Unless otherwise specified, the words and phrases herein defined are to be used in this chapter in the sense given them as follows:
ALCOHOL: The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include alcohol or wood alcohol.
ALCOHOLIC LIQUOR: Includes the four (4) varieties of liquor herein defined, "alcohol", "spirits", "wine" and "beer", and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol, nor to any liquid or solid containing one- half of one percent (0.5%), or less, of alcohol by volume. Nor shall the provisions of this chapter apply to flavoring extracts, concentrates, syrups or medicinal, mechanical, scientific, culinary or toilet preparations, or food products unfit for beverage purposes, but the provisions of this chapter shall not be construed to exclude or not apply to alcoholic liquor used in the manufacture, preparation or compounding of such products. None of the provisions of this chapter shall apply to wine intended for use and used by any church or religious organization for sacramental purposes.
BEER: A beverage obtained by alcoholic fermentation of any infusion or concoction of barley, or other grain, malt and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
BOWLING ESTABLISHMENT: Any public place or part thereof, kept, used, maintained, advertised and held out to the public as a place where the game of bowling is played with composition balls and ten (10) wooden pins, and which public place contains a minimum of eight (8) regulation bowling lanes as such lanes are defined, from time to time, by the American bowling congress for the United States.
CLUB: A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; provided, that such club files with the mayor, at the time of its application for a license under this chapter, two (2) copies of a list of names and residences of its members, and similarly files within ten (10) days of the election of any additional member his name and address; and, provided further, that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting, and that no member or any officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members, beyond the amount of salary as may be fixed and voted at any annual meeting by the members or by its board of directors, or other governing body, out of the general revenue of the club.
CLUBHOUSE: Any permanent building or other permanent structure located on a golf course and kept, used or maintained as a pro shop, snack shop, locker room and/or banquet facility. For the purposes of this title, each golf course shall be limited to one clubhouse.
GOLF COURSE: Any area designated for the play of the game of golf, as such game is defined, from time to time, by the United States Golf Association, with said course having a minimum of nine (9) variously distributed holes, including the surrounding grounds. The words "golf course" shall include every permanent building or other permanent structure kept, used or maintained as a clubhouse.
HOTEL: Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty five (25) or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
LICENSEE: Any person, firm or corporation to whom a license shall be issued hereunder.
ORIGINAL PACKAGE: Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room requirements and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.
RETAILER: A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
SALE: Any transfer, exchange or barter in any manner or by means whatsoever for a consideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee, and includes, but is not limited to, all of the following acts when done for consideration:
(A) Selling of alcoholic beverages;
(B) Giving away of alcoholic beverages;
(C) Dispensing of alcoholic beverages;
(D) Providing of mix, ice, water, containers, cups, glasses or soft drinks for the purpose of mixing drinks containing alcoholic beverages for consumption on the premises;
(E) Pouring of alcoholic beverages;
(F) Providing of "setup establishments", as defined in this section;
(G) Storage of any alcoholic beverage.
SELL AT RETAIL AND SALE AT RETAIL: Sales for use or consumption and not for resale in any form.
SETUP ESTABLISHMENT: Any public or private place that:
(A) Does not hold a liquor license pursuant to this chapter but which regularly sells, gives away, provides, pours, stores or otherwise dispenses alcoholic beverages and/or mix, ice, water, containers, cups, glasses and soft drinks for the purpose of consumption of alcoholic beverages on the premises; or
(B) Holds a liquor license and after the hours which it is permitted to be in operation, engages in any of the activities in subsection (A) of this definition.
SPIRITS: Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
TO SELL: To solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
WINE: Any alcohol beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of "alcohol" or "spirits", as herein defined. (1972 Code; amd. Ord. 82-9, 3-15-1983; Ord. 97-01, 5-20-1997; Ord. 97-15, 11-18-1997)