Ohio Admin. Code 4301:1-1-52 - Entertainment - prohibition against improper conduct
(A) Definitions as used is this rule:
(1) "Disorderly activities" are those that
harass, threaten or physically harm another person including threats or other
menacing behavior, fighting, assaults and brawls or any violation as defined by
section 2917.11 of the Revised
Code.
(2) "Nudity" means the
showing of the human male or female genital, pubic area or buttocks with less
than a fully opaque covering; the showing of the female breast with less than a
fully opaque covering of any part of the nipple and/ or areola; the exposure of
any device, costume, or covering which gives the appearance of or simulates the
genitals, pubic hair, natal cleft, perineum anal region or pubic hair region;
or the exposure of any device worn as a cover over the nipples and/or areola of
the female breast, which device simulates and gives the realistic appearance of
the nipples and/or areola.
(B) Prohibited activities; no permit holder,
his agent, or employee shall knowingly or willfully allow in and upon his
licensed permit premises any persons to:
(1)
Engage in any disorderly activities;
(2) Appear in a state of nudity;
(3) Engage in sexual activity as said term is
defined in Chapter 2907. of the Revised Code;
(4) Commit public indecency, as said term is
defined in Chapter 2907. of the Revised Code.
(5) Allow in, upon or about the licensed
permit premises, or engage in or facilitate in, the possession, use,
manufacture, transfer, or sale of any dangerous drug, controlled substance,
narcotic, harmful intoxicant, counterfeit controlled substance, drug, drug
paraphernalia, or drug abuse instrument as said terms are defined in Chapter
2925. of the Revised Code.
(6)
Solicit, possess, buy, sell, use, alter or transfer for value, or allow to be
solicited, possessed, bought, sold, used, altered, or transferred for value
USDA food stamp coupons, electronic benefit transfer (EBT) cards, WIC program
benefit vouchers, or other electronically transmitted benefits, in a manner not
specifically authorized by Chapter 5101. of the Revised Code or Chapter
5101:4-1 of the Administrative Code, or solicit, possess, buy, sell, use,
alter, or transfer any products purchased with USDA food stamp coupons,
"Electronic Benefit Transfer" (EBT) cards, WIC program benefit vouchers, or
other electronically transmitted benefits for the purpose of obtaining cash or
consideration other than eligible food. A conviction or consent decree against
the permit holder, its agent or employee for a violation of any of such acts
constitutes evidence of a violation of this rule.
(7) Obtain or exert control over property or
services of another, with purpose to deprive the owner thereof, without the
consent of the owner or person authorized to consent, or by deception, fraud or
threat. Nor shall any permit holder, his agent, or employee, use the licensed
permit premises to receive, retain, or dispose or property of another, knowing
or having reasonable cause to believe such property has been obtained through
the commission of a theft offense.
(8) The prohibition set forth in paragraph
(B)(2) of this rule shall not apply to any individual exposing a breast in the
process of breast-feeding an infant under two years of age.
(C) No permit holder, his agent,
or employee shall be intoxicated while acting within the scope of employment,
nor shall the permit holder, his agent, or employee knowingly allow another
person who is intoxicated while working in the scope of employment to continue
working in and upon his licensed permit premises while intoxicated.
(D)
No permit holder,
his agent, or employee shall:
(1)
With reckless disregard of the facts, allow the
licensed permit premises or areas in, upon, or about the permit premises to be
used in connection with, or to facilitate, any of the activities dealing with
trafficking in persons defined in and prohibited by division (A) of section
2905.32 of the Revised Code,
or
(2)
Knowingly benefit, financially or by receiving anything
of value, as a result of allowing the licensed permit premises or areas in,
upon, or about the permit premises to be used in connection with, or to
facilitate, any of the activities dealing with trafficking in persons defined
in and prohibited by division (A) of section
2905.32 of the Revised
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 4301.03
Rule Amplifies: 4301.03
Prior Effective Dates: 05/05/1966, 12/10/1998, 12/01/2008, 02/25/2013
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