§ 9.06.04. Possession of opened bottle or container of beer or liquor and establishment of glass-free zone.

(A)

No person shall have in his possession an opened bottle, flask, or container containing beer or intoxicating liquor, in a state liquor store, or on the premises of the holder of any permit issued by the department of liquor control, or in a motor vehicle upon the public streets or in any other public place. This section does not apply to beer or intoxicating liquor which has been lawfully purchased for consumption on the premises where bought from a holder of an A-iA, A-2, D-1, D-2, D-3a, D-4, D-4a, D-5, D-Sa, D-5b, D-5c, D-5d, D-Se, D-5f, D-5g, D-5h, D-Si, D-7, E, F, or F-2 permit. This section does not apply to liquor consumed on the premises of a convention facility as provided for in Section 4303.20.1 of the Ohio Revised Code, or in the Athens City Code.

(B)

Glass-free zone. No person shall possess any glass container on city-owned property within a glass-free zone duly established by date, time and geographic boundary. The service-safety director shall temporarily establish, from time to time, such glass-free zones as may be deemed appropriate during special events. For purposes of this chapter, the following words or terms have the meaning set forth below:

(1)

"City-owned property" means real property owned by the City of Athens, including but not limited to, rights-of-way, streets, sidewalks, alleys, parks, parking lots and buildings.

(2)

"Glass container" means a container of any configuration, with a capacity when empty of more than one-half ounce, that is made of glass, crystal, ceramic, or any other material likely to shatter when dropped onto or struck by a harder material.

(3)

"Glass-free zone" means that portion of the city designated as such by the service-safety director for purposes of maintaining public health and safety during special events.

(C)

Whoever violates Section 9.06.04(A) and (B) is guilty of a minor misdemeanor as defined in Section 2929.21 of the Ohio Revised Code. For violations of section (B), law enforcement officers may confiscate and destroy any glass container.

(Ord. No. 0-104-13, § I, 9-16-2013)

Editor's note

Section I of Ord. No. 0-104-13, adopted Sept. 16, 2013, changed the title of § 9.06.04 from "Possession of opened bottle or container of beer or liquor" to "Possession of opened bottle or container of beer or liquor and establishment of glass-free zone."