§ 116.01 DEFINITIONS.
   Terms used in this chapter, unless the context otherwise plainly requires, shall mean:
   ALCOHOLIC BEVERAGE. Any distilled spirits, wine and malt beverages as defined in this chapter.
   BAR. Any permanently installed counter within the restaurant area, or establishment, from which alcoholic beverages are regularly served to customers by a person who is tending bar or drawing or mixing alcoholic beverages.
   DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use, containing not less than 0.5% of alcohol by weight.
   FULL-SERVICE RESTAURANT. Any restaurant at which a waiter or waitress delivers food and drink offered from a printed food menu to patrons at tables, booths, or the bar. Any restaurant that only serves fry orders or food and victuals such as sandwiches, hamburgers, or salads is not a full-service restaurant.
   MALT BEVERAGE. A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with 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 therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human consumption, containing not less than 0.5% of alcohol by weight.
   NON-PROFIT ORGANIZATION. An incorporated organization which exists for educational, religious or charitable reasons, and from which its shareholders or trustees do not benefit financially. Any money earned must be retained by the organization, and used for its own expenses, operations, and programs.
   OFF-SALE. The sale of any alcoholic beverage, for consumption off the premises where sold.
   ON-SALE. The sale of any alcoholic beverage for consumption only upon the premises where sold.
   ON-SALE DEALER. Any person who sells, or keeps for sale, any alcoholic beverage for consumption on the premises where sold.
   OPERATING AGREEMENT. An agreement made and entered into by the town with the owner/operator of a restaurant, bar, store, or establishment, for the purpose of allowing and regulating said business to operate with an on-sale and/or off-sale liquor or malt beverage license within the town.
   PACKAGE. The bottle or immediate container of any alcoholic beverage.
   PACKAGE DEALER. Any person, other than a distiller, manufacturer or wholesaler who sells, or keeps for sale, any alcoholic beverage for consumption off the premises where sold.
   PUBLIC PLACE. Any place, whether in or out of a public building, commonly and customarily open to or used by the general public and any street or highway.
   RETAIL LICENSE. Any on-sale or off-sale license issued under the provisions of this chapter.
   RETAILER OR RETAIL DEALER. Any person who sells alcoholic beverages for other than resale.
   SALE. The transfer, for a consideration, of title to any alcoholic beverage.
   TO SELL AND SERVE ALCOHOLIC BEVERAGES. To take orders for alcoholic beverages and to deliver alcoholic beverages to customers as a normal adjunct of waiting tables. The term does not include tending bar or drawing or mixing alcoholic beverages.
   WINE. Any liquid either commonly used, or reasonably adapted to use, for beverage purposes, and obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar and containing not more than 24% of alcohol by weight.
(Ord. 4.0, passed 9-15-2015)