Columbus City Codes § 2325.01 Definitions.
2325.01 - Definitions.
(A) As used in Title 23 of the Columbus City Codes:
(1) "Intoxicating liquor" and "liquor" include all liquids and compounds, other than beer as defined in subsection (B)(2) of this section containing one-half (½) of one (1) percent 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 the same are medicated, proprietary, or patented. Such phrase includes wine, as defined in subsection (B)(3) of this section even if it contains less than four (4) percent of alcohol by volume, mixed beverages, as defined in subsection (B)(4) of this section even if they contain less than four (4) percent of alcohol by volume, alcohol and all solids and confections which contain any alcohol.
(2) Except as used in Sections 2325.01, 2325.03 and 2325.16 of the Columbus City Codes, "sale" and "sell" include 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, including the sale of beer or intoxicating liquor by means of a controlled access alcohol and beverage cabinet pursuant to Section 2313.02 of the Columbus City Codes. 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 orders until the solicitor has been registered with the department of liquor control pursuant to Section 4303.25 of the Revised Code.
(3) "Vehicle" includes all means of transportation by land, by water, or by air, and everything made use of in any way for such transportation.
(B) As used in Chapter 2325 of the Columbus City Codes:
(1) "Alcohol" means ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. Such term excludes denatured alcohol and wood alcohol.
(2) "Beer," "malt liquor" or "malt beverages" includes all brewed or fermented malt products containing one-half (½) of one (1) percent or more of alcohol by volume but not more than six (6) percent of alcohol by weight.
(3) "Wine" includes all liquids fit to use for beverage purposes containing not less than one half (½) of one (1) percent of alcohol by volume and not more than twenty-one (21) percent of alcohol by volume, which is made from the fermented juices of grapes, fruits, or other agricultural products.
(4) "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 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 one half (½) of one (1) percent of alcohol by volume and not more than twenty (20) percent of alcohol by volume.
(5) "Spirituous liquor" includes all intoxicating liquors containing more than twenty-one (21) percent of alcohol by volume.
(6) "Sealed container" means any container having a capacity of not more than one hundred twenty-eight (128) fluid ounces, the opening of which is closed to prevent the entrance of air.
(7) "Person" includes firms and corporations.
(8) "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.
(9) "Manufacturer" means any person engaged in the business of manufacturing beer of intoxicating liquor.
(10) "Wholesale distributor" and "distributor" means a person engaged in the business of selling to retail dealers for purposes of resale.
(11) "Hotel" has the meaning set forth in Section 3731.01 of the Revised Code, subject to the exceptions mentioned in Section 3731.03 of the Revised Code.
(12) "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.
(13) "Club" means a corporation or association of individuals organized in good faith for social, recreational, benevolent, charitable, , 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.
(14) "Night club" means a place operated for profit where food is served for consumption on the premises and one (1) 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.
(15) "At retail" means for use or consumption by the purchaser and not for resale.
(16) "Drugstore" means an establishment as defined in Section 4729.27 of the Revised Code which is under the management or control of a legally registered pharmacist.
(17) "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 five hundred thousand (500,000) square feet.
(18) "Controlled access alcohol and beverage cabinet" means a closed container, either refrigerated, in whole or in part, or nonrefrigerated, access to the interior of which is restricted by means of a device which requires the use of a key, magnetic card, or similar device and from which beer, intoxicating liquor, other beverages, or food may be sold.
(19) Residence means two (2) or more contiguous election precincts within a county, as described by a petition authorized by Sections 4301.33, 4303.29 or 4305.14 of the Revised Code.
(20) "Convention center" means any convention, sports, or entertainment facility, or any combination of these, with a seating capacity of five thousand (5,000) or more that is used by and accessible to the general public.
(21) Low-alcohol beverage" means either of the following:
(a) Any brewed or fermented malt product, or any product made from the fermented juices of grapes, fruits, or other agricultural products, that contains either no alcohol or less than one-half of one percent of alcohol by volume;
(b) Any beverage that is not a brewed or fermented malt product, or that is not a product made from the fermented juices of grapes, fruits, or other agricultural products, but that is advertised or identified as if it were such by its manufacturer, wholesale distributor, or retailer. The beverages described in division (B)(21)(b) of this section do not include a soft drink such as root beer, birch beer, or ginger beer. (ORC 4301.01)
(22) "Department" means the Ohio Department of Liquor Control.
(23) "Commission" means the Ohio Liquor Control Commission.
(Ord. 2535-94; Ord. No. 2019-2021, § 1, 7-26-2021)
