LIQUOR CONTROL

Codified Ordinances of Cleveland pt. SIX, tit. I, ch. 617

in effect

Codified Ordinances of Cleveland § 617.01 Definitions

§ 617.01 Definitions As used in the Codified Ordinances: (a) “Alcohol” means ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. Alcohol does not include denatured alcohol and wood alcohol. (b) “Intoxicating liquor” and “liquor” include all liquids and compounds, other than beer as defined in division (c) of this section containing one-half of one percent (0.5%) or more of alcohol by volume which are fit to use for beverage purposes, from whatever source and by whatever process produced, by whatever name called and whether or not the same are medicated, proprietary or patented. The phrase includes wine as defined in RC 4301.01 even if it contains less than four percent (4%) of alcohol by volume, mixed beverages as defined in RC 4301.01 even if they contain less than four percent (4%) of alcohol by volume, cider, as defined in RC 4301.01, alcohol and all solids and confections which contain any alcohol. (c) “Beer”, “malt liquor” or “malt beverages” includes all brewed or fermented malt products containing one-half of one percent (0.5%) or more of alcohol by volume but not more than six percent (6%) of alcohol by weight. (d) “Person” includes firms and corporations. (e) “Cider” means all liquids fit to use for beverage purposes that contain one-half of one per cent (0.5%) of alcohol by volume, but not more than six per cent (6%) of alcohol by weight that are made through the normal alcoholic fermentation of the juice of sound, ripe apples, including, without limitation, flavored, sparkling, or carbonated cider and cider made from pure condensed apple must. (RC 4301.01; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

Codified Ordinances of Cleveland § 617.02 Sales to and Use by Minors; Securing Public Accommodations

§ 617.02 Sales to and Use by Minors; Securing Public Accommodations (a) Except as otherwise provided in this chapter or RC Chapter 4301, no person shall sell beer or intoxicating liquor to an underage person, or buy beer or intoxicating liquor for, or furnish it to, an underage person, unless given by a physician in the regular line of his or her practice or given for established religious purposes, or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian. In proceedings before the Liquor Control Commission, no permit holder, his or her employee or agent charged with a violation of this division shall, for the same offense, be charged with a violation of division (A)(1) of RC 4301.22. (b) No person who is the owner or occupant of any public or private place shall knowingly allow any underage person to remain in or on the place while possessing or consuming beer or intoxicating liquor, unless the intoxicating liquor or beer is given to the person possessing or consuming it by that person’s parent, spouse who is not an underage person, or legal guardian and the parent, spouse who is not an underage person, or legal guardian is present at the time of the person’s possession or consumption of the beer or intoxicating liquor. An owner of a public or private place is not liable for acts or omissions in violation of this division that are committed by a lessee of that public place, unless the owner authorizes or acquiesces in the lessee’s acts or omissions. (c) No person shall engage or use accommodations at a hotel, inn, cabin, campground or restaurant when he or she knows or has reason to know either of the following: (1) That beer or intoxicating liquor will be consumed by an underage person on the premises of the accommodations that the person engages or uses, unless the person engaging or using the accommodations is the spouse of the underage person and who is not himself or herself an underage person, or is the parent or legal guardian of all of the underage persons, who consume beer or intoxicating liquor on the premises and that person is on the premises at all times when beer or intoxicating liquor is being consumed by an underage person; (2) That a drug of abuse will be consumed on the premises of the accommodations by any person, except a person who obtained the drug of abuse pursuant to a prescription issued by a practitioner and has the drug of abuse in the original container in which it was dispensed to the person. (d) (1) No person is required to permit the engagement of accommodations at any hotel, inn, cabin or campground by an underage person or for an underage person, if the person engaging the accommodations knows or has reason to know that the underage person is intoxicated, or that the underage person possesses any beer or intoxicating liquor and is not accompanied by a parent, spouse who is not an underage person, or legal guardian who is or will be present at all times when the beer or intoxicating liquor is being consumed by the underage person. (2) No underage person shall knowingly engage or attempt to engage accommodations at any hotel, inn, cabin or campground by presenting identification that falsely indicates that he or she is twenty-one (21) years of age or older for the purpose of violating this section. (e) No underage person shall knowingly possess or consume any beer or intoxicating liquor, in any public or private place, unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian, or unless the beer or intoxicating liquor is given by a physician in the regular line of his or her practice or given for established religious purposes. (f) No parent, spouse who is not an underage person, or legal guardian of a minor shall knowingly permit the minor to violate this section or divisions (a) to (d) of Section 617.021. (g) The operator of any hotel, inn, cabin or campground shall make the provisions of this section available in writing to any person engaging or using accommodations at the hotel, inn, cabin or campground. (h) As used in this section: (1) “Drug of abuse” has the same meaning as in RC 3719.011. (2) “Hotel” has the same meaning as in RC 3731.01. (3) “Minor” means a person under the age of eighteen (18) years. (4) “Practitioner” and “prescription” have the same meanings as in RC 3719.01. (5) “Underage person” means a person under the age of twenty-one (21) years. (RC 4301.69) (i) Whoever violates division (b), (c), (d), (e), or (f) of this section is guilty of a misdemeanor of the first degree. Whoever violates division (a) of this section is guilty of a misdemeanor, shall be fined not less than five hundred ($500.00) and not more than one thousand dollars ($1,000.00), and, in addition to the fine, may be imprisoned for a definite term of not more than six (6) months. (RC 4301.99) (j) The provisions of this section relating to the attempted purchase, purchase, sale, possession or consumption of beer apply only to persons who on July 31, 1987, are less than nineteen (19) years of age. (Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

