14-91 Prohhibit sale of gas where liquor is sold

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PLEASE SUBSTITUTE FOR ORDINANCE NO. 14 ...... 91 Placed on FIRST READING & REFERRED to Consumer Protection Cmte & Planning Commission 2/19/91 and Placed on SECOND READING on 3/4/91. ORDINANCE NO. 14-91 BY: Boscia, Gallagher, Gazzana, George, Graham, Roth, Smith AN ORDINANCE to enacting new Section 1119.18 of the Zoning Code of the Codified Ordinances of the City of Lakewood to prohibit the sale of gasoline and/or motor vehicle fuel at premises from which beer, wine or intoxicating liquor is sold or offered for sale at retail. WHEREAS, there is pending before the Ohio General Assembly a Bill to amend the Revised Code to prohibit the issuance or renewal of liquor permits authorizing the sale of beer, wine or mixed beverages at premises where gasoline or other motor vehicle fuel is sold or offered for sale, which this Council has urged the adoption of in Resolution No. 6546-91, and WHEREAS, the sale of intoxicating beverages and motor vehicle fuel at a single location is deemed by this Council to be hazardous to the mOtoring and pedestrian public, contrary to the public safety and unnecessary to the public convenience, and WHEREAS, the Ohio Supreme Court has accepted the case of Westlake vs. Mascot Petroleum Company, Docket No. 90-0190, for review, whic'h is the appeal by our sister city of Westlake, of the Eighth District Court of Appeals decision prohibiting municipalities from limiting the sale of alcoholic beverages from gas stations by use of the zoning power, and WHEREAS, the regulation of the sale of gasoline and motor vehicle fuel by use of the police power through municipal zoning regulations .will further the expressed public policy of this Council to discourage drinking and driving; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That the Zoning Code of the Codified Ordinances of the CitY of Lakewood be supplemented by the enactment of new Section 1119.18 to read as follows: 1119.18 SALE OF GASOLINE AND/OR MOTOR VEHICLE FUEL PROHIBITED FROM PREMISES FROM WHICH BEER, WINE OR INTOXICATING LIQUOR IS SOLD OR OFFERED FOR SALE. (a) No building or lot shall be used for the sale or offer for sale of gasoline and/or motor vehicle fuel at which beer and/or wine and/or intoxicating liquor is sold or offered for sale at retail. (b) Any person, including without limitation the president, chief executive officer responsible officer or other employee of a firm or organization, who is convicted of a violation of this Section shall be guilty of a misdemeanor of the first degree. (c) For the purposes of this Section, each separate calendar day that any violation provision of this Section continues, shall constitute a separate offense. (d) The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or'proceeding in a court of proper jurisdiction to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises, or to require compliance with the provisions of this Section or the orders or determinations of the Building 1