The definitions of terms set forth in Idaho Code section 23-902, as it now exists or is hereafter amended, are hereby adopted by the city by reference as if set forth fully herein; (1974 Code § 2-301) and,
For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word “shall” is always mandatory and not merely a directory.
ALCOHOLIC BEVERAGE: | Any beverage containing alcohol that is a product of distillation of any fermented liquor or synthetic ethyl alcohol, including beer, wine, spirits, or any liquid containing alcohol, beer, wine or spirits. |
BEER: | Any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt or other ingredients in drinkable water. |
BEER GARDEN: | A geographically designated or enclosed area surrounded by fencing, with posted signage restricting consumption, approved by the City Council upon recommendation of the Police Chief and Fire Chief, where persons twenty-one (21) years of age or older may consume or possess alcoholic beverages in compliance with the provisions of this chapter and State law. |
BOTTLED BEER: | Beer sold or disposed of while securely, tightly, and adequately sealed in a glass, metal or other container of a capacity not to exceed two (2) gallons. |
CATERING PERMIT: | A permit issued by the City Council to serve and sell alcoholic beverages, which is valid for no more than two (2) consecutive days for parties, or five (5) consecutive days, with an option to request one extension for festivals or conventions. Said permits, however, may be designated for less time, and requests for extension may be denied at the sole and absolute discretion of the City Council. |
CITY COUNCIL: | The City Council of Buhl, Idaho. |
CONVENTION: | A formal meeting of members, representatives, or delegates, including a political party, fraternal society, profession or industry. |
EVENT: | A convention or a party. |
EVENT VENUE: | The physical location where an event occurs. |
FESTIVAL: | A period or program of festive activities, cultural events or entertainment lasting three (3) or more consecutive days. |
FIRE CHIEF: | The Fire Chief of Buhl City, Idaho, or designee. |
FIRE DEPARTMENT: | The Buhl City Fire Department. |
LIQUOR: | All kinds of liquor sold by and in a State liquor store of the State of Idaho. |
OFF PREMISES BEER OR WINE LICENSE: | A license authorizing a person to sell beer or wine at retail for consumption off of the licensed premises. |
ON PREMISES BEER OR WINE LICENSE: | A license to sell beer or wine by the individual glass or opened bottle at retail for consumption on the premises only. |
PARTY: | A social gathering especially for pleasure or amusement and includes, but is not limited to, such social events as weddings, birthdays, and special holiday celebrations to include, but not be limited to, New Year’s celebrations, Super Bowl Sunday, St. Patrick’s Day, the Fourth of July and Labor Day. |
PLACE OF BUSINESS: | The location where business is carried on by the owners or agents of owners and under the control of those owners or agents. |
POLICE CHIEF: | The Chief of Police for Buhl City, Idaho, or designated agent. |
POLICE DEPARTMENT: | The Buhl City Police Department. |
PREMISES: | The business building in or grounds on which the service and sale of any alcoholic beverage is authorized under this chapter and pursuant to Idaho Statute. |
RETAILER: | Any person engaged in the sale or distribution of alcoholic beverages, with the exception of keg beer sold by Idaho State licensed wholesalers. |
SPIRITS: | Any beverage which contains alcohol obtained by distillation mixed with drinkable water or other substances in solution, including, among other things, brandy, rum, whiskey, vodka, and gin. |
STATE: | The State of Idaho. |
WINE: | Any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits (grapes, apples, etc.) or other agricultural products containing sugar (honey, milk, etc.) containing not more than fourteen percent (14%) alcohol by volume. |
(Ord. 1017, 1-9-2023)