Codified Ordinances of Cleveland § 617.03 Sales to Intoxicated Persons

§ 617.03 Sales to Intoxicated Persons (a) No permit holder and no agent or employee of a permit holder shall sell or furnish beer or intoxicating liquor to an intoxicated person. (b) No intoxicating liquor shall be sold to any individual who habitually drinks intoxicating liquor to excess, or to whom the department has, after investigation, determined to prohibit the sale of such intoxicating liquor, because of cause shown by the husband, wife, father, mother, brother, sister, or other person dependent upon, or in charge of such individual, or by the mayor of any municipal corporation, or a township trustee of any township in which the individual resides. The order of the State Division of Liquor Control in such case shall remain in effect until revoked by the State Division of Liquor Control. (RC 4301.22(B), (C)) (c) Whoever violates this section is guilty of a misdemeanor of the third degree. (RC 4301.99(D); Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)

Codified Ordinances of Cleveland § 617.04 Liquor Consumption in Motor Vehicle

§ 617.04 Liquor Consumption in Motor Vehicle (a) No person shall consume any beer or intoxicating liquor in a motor vehicle. This section does not apply to persons described in division (D) of RC 4301.62. (RC 4301.64) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. (RC 4301.99(B); Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

Codified Ordinances of Cleveland § 617.05 Permit Required

§ 617.05 Permit Required (a) No person by himself or herself or by his or her clerk, agent or employee shall manufacture, manufacture for sale, offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any beer or intoxicating liquor in the City, or transport, import or cause to be transported or imported any beer, intoxicating liquor or alcohol in or into the City for delivery, use or sale, unless such person has fully complied with RC Chapters 4301 and 4303 or is the holder of a permit issued by the Department of Liquor Control and in force at the time. (RC 4303.25) (b) Whoever violates this section is guilty of a misdemeanor of the first degree. (Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 617.06 Printed Warnings to be Posted

