For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% alcohol by volume, including but not limited to beer, wine and liquor as defined in this section.
APPLICANT. Any person making an application for a license under this chapter.
APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
BEER. Malt liquor containing not less than 0.5% alcohol by volume nor more than 3.2% alcohol by weight. (This definition includes so-called “malt coolers” with the alcoholic content limits stated in state law.)
BREWER. A person who manufactures beer for sale.
CLUB. An incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement, for the promotion of sports, or a congressionally chartered veterans’ organization, which has more than 50 members; has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; and is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent or employee shall receive any profit from the distribution or sale of beverages to the members of the CLUB or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. The CLUB or congressionally chartered veterans’ organization must have been in existence for at least three years.
COMMISSIONER. The State Commissioner of Public Safety.
EXCLUSIVE LIQUOR STORE. An establishment used exclusively for the sale of liquor except for the incidental sale of ice, tobacco, beer, beverages for mixing with liquor, soft drinks, cork extraction devices and books and videos on the use of alcoholic beverages in the preparation of food, and the establishment may offer recorded or live entertainment. EXCLUSIVE LIQUOR STORE also includes an on-sale or combination on-sale and off-sale liquor establishment which sells food for on-premises consumption when authorized by the city.
HOTEL. An establishment where food and lodging are regularly furnished to transients and which has a dining room serving the general public at tables and having facilities for seating at least 30 guests at one time, and at least ten guest rooms.
LICENSE. A document, issued by the city, to an applicant permitting him or her to carry on and transact the business stated therein.
LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein.
LICENSED PREMISES. The premises described in the issued license.
LICENSEE. An applicant who, pursuant to his or her approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the city for carrying on the business stated therein.
LIQUOR. Ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight. (This definition includes so-called “wine coolers” and “malt coolers” with the alcoholic content limits stated in state law.)
MALT LIQUOR. Any beer, ale or other beverage made from malt by fermentation and containing not less than 0.5% alcohol by volume.
MANUFACTURER. Every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces alcoholic beverages for sale.
MINOR. Any natural person who has not attained the age of 21 years.
OFF-SALE. The sale of alcoholic beverages in original packages for consumption off the licensed premises only.
ON-SALE. The sale of alcoholic beverages for consumption on the licensed premises only.
PACKAGE and ORIGINAL PACKAGE. Any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.
RESTAURANT. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and having seating capacity for at least 30 guests.
SALE, SELL and SOLD. All barters and all manners or means of furnishing alcoholic beverages to persons, including furnishing in violation or evasion of law.
WHOLESALER. Any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse.
WINE. A beverage made without rectification or fortification by the fermentation of sound ripe grapes, grape juice, other fruits or honey, and also carbonated wine, wine made from condensed grape must, wine made from other agricultural products imitation wine, compounds sold as wine, vermouth, cider, perry and sake, containing not less than 0.5% nor more than 14% alcohol by volume. (This definition includes so-called “wine coolers” with the alcoholic content limits stated in state law.)
(1989 Code, § 5.01) (Ord. 29, 2nd Ser., eff. 5-14-1999)