22-11 Amend 529.10 Possession, Sale or Consumption on Public Property

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PLACED ON 1ST READING & REFERRED TO THE PUBLIC SAFETY COMMITTEE 5/2/11. SECOND READING 5/16/11.DEFERRED 6/6/11. ORDINANCE N0. 22-11 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it received the affirmative vote of at least five (5) members of Council or otherwise, to take effect and be in force after the earliest period allowed by law, amending Section 529.10, Possession, Sale or Consumption on Public Property, of the Codified Ordinances of the City of Lakewood to allow the possession, sale or consumption of alcoholic beverages on public properly in conjunction with a Special Event Permit issued in accordance with Chapter 557, Parades and Special Events, of the Codified Ordinances, and to include a reference to the sale and consumption of alcohol in accordance with a Conditional Use Permit for Outdoor Dining issued under the authority of LCO Section 1161.03(t). WHEREAS, there are several fund raising events within the City of Lakewood at which alcohol has been served under the laws of the State of Ohio; and WHEREAS, the City is receiving more and more requests for such events to be held on public property; and WHEREAS, allowing the possession, sale and consumption of alcohol on public properly where a special event permit in place allows the City of Lakewood ample opportunity to protect the general safety and welfare of the community while allowing community groups to conduct successful events; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forth in ARTICLE III, SECTONS 10 and 13 of the SECOND AMENDED CHARTER OF THE CITY OF LAKEWOOD, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments in that in order to make the option of alcohol sales during special events held by local community groups available this season. Now Therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 529.10, Possession, Sale or Consumption on Public Property of the Codified Ordinances of the City of Lakewood, currently reading as follows:a 529.10 POSSESSION, SALE OR CONSUMPTION ON PUBLIC PROPERTY. (a) No person shall take any beer or intoxicating liquor into or upon any municipal property, park, public building, bath house, public school property or other place where the public is permitted to assemble. No person shall sell, give away or drink any beer or intoxicating liquor upon any street, avenue, public highway or public grounds within the City. shall be and is hereby amended to read as follows: