Sec. 3-1. Definitions.
   For the purpose of this chapter:
   Alcoholic beverage establishment means any business or commercial establishment, whether open to the public at large or entrance is limited by cover charge or membership requirements, including those licensed by the State for sale and or service of alcoholic beverages, which include, but are not limited to, any stand-alone bar, bottle club, hotel, motel, restaurant, night club, country club, cabaret, and meeting facility located in the City of Boynton Beach in which alcoholic beverages, beer or wine are, or are available to be, sold, dispensed, served, consumed, provided, possessed or offered for sale or consumption on the premises.
   Alcoholic beverages means all beverages containing more than one (1) per cent of alcohol by weight.
   State law reference-Similar provisions, F.S. § 561.01(4).
   Beer means all brewed beverages containing malt.
   State law reference-Similar provisions, F.S. § 563.01.
   Beverage law means Florida Statutes, Chapters 561, 562, 563, 564, 565, 567, 568.
   Business establishment includes, but is not limited to, any place of business or any club, organization, person, firm, corporation or partnership, such as: a golf club, country club, veteran’s fraternal or benevolent organization, grocery store, drug store,nightclub, bottle club, cocktail bar, hotel bar, tavern, bona fide restaurant, restaurant bar, grill, filling station, convenience store, package store, or any other building, structure or location or portion thereof, wherein one person directly or indirectly pays another for purchase or dispensing of an alcoholic beverage.
   Commercial establishment parking lot means any private or public area appurtenant to commercial establishments used by the public for parking for, and pedestrian access to, commercial establishments, including drives, parking areas, and sidewalks and walkways appurtenant thereto.
   Conspicuously posted means clearly visible, easily readable and immediately apparent upon viewing.
   Container means any can, bottle, carton, or other vessel of alcoholic beverage.
   Dispense means storing, handling, apportionment, preparation, gift, distribution, or serving, directly or indirectly, of any amount of an alcoholic beverage to or for any person by any officer, owner, operator, lessee, or employee of a business establishment. For purpose of this definition, permitting or allowing any person to carry alcoholic beverages on the premises of any business establishment to be consumed thereon shall constitute the “dispensing” of such beverages.
   Liquor includes “distilled spirits” and shall include all spirituous beverages created by distillation, and by mixture of distilled beverages by what is commonly termed “blending.”
   State law reference-Similar provisions, F.S. § 565.01.
   Minor means any individual under the legal drinking age as set forth in F.S. §§ 562.11 and 562.111, as may be amended or replaced.
   Motor vehicle means any vehicle which is not powered by muscular power.
   Nudity is the exposing to public view of the human male or female genitals, pubic area, cleavage of the human buttocks, or that portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple).
   Partial nudity is the exposing to public view of the human male or female cleavage of the human buttocks or that portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple) with less than a full opaque covering; or the depiction of covered human male genitals in a discernibly turgid state.
   Person means an individual, person, firm, joint venture, partnership, corporation, estate, trust, business trust, syndicate, fiduciary, association, and all other groups or combinations.
   Public or semi-public area open for vehicular travel means all public and private roads, streets, highways, lanes, alleys, parking lots, and parking areas on which the public is expressly or implicitly invited to travel by motor vehicle or which is otherwise open for vehicular travel. It shall not include areas (1) such as golf courses, go-cart tracks, moto-cross tracks, and similar areas; and (2) private driveways or property serving a single dwelling unit.
   Sale means any transfer of an alcoholic beverage for consideration, or any gift of any alcoholic beverage in connection with or as a part of a transfer of any property or product for consideration.
   Vendor of alcoholic beverages means any person who owns or operates a business establishment which sells or dispenses any alcoholic beverages for consumption on or off the premises.
   Wine means all beverages made from fresh fruits, berries or grapes, either by natural fermentation or by fermentation with brandy added, in the manner required by the laws and regulations of the United States, and includes all sparkling wines, champagnes, combination of the aforesaid beverages, vermouths, and like products. Sugar, flavors, and coloring materials may be added to wine to make it conform to the consumer's taste, except that the ultimate flavor or the color of the product may not be altered to imitate a beverage other than wine or to change the character of the wine.
   State law reference-Similar provisions, F.S. § 564.01.
   Vendor means all persons who sell beverages herein referred to at retail. (Code 1958, § 3-1; Ord. No. 86-9, § 1, 5-20-86; Ord. No. 10-030, § 2, 12-7-10; Ord. No. 19-035, § 3, 10-1-19)