3-9-1: DEFINITIONS:
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ALCOHOLIC LIQUOR: Includes "alcohol", "spirits", "wine", and "beer" and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent (0.5%) or less of alcohol by volume.
BANQUET HALL: A building or other structure kept, used, maintained, advertised and held out to the public solely for private functions.
BAR: Any public place where alcoholic liquors are sold and the primary purpose of the establishment is for the consumption of such alcoholic beverages on the premises, and food service may or may not be included.
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.
CHAMPAGNE: Any "wine", as defined herein, further characterized by effervescence caused by fermentation and consequent generation of carbon dioxide.
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 and consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning or 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 guests.
CONVENIENCE FOOD STORE: A business that derives fifty percent (50%) or more of its gross income from the sale of petroleum products, goods, merchandise, or other articles of value in their original containers, offers a limited quantity and variety of food, household, and sundry items, and does not sell or have for sale prescription drugs.
GROCERY STORE: A building where the primary business consists of the direct retail sale of food items such as meats, cereal grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, pharmaceuticals, over the counter medicines, personal products, household goods and similar items are available to be purchased by the consumer.
LICENSED PREMISES: Every building, establishment, structure, place of business or location, whether or not enclosed from the elements, used for the retail sale of alcoholic liquor or where any retail sale or business of alcoholic liquor takes place or occurs.
PRIVATE FUNCTION: A pre-arranged private party, function or event for a specific social or business occasion, either by invitation or reservation and not open to the general public, where the guests in attendance are served in a room or rooms designated and used exclusively for the private party, function or event.
RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, at least five (5) days per week, 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.
RETAIL SALE: The sale of alcoholic liquor for use or consumption and not for resale.
SALE OR SELL: Any transfer, exchange or barter in any manner, or by any means whatsoever, including, but not limited to, a transaction involving telephone, mail, facsimile, internet or any other electronic or remote messaging device, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. The taking of an order for immediate or future remote delivery shall also be deemed a sale.
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.
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 herein.
(Ord. 2007-15, 4-23-2007, eff. 5-4-2007; amd. Ord. 2019-16, 8-26-2019, eff. 9-13-2019)