For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. The product of distillation of any fermented liquids, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR. 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 human beings. 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 0.5% or less of alcohol by volume.
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.
CLUB. A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues and owning, 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 their guests; provided, that such CLUB files with the local Liquor Control Commissioner, at the time of its application for a license under this chapter, two copies of a list of names and residences of its members, and similarly files, within ten days of the election of any additional member, his or her name and address and, provided further, that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at its annual meeting and that no member or any officer, agent or employee of the CLUB is paid, or directly or indirectly receives in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the CLUB or the members of the CLUB or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors, or other governing body, out of the general revenue of the CLUB.
HOTEL. Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
RESORT. Every building and associated structures and grounds kept, used, maintained, advertised and held out to the public to be a place for sleeping accommodations and where the recreational activities are offered for adequate pay to travelers and guests and in which 25 or more rooms are used for the sleeping accommodations of such guests and having one or more associated structures for the recreational activities of guests in connection therewith and such building or buildings, structure or structures, being provided with adequate and safe recreational grounds, equipment and services.
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, 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 and where more than 50% of the gross receipts are obtained from the sale of foodstuffs; except the term RESTAURANT shall not include a public place wherein liquor is sold for consumption off the premises.
RETAILER. A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
SALE. Any transfer, exchange or barter in any manner, or by any means whatsoever, for a consideration and includes and means all sales made by any person, whether principal or proprietor, agent, servant or employee.
SELL. To keep or expose for sale and to keep with intent to sell.
SELL AT RETAIL AND SALE OF RETAIL. Sales for use or consumption and not for resale in any form.
SPIRITS. Any beverage which contains alcohol obtained by the 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. 1995-4, passed 9-19-1995)