For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Any beverage containing more than 1/2 of 1% alcohol by volume, including, but not limited to, beer, wine, and liquor as defined in this section.
APPLICANT. Any person making an application for a license under this chapter.
APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
BEER. Malt liquor containing not less than 1/2 of 1% alcohol by volume nor more than 3.2% alcohol by weight. This definition includes so-called MALT COOLERS with the alcoholic content limits stated herein.
CASUAL RESTAURANT. A business establishment, other than a hotel and traditional restaurant, under the control of a single proprietor or manager, where all of the following exist:
(1) Meals are regularly prepared on the premises for the general public;
(2) The principal part of the business is service of meals which shall be at least 50% of the gross revenues;
(3) The facilities for seating shall not be less than 40 guests at one time;
(4) Customers receive partial meal service by waitstaff whereby the customer orders the meal and beverages at a counter, but the meal is consumed at the customer’s table;
(5) Reusable dinnerware, such as eating utensils, plates, bowls, and cups, is used by the customer for the consumption of the meal and beverages;
(6) Bussing or cleaning of the tables is done by restaurant staff; and
(7) No drive-through service is provided.
BREWER. A person who manufactures beer for sale.
CHURCH. A building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God.
CLUB.
(1) An incorporated entity organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans’ organization, which:
(a) Has more than 15 members;
(b) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members;
(c) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose.
(2) No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. The club or congressionally chartered veterans organization must have been in existence for at least three years.
COMMISSIONER. The State Commissioner of Public Safety.
CONFECTION CONTAINING ALCOHOL. Any confection that contains or bears not more than 5% alcohol by volume where the alcohol is in a nonliquid form by reason of being mixed with other substances in the manufacture of the confection.
GENERAL FOOD STORE. A business, including convenience stores/marts, primarily engaged in selling food and grocery supplies to the public for off premises consumption.
HOTEL. Includes any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food (consisting of a full menu as distinguished from exclusively FAST FOOD items such as pizza, hamburgers and other sandwiches) and lodging are regularly furnished to transients, and which contains not less than 25 guest rooms with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has an integral part thereof a dining room with appropriate facilities for seating not less than 40 guests at one time, where the general public is, in consideration of payment therefor, served with meals at tables, where the principal part of the business (meaning at least 50% of the gross income from sales during each calendar quarter) is from serving foods and furnishing lodging, and where there is an appraised value of at least $350,000 as to the building or portion of the building associated with liquor sales.
LICENSE. A document, issued by the city, to an applicant permitting him or her to carry on and transact the business stated therein.
LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein.
LICENSED PREMISES. The premises described in the issued license. In the case of a restaurant or a club licensed for on-sales of alcoholic beverages and located on a golf course, LICENSED PREMISES means the entire golf course except for areas where motor vehicles are regularly parked or operated.
LICENSEE. An applicant who, pursuant to his or her approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the city for carrying on the business stated therein.
LIQUEUR-FILLED CANDY. Any confectionery containing more than 1/2 of 1% alcohol by volume in liquid form that is intended for or capable of beverage use.
LIQUOR. Ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight. This definition includes so-called wine coolers and malt coolers with the alcoholic content limits stated herein.
LIQUOR STORE. An establishment used exclusively for off-sale of liquor except for the incidental sale of ice, tobacco, beer, beverages for mixing with liquor, soft drinks, cork extraction devices, and books and videos on the use of alcoholic beverages in the preparation of food.
MALT LIQUOR. Any beer, ale, or other beverage made from malt by fermentation and containing not less than 1/2 of 1% alcohol by volume.
MANUFACTURER. Every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces alcoholic beverages for sale.
MINOR. Any natural person who has not attained the age of 21 years.
OFF-SALE. The sale of alcoholic beverages in original packages for consumption off the licensed premises only.
ON-SALE. The sale of alcoholic beverages for consumption on the licensed premises only.
PACKAGE and ORIGINAL PACKAGE. Any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.
SALE, SELL and SOLD. All barters and all manners or means of furnishing alcoholic beverages to persons, including furnishing in violation or evasion of law.
TRADITIONAL RESTAURANT. A business establishment, other than a hotel, under the control of a single proprietor or manager, where all of the following exist:
(a) Meals are regularly prepared on the premises for the general public;
(b) The principal part of the business is service of meals, which shall be at least 50% of the gross revenues;
(c) Facilities for seating shall not be less than 40 guests at one time; and
(d) Customers receive full meal service by waitstaff whereby meals and beverages are ordered, served, and consumed at the customer’s table.
WHOLESALER. Any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse.
WINE. The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, made from condensed grape musk, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, sherry and sake, in each instance containing not less than 1/2 of 1% nor more than 24% alcohol by volume for nonindustrial use. WINE does not include distilled spirits, as defined in M.S. § 340A.101, Subd. 9, as it may be amended from time to time.
(Ord. 2006-4-2, passed 4-24-2006)