Whenever used in this chapter, the following words shall have the meanings ascribed in this section, unless the context clearly indicates a different meaning:
ALCOHOLIC BEVERAGE: As used in this chapter, the term "alcoholic beverage" shall have the same meaning as the term "liquor".
APPEAL: The right of the licensee or applicant to request a hearing before a specified city official or the city council upon denial of or any other action adversely affecting a liquor license.
APPLICANT: A natural person, partnership, association, firm, company, corporation or other legal entity applying for a liquor license.
APPLICATION FOR A LIQUOR LICENSE: A formal request, utilizing a form provided by the city, that a person submits to the city for the purpose of requesting a liquor license.
BEER: Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water.
BREWPUB: An establishment which manufactures beer and sells beer beverages at retail and not made available for wholesale.
BREWPUB LICENSE: A license issued by the city which permits the manufacturing and sales of beer by the licensee at the premises specified in the license for consumption on the licensee's premises.
CATERER'S LIQUOR LICENSE: A license issued by the city which is only effective if issued in addition to an existing retail liquor license, retail beer and wine license, or brewpub license, permitting the giving, selling or serving of beer, wine and liquor by the drink by the caterer licensee for private events on the premises of the caterer or at specified locations within the city of Elko.
CHURCH: A building, structure or place owned or occupied by a religious organization that is used primarily for religious worship.
CITY: The city of Elko, Nevada.
CITY CLERK: The city clerk of the city of Elko, Nevada, or the said clerk's deputy.
CITY COUNCIL: The city council of the city.
EXPIRATION: The date upon which a liquor license expires.
FEE: Any monies required by law to be paid to obtain or renew a liquor license.
FRATERNAL, SOCIAL AND CIVIC CLUB LICENSE: A license issued by the city, which permits the licensee therein designated to serve, sell or give liquors to the licensee's bona fide members and their guests only for consumption of the licensee's premises specified in the license. This license shall not permit the licensee to conduct or operate any public bar or place for the sale, serving or delivery of any liquor to the general public.
INTOXICATION: A condition in which a person's mental and physical faculties are impaired because of the ingestion of liquor or other substances so as to diminish the person's ability to think and act in a way in which an ordinary prudent person in full possession of his or her faculties and using reasonable care would think and act in like circumstances.
LICENSE: Unless otherwise stated, a liquor license.
LICENSE CERTIFICATE: A document issued by the city stating that a person has a liquor license, together with any conditions or restrictions which apply to that liquor license.
LIQUOR: Beer, wine, gin, whiskey, cordials, ethyl alcohol or rum, and every liquor or solid, patented or not, containing one-half of one percent (0.5%) or more of alcohol by volume and which is used for beverage purposes.
LIQUOR LICENSE: Except as otherwise stated in this chapter or the license certificate, a privilege granted by the city to an applicant pursuant to this chapter permitting the applicant to give, sell or serve all or specified types of liquor within the city limits while it is in effect, subject to any conditions or restrictions contained in this chapter and/or the license certificate.
MINOR: A natural person, male or female, under the age of twenty one (21) years.
PACKAGE: Any container or receptacle used for holding liquor, which container or receptacle is corked or sealed.
PACKAGED LIQUOR LICENSE: A license issued by the city which permits the sale of liquor in packages by the licensee at the premises specified in the license, for consumption off the licensee's premises.
PERSON: A natural person, partnership, association, company, corporation, fraternal, civic or social clubs and all other types of organizations.
PREMISES: A distinct and definite locality, including a room, shop, building or other area with discrete boundaries.
PRIVATE EVENT: A gathering in the city limits which is not open to the public that will include the selling, serving or giving away of alcoholic beverages.
PUBLIC SCHOOL: A publicly funded school or preschool, specifically grades prekindergarten through grade 12.
QUARTER: One-fourth (1/4) of the year, beginning respectively on January 1, April 1, July 1 and October 1 of each year.
REGULAR LIQUOR LICENSE: A liquor license that is not a temporary liquor license.
RENEWAL: The granting of the privilege of a licensee to continue to use an existing liquor license for a definite period of time.
RETAIL: The sale for use or consumption and not for resale.
RETAIL BEER AND WINE LIQUOR LICENSE: A license issued by the city, which permits the sale of beer and wine in packages, or by the drink by the licensee at the premises specified in the license, for consumption on or off of the licensee's premises.
RETAIL LIQUOR LICENSE: A license issued by the city, which permits the sale of liquor, in packages, or by the drink by the licensee at the premises specified in the license, for consumption on or off the licensee's premises.
REVOCATION OF A LIQUOR LICENSE: The automatic cancellation of a liquor license pursuant to this chapter.
SACRAMENTAL: The use of liquor that is part of a formal religious act or ceremony and that is considered sacred as a spiritual sign or symbol by that religion.
SAMPLE: An amount of liquor that is only of such quantity as is reasonably necessary to provide a taste, not to exceed one- half (1/2) ounce of liquor.
SERVER OF ALCOHOL: Any person who gives, sells or serves any liquor to another person for consumption.
SPECIAL EVENT: For purposes of this chapter only, an event consisting of a gathering within the city limits at a location shown on the license application or license certificate, open to the general public, which includes the selling, serving or giving away of liquor.
SPECIAL EVENTS BEER AND WINE LIQUOR LICENSE: A license issued by the city which permits the sale, serving or giving away of beer and/or wine only by the licensee at a special event, with the duration of said license not to exceed a period of one week.
SPECIAL EVENTS LIQUOR LICENSE: A license issued by the city which permits the sale, serving or giving away of liquor by the licensee at a special event, with the duration of said license not to exceed a period of one week.
SUSPENSION OF A LIQUOR LICENSE: The temporary cancellation of a liquor license by the city pursuant to this chapter.
TERMINATION OF A LIQUOR LICENSE: The permanent cancellation of a liquor license by the city pursuant to this chapter.
WHOLESALE LIQUOR LICENSE: A license issued by the city, which permits the sale of beer and wine only, or liquors in packages by the licensee, to a person holding a valid, current, retail liquor license or a wholesale liquor license issued by the city, but not the direct sale to a consumer or the general public.
WINE: Any alcoholic beverage obtained by fermentation of the natural content of fruits or other agricultural products containing sugar and including, without limitation, port, sherry and champagne. (Ord. 777, 9-10-2013)