General Ohio University Discussion/Alumni Events Topic
Topic: Athens Restaurants Help
Page: 1 of 1
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Valley Cat
3/26/2015 10:42 AM
I need a decent place to do dinner next Friday night in Athens with Mrs. Valley Cat. The one prerequisite is that it has to be lent safe. Suggestions are welcome.
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Joe McKinley
3/26/2015 11:55 AM
I met a college buddy for dinner prior to the men's basketball game vs. M#$%i. He recently joined the faculty and is a vegan. We went to Thai Paradise on West Union. All four of us ordered meals sans meat - one shrimp and three tofu. The vegetables were crisp and prepared well. We'll all go back.
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Alan Swank
3/26/2015 4:42 PM
Salaam, Casa, Purple Chopstix would also meet your needs. The first two have wine, beer and drinks, the last one is a BYOB place if drinks with dinner are required.
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RSBobcat
3/27/2015 12:53 AM
Alan Swank wrote:expand_more
the last one is a BYOB place if drinks with dinner are required.
Can't believe how long they have got away with that! Risky business.
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oldkatz
3/27/2015 8:44 AM
Sol is also an option, as well as Zoe and Lui Lui.
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oucs 1986
4/6/2015 8:59 PM
RSBobcat wrote:expand_more
the last one is a BYOB place if drinks with dinner are required.
Can't believe how long they have got away with that! Risky business.
Why's that risky?

They're not serving it to you, or providing it.

I think the license covers serving and providing, not consumption.

-john
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ts1227
4/6/2015 10:09 PM
oucs 1986 wrote:expand_more
the last one is a BYOB place if drinks with dinner are required.
Can't believe how long they have got away with that! Risky business.
Why's that risky?

They're not serving it to you, or providing it.

I think the license covers serving and providing, not consumption.

-john
ORC 4301.58(C) is what is usually cited on this one, though the wording isn't crystal clear

(C) No person, personally or by the person’s clerk, agent, or employee, who is the holder of a permit issued by the division, shall sell, keep, or possess for sale any intoxicating liquor not purchased from the division or from the holder of a permit issued by the division authorizing the sale of such intoxicating liquor unless the same has been purchased with the special consent of the division. The division shall revoke the permit of any person convicted of a violation of division (C) of this section.

Here's an article where an attorney talks about it
http://www.clevescene.com/cleveland/bringing-your-own-bev...
Last Edited: 4/6/2015 10:11:02 PM by ts1227
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OhioCatFan
4/7/2015 10:58 AM
Interesting article. I thought it was legal, too. We go to Purple Chopsticks on a fairly frequent basis. Didn't realize they were scofflaws. ;-)

This reminds me of another twist in Ohio liquor law, or maybe a twisted interpretation of same. We make an almost annual pilgrimage to Put-in-Bay. The hotel we stay in there has signs all over that say you can't bring your own booze into your room since they have their own liquor license. They claim that this is a requirement of Ohio law for liquor permit holders. A friend of mine, who is an attorney but not a specialist in liquor law, did a quick read of the relevant sections of the Revised Code and came away with the impression that their interpretation was "permissive" but not "required." He also was not sure that they could apply this permissive interpretation to a hotel room, as he thought it was meant to apply to a bar or restaurant establishment. At this point he mumbled something about contract law and the implied contract between a hotel owner and one who rented a room. The whole thing left me completely confused. Any BA legal eagles like to weight in on this question?
Last Edited: 4/7/2015 10:59:53 AM by OhioCatFan
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The Optimist
4/7/2015 2:03 PM
If anyone actually feared Ohio law, Court Street as we know it would not exist today.
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Alan Swank
4/7/2015 4:29 PM
ts1227 wrote:expand_more
[QUOTE=Alan Swank] the last one is a BYOB place if drinks with dinner are required.
Can't believe how long they have got away with that! Risky business.
Why's that risky?

They're not serving it to you, or providing it.

I think the license covers serving and providing, not consumption.

