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H. B. No. 351 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Williams, S., Phillips, Amstutz, Gardner
A BILL
To amend sections 4301.69 and 4301.99 of the Revised
Code 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4301.69 and 4301.99 of the Revised
Code be
amended to read as follows:
Sec. 4301.69. (A) Except as otherwise provided in this
chapter, no person shall sell beer or intoxicating liquor to an
underage person, shall buy beer or intoxicating liquor for an
underage person, or shall furnish it to an underage person,
unless
given by a physician in the regular line of the
physician's
practice or given for established religious purposes or unless
the
underage person is supervised by a parent, spouse who is not an
underage person, or legal guardian.
In proceedings before the liquor control commission, no
permit holder, or no employee or agent of a permit holder,
charged
with a violation of this division shall be charged, for
the same
offense, with a violation of division (A)(1) of section
4301.22 of
the Revised Code.
(B)(1) 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 when the
person who is the owner or occupant knows or should know that beer
or
intoxicating liquor is being possessed or consumed by such
underage person in or on the place, 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.
(2) No person who is the owner or occupant of any public or
private place shall recklessly allow any underage person to remain
in or on the place while possessing or consuming beer or
intoxicating liquor, unless the beer or intoxicating liquor 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.
(3) 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 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 the person
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 is
not
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
licensed
health professional authorized to prescribe
drugs 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 supervised 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 the
underage
person is twenty-one years of age or older for the purpose of
violating
this section.
(E)(1) No underage person shall knowingly
order, pay for,
share the cost of, attempt to purchase, possess,
or consume
any
beer or intoxicating liquor in any
public or private place. No
underage person shall knowingly be under the influence
of any beer
or intoxicating liquor in any public place. The
prohibitions set
forth in division
(E)(1) of this section against
an underage
person knowingly possessing, consuming, or being under
the
influence of any beer or intoxicating liquor shall not apply
if
the underage person is
supervised
by a parent, spouse
who is
not
an
underage person, or
legal
guardian, or
the beer or
intoxicating
liquor is given
by a
physician in the regular line
of
the
physician's practice or
given
for established
religious
purposes.
(2)(a) If a person is charged with violating division (E)(1)
of
this section in a complaint filed under section 2151.27 of the
Revised Code, the court may order the child into a diversion
program specified by the court and hold the complaint in abeyance
pending successful completion of the diversion program. A child
is
ineligible to enter into a diversion program under division
(E)(2)(a) of this section if the child previously has been
diverted pursuant to division (E)(2)(a) of this section. If the
child completes the diversion program to the satisfaction of the
court, the court shall dismiss the complaint and order the child's
record in the case sealed under sections 2151.356 to 2151.358 of
the Revised Code. If the child fails to
satisfactorily complete
the diversion program, the court shall
proceed with the complaint.
(b) If a person is charged in a criminal complaint with
violating division (E)(1) of this section, section 2935.36 of the
Revised Code shall apply to the offense, except that a person is
ineligible for diversion under that section if the person
previously has been diverted pursuant to division (E)(2)(a) or (b)
of this section. If the person completes the diversion program to
the satisfaction of the court, the court shall dismiss the
complaint and order the record in the case sealed under section
2953.52 of the Revised Code. If the person fails to
satisfactorily
complete the diversion program, the court shall
proceed with the
complaint.
(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 section 4301.63,
4301.633, or
4301.634 of
the
Revised Code.
(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 section
3719.011 of the Revised Code.
(2) "Hotel" has the same meaning as in section 3731.01 of
the
Revised Code.
(3) "Licensed health professional authorized to prescribe
drugs"
and
"prescription" have the same meanings as in section
4729.01 of the Revised Code.
(4) "Minor" means a person under the age of eighteen
years.
(5) "Underage person" means a person under the age of
twenty-one years.
Sec. 4301.99. (A) Whoever violates section 4301.47,
4301.48,
4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or
division (B) of section
4301.691 of the Revised Code is guilty of
a minor misdemeanor.
(B) Whoever violates section 4301.15, division (A)(2) or
(C)
of section 4301.22, division (C), (D), (E), (F), (G), (H), or
(I)
of section 4301.631, or section 4301.64 or 4301.67 of the
Revised
Code is guilty of a misdemeanor of the fourth degree.
