Bill Text: OH HB351 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: Regarding the criminal liability of an owner or occupant of any public or private place who allows a person under age 21 to remain in or on the place while possessing or consuming beer or intoxicating liquor.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-11-04 - To Criminal Justice [HB351 Detail]
Download: Ohio-2009-HB351-Introduced.html
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Representative Bolon
Cosponsors:
Representatives Williams, S., Phillips, Amstutz, Gardner
| To amend sections 4301.69 and 4301.99 of the Revised | 1 |
| Code regarding the criminal liability of an owner | 2 |
| or occupant of any public or private place who | 3 |
| allows a person under age 21 to remain in or on | 4 |
| the place while possessing or consuming beer or | 5 |
| intoxicating liquor. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 4301.69 and 4301.99 of the Revised | 7 |
| Code be amended to read as follows: | 8 |
| 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 |
| In proceedings before the liquor control commission, no | 17 |
| permit holder, or no employee or agent of a permit holder, charged | 18 |
| with a violation of this division shall be charged, for the same | 19 |
| offense, with a violation of division (A)(1) of section 4301.22 of | 20 |
| the Revised Code. | 21 |
| (B)(1) No person who is the owner or occupant of any public | 22 |
|
or
private place shall | 23 |
|
remain
in or on the place | 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 |
| (3) An owner of a public or private place is not liable for | 42 |
| acts or omissions in violation of this division that are committed | 43 |
| by a lessee of that place, unless the owner authorizes or | 44 |
| acquiesces in the lessee's acts or omissions. | 45 |
| (C) No person shall engage or use accommodations at a hotel, | 46 |
| inn, cabin, campground, or restaurant when the person knows or has | 47 |
| reason to know either of the following: | 48 |
| (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 |
| (2) That a drug of abuse will be consumed on the premises of | 57 |
| the accommodations by any person, except a person who obtained the | 58 |
| drug of abuse pursuant to a prescription issued by a licensed | 59 |
| health professional authorized to prescribe drugs and has the drug | 60 |
| of abuse in the original container in which it was dispensed to | 61 |
| the person. | 62 |
| (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 |
| (2) No underage person shall knowingly engage or attempt to | 72 |
| engage accommodations at any hotel, inn, cabin, or campground by | 73 |
| presenting identification that falsely indicates that the underage | 74 |
| person is twenty-one years of age or older for the purpose of | 75 |
| violating this section. | 76 |
| (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 |
| (F) No parent, spouse who is not an underage person, or legal | 113 |
| guardian of a minor shall knowingly permit the minor to violate | 114 |
| this section or section 4301.63, 4301.633, or 4301.634 of the | 115 |
| Revised Code. | 116 |
| (G) The operator of any hotel, inn, cabin, or campground | 117 |
| shall make the provisions of this section available in writing to | 118 |
| any person engaging or using accommodations at the hotel, inn, | 119 |
| cabin, or campground. | 120 |
| (H) As used in this section: | 121 |
| (1) "Drug of abuse" has the same meaning as in section | 122 |
| 3719.011 of the Revised Code. | 123 |
| (2) "Hotel" has the same meaning as in section 3731.01 of the | 124 |
| Revised Code. | 125 |
| (3) "Licensed health professional authorized to prescribe | 126 |
| drugs" and "prescription" have the same meanings as in section | 127 |
| 4729.01 of the Revised Code. | 128 |
| (4) "Minor" means a person under the age of eighteen years. | 129 |
| (5) "Underage person" means a person under the age of | 130 |
| twenty-one years. | 131 |
| Sec. 4301.99. (A) Whoever violates section 4301.47, 4301.48, | 132 |
| 4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or | 133 |
| division (B) of section 4301.691 of the Revised Code is guilty of | 134 |
| a minor misdemeanor. | 135 |
| (B) Whoever violates section 4301.15, division (A)(2) or (C) | 136 |
| of section 4301.22, division (C), (D), (E), (F), (G), (H), or (I) | 137 |
| of section 4301.631, or section 4301.64 or 4301.67 of the Revised | 138 |
| Code is guilty of a misdemeanor of the fourth degree. | 139 |
| 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 |
| (D) Whoever violates division (B) of section 4301.14, or | 175 |
| division (A)(1) or (3) or (B) of section 4301.22 of the Revised | 176 |
| Code is guilty of a misdemeanor of the third degree. | 177 |
| (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 |
| (G) Whoever violates section 4301.636 of the Revised Code is | 229 |
| guilty of a felony of the fifth degree. | 230 |
| (H) Whoever violates division (A)(1) of section 4301.22 of | 231 |
| the Revised Code is guilty of a misdemeanor, shall be fined not | 232 |
| less than five hundred and not more than one thousand dollars, | 233 |
| and, in addition to the fine, may be imprisoned for a definite | 234 |
| term of not more than sixty days. | 235 |
| (I) Whoever violates division (A) of section 4301.69 or | 236 |
| division (H) of section 4301.691 of the Revised Code is guilty of | 237 |
| a misdemeanor, shall be fined not less than five hundred and not | 238 |
| more than one thousand dollars, and, in addition to the fine, may | 239 |
| be imprisoned for a definite term of not more than six months. | 240 |
| (J) Whoever violates division (B) of section 4301.65 of the | 241 |
| Revised Code is guilty of a misdemeanor of the third degree. For a | 242 |
| second or subsequent violation occurring within a period of five | 243 |
| consecutive years after the first violation, a person is guilty of | 244 |
| a misdemeanor of the first degree. | 245 |
| (K) Whoever violates division (B)(2) of section 4301.69 of | 246 |
| the Revised Code is guilty of a misdemeanor and shall be fined not | 247 |
| less than two hundred fifty and not more than five hundred | 248 |
| dollars. | 249 |
| Section 2. That existing sections 4301.69 and 4301.99 of the | 250 |
| Revised Code are hereby repealed. | 251 |
| 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 |
