Ohio Rev. Code » Chapter 4399
Ohio Revised Code

Ohio Rev. Code § 4399.09 (2026)

Keeping place where beer or intoxicating liquors are sold, furnished, or given away in violation of law

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Effective:
October 11, 2002
Latest Legislation:
House Bill 371 - 124th General Assembly
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(A) No person shall keep a place where beer or intoxicating liquors are sold, furnished, or given away in violation of law. The court, on conviction for a subsequent violation of this section, shall order the place where the beer or intoxicating liquor is sold, furnished, or given away to be abated as a nuisance or shall order the person so convicted to give bond payable to the state in the sum of one thousand dollars, with sureties to the acceptance of the court, that the person will not sell, furnish, or give away beer or intoxicating liquor in violation of law and will pay all fines, costs, and damages assessed against the person for that subsequent violation of this section. The giving away of beer or intoxicating liquors, or any other device to evade this division, constitutes unlawful selling.

As used in this division, "beer" has the same meaning as in section 4301.01 of the Revised Code.

(B) Division (A) of this section does not apply to any premises for which a permit has been issued under Chapter 4303. of the Revised Code while that permit is in effect.
Notes of Decisions
Cited in 6 cases, 1955–2014 · leading case: City of Cleveland v. Scott, 457 N.E.2d 351 (Ohio Ct. App. 8th Dist. 1983).
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City of Cleveland v. Scott, 457 N.E.2d 351 (Ohio Ct. App. 8th Dist. 1983). · cites it 10× “58(B) (selling, keeping, or possessing alcohol for sale without permit) and R.C. 4399.09 (keeping a place where liquor is sold in violation of law).”
State v. Parson, 586 N.E.2d 244 (Ohio Ct. App. 8th Dist. 1990). · cites it 3× “Parson was charged by the police with violating R.C. 4399.09 in keeping a place where intoxicating liquors are furnished.”
State v. Williams, 624 N.E.2d 259 (Ohio Ct. App. 10th Dist. 1993). “In Parson , the court cited Gilham and reversed a conviction for possession of criminal tools where the purported criminal tools were a jukebox and a television and the underlying crime was a misdemeanor (keeping a place where beer or intoxicating liquors are furnished, R.C.…”
State v. Boscarino, 2014-Ohio-1270. · cites it 5× “After a bench trial, the trial court also found Boscarino guilty of keeping a place where intoxicating liquors are sold in violation of law, in violation of R.C. 4399.09, an unclassified misdemeanor.”
Am. Legion Clifton Post No. 421 v. Bd. of Liquor Control, 135 N.E.2d 82 (Ohio Ct. App. 1955). · cites it 2× “, and further that on the 19th day of December, 1953, one Don Bement, an agent or employee of the appellant, was convicted in the Police Court of East Cleveland, Ohio, for violation of §4399.09 R. C., and therefore said application for a Class D-4 permit should be rejected.”
City of Columbus v. Webster, 170 Ohio St. (N.S.) 327 (Ohio 1960). · cites it 2× “See Section 4399.09, Revised Code. In the prosecution of a violator of this statute, the state need only prove that the defendant was the keeper of the place, and that intoxicating liquors were unlawfully sold therein.”
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