-john
ORC 4301.58(C) is what is usually cited on this one, though the wording isn't crystal clear

(C) No person, personally or by the person’s clerk, agent, or employee, who is the holder of a permit issued by the division, shall sell, keep, or possess for sale any intoxicating liquor not purchased from the division or from the holder of a permit issued by the division authorizing the sale of such intoxicating liquor unless the same has been purchased with the special consent of the division. The division shall revoke the permit of any person convicted of a violation of division (C) of this section.

Here's an article where an attorney talks about it
http://www.clevescene.com/cleveland/bringing-your-own-bev...]

The way I read this is that it only pertains to current permit holders. If you don't have a permit, it doesn't address whether a person can or can not consume liquor in you establishment. As far as corkage goes, that normally only applies to those who carry wine into a restaurant that serves wine. In that case in Ohio, this provision clearly prohibits that practice.
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OhioCatFan
4/7/2015 6:20 PM
Read the article, Alan. The booze law expert says that you can't find this prohibition in any one law or court ruling but if you put them all together that it's clearly a violation of Ohio law. It's this kind of fuzziness that keeps lawyers in business. The article also quotes folks in liquor control saying they do go after these violations but usually only if there is a complaint, frequently from a competitor who does have a liquor license.
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Alan Swank
4/7/2015 8:02 PM
OhioCatFan wrote:expand_more
Read the article, Alan. The booze law expert says that you can't find this prohibition in any one law or court ruling but if you put them all together that it's clearly a violation of Ohio law. It's this kind of fuzziness that keeps lawyers in business. The article also quotes folks in liquor control saying they do go after these violations but usually only if there is a complaint, frequently from a competitor who does have a liquor license.
I read the article and until someone can post an ORC citation that indicates otherwise, I stand by my original statements. Heck , Pat Kelly's attorney argued he was innocent.
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OhioCatFan
4/7/2015 9:16 PM
Alan Swank wrote:expand_more
Read the article, Alan. The booze law expert says that you can't find this prohibition in any one law or court ruling but if you put them all together that it's clearly a violation of Ohio law. It's this kind of fuzziness that keeps lawyers in business. The article also quotes folks in liquor control saying they do go after these violations but usually only if there is a complaint, frequently from a competitor who does have a liquor license.
I read the article and until someone can post an ORC citation that indicates otherwise, I stand by my original statements. Heck , Pat Kelly's attorney argued he was innocent.
No offense, Alan, but I think the guy quoted in this article is a better attorney than you are. ;-) I'll take his word for it.
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Alan Swank
4/8/2015 7:40 AM
OhioCatFan wrote:expand_more
Read the article, Alan. The booze law expert says that you can't find this prohibition in any one law or court ruling but if you put them all together that it's clearly a violation of Ohio law. It's this kind of fuzziness that keeps lawyers in business. The article also quotes folks in liquor control saying they do go after these violations but usually only if there is a complaint, frequently from a competitor who does have a liquor license.
I read the article and until someone can post an ORC citation that indicates otherwise, I stand by my original statements. Heck , Pat Kelly's attorney argued he was innocent.
No offense, Alan, but I think the guy quoted in this article is a better attorney than you are. ;-) I'll take his word for it.
After further research it seems that you can be charged with open container.
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RSBobcat
4/12/2015 7:11 PM
Alan Swank wrote:expand_more
Read the article, Alan. The booze law expert says that you can't find this prohibition in any one law or court ruling but if you put them all together that it's clearly a violation of Ohio law. It's this kind of fuzziness that keeps lawyers in business. The article also quotes folks in liquor control saying they do go after these violations but usually only if there is a complaint, frequently from a competitor who does have a liquor license.
I read the article and until someone can post an ORC citation that indicates otherwise, I stand by my original statements. Heck , Pat Kelly's attorney argued he was innocent.
No offense, Alan, but I think the guy quoted in this article is a better attorney than you are. ;-) I'll take his word for it.
After further research it seems that you can be charged with open container.
Owner is at risk as well. If I paid for a license that legally allows my patrons to purchase and consume alcohol and my competitor did not - then that is an issue if you ask me. I have been in that exact situation when in the biz in Athens - just did not want to be the whistleblower. Just buy the friggin' license like everybody else.
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