§ 617.06 Printed Warnings to be Posted (a) Every place in the City where beer, intoxicating liquor, or any low-alcohol beverage is sold for beverage purposes, either under a permit issued by the Ohio Department of Liquor Control, or by the Ohio Department of Liquor Control shall display at all times, in a prominent place on the premises thereof, a printed card, which shall be furnished by the Department and which shall read substantially as follows: WARNING TO PERSONS UNDER AGE If you are under the age of 21 Under the statutes of the State of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or possess or consume beer or intoxicating liquor, in any public place, or furnish false information as to name, age or other identification, you are subject to a fine of up to one thousand dollars ($1,000.00), or imprisonment up to six (6) months, or both. If you are under the age of 18 Under the statutes of the State of Ohio, if you order, pay for, share the cost of, or attempt to purchase, or possess or consume, any type of beer or wine that contains either no alcohol or less than one-half of one per cent (0.5%) of alcohol by volume in any public place, or furnish false information as to name, age, or other identification, you are subject to a fine of up to two hundred fifty dollars ($250.00) or to imprisonment up to thirty (30) days, or both. No person shall be subject to any criminal prosecution or any proceedings before the Department or the Liquor Control Commission for failing to display this card. No permit issued by the Department shall be suspended, revoked or canceled because of the failure of the permit holder to display this card. (b) Every place in the City for which a D permit has been issued under RC Chapter 4303 shall be issued a printed card, that shall be furnished by the Department of Liquor Control that shall read substantially as follows: WARNING If you are carrying a firearm Under the statutes of Ohio, if you possess a firearm in any room in which liquor is being dispensed in premises for which a D permit has been issued under RC Chapter 4303, you may be guilty of a felony and are subject to a term of actual incarceration of one (1) or two (2) years. No person shall be subject to any criminal prosecution or any proceedings before the Department of Liquor Control or the Liquor Control Commission for failing to display this card. No permit issued by the Department shall be suspended, revoked or canceled because of the failure of the permit holder to display this card. (RC 4301.637; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

Codified Ordinances of Cleveland § 617.07 Open Container Prohibited; Exception

§ 617.07 Open Container Prohibited; Exception (a) As used in this section, “street”, “highway”, and “motor vehicle” have the same meanings as in RC 4511.01. (b) No person shall have in his or her possession an opened container of beer or intoxicating liquor in any of the following circumstances: (1) In a state liquor store; (2) On the premises of the holder of any permit issued by the Department of Liquor Control; (3) In any other public place; (4) 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) 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. (6) A. A person may have in the person's possession an opened container of beer or intoxicating liquor at an outdoor location within an outdoor refreshment area created under Chapter 699B if the opened container of beer or intoxicating liquor was purchased from a qualified permit holder to which both of the following apply: 1. The permit holder's premises is located within the outdoor refreshment area. 2. The permit held by the permit holder has an outdoor refreshment area designation. B. Division (b)(6) of this section does not authorize a person to do either of the following: 1. Enter the premises of an establishment within an outdoor refreshment area while possessing an opened container of beer or intoxicating liquor acquired elsewhere; 2. Possess an opened container of beer or intoxicating liquor while being in or on a motor vehicle within an outdoor refreshment area. (c) This section does not apply to beer or intoxicating liquor which has been lawfully purchased for consumption on the premises where bought of a 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-7, E, F, or F-2 permit, or to beer or intoxicating liquor consumed on the premises of a convention facility as provided in RC 4303.201. (d) Whoever violates this section is guilty of a misdemeanor of the fourth degree. (Ord. No. 666-16. Passed 6-6-16, eff. 6-7-16) Statutory reference: Similar state law, see RC 4301.62

Codified Ordinances of Cleveland § 617.08 Hours of Sale or Consumption

§ 617.08 Hours of Sale or Consumption (a) No beer or other malt beverages shall be sold by, delivered by, or be permitted to be consumed on week days upon the premises of a C-1, C-2, D-1, D-2 or D-4 permit holder between the hours of 1:00 a.m. and 5:30 a.m. No wine, prepared highballs, cocktails or other mixed drinks, as defined in the Liquor Control Act, shall be sold, delivered or be permitted to be consumed on week days upon the premises of an A-2, C-2, D-2 or D-4 permit holder between the hours of 1:00 a.m. and 5:30 a.m. No beer or intoxicating liquor shall be sold, delivered or be permitted to be consumed on week days on the premises of a D-3a, D-5, D-5a or A-1-A permit holder between the hours of 2:30 a.m. and 5:30 a.m., and no intoxicating liquor shall be sold, delivered or be permitted to be consumed on week days on the premises of a D-3 permit holder between the hours of 1:00 a.m. and 5:30 a.m. No beer or intoxicating liquor shall be sold, delivered or be permitted to be consumed on week days on the premises of a D-4 permit holder between the hours of 1:00 a.m. and 5:30 a.m. No intoxicating liquor may be sold by, delivered or be permitted to be consumed on the premises of any permit holder during the hours between 1:00 a.m. on Sunday and Sunday midnight, except on the premises of a D-3a, D-5, D-5a or an A-1-A permit. As to holders of these excepted classes, no intoxicating liquor shall be sold or permitted to be consumed after 2:30 a.m. on Sunday. No beer whether by the package or by the glass shall be sold or delivered or be consumed on the premises of a permit holder on Sunday between the hours of 1:00 a.m. and 5:30 a.m. except on the premises of a holder of a D-3a permit who is also the holder of a D-1 permit or the holder of a D-5, D-5a or A-1-A permit. As to these excepted classes neither shall sell, deliver or permit to be consumed on the premises, beer between the hours of 2:30 a.m. and 5:30 a.m. The holder of a D-6 permit may sell or allow the consumption of intoxicating liquors, as authorized by his or her other permits, between the hours of 1:00 p.m. Sunday and Sunday midnight for on the premises consumption only. (b) Whoever violates this section is guilty of a minor misdemeanor. (Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 617.09 Bottle Clubs

