§ 13.02  DEFINITIONS.
   For the purposes 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. ALCOHOLIC BEVERAGE includes , , and .
   ALCOHOLIC BEVERAGE TASTING. An event of four hours or less in duration where a pays a fee or donation to participate, and is allowed to consume , , or both, by the glass without paying a separate charge for each glass.
   BREWER. A who manufactures for .
   BREWER TAPROOM.  A who holds a ’s license under M.S § 340A.301, as amended, who is licensed to conduct intoxicating or on the premises of or adjacent to one brewery location owned by the .
   BREWPUB. A who or at a located in the same building where the manufactures the or .
   CLUB. An incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement, or a congressionally chartered veterans' organization, which:
      (1)   Has 50 or more members;
      (2)   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
      (3)   Has a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose and which no member, officer, agent, or employee receives any profit from the distribution or of to the members of the , or their guests, beyond a reasonable salary or fixed wages, and voted each year by the governing body.
   COCKTAIL ROOM. A who is licensed to on the premises of or adjacent to one distillery location owned by the distiller.
   CONTIGUOUS. Touching or connected throughout in an unbroken sequence.
   DINNER THEATER. Any establishment that provides live entertainment in a setting, provides a for at least 75% of those in attendance, and has a seating for at least 300 guests at tables. A performance within the DINNER THEATER may include, but is not limited to, dramatic, musical, dance or literary performances. Movie do not qualify as a under this definition.
   DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of , whiskey, rum, brandy, gin and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use.
   EXCLUSIVE LIQUOR STORE. An establishment used exclusively for the of except for the incidental of ice, tobacco, , beverages for mixing with , soft drinks, cork extraction devices, and books and videos on the use of in the preparation of food.
   FIRE SAFETY PLAN. A site plan of the premises for a special event license or a temporarily expanded area covered by a license, issued under this chapter, that shows all points of entry and exits, the location of all life safety devices, tents, temporary structures, any appurtenant equipment, including propane storage tanks and vaporizer, and the total occupancy limits for the .
   GAMBLING DEVICE. A device that for a consideration affords the player an opportunity to obtain something of value, other than free plays, automatically from the machine or otherwise, the award of which is determined principally by chance. It includes any video game of chance, as defined by M.S. § 609.75, subd. 8, as amended, that is not in compliance with M.S. Ch. 349, as amended.
   HOTEL. An establishment where food and lodging are regularly furnished to transients and that has:
      (1)   A resident proprietor or manager;
      (2)   A dining room serving the general public at tables with seating for at least 30 guests at one time; and
      (3)   At least 50 guest rooms.
   INTEREST. Any pecuniary interest in the ownership, operation, management, or profits of an establishment, including a who receives money from time to time directly or indirectly from a license holder, in the absence of consideration, excluding gifts or donations. INTEREST does not include: (1) bona fide loans, rental agreements, open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures, or supplies to the establishment; and (2) an interest of 5% or less in any corporation or partnership holding a license. In determining whether an INTEREST exists, the transaction must have been bona fide and the reasonable value of the goods and things received as consideration for a payment by the license holder and all other facts reasonably tending to prove or disprove the existence of a purposeful scheme or arrangement to evade the restrictions of this chapter must be considered.
   INTOXICATING LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2% of alcohol by weight.
   ISSUING AUTHORITY. The City of Bloomington Business License Section.
   LICENSED PREMISES. The premises described in the approved license application, provided that the space is compact and . In the case of a licensed for and located on a golf course, LICENSED PREMISES means the entire golf course except for areas where motor vehicles are regularly parked or operated.
   LOBBY. A vestibule or entrance open to the general public that is physically separated and distinct from establishments that are accessible from the vestibule or entrance through doors.
   MALT LIQUOR. Any beer, ale, or other beverage made from malt by fermentation and containing not less than 0.5% alcohol by volume.
   MANUFACTURER. A who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares, or produces for .
   MEAL. Entrees, appetizers, and sandwiches offered on a menu.
   MICRODISTILLERY. A distillery operated within the state producing premium, in total quantity not to exceed 40,000 proof gallons in a calendar year.
   MINOR. Any who has not attained the age of 21. A is not 21 years of age until 8:00 a.m. on the day of that ’s twenty-first birthday.
   NONPROFIT CHARITABLE, RELIGIOUS, OR POLITICAL ORGANIZATIONS. Tax-exempt nonprofit, charitable, and religious organizations pursuant to § 501(c) of the Internal Revenue Code or tax-exempt political organizations under § 527 of the Internal Revenue Code and registered under M.S. § 10A.14, as it may be amended from time to time, and have been in existence for at least three years.
   NONPROFIT THEATER. Any owned or operated by a nonprofit organization, organized under § 501(c) of the Internal Revenue Code, which contains at least 300 seats. The nonprofit organization must emphasize related goals in its mission statement. A NONPROFIT THEATER must also meet the definition of “ ” in this section.
   OFF-SALE. The of in for consumption off the only.
   ON-SALE. sale of for consumption on the only.
   ORIGINAL PACKAGE. The sealed container in which the is placed in by the .
   PARKING, PEDESTRIAN CIRCULATION, AND TRAFFIC DIRECTIONAL PLAN. A drawing of all private and public parking areas available for an event that also shows the planned pedestrian circulation to and from those parking areas to the and also includes a traffic directional plan and the designation and posting of fire egress lanes.
   PERSON. Includes natural persons; a partnership, including a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; a political subdivision of the state; or any other business organization.
   PLACE OF WORSHIP. A building that is principally used as a place where people of the same faith or religion regularly assemble for worship.
   POSSESSION. A has actual possession of an or the consciously exercised dominion and control over the .
   PUBLIC CONCOURSE. A corridor or hallway open to the general public that is physically separate and distinct from the establishments or stores that are accessible from the corridor or hallway through doors.
   RESTAURANT. Any establishment, other than a , under the control of a single proprietor or manager, where are regularly prepared on the premises, has seating for 50 or more guests at one time, and where are served at tables to the general public.
   RETAIL. The of to customers for consumption.
   SALE and SELL. All barters and all manners or means of furnishing .
   SCHOOL. An establishment primarily engaged in providing instructional services to elementary or secondary students with a curriculum that complies with state regulations.
   SECURITY PLAN. Description of the security measures the license applicant will take to monitor and consumption at a special event or temporarily expanded area to ensure compliance with this code and license restrictions.
   THEATER. Any establishment containing an auditorium in which live performances are regularly held for ticket holders and contains at least 300 seats. A performance within the THEATER may include, but is not limited to, dramatic, musical, dance or literary performances. Movie do not qualify as a THEATER under this definition.
   3.2% MALT LIQUOR. Any malt beverage with an alcoholic content of more than 0.5% by volume and not more than 3.2% by weight.
   WHOLESALE. The of to , government entities, or holders of licenses under this chapter or state law.
   WHOLESALER. A who to , government entities, or holders of licenses under this chapter or state law.
   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 0.5% nor more than 24% alcohol by volume for nonindustrial use. WINE does not include as defined herein.
(Ord. 2020-2, passed 2-24-2020; Ord. 2020-21, passed 6-1-2020)