Shared Flashcard Set

Details

Unit 2-2I
Liquor Control
11
Law
Professional
10/21/2014

Additional Law Flashcards

 


 

Cards

Term
Rules for Sales of Beer and Intoxicating Liquor Under all Classes of Permits and from State Liquor Stores
Definition
• Division A
o Except as provided below, no beer intoxicating liquor shall be sold to any person under twenty-one years of age
o No low alcohol beverage shall be sold to any person under eighteen years of age
o No intoxicating liquor shall be handled by any person under twenty-one years of age
o Exceptions
 Person eighteen years of age or older, employed by a permit holder, the handler sell beer intoxicating liquor in sealed containers in connection with wholesale or retail sales
 Person in nineteen years of age or older, employed by a permit holder, may handle intoxicating liquor in open containers when acting in the capacity of a server in a hotel, restaurant, club, or nightclub
 Any person employed by permit holder may handle beer intoxicating liquor in sealed container in connection with any manufacturing storing or transportation.
o Person under twenty-one years of age MAY NOT sell inducting liquor across the bar
• Division B
o No permit holder or permit holders agent or employee shall…
o Sell or furnished beer or intoxicating liquor to intoxicated person
• Division C
o no sales of intoxicating liquor shall be made after 2:30 AM on Sundays except under either of the following circumstances
 Intoxicating liquor may be sold on Sunday under authority of a permit that authorizes Sunday sale
 Spirituous liquor may be sold on Sunday by any person awarded an agency contract if municipality passes legislation and contract authorizes the sale spirituous liquor on Sunday
• Division D
o No holder of a permit shall…
o Give away any beer intoxicating liquor of any kind at any time in connection with the permit holder’s business
• Division E
o No retail permit holder shall…
o Display a particular brand of beer and ice cream liquor UNLESS
o That brand is actually available for sale on the premises
• Division F
o No retail permit holder shall…
o Possess on the licensed premises…
o And the barrel or other container from which beer is drawn UNLESS
o There is attached to this picket or dispensing apparatus the name of the manufacturer of the product
• Division G
o No sale of any gift certificate shall…
o Be permitted whereby beer or intoxicating liquor of any kind is to be exchange for the certificate
o Exception- they gift certificate can be exchanged only for food, and beer or intoxicating liquor, for on premises consumption AND the value of the beer or intoxicating liquor for which a certificate can be exchange is not exceed more than 30% of the total value of the gift certificate
o Sale of gift certificates for the purchase of beer, wine, or mixed beverages shall be permitted for the purchase of beer, wine, or mixed beverages for off-premises consumption
(M4 to M3)
Term
Opened Container of Beer or Intoxicating Liquor Prohibited at Certain Premises
Definition
• No person shall have in the person’s possession…
• An open container of beer or intoxicating liquor…
o In an agency store OR
o 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 the parking
o While being in or on a stationary motor vehicle on any street highway or other public property for the purposes of vehicular travel or parking
(MM)
Term
Purchase of Beer or Intoxicating Liquor by Persons Under 21 Prohibited
Definition
• No person under twenty-one years of age shall…
• Purchase beer or intoxicating liquor
(MM)
Term
Purchase or Consumption of Low-Alcohol Beverage by Persons Under 18 Prohibited
Definition
• Division B
o No underage person shall…
o Purchase any low alcohol beverage
• Division C
o No underage person shall…
o Order, pay for, share the cost of, or attempt to purchase any low alcohol beverage
• Division D
o No person shall knowingly…
o Furnish any false information as to the name, age, or other identification of any underage person…
o For the purpose of obtaining or with the intent to obtain any low alcohol beverage for any underage person, by purchase or as a gift
• Division E
o No underage person shall knowingly…
o Show or give false information concerning the person’s name, age, or other identification…
o For the purpose of purchasing or otherwise obtaining any low alcohol beverage in any place in this state
• Division F
o No person shall
o Sell or furnish any low alcohol beverage to, or buy any low alcohol beverage for, any underage person UNLESS
o Given by a physician in the regular line of the physician’s practice OR
o Given for established religious purposes OR
o Unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian.
• Division G
o No person who is the owner or occupant of any public or private place shall knowingly…
o Allow any underage person to remain in or on the place while 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 when the person possesses or consumes the low alcohol beverage
• Division H
o No underage person shall knowingly…
o Possess or consume any low alcohol beverage in any public or private place UNLESS
 Accompanied by a parent, spouse who is not an underage person, or legal guardian, OR
 Unless the low alcohol beverage is given by a physician in the regular line of physicians practice OR
 given for established religious purposes
• Division I
o No parent, spouse who is not an underage person, or a legal guardian of an underage person shall knowingly…
o Permit the underage person to violate RC 4301.631
(M4)
Term
Furnishing False Information to Obtain Beer or Intoxicating Liquor for Person Under 21
Definition
• Except as otherwise provided in RC Chapter 4301, knowingly…
• Furnish any false information as to the name, age, or other identification of…
• Any person who is under twenty-one years of age for…
• The purpose of obtaining or with the intent to obtain beer or intoxicating liquor for…
• A person under twenty-one years of age, by purchase or as a gift
(M1)
Term
Furnishing False Information to Obtain Beer or Intoxicating Liquor by Person Under 21
Definition
• No person under the age of 21 years shall knowingly…
• Show or give false info concerning the person’s name, age, or other ID…
• For the purpose of purchasing or otherwise obtaining beer or intoxicating liquor…
• In any place in this state where beer or intoxicating liquor is sold under a permit issued by DLC or sold by the Division
(M1)
Term
Manufacture, Transfer, Sell, or Distribute False Identification Card or Driver’s License
Definition
• Division A
o No person shall manufacture, transfer, sell, or distribute in any manner…
o Any ID card issued for the purpose of establishing a person’s age…
o That displays the great seal of the state of Ohio, the word “Ohio, “state”, or “official”, or any other designation that represents the card as official ID card of Ohio, except for those pursuant to RC 4507.50
o Either for or without compensation
• Division B
o No person, other than the registrar of motor vehicles or deputy registrar shall…
o Manufacture, transfer, sell, or distribute in any manner…
o Any card that displays the great seal of the state of Ohio, the word “Ohio, “state”, or “official”, or any other designation that represents the card as official ID card of Ohio, except for those pursuant to RC 4507.50
(F5)
Term
Prohibition Against Consumption of Beer or Intoxicating Liquor in Motor Vehicle
Definition
• No person shall…
• Consume any beer or intoxicating liquor…
• In a motor vehicle….
o Except in a chauffeured limo
(M4)
Term
Obstructing Inspection or Search of Premises Prohibited
Definition
• No person shall hinder or obstruct any agent or employee of the DoLC, any enforcement agent of the DoPS, or any officer of law
• From making inspection or search of any place, other than the bona fide private residence, where beer or intoxicating liquor is possessed, sold, or given away
(M1)
Term
Illegal Possession of Spirituous or Intoxicating Liquor or Beer Prohibited
Definition
• No person shall…
• Have in that person’s possession…
• Any spirituous liquor…
• In excess of 1 L…
• In one or more containers…
• Which was not purchased at wholesale or retail from the DoLC or otherwise lawfully acquired OR
• Have any other intoxicating liquor or beer…
• In one or more containers…
• Which was not lawfully acquired
(M4)
Term
Underage Persons Offenses Concerning
Definition
• Division A
o No person shall…
o Sell beer or intoxicating liquor to an underage person OR
o Buy beer or intoxicating liquor for an underage person OR
o Furnish it to an underage person UNLESS
 Given by a physician in the regular line of the physicians practice OR
 Given for established religious purposes OR
 The underage person is supervised by a parent, spouse who is not an underage person, or legal guardian
• Division B
o No person who is the owner or occupant of any public or private place shall knowingly…
o Allow any underage person…
o 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
• Division C
o No person shall…
o Engage or use accommodations at a hotel, inn, cabin, campground, or restaurant WHEN
o The person knows or has reason to know…
 That beer or intoxicating liquor…
• Will be consumed by 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 OR
 That a drug of abuse…
• Will be consumed on the premises of the accommodations by any person…
• EXCEPT a person who obtain 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 that person
• Division D(2)
o No underage person shall knowingly…
o Engage or attempt to engage accommodations at any hotel, inn, cabin, or campground…
o By presenting identification that falsely indicates that the underage person is 21 years of age or older for the purpose of violating RC 4301. 69
• Division E
o No underage person shall knowingly…
o Order, pay for, share the cost of, attempt to purchase, possess, or consume any beer or intoxicating liquor…
o In any public or private place OR
o Be under the influence of any beer or intoxicating liquor…
o In any public place
 Exceptions
 Surpurvised by a parent etc
 Given by a physician etc
 Given for religious purposes
• Division F
o No parent, spouse is not an underage person or legal guardian of a minor shall knowingly…
o Permit the minor to violate RC 4301.63, .633, or .634
(M1)
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