§ 617.09 Bottle Clubs (a) No person, club, organization, association or corporation shall: (1) Keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of providing a storage area wherein members, guests or other persons are allowed to keep and maintain for the purpose of consumption therein, beer and intoxicating liquors; (2) Occupy any place, structure, building or conveyance for the purpose of providing a storage area wherein members, guests or other persons are allowed to keep and maintain, for the purpose of consumption therein, beer and intoxicating liquors; (3) Receive, or offer or agree to receive, any person into any place, structure, building or conveyance for the purpose of allowing such person to consume or store liquors or beer therein, or permit any person to remain there for such purpose; (4) Reside in, enter or remain in any place, structure or building, or enter or remain in any conveyance for the purpose of storing or consuming beer or intoxicating liquors therein. (b) This section does not apply to any premises being operated under the authority of a license issued by the Ohio Department of Liquor Control. (c) Whoever violates this section is guilty of unlawful operation or use of a bottle club, a misdemeanor of the third degree. (Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 617.10 Conveying Intoxicating Liquors or Drugs into Hospital

§ 617.10 Conveying Intoxicating Liquors or Drugs into Hospital (a) No person shall convey or attempt to convey into any hospital, sanitarium or other place of confinement for the ill or convalescent, other than a private dwelling, any intoxicating liquor or a stimulating sedative or narcotic medicine such as cocaine, opium, chloral, chloroform or ether, except in accordance with the rules of the institution involved or unless the same is prescribed by a physician in attendance at such institution; nor shall any person admitted as a patient at any such hospital, sanitarium or other place of confinement for the ill or convalescent, other than a private dwelling, have in his or her possession, or attempt to induce others to obtain for him or her, any such liquor or drug unless the same is authorized by a physician in attendance at such institution nor shall any person in the employ of any hospital, sanitarium or other place of confinement for the ill or convalescent, other than a private dwelling, knowingly permit a patient confined therein to receive any such liquor or drug unless the same is prescribed by a physician in attendance at such institution. (b) Whoever violates this section is guilty of conveying intoxicating liquors or drugs into hospitals, a misdemeanor of the first degree. (Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 617.11 Selling or Dispensing Beer or Liquor in Certain Public Premises

§ 617.11 Selling or Dispensing Beer or Liquor in Certain Public Premises (a) No person, group, association, partnership or corporation, for profit or not for profit, shall sell, give or dispense any beer or intoxicating liquor to any person anywhere on or in any part or portion of the premises of the Public Utilities Building at 1201 Lakeside, the 205 St. Clair Building, and the 1825 Lakeside Avenue Building. (b) It shall be the duty of the Director of Public Safety to strictly enforce the provisions of this section. (c) Whoever violates this section is guilty of a minor misdemeanor. (Ord. No. 394-12. Passed 5-21-12, eff. 5-25-12)

Codified Ordinances of Cleveland § 617.12 Consumption of Intoxicating Liquor in Parks and Recreational Facilities

