Ohio's Open Container Law: Private Businesses And Legal Boundaries

In Ohio, it is illegal to carry an open container of alcohol in public. The law applies to state liquor stores, locations with permits from the division of liquor control, and motor vehicles, whether parked or moving. However, there are exceptions to the rule, including limousines, music festivals, and outdoor performing arts centers. While the open container law in Ohio applies to public spaces, it is unclear if it extends to private businesses. It is important to consult official legal sources or seek legal advice for specific information regarding the application of the law to private businesses in Ohio.

Open containers in limousines

In Ohio, it is generally permitted for passengers in a chauffeured limousine to possess and consume open containers of alcohol. There are, however, specific conditions that must be met for this exception to apply:

• The passenger or a guest of the passenger must have paid a fee for the use of the chauffeured limousine as per a prearranged contract.
• The passenger or guest must be seated in the back of the limousine and not in the front compartment with the driver.
• The limousine must be on a street, highway, or other public or private property open to the public for vehicular travel or parking.

It is important to note that these exceptions do not apply to other types of vehicles, such as personal cars or party buses. The open container laws for Ohio extend to both the driver and passengers of these vehicles, even if the vehicle is stationary and not in motion.

In summary, Ohio's open container laws do allow for open containers in limousines under specific circumstances, namely when a fee has been paid, the passengers are seated in the back, and the limousine is in an area open to the public for vehicular travel or parking.

Open containers in vehicles

In Ohio, it is illegal to have an open container of alcohol in a vehicle, with two exceptions. The law applies to both the driver and the passengers, and the vehicle can be in motion or stationary. If an open container is within arm's reach of either the driver or the passenger, both can be charged with an OVI.

The Ohio Revised Code § 4301.62 states that:

> No person shall have in the person's possession an opened container of beer or intoxicating liquor...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.

The two exceptions to this law are:

• Chauffeured limousines: A passenger of a chauffeured limo can lawfully drink beer or liquor and possess an open container if: the passenger and/or a guest of the passenger has paid a fee pursuant to a prearranged contract, and the passenger doesn't occupy a seat in the front compartment of the limo where the driver is located.
• Opened wine: An opened bottle of wine purchased from an establishment permitted to sell wine is not considered an open container if: the bottle of wine is securely resealed before it is removed from the premises where it was sold, and the bottle of wine is stored in the trunk of the vehicle, or if the vehicle doesn't have a trunk, behind the last upright seats.

Violating the open container law by possessing an open container of beer or liquor is a minor misdemeanour, punishable by a fine of up to $150. However, if the person is consuming alcohol in the vehicle, it is considered a fourth-degree misdemeanour, punishable by a fine of up to $250 and up to 30 days in jail.

Open containers in liquor stores

In Ohio, it is illegal to carry an open container of alcohol in a state liquor store. This is defined as a violation of open container laws, which can be found in Chapter 4301.62 of the Ohio Revised Code.

Open containers of alcohol are, however, permissible in certain circumstances. These include:

• Tastings and samplings
• Convention centres
• Music festivals that last at least three days on a minimum of forty acres of land, subject to the discretion of the permit holder
• Outdoor performing arts centres during an orchestra performance, as long as it is permitted by the venue
• Limousines, as long as the passengers are not seated in the front with the driver

It is important to note that open container laws in Ohio also apply to public spaces and vehicles, whether parked or moving. These laws are in place to restrict public intoxication and the dangerous act of operating a vehicle while intoxicated.

Open containers in public spaces

In Ohio, it is illegal to carry an open container of alcohol in public spaces. This includes streets, highways, parking lots, and other areas where cars are allowed to travel or park. The law applies to both private and public property.

However, there are some exceptions to the rule. Open containers are permitted in certain circumstances, such as:

• On-premises consumption: If the alcohol was legally purchased for consumption on the premises, it is allowed.
• Tastings and samplings: Open containers are allowed during tastings and samplings.
• Convention centers: Open containers are permitted in convention centers.
• Music festivals: Festivals that last at least three days on a minimum of 40 acres of land may allow open containers at the discretion of the permit holder.
• Outdoor performing arts centers: You can possess open or unopened bottles of wine during an orchestra performance if permitted by the venue.
• Limousines: Passengers are allowed to possess an open container as long as they are not seated in the front with the driver.

It is important to note that open container laws do not apply to all types of vehicles. For example, chauffeured limousines and party buses are exempt from the law, as long as the open container is not within arm's reach of the driver. Additionally, opened and resealed bottles of alcohol are allowed in the trunk of a car or behind the upright seats, out of reach of the driver and passengers.

Violating open container laws in Ohio can result in a minor misdemeanor charge, with a fine of up to $150. Consuming alcohol in a motor vehicle is considered a fourth-degree misdemeanor and can lead to a fine of up to $250 and up to 30 days in jail. These violations can have long-lasting consequences, impacting employment, academic, and housing opportunities.

Open containers at music festivals

In Ohio, open containers of alcohol are prohibited in public places, including streets, highways, and other public spaces. However, there are certain exceptions to this rule, and open containers may be permitted in specific circumstances or locations.

Music festivals that meet certain criteria may allow attendees to carry open containers of alcohol. According to the Ohio Revised Code, a music festival refers to a series of outdoor live musical performances lasting at least three consecutive days and occupying an area of at least 40 acres of land.

For a music festival to permit open containers, it must meet the following conditions:

• The festival must be held on the premises of a holder of an F liquor permit.
• The holder of the F liquor permit must grant permission for attendees to possess open containers during the period for which the permit is issued.

It is important to note that the specific regulations and requirements for open containers at music festivals may vary, and it is always advisable to check the rules and guidelines of the festival before attending.

Other Exceptions to the Open Container Law in Ohio

In addition to music festivals, there are several other exceptions to the open container law in Ohio:

• On-Premises Consumption: Open containers are allowed if the alcohol was legally purchased for on-premises consumption.
• Tastings and Samplings: Open containers are permitted during authorized tastings and samplings.
• Convention Centers: Open containers are allowed in convention centers.
• Outdoor Performing Arts Centers: You can possess open or unopened bottles of wine at outdoor performing arts centers during an orchestral performance if permitted by the venue.
• Limousines: Passengers of chauffeured limousines can possess open containers as long as they are not seated in the front compartment with the driver.
• Resealed Wine Bottles: Opened and securely resealed bottles of wine can be transported in vehicles if stored in the trunk or behind the upright seats, out of reach of the driver and passengers.
• Outdoor Refreshment Areas: Designated "outdoor refreshment areas" may allow open containers of alcohol, provided the beverages are purchased within the area and carried in plastic containers.

Frequently asked questions