division (B)(1), (C), (D), (E)(1), or (F)
of | 156 |
section 4301.69, or division (C), (D),
(E),
(F), (G), or (I) of | 157 |
section 4301.691 of the Revised Code is
guilty
of a misdemeanor of | 158 |
the first degree. | 159 |
If an offender who violates
division (E)(1) of section | 160 |
4301.69 of the
Revised
Code was under the age of eighteen years at | 161 |
the time
of the
offense and the offense
occurred while the | 162 |
offender was the
operator of or a passenger in a motor
vehicle, | 163 |
the court, in
addition to any other penalties it imposes upon the | 164 |
offender,
shall
suspend
the
offender's
temporary instruction | 165 |
permit or
probationary driver's license for
a period of
not less | 166 |
than six
months
and not more than one year.
If the offender is | 167 |
fifteen
years and six months of age or older and has not been | 168 |
issued a
temporary
instruction permit or probationary driver's | 169 |
license,
the
offender shall not be eligible to be issued such a | 170 |
license or
permit
for
a period of six months. If the offender has | 171 |
not
attained the age of fifteen
years and six months, the offender | 172 |
shall not be eligible to be issued a
temporary instruction permit | 173 |
until the offender attains the age of sixteen
years. | 174 |
(E) Whoever violates section 4301.63 or division (B) of | 178 |
section 4301.631 of the Revised Code shall be fined not less than | 179 |
twenty-five nor more than one hundred dollars. The court
imposing | 180 |
a fine for a violation of section 4301.63 or division
(B) of | 181 |
section 4301.631 of the Revised Code may order that the
fine be | 182 |
paid by the performance of public work at a reasonable
hourly rate | 183 |
established by the court. The court shall designate
the time | 184 |
within which the public work shall be completed. | 185 |
(F)(1) Whoever violates section 4301.634 of the Revised
Code | 186 |
is guilty of a misdemeanor of the first degree. If, in
committing | 187 |
a first violation of that section, the offender
presented to the | 188 |
permit holder or the permit holder's
employee or agent a false, | 189 |
fictitious, or altered identification card, a false or fictitious | 190 |
driver's license purportedly issued by any state, or a driver's | 191 |
license issued by any state that has been altered, the offender
is | 192 |
guilty of a misdemeanor of the first degree and shall be fined
not | 193 |
less than two hundred fifty and not more than one thousand | 194 |
dollars, and may be sentenced to a term of imprisonment of not | 195 |
more than six months. | 196 |
(2) On a second violation in which, for the second time,
the | 197 |
offender presented to the permit holder or the permit
holder's | 198 |
employee or
agent a false, fictitious, or altered identification | 199 |
card, a
false or fictitious driver's license purportedly issued by | 200 |
any
state, or a driver's license issued by any state that has
been | 201 |
altered, the offender is guilty of a misdemeanor of the first | 202 |
degree and shall be fined not less than five hundred nor more
than | 203 |
one thousand dollars, and may be sentenced to a term of | 204 |
imprisonment of not more than six months. The court also may
| 205 |
impose a class seven suspension of the offender's
driver's
or | 206 |
commercial driver's license or
permit or nonresident operating | 207 |
privilege
from the range specified
in division (A)(7) of section | 208 |
4510.02 of the Revised
Code. | 209 |
(3) On a third or subsequent violation in which, for the | 210 |
third or subsequent time, the offender presented to the permit | 211 |
holder or the permit holder's employee or agent a false, | 212 |
fictitious, or altered
identification card, a false or fictitious | 213 |
driver's license
purportedly issued by any state, or a driver's | 214 |
license issued by
any state that has been altered, the offender is | 215 |
guilty of a
misdemeanor of the first degree and shall be fined not | 216 |
less than
five hundred nor more than one thousand dollars, and may | 217 |
be
sentenced to a term of imprisonment of not more than six | 218 |
months. The court
also shall
impose a class six
suspension of
the | 219 |
offender's driver's or
commercial driver's
license or permit
or | 220 |
nonresident operating
privilege
from the range
specified in | 221 |
division (A)(6) of section
4510.02 of the Revised
Code, and the | 222 |
court may order
that the suspension or denial
remain
in effect | 223 |
until the offender attains the age of twenty-one
years.
The court | 224 |
also may order the offender to perform a
determinate
number of | 225 |
hours of community service, with the court
determining
the actual | 226 |
number of hours and the nature of the
community service
the | 227 |
offender shall perform. | 228 |
Section 3. Section 4301.69 of the Revised Code is
presented | 252 |
in
this act as a composite of the section as amended by
both Am. | 253 |
Sub. H.B. 137 and Sub. S.B. 131 of
the 126th General
Assembly. | 254 |
The General Assembly, applying the
principle stated in
division | 255 |
(B) of section 1.52 of the Revised
Code that amendments
are to be | 256 |
harmonized if reasonably capable of
simultaneous
operation, finds | 257 |
that the composite is the resulting
version of
the section in | 258 |
effect prior to the effective date of
the section
as presented in | 259 |
this act. | 260 |