As used in the Codified Ordinances:
(a) "Public official" means any elected or appointed officer, or employee, or agent of the state or any political subdivision thereof, whether in a temporary or permanent capacity, and including without limitation legislators, judges and law enforcement officers.
(b) "Public servant" means any of the following:
(1) Any public official;
(2) Any person performing ad hoc a governmental function, including without limitation a juror, member of a temporary commission, master, arbitrator, advisor or consultant;
(c) (1) "Beer" includes all beverages brewed or fermented wholly or in part from malt products and containing one-half of one percent (0.5%) or more of alcohol by volume. (ORC 4301.01)
(2) Beer, regardless of the percent of alcohol by volume, is not intoxicating liquor for purposes of this chapter. (ORC 4301.244)
(3) A candidate for public office, whether or not he is elected or appointed to the office for which he is a candidate. A person is a candidate for purposes of this subsection if he has been nominated according to law for election or appointment to public office, or if he has filed a petition or petitions as required by law to have his name placed on the ballot in a primary, general or special election, or if he campaigns as a write- in candidate in any primary, general or special election.
(c) (1) "Beer" includes all beverages brewed or fermented wholly or in part from malt products and containing one-half of one percent (0.5%) or more, but not more than twelve percent (12%) of alcohol by volume.
(ORC 4301.01)
(2) Beer, regardless of the percent of alcohol by volume, is not intoxicating liquor for purposes of this chapter. (ORC 4301.244)
(d) "Official proceeding" means any proceeding before a legislative, judicial, administrative or other governmental agency or official authorized to take evidence under oath, and includes any proceeding before a referee, hearing examiner, commissioner, notary or other person taking testimony or a deposition in connection with an official proceeding.
(e) "Detention" means arrest, confinement in any vehicle subsequent to an arrest, confinement in any facility for custody of persons charged with or convicted of a crime or alleged or found to be a delinquent child or unruly child; hospitalization, institutionalization or confinement in any facility that is ordered pursuant to or under the authority of Ohio R.C. 2945.37, 2945.371, 2945.38, 2945.39 or 2945.40; confinement in any vehicle for transportation to or from any such facility, detention for extradition or deportation, or except as provided in this subsection, supervision by any employee of any such facility that is incidental to hospitalization, institutionalization or confinement in the facility but that occurs outside the facility; or supervision by an employee of the Department of Rehabilitation and Correction of a person on any type of release from a state correctional institution other than release on parole or shock probation. For a person confined in a county jail who participates in a county jail industry program pursuant to Ohio R.C. 5147.30, "detention" includes time spent at an assigned work site and going to and from the work site. Detention does not include supervision of probation or parole, or constraint incidental to release on bail.
(f) "Wine" includes all liquids fit to use for beverage purposes containing not less than four percent (4%) of alcohol by volume and not more than twenty-one percent (21%) of alcohol by volume, which is made from the fermented juices of grapes, fruits, or other agricultural products.
(g) "Mixed beverages" such as bottled and prepared cordials, cocktails, and highballs are products obtained by mixing any type of whiskey, neutral spirits, brandy, gin, or other distilled spirits with, or over, carbonated or plain water, pure juices from flowers and plants, and other flavoring materials. The completed product shall contain not less than five percent (5%) of alcohol by volume and not more than twenty-one percent (21%) of alcohol by volume.
(h) "Intoxicating liquor" and "liquor" include all liquids and compounds, other than beer as defined in subsection (c) hereof, containing one half of one percent (0.5%) or more of alcohol by volume which are fit to use for beverage purposes, from whatever source and by whatever process produced, by whatever name called and whether they are medicated, proprietary or patented. Such phrase includes cider and alcohol and all solids and confections which contain one-half of one percent or more of alcohol by volume.
(i) "Sealed container" means any container having a capacity of not more than 128 fluid ounces, the opening of which is closed to prevent the entrance of air.
(j) "Manufacture" includes all processes by which beer or intoxicating liquor is produced, whether by distillation, rectifying, fortifying, blending, fermentation, brewing, or in any other manner.
(k) "Manufacturer" means any person engaged in the business of manufacturing beer or intoxicating liquor.
(l) "Wholesale distributor" and "distributor" means a person engaged in the business of selling to retail dealers for purposes of resale.
(m) "Hotel" has the same meaning set forth in Ohio R.C. 3731.01, subject to the exceptions mentioned in Ohio R.C. 3731.03.
(n) "Restaurant" means a place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place. Such meaning excludes drugstores, confectionery stores, lunch stands, night clubs, and filling stations.
(o) "Club" means a corporation or association of individuals organized in good faith for social, recreational, benevolent, charitable, fraternal, political, patriotic, or athletic purposes, which is the owner, lessor, or occupant of a permanent building or part thereof operated solely for such purposes, membership in which entails the prepayment of regular dues, and includes the place so operated.
(p) "Night club" means a place habitually operated for profit after the hour of midnight, where food is served for consumption on the premises and one or more forms of amusement are provided or permitted for a consideration which may be in the form of a cover charge or may be included in the price of the food and beverages, or both, purchased by the patrons thereof.
(q) "At retail" means for use or consumption by the purchaser and not for sale.
(r) "Drugstore" means an establishment as defined in Ohio R.C. 4729.27 which is under the management or control of a legally registered pharmacist.
(s) "Enclosed shopping center" means a group of retail sales and service business establishments that face into an enclosed mall, share common ingress, egress, and parking facilities, and are situated on a tract of land that contains an area of not less than 500,000 square feet.
(t) Except as used in Ohio R.C. 4301.01 through 4301.52, 4301.56, 4301.70, 4301.72 and 4303.01 through 4303.36, "sale" and "sell" includes exchange, barter, gift, offer for sale, sale, distribution and delivery of any kind and the transfer of title or possession of beer and intoxicating liquor either by constructive or actual delivery by any means or devices whatever. Such terms do not include the mere solicitation of orders for beer or intoxicating liquor from the holders of permits issued by the Department of Liquor Control authorizing the sale of the same, but no solicitor shall solicit any such order until he or she has been registered with the Department pursuant to Ohio R.C. 4303.25.
(u) "Vehicle" includes all means of transportation by land, water, or air and everything made use of in any way for such transportation.
(Ord. 34-88. Passed 4-25-88.)