If an offender who violates section 4301.64 of the
Revised
Code
was under the age of eighteen years at the time of the
offense, the court, in
addition to any other penalties it imposes
upon the offender, shall
suspend
the
offender's temporary
instruction permit, probationary
driver's license, or
driver's
license
for a period of
not less than six months
and not more than
one year. If the offender is fifteen years
and six months
of age
or older and has not been issued a temporary instruction
permit or
probationary driver's license, the offender shall not be
eligible
to
be issued such a license or permit for a period of six
months.
If the
offender
has not attained the age of fifteen years
and six
months, the offender shall
not be eligible to be issued a
temporary instruction permit until the offender
attains the age of
sixteen years.
(C) Whoever violates division (D) of section 4301.21,
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.633,
4301.66,
4301.68, or 4301.74, division (B)(1), (C), (D), (E)(1), or (F)
of
section 4301.69, or division (C), (D),
(E),
(F), (G), or (I) of
section 4301.691 of the Revised Code is
guilty
of a misdemeanor of
the first degree.
If an offender who violates
division (E)(1) of section
4301.69 of the
Revised
Code was under the age of eighteen years at
the time
of the
offense and the offense
occurred while the
offender was the
operator of or a passenger in a motor
vehicle,
the court, in
addition to any other penalties it imposes upon the
offender,
shall
suspend
the
offender's
temporary instruction
permit or
probationary driver's license for
a period of
not less
than six
months
and not more than one year.
If the offender is
fifteen
years and six months of age or older and has not been
issued a
temporary
instruction permit or probationary driver's
license,
the
offender shall not be eligible to be issued such a
license or
permit
for
a period of six months. If the offender has
not
attained the age of fifteen
years and six months, the offender
shall not be eligible to be issued a
temporary instruction permit
until the offender attains the age of sixteen
years.
(D) Whoever violates division (B) of section 4301.14, or
division (A)(1) or (3) or (B) of section 4301.22 of the
Revised
Code is guilty of a misdemeanor of the third degree.
(E) Whoever violates section 4301.63 or division (B) of
section 4301.631 of the Revised Code shall be fined not less than
twenty-five nor more than one hundred dollars. The court
imposing
a fine for a violation of section 4301.63 or division
(B) of
section 4301.631 of the Revised Code 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.
(F)(1) Whoever violates section 4301.634 of the Revised
Code
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 and not more than one thousand
dollars, and may be sentenced to a term of imprisonment of not
more than six months.
(2) On a second violation 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 nor more
than
one thousand dollars, and may be sentenced to a term of
imprisonment of not more than six months. The court also may
impose a class seven suspension of the offender's
driver's
or
commercial driver's license or
permit or nonresident operating
privilege
from the range specified
in division (A)(7) of section
4510.02 of the Revised
Code.
(3) On a third or subsequent violation 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 nor more than one thousand dollars, and may
be
sentenced to a term of imprisonment of not more than six
months. The court
also shall
impose a class six
suspension of
the
offender's driver's or
commercial driver's
license or permit
or
nonresident operating
privilege
from the range
specified in
division (A)(6) of section
4510.02 of the Revised
Code, and the
court may order
that the suspension or denial
remain
in effect
until the offender attains the age of twenty-one
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.
(G) Whoever violates section 4301.636 of the Revised Code is
guilty of a
felony of the fifth degree.
(H) Whoever violates division (A)(1) of section 4301.22 of
the Revised Code is guilty of a misdemeanor, shall be fined not
less than five hundred and not more than one thousand dollars,
and, in addition to the fine, may be imprisoned for a definite
term of not more than sixty days.
(I) Whoever violates division (A) of section 4301.69 or
division (H) of section 4301.691 of the Revised Code is guilty of
a misdemeanor, shall be fined not less than five hundred and not
more than one thousand dollars, and, in addition to the fine, may
be imprisoned for a definite term of not more than six months.
(J) Whoever violates division (B) of section 4301.65 of the
Revised Code is guilty of a misdemeanor of the third degree. For a
second or subsequent violation occurring within a period of five
consecutive years after the first violation, a person is guilty of
a misdemeanor of the first degree.
(K) Whoever violates division (B)(2) of section 4301.69 of
the Revised Code is guilty of a misdemeanor and shall be fined not
less than two hundred fifty and not more than five hundred
dollars.
Section 2. That existing sections 4301.69 and 4301.99 of the
Revised Code
are hereby repealed.
Section 3. Section 4301.69 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. H.B. 137 and Sub. S.B. 131 of
the 126th General
Assembly.
The General Assembly, applying the
principle stated in
division
(B) of section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
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