For the purpose 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 one-half of 1% alcohol by volume, including, but not limited to, beer, wine and liquor as defined in this section.
APPLICANT. Any person making an application for a license under this chapter.
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.
BANQUET FACILITY. A RESTAURANT as defined in this section, in which the primary purpose of the establishment is to provide room(s), food and beverages for large groups and special events, such as weddings and parties, where a room(s) within the establishment is reserved in advance.
BEER. Malt liquor containing not less than one-half of 1% alcohol by volume nor more than 3.2% alcohol by weight. (This definition includes so-called MALT COOLERS with the alcoholic content limits stated therein.)
BREW-ON-PREMISES STORE. A facility that provides the ingredients and equipment for a customer to use to brew malt liquor (beer) at the store.
BREWER. A person who manufactures malt liquor for sale and is licensed under M.S. § 340A.301, subdivision 6, clause (c), (i), or (j).
CLUB.
(1) An incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which:
(a) Has more than 50 members;
(b) 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
(c) Is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose.
(2) No member, officer, agent or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.
FARM WINERY. A winery operated by the owner of a Minnesota farm and producing table or sparkling wines from grapes, grape juice, other fruit bases or honey with a majority of the ingredients grown or produced in the state.
INTOXICATING LIQUOR and LIQUOR. Ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight.
LICENSE. A document, issued by the city, to an applicant permitting him or her to carry on and transact the business stated therein.
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.
LICENSED PREMISES. The space or structure described in the issued license.
LICENSEE. An applicant who, pursuant to his or her approved application, holds a valid, current, unexpired license from the city for carrying on the business stated therein.
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 beer for sale.
MINOR. Any natural person who has not attained the age of 21 years.
OFF-SALE. The retail sale of beer or liquor in original packages for consumption off or away from the premises where sold.
ON-SALE. The retail sale of beer, wine or liquor, by the glass or by the drink, for consumption on the premises where sold only.
PACKAGE and ORIGINAL PACKAGE. Any container or receptacle holding liquor, wine or beer, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.
RESPONSIBLE BEVERAGE SERVICE TRAINING CENTER. A course dealing with state laws regarding the sale and service of liquor, beer or wine, the course must include an examination that demonstrates that the student has successfully learned the basic facts and information relating to the safe and legal sale and service of liquor, beer or wine.
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 seating capacity for at least 30 guests and banquet facilities.
SALE, SELL and SOLD. All barters and all manners or means of furnishing beer, wine or liquor to persons, including the furnishing in violation or evasion of law.
TRAINING VERIFICATION. The money paid to the city prior to the issuance of and in connection with an application for a liquor or wine license for the sale or service of liquor wine.
WHOLESALER. Any person engaged in the business of selling liquor, wine or beer to retail dealers.
WINE. A beverage made without rectification or fortification by the fermentation of sound ripe grapes, grape juice, other fruits or honey, and also carbonated wine, wine made from condensed grape mush, wine made from other agricultural products, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, containing not less than one-half of 1% nor more than 14% alcohol by volume. (This definition includes so-called WINE COOLERS with the alcoholic content limits stated therein.)
(Prior Code, § 5.01) (Ord. 6, effective 7-3-1981; Ord. 68, effective 1-24-1986; Ord. 167, effective 12-29-1995; Ord. 214, effective 9-27-2001; Ord. 240, effective 7-8-2004; Ord. 338, passed 7-1-2014; Ord. 344, passed 2-9-2016)