§ 112.04 LICENSE REQUIRED FOR SALE OF LIQUOR.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context indicates or requires a different meaning.
      ALCOHOLIC LIQUORS. Any and all distilled or rectified spirits, potable alcohol, brandy, whisky, rum, gin, aromatic bitters bearing the Federal Internal Revenue Strip Stamps or any similar alcoholic beverage, including all blended or fermented beverages, dilutions or mixtures of 1 or more of the foregoing containing more than 0.5% alcohol, but excluding medical bitters.
      BEER. Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or other cereals in water, and shall include the liquors as porter, beer, ale and stout.
      GENERAL DISPENSER. Any person selling, offering for sale or having in his or her possession with the intent to sell, wine, beer and spirituous liquors by the drink or in packages containing less than 5 gallons.
      INTOXICATING LIQUORS. Any alcoholic beverages, whether herein above defined as beer, wine or a spirituous liquor.
      PERSON. Any male or female, corporation or association, and shall include both the singular and plural numbers.
      RETAILER. Any person selling, offering for sale or having in his or her possession with the intent to sell any alcoholic liquors for consumption off of the premises of the licensee and in packages containing less than 5 gallons.
      SPECIAL DISPENSER. Any person selling, offering for sale or having in his or her possession with the intent to sell, beer or wine or both beer and wine by the drink or in packages containing less than 5 gallons.
      SPIRITUOUS LIQUORS. All alcoholic liquors as defined above except fermented beverages such as wine, beer and ale.
      WINE. Includes the words “fruit juices” and shall mean all alcoholic beverages obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, with or without the addition of sugar or other products, and which does not contain less than 0.5% nor more than 21% alcohol by volume.
   (B)   Selling liquor unlawful.  
      (1)   It shall be unlawful for anyone to sell, offer for sale or have in his or her possession with the intent to sell any beer, wine or spirituous liquor unless the person is the holder of a valid license from the Town of Clayton, for the purpose.
      (2)   Any person who shall sell, offer for sale or have for sale any intoxicating liquor without first having secured and being the holder of a valid license therefor from the Town of Clayton, shall be subject to the provisions of § 112.99.
      (3)   The issuance of restaurant licenses for the sale of beer, wine, and spiritous liquors in restaurants within the local option district of the Town of Clayton be and hereby is approved.
(Ord. 294, passed 12-27-1944; Am. Ord. 714, passed 8-11-2021) Penalty, see § 112.99