§ 5.06.030 DEFINITIONS.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALCOHOL. Ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.
      ALCOHOLIC BEVERAGE. A compound produced and sold for human consumption as a drink that contains more than 0.5% of alcohol by volume.
      BEER.
         (a)   A malt beverage containing not more than 8.75% of alcohol by volume;
         (b)   An alcoholic beverage containing not more than 14% alcohol by volume:
            1.   That is made by the alcoholic fermentation of an infusion or decoction, or a combination of both, in potable brewing water, of malted cereal grain; and
            2.   In which the sugars used for fermentation of the alcoholic beverage are at least 75% derived from malted cereal grain measured as a percentage of the total dry weight of the fermentable ingredients.
         (c)   The term does not include a caffeinated or stimulant-enhanced malt beverage.
      CLUB. A national fraternal organization with permanent quarters or rooms, except college fraternities, or associations of individuals organized for social purposes and not for profit, with a permanent membership and in existence for two years.
      INTERDICTED PERSON. A person to whom the sale of liquor, beer or wine is prohibited under the laws of the state.
      LICENSE. A license issued by the city to a qualified person under which it shall be lawful for the licensee to sell or dispense liquor, beer or wine at retail as provided in this chapter.
      LIQUOR. An alcoholic beverage, except beer and table wine. The term includes a caffeinated or stimulant-enhanced malt beverage.
      MALT BEVERAGE. An alcoholic beverage made by the fermentation of an infusion or decoction, or a combination of both, in potable brewing water, of malted barley with or without hops or their parts or their products and with or without other malted cereals and with or without the addition of unmalted or prepared cereals, other carbohydrates, or products prepared from carbohydrates and with or without other wholesome products suitable for human food consumption.
      STATE LIQUOR STORE. A retail store operated by the State Department of Revenue, located in various cities, towns, villages and communities of the state, in which is sold all liquors, including wines, that are legal liquors in the state.
      WINE. An alcoholic beverage made from or containing the normal alcoholic fermentation of the juice of sound, ripe fruit or other agricultural products without addition or abstraction, except as may occur in the usual cellar treatment of clarifying and aging, and that contains more than 0.5%, but not more than 24% of alcohol by volume. WINE may be ameliorated to correct natural deficiencies, sweetened and fortified in accordance with applicable federal regulations and the customs and practices of the industry. Other alcoholic beverages not defined in this definition, but made in the manner of wine and labeled and sold as WINE in accordance with federal regulations are also WINE.
   (B)   All other words and phrases used in this chapter, the definitions of which are not herein given, shall be given their ordinary meaning or as defined in MCA § 16-1-106.
(Prior Code, § 5.06.030) (Ord. 1, passed 1-17-1980; Ord. 2019-13, passed 10-7-2019)
Statutory reference:
   Alcoholic beverages, see MCA § 16-1-106(4)
   Beer, see MCA § 16-1-106(5)
   Liquor, see MCA § 16-1-106(15)
   Malt beverage, see MCA § 16-1-106(16)
   Wine, see MCA § 16-1-106(31)