For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Any beverage containing more than 0.5% alcohol by volume.
BEER. BEER or 3.2% MALT LIQUOR means any malt beverage with an alcoholic content of more than 0.5% by volume and not more than 3.2% by weight.
BONA FIDE CLUB or 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, a church physically located within the city, or a congressionally chartered veterans' organization, which:
(a) Has more than 30 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;
(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. 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.
(2) The serving of beer/liquor must be incidental to and not the major purpose of the club.
(3) The serving of beer/liquor shall be only to club members and their bona fide guests.
BOWLING CENTER. An indoor recreational facility where long narrow tracks are used by the general public in bowling games for a fee.
BREW PUB. A restaurant that conducts the retail of on-sale malt liquor consumed and brewed on the premise and who manufactures less than 3,500 barrels of malt liquor a year.
BREWER TAPROOM. A facility on the premises of, or adjacent to, a malt liquor manufacturer intended for on-sale and consumption of malt liquor produced by the brewer.
DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use.
HOTEL. An establishment where food and lodging are regularly furnished to transients and which has:
(1) A dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and
(2) A minimum of ten guest rooms.
INTEREST. This term as used in this section includes any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans, bona fide fixed sum rental agreements, bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to such establishments or an interest of 10% or less in any corporation holding a license. A person who receives moneys from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefore and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining BONA FIDE the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this article shall be considered.
INTOXICATING LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous, and malt beverages containing more than 3.2% of alcohol by weight.
LICENSED PREMISES. The premises described in the approved license application. In the case of a restaurant, club, or exclusive liquor store licensed for on-sales of alcoholic beverages and located on a golf course, LICENSED PREMISES means the entire golf course except for areas where motor vehicles are regularly parked or operated.
MALT LIQUOR. Any beer, ale, or other beverage made from malt by fermentation and containing not less than 0.5% alcohol by volume.
MANUFACTURER. A person who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquor for sale.
MINOR. A person less than 18 years of age.
OFF-SALE. The sale of alcoholic beverages in original packages for consumption off or away from the licensed premises only.
ON-SALE. The sale of alcoholic beverages by the glass or by the drink for consumption on the licensed premises only.
ORIGINAL PACKAGE. A sealed or corked container in which the liquor is placed by the manufacturer.
PERSON. The term PERSON includes a natural person of either sex, a partnership, a corporation or association of persons, and the agent or manager or employee of any of the aforesaid. The singular includes the plural, and the masculine pronoun includes the feminine and neuter.
PREMISES. The inside of the building itself or the leased space inside a building as submitted on the floor plan submitted in conjunction with the initial application for license. Outside areas, such as any patios, parking lots or other areas shall not be included unless specifically listed on the license.
RESTAURANT. An establishment, other than a hotel, where meals are regularly prepared on the premises and served at tables to the general public to be consumed on the premises.
RETAIL. Sale for consumption.
SALE or SELL. These terms shall mean and include all barters and all manners or means of furnishing intoxicating liquor as herein described.
WHOLESALE. Any sale for purposes of resale.
WHOLESALER. A person who sells alcoholic beverages to persons to whom sale is permitted from a stock maintained in a warehouse in the state.
WINE. The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than 0.5% nor more than 14% alcohol by volume for nonindustrial use. WINE does not include distilled spirits.
(Ord. 1416, passed 7-24-00; Am. Ord. 1610, passed 11-26-12; Am. Ord. 1620, passed 3-23-15; Am. Ord. 1638, passed 2-27-17; Am. Ord. 1669, passed 9-13-21)