In addition to the definitions set forth in other sections of this code, the following words and phrases used in this chapter shall have the meanings herein prescribed:
ALCOHOLIC BEVERAGE: "Beer" and/or "liquor" as defined in this chapter.
BEER: Any product that contains at least sixty three one- hundredths of one percent (0.63%) of alcohol by volume or at least one-half of one percent (0.5%) of alcohol by weight, but not more than four percent (4%) of alcohol by volume or three and two-tenths percent (3.2%) by weight; and is obtained by fermentation, infusion or decoction of any malted grain. Beer may or may not contain hops or other vegetable products. Beer includes other products that contain alcohol within these percentages and which may be referred to as malt liquor, malted beverages or malt coolers.
DISORDERLY CONDUCT: Refusal to comply with the lawful order of the police to move from a public place, or knowingly creating a hazardous or physically offensive condition, by any act which serves no legitimate purpose; or intending to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof by engaging in fighting or in violent, tumultuous, or threatening behavior; making unreasonable noises in a public place; making unreasonable noises in a private place which can be heard in a public place; or obstructing vehicular or pedestrian traffic. "Public place", for the purpose of this definition, means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
INTOXICATED: Shall have the same meaning as contained in Utah code title 32A, as amended.
LIQUOR: Alcohol, or any alcoholic, spirituous, vinous, fermented, malt, or other liquid, or combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks, or drinkable liquids that contain more than one-half of one percent (0.5%) of alcohol by volume and is suitable to use for beverage purposes. Liquor includes "wine" and "heavy beer" as defined by Utah code title 32A, as amended, but does not include any beverage defined herein as "beer".
OFF PREMISES BEER RETAILER: Any business that is engaged in the retail sale of beer for consumption off the beer retailer's premises. Off premises beer retailer does not include an on premises beer retailer.
ON PREMISES BEER RETAILER: Any business that is engaged in the sale of beer for consumption on the beer retailer's premises, regardless of whether the business sells beer for consumption off the beer retailer's premises. An on premises beer retailer includes any person, business, or organization that meets the requirements for a class B, C, D or E license as described in this chapter.
RESTAURANT: Any business establishment where a variety of foods is prepared and complete meals are served to the general public; located on a premises having adequate culinary fixtures for food preparation and dining accommodations; and that is engaged primarily in serving meals to the general public.
SELL, SALE, AND TO SELL: Any transaction, exchange, or barter whereby, for any consideration, an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by any means or under any pretext is promised or obtained, whether done by a person as a principal, proprietor, or as an agent, servant, or employee, unless otherwise defined in this chapter.
TAVERN: Any business establishment that is engaged primarily in the sale of alcoholic beverages for consumption on the establishment's premises; tavern includes the following if the revenue from the sale of alcoholic beverages exceeds the revenue from the sale of food, although food need not be sold in the establishment: a beer bar; a parlor; a lounge; a cabaret; a private club, or a nightclub. Tavern also includes any business with an area or areas for the consumption of alcoholic beverages in which no minors under the age of twenty one (21) are allowed. (Ord. 2008-04, 7-22-2008)