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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC LIQUOR. Spirits, wine, beer, ale, and every other liquid or solid containing alcohol, spirits, wine, or beer capable of being consumed as a beverage by human beings.
RESTAURANT. Any place kept, used, maintained, advertised, or held out to the public as a place where meals are served, and where meals are actually and regularly served, and in addition meet the following qualifications:
(1) There is adequate and sanitary kitchen equipment and the food is prepared in a room separate from the dining room;
(2) There is an adequate and sanitary dining area, separate from the kitchen, where patrons and guests are seated at tables with chair seating only, or in booths;
(3) There are employees who prepare and cook food, but do not serve it to patrons and guests;
(4) There are employees who serve food to patrons and guests, but who do not prepare or cook food;
(5) The sale of any alcoholic liquor is only an incidental part of the operation of the restaurant and the proceeds from the sale of alcoholic liquor do not exceed 1/3 of the gross income or revenue from all restaurant proceeds;
(6) There is no bar for serving alcoholic liquor, but only a service bar where a waitress or employee may pick up alcoholic liquor to be served at tables or in booths;
(7) The menu at all time will provide a variety of “full course” meals as opposed to a “sandwich shop” or “fast food” type of business. A FULL COURSE meal is defined as one where soup, salad, entree, and dessert are listed and sold on the menu as a complete meal;
(8) Alcoholic liquor can only be sold with a meal and served in glasses for consumption on the premises;
(9) No drive-through food sales are made or provided; and
(10) No alcoholic liquor is sold or served except in conformity with the hours provided for by ordinance for the sale of alcoholic liquor.
SALE. Any transfer, exchange, or barter in any manner or by any means whatsoever for a consideration; including all sales made by any person whether principal proprietor, agent, servant, or employee.
SELL AT RETAIL and SALE AT RETAIL. Sales for use and consumption and not for resale in any form.
TO SELL. Includes soliciting or receiving an order for, or keeping or exposing for sale and keeping with the intent to sell.
(Ord. 1990-13, passed - -1990; Am. Ord. 1991-01, passed 4-9-1991)