78-82 Amend 529.01, .02 & .07 - Liquor

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ORDINANCE NO. 78-82 BY: Brown, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to amend Sections 529.01, 529.02 and 529.07 of the General Offenses Code of the Codified Ordinances of the City of Lakewood to conform said liquor sections to state law. WHEREAS~ on April 29, 1982, the Ohio General Assembly adopted Substitute 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 1, 1982, the distinction between 3.2% beer and high power beer was eliminated, and WHEREAS, the ordinances of the City of Lakewood should be amended to conform to the state law with regard to age limits and definitions so that en- forcement may be effected through our municipal ordinances, and WHEREAS, in the amendment of Section 529.02 on September 7, 1982, paragraph (d) thereof was inadvertently omitted and said section should be corrected accordingly to include paragraph (d), 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 529.01 of the General Offenses Code of the Codified Ordinances of the City of Lakewood, now reading as follows: 529.01 DEFINITIONS. As used in the Codified Ordinances: (al "Alcohol" means ethyl alcohol, whether rectified or di- uted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. Such term excludes denatured alcohol and wood alcohol. (b) "Intoxicating liquor" and "liquor" include all liquids and compounds containing more than three and two-tenths percent of alcohol by weight which are fit to use for beverage purposes, from whatever source and by whatever process produced, by what- ever name called and whether or not the same are medicated, proprietary or patented. Such phrase includes alcohol and all solids and confections which contain any alcohol. (c) "Beer" includes all malt beverages containing one-half of one percent or more of alcohol by weight but not more than three and two-tenths percent of alcohol by weight. (d) "Person" includes firms and corporations. (ORC 4301.01) is hereby amended to read as follows: 529.01 DEFINITIONS. As used in the Codified Ordinances: (al "AlcOhol" means ethyl alcohol, whether rectified or di- luted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. Such term excludes denatured alcohol and wood alcohol. (b) "Intoxicating liquor" and "liquor" includes all liquids and compounds containing more than six percent of alcohol by weight which are fit to use for beverage purposes, from whatever source and by whatever process produced, by whatever name called and and whether or not the same are medicated, proprietary or patented. Such phrase includes alcohol and all solids and confections which contain any alcohol. (c) "Beer," "Malt Liquor,', or "Malt Beverages" includes all brewed or fermented malt beverages products containing one-half of one percent of alcohol by weight but not more than six percent of alcohol by weight, (d) "Person" includes firms and corporations. (ORC 4301.01)