For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Subd. 1. 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.
Subd. 2. APPLICANT. Any person making an application for a license under this chapter.
Subd. 3. LICENSE. A document, issued by the city, to an applicant permitting him or her to carry on and transact the business stated therein.
Subd. 4. LICENSEE. An applicant, who, pursuant to his or her approved application, holds a valid, current, unexpired license, which has neither been revoked nor suspended, from the city for carrying on the business stated therein.
Subd. 5. 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.
Subd. 6. 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 herein.
Subd. 7. WINE. The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of 1% nor more than 24% alcohol by volume for nonindustrial use.
(Ord. 719, passed 3-20-23)
Subd. 8. 3.2% MALT LIQUOR. Malt liquor containing not less than .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 herein.
(Ord. 133, Second Series, passed 8-2-86)
Subd. 9. OFF-SALE. The retail sale of 3.2% malt liquor or liquor in original packages for consumption off or away from the premises where sold.
Subd. 10. ON-SALE. The retail sale of 3.2% malt liquor, wine or liquor, by the glass or by the drink, for consumption on the premises where sold only.
Subd. 11. SALE, SELL and SOLD. All barters and all manners or means of furnishing 3.2% malt liquor, wine or liquor to persons.
Subd. 12. 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 liquors, wine or 3.2% malt liquor for sale.
Subd. 13. WHOLESALER. Any person engaged in the business of selling liquor, wine or 3.2% malt liquor to retail dealers.
Subd. 14. PACKAGE and ORIGINAL PACKAGE. Any container or receptacle holding liquor, wine or 3.2% malt liquor, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.
Subd. 15. CLUB. Any corporation duly organized under the laws of this state for civic, fraternal, social or business purposes or for intellectual improvement or for the promotion of sports, or a congressionally chartered veterans organization, which shall have more than 50 members, and shall, for more than a year, have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, and whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of reasonable salary or wages as may be fixed and voted each year by the directors or other governing body. The CLUB or congressionally chartered veterans organization must be incorporated and must have been in existence for at least three years.
Subd. 16. RESTAURANT. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity for guests as prescribed by the appropriate license issuing authority.
(Ord. 114, Second Series, passed 5-21-85; Am. Ord. 719, passed 3-20-23)
Subd. 17. HOTEL or MOTEL. Include any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, and which contains not less than 25 guest rooms with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has an integral part thereof a dining room with appropriate facilities for seating not less than 30 guests at one time, where the general public is, in consideration of payment therefor, served with meals at tables.
Subd. 18. EXCLUSIVE LIQUOR STORE. An establishment used exclusively for the sale of liquor, except for the incidental sale of ice, tobacco, 3.2% malt liquor, 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.
(Ord. 194, Second Series, passed 6-22-89)
Subd. 19. Repealed.
(Ord. 133, Second Series, passed 7-21-86)
Subd. 20. ARENA. Any structure commonly used as an indoor sports, convention, or cultural facility, owned by the city.
(Ord. 714, passed 9-19-22)
Subd. 21. ON-SALE LICENSEE. A person, corporation, partnership, unincorporated association or club having an on-sale license for the sale of liquor issued by the city.
Subd. 22. PERMITTEE. Any person or organization permitted to use space in the Arena for the purpose of conducting a convention, banquet, conference, meeting or social affair.
(Ord. 48, Second Series, passed 8-6-82)
Subd. 23. ALCOHOLIC BEVERAGE. Any beverage containing more than .5% alcohol by volume, including, but not limited to 3.2% malt liquor, wine and liquor, as defined in this section.
Subd. 24. COMMISSIONER. The Minnesota Commissioner of Public Safety.
Subd. 25. MALT LIQUOR. Any 3.2% malt liquor, ale or other beverage made from malt by fermentation and containing not less than .5% alcohol by volume.
(Ord. 133, Second Series, passed 8-2-86)
Subd. 26. MINOR. Any natural person who has not attained the age of 21 years.
(Ord. 335, Second Series, passed 1-2-95)
Subd. 27. INTOXICATING LIQUOR/ON-SALE EXCLUSIVE LIQUOR STORE LICENSE. A license authorizing an exclusive liquor store to sell alcoholic beverages at retail to the public for consumption only on the licensed premises, which license is commonly referred to as a STREET BAR LICENSE.
Subd. 28. INTOXICATING LIQUORS/ON-SALE RESTAURANT AND HOTEL LICENSE. A license authorizing a hotel or restaurant to sell alcoholic beverages at retail to the public for consumption only on the licensed premises, which licensed premises must meet the following qualifications; to wit:
A. The premises shall have an on-site food service establishment containing full service kitchen facilities capable of providing food table service to a minimum of 40 customers.
B. The premises shall have table seating available for a minimum of 40 food service customers.
C. The person operating the food establishment shall have obtained a food service license from the city pursuant to § 6.47 of the Austin City Code.
Subd. 29. CLASS I INTOXICATING LIQUOR/ON-SALE RESTAURANT AND HOTEL LICENSE. A license, as defined in § 5.01, Subd. 28, which is located on a premises having an assessed market value of not less than $250,000, as determined by the County Assessor.
Subd. 30. CLASS II INTOXICATING LIQUOR/ON-SALE RESTAURANT AND HOTEL LICENSE. A license, as defined in § 5.01, Subd. 28, which is located on a premises having an assessed market value of not less than $350,000, as determined by the County Assessor.
Subd. 31. CLASS III INTOXICATING LIQUOR/ON-SALE RESTAURANT AND HOTEL LICENSE. A license, as defined in § 5.01, Subd. 28, which is located on a premises having an assessed market value of not less than $450,000, as determined by the County Assessor.
Subd. 32. CLASS IV INTOXICATING LIQUOR/ON-SALE RESTAURANT AND HOTEL LICENSE. A license, as defined in § 5.01, Subd. 28, which is located on a premises having an assessed market value of $450,000, as determined by the County Assessor, and which has a minimum of 100 hotel rooms.
Subd. 33. CLASS IA INTOXICATING LIQUOR/ON-SALE RESTAURANT AND HOTEL LICENSE. A license as defined in § 5.01 Subd. 28, subsections A. through C. which is located on a premises having an assessed marked value of not less than $50,000 as determined by the County Assessor.
Subd. 34. TEMPORARY ON-SALE LICENSES. Temporary on-sale licenses shall be issued in accordance with M.S. §§ 340A.404, Subd. 10 and 340A.410, Subd. 10.
(Ord. 715, passed 2-6-23)
Subd. 35. BREWER. A person who manufactures malt liquor for sale.
Subd. 36. BREW PUB. A restaurant that holds an on-sale intoxicating liquor license in which malt liquor is brewed or manufactured for sale and consumption on tap on the premises where the malt liquor is brewed or for sale and personal consumption of the brewer's premises.
Subd. 37. GROWLER. Malt liquor sold off-sale by a small brewer or brew pub, which has been produced and packaged by the brewer in 64 ounce containers commonly known as growlers or in 170 milliliter bottles.
(`80 Code, § 5.01) (Am. Ord. 443, passed 11-1-99; Am. Ord. 505, passed 3-1-04; Am. Ord. 555, passed 11-5-07; Am. Ord. 641, passed 9-19-16)