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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 19
2025-2026
Representatives Bird, Williams
Cosponsors: Representatives Brennan,
Fowler Arthur, Hall, T., John, Johnson, King, Ray, Stewart, Thomas,
C.
A
BILL
To
amend section 4301.69 of the Revised Code
to
reduce the mental state, from knowingly to recklessly, that applies
to the prohibition against allowing an underage person to possess or
consume alcohol in a private or public place.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 4301.69 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)
No person who is the owner or occupant of any public or private place
shall
knowingly
recklessly
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 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 2953.33 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.
Section
2.
That
existing section 4301.69 of the Revised Code is hereby repealed.