§ 617.12 Consumption of Intoxicating Liquor in Parks and Recreational Facilities (a) Subject to division (b) of this section, no person shall consume any intoxicating liquor, as defined in Section 617.01, upon the grounds of any park, parkway, playground, ballfield, tennis court, skating rink, recreation center or model airplane field which is owned and controlled by the City. (b) When the Director of Parks and Recreation issues a permit pursuant to Section 133.03 to the sponsors of an event or activity, the primary purpose of which is something other than the consumption of intoxicating liquor, division (a) of this section shall not apply to those who participate in said event or activity. (c) Whoever violates the provisions of this section shall be guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars ($500.00) and, sentenced to not less than thirty (30) days’ imprisonment. The minimum fine to be imposed by the court for a violation of the provisions of this section is mandatory. The court shall not suspend all or any portion of said minimum fine; provided that in lieu of all or a portion of the sentence of imprisonment required hereunder, the court may require the offender to perform supervised community service work pursuant to division (H) of RC 2951.02. (Ord. No. 1562-90. Passed 4-8-91, eff. 4-15-91)

Codified Ordinances of Cleveland § 617.021 Purchase, Consumption or Possession by Minor; Misrepresentation

§ 617.021 Purchase, Consumption or Possession by Minor; Misrepresentation (a) Except as otherwise provided in this chapter or RC Chapter 4301, no person under the age of twenty-one (21) years shall purchase beer or intoxicating liquor. (RC 4301.63) (b) Except as otherwise provided in this chapter or RC Chapter 4301, no person shall knowingly furnish any false information as to the name, age or other identification of any person under twenty-one (21) years of age for the purpose of obtaining or with the intent to obtain, beer or intoxicating liquor for a person under twenty-one (21) years of age, by purchase, or as a gift. (RC 4301.633) (c) Except as otherwise provided in this chapter or RC Chapter 4301, no person under the age of twenty-one (21) years shall knowingly show or give false information concerning his or her name, age or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place where beer or intoxicating liquor is sold under a permit issued by the State Division of Liquor Control or sold by the State Division of Liquor Control. (RC 4301.634) (d) (1) Whoever violates any provision of this section for which no other penalty is provided is guilty of a misdemeanor of the first degree. (2) Whoever violates division (a) of this section, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). The court imposing a fine for a violation of division (a) of this section may order that the fine be paid by the performance of public work at a reasonable hourly rate established by the court. The court shall designate the time within which the public work shall be completed. (RC 4301.99(F)) (3) Whoever violates division (c) of this section is guilty of a misdemeanor of the first degree. If, in committing a first violation of that section, the offender presented to the permit holder or the permit holder’s employee or agent a false, fictitious, or altered identification card, a false or fictitious driver’s license purportedly issued by any state, or a driver’s license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than two hundred fifty ($250.00) and not more than one thousand dollars ($1,000.00), and may be sentenced to a term of imprisonment of not more than six (6) months. (4) On a second violation of division (c) of this section or if the offender has violated RC 4301.634 once in the past on a first violation of division (c) of this section in which, for the second time, the offender presented to the permit holder or the permit holder’s employee or agent a false, fictitious, or altered identification card, a false or fictitious driver’s license purportedly issued by any state, or a driver’s license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred ($500.00) nor more than one thousand dollars ($1,000.00), and may be sentenced to a term of imprisonment of not more than six (6) months. The court also may suspend the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege or deny the offender the opportunity to be issued a driver’s or commercial driver’s license for a period not exceeding sixty (60) days. (5) On a third or subsequent violation of division (c) of this section or if the offender has violated RC 4301.634 one (1) or more times in the past, on a first or subsequent violation of division (c) of this section if the total violations of this section and RC 4301.634 is three (3) or more, in which, for the third or subsequent time, the offender presented to the permit holder or the permit holder’s employee or agent a false, fictitious, or altered identification card, a false or fictitious driver’s license purportedly issued by any state, or a driver’s license issued by any state that has been altered, the offender is guilty of a misdemeanor of the first degree and shall be fined not less than five hundred ($500.000) nor more than one thousand dollars ($1,000.00), and may be sentenced to a term of imprisonment of not more than six (6) months. The court also shall suspend the offender’s driver’s or commercial driver’s license or permit or nonresident operating privilege or deny the offender the opportunity to be issued a driver’s or commercial driver’s license for a period of ninety (90) days, and the court may order that the suspension or denial remain in effect until the offender attains the age of twenty-one (21) years. The court also may order the offender to perform a determinate number of hours of community service, with the court determining the actual number of hours and the nature of the community service the offender shall perform. (Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-32800Fetched: 11/1/2026