68-82 Amend 529.02 - Gen Offenses - 19 to drink beer

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ORDINANCE NO. 68-82 BY: Brown, Chinnock, Gallagher, Graham, McBride, Wendling AN EMERGENCY ORDINANCE to amend Section 529.02 of the General Offenses Code of the Codified Ordnances of the City of Lakewood to require persons to be nineteen years rather than eighteen years of age to drink beer. WHEREAS, on April 29, 1982, the Ohio General Assembly adopted Substi- tute House Bill 357 which provided two major changes in Ohio's liquor laws to wit, effective August 19, 1982, the drinking age to purchase and consume beer was raised from 18 to 19 years of age and effective October l, 1982, the distinction between 3.2% beer and high power beer will be eliminated, and WHEREAS, the ordinances of the City should be amended to conform to the state law with the current age limit now in effect so that enforcement may be effected through our municipal ordinances and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public health, safety, and welfare, and for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 529.02 of the General Offenses Code of the Codified Ordinances of the City of Lakewood, now reading as follows: 529.02 SALES TO MINORS; PROHIBITIONS AND MISREPRESENTATIONS. (a) No person shall sell intoxicating liquor to a person under the age of twenty-one years or sell beer to a person under the age of eighteen, or buy intoxicating liquor for, or furnish it to a person under the age of twenty-one years, or buy beer for or furnish it to a person under the age of eighteen, unless given by a physician in the regular line of his practice or by a parent or legal guardian. In proceedings before the Liquor Control Commission no permit holder, his employees or agent charged with a violation of his section shall, for the same offense, be charged with a violation of Ohio R.C. 4301.22(A) (b). No person under the age of twenty-one years shall purchase intoxicating liquor nor shall a person under the age of eighteen years purchase beer. (c) No person under the age of eighteen years shall order, pay for, share the cost of, or attempt to purchase any beer or intoxicating liquor, or consume any beer or intoxicating liquor, either from a sealed or unsealed container or by the glass or by the drink, in any public place except as provided in subsection (a) hereof. (e) No person shall knowingly furnish any false information as to the name, age, or other identification of any person under twenty-one years of age for the purpose of obtaining or with the intent to obtain, beer or intoxicating liquor for a person under eighteen years of age, or intoxicating liquor for a person under twenty-one years of age, by purchase or as a gift. (f) No person under the age of eighteen years shall knowingly show or give false information concerning his name, age, or other identification for the purpose of purchasing or otherwise obtaining beer or intoxicating liquor in any place in this State where beer or intoxicating liquor in any place in this State where beer or intoxicating liquor is sold under a permit issued by the Ohio Department of Liquor Control or sold by such Depart- ment.