Unless the context otherwise requires, the words and phrases used in this chapter are defined as follows:
ALCOHOL: The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. The term "alcohol" does not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR: Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and containing an alcohol concentration of five-tenths of one percent (0.5%) or greater, and capable of being consumed as a beverage by a human being.
BEER: A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter and the like.
BOWLING ALLEY: Every establishment or building, or part of an establishment or building, as the case may be, wherein the game of bowling, played with composition balls and ten (10) wooden pins, is played and has a minimum of twenty (20) bowling lanes.
BULK ALCOHOLIC LIQUOR: Includes beer sold in a keg or other container requiring a tapper or other mechanical device for beverage removal and containing two (2) gallons of beer or more, or a quantity in excess of two (2) cases of "beer", as defined in this section, to any one individual at any one time.
CLUB: A corporation organized under the laws of the State, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; provided, that such "club" files with the Local Liquor Control Commissioner at the time of its application for a license under this chapter one copy of a list of names and residences of its members, and similarly files, within ten (10) days of the election of any additional member, his name and address; and provided further, that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting and that no member or any officer, agent, or employee of the club is paid, or directly or indirectly receives, in the form of salary and other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.
CONTINUAL AND UNINTERRUPTED: Every licensed establishment must be open to the public for business in full compliance with all laws and regulations for at least an average of ten (10) hours per calendar week as measured across any twelve (12) consecutive week period.
CONVENIENCE STORE: A retail market offering a limited supply and selection of food items, groceries, and/or convenience items, and must offer the sale of gasoline with operational gasoline and fuel sales/pumps for public consumption.
DRUGSTORE: Every establishment or building or part thereof where the majority of retail sales within said store are prescription or nonprescription drugs.
GROCERY STORE: A full service market which sells all components of grocery and household needs to its customers, said products including, but not being limited to, produce, dairy products, eggs, canned goods, meat, frozen goods, household cleaners, paper products and breads. A convenience store which offers a limited availability of food items shall not be considered a "grocery store" for the purposes of this definition.
HOTEL: Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty five (25) or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith, and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
LICENSEE: Any person, corporation, partnership or club holding a license under the terms and provisions of this chapter and includes the principal, proprietor, agent, servant, or employee of said licensee.
LOCAL LIQUOR CONTROL COMMISSIONER: The Mayor of the City of Charleston, a municipal corporation.
MINOR: Any person under the age of eighteen (18) years of age.
ORIGINAL PACKAGE: Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container, whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
PERSON: Any individual, partnership, club or association not incorporated.
RESIDENT: Any person living in the City of Charleston as his or her home.
RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.
RETAILER: A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
SALE: Any transfer, exchange or barter in any manner, or by any means whatsoever, including the transfer of alcoholic liquors by and through the transfer or negotiation of warehouse receipts or certificates, for a consideration and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
SELL AT RETAIL AND SALE AT RETAIL: Sales for use or consumption and not for resale in any form.
SPIRITS: Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
TO SELL: Includes to keep or expose for sale and to keep with intent to sell.
WINE: Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of "alcohol" or "spirits", as defined in this section. (Ord. 19-O-1, 1-2-2019; amd. Ord. 2023-O-4, 2-21-2023)