For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGES. All liquor, wine and beer containing more than 1% of alcohol by weight.
BAR. Any place of business where wine, beer or alcoholic beverages are sold or offered for sale for consumption on premises, and where the sale of food is incidental to the sale of such beverages, or where no food is sold. Every place of business that sells or permits alcoholic beverages to be consumed on premises not specifically defined in the definitions of HOTEL or MOTEL BAR, or RESTAURANT BAR shall be considered a BAR under this division for the purposes of regulation.
BEER. Includes all malt beverages containing more than 1% of alcohol by weight, and not over 14% by weight.
CONSUMPTION ON PREMISES. Consumption of all beer, wine or alcoholic beverages of every kind, or the right to sell by the drink, bottle or can such beverages for consumption on the licensed premises only.
CONSUMPTION OFF-PREMISES. The selling of beer, wine or alcoholic beverages in the original unbroken containers, to be taken by the purchaser off the premises where sold before being consumed.
CONVENIENCE STORE. A place of business, also known as a package store, engaged in the retail sale of groceries and prepared foods, and in some instances gasoline, as well as alcoholic beverages, including beer and wine.
DISC JOCKEY. A person who presents, mixes and/or scratches recorded music.
EXTENDED HOURS LICENSE. A license that is granted as a privilege and is subject to revocation at any time, that permits the on-premise sale and consumption of alcoholic beverages between the hours of 2:00 a.m. and 4:00 a.m. See §113.26.
FULL-COURSE MEALS. A bona fide full-course meal, which must consist of salad, entrée, dessert, beverage, bread and butter, all prepared on the premises. Fast food, sandwiches, frozen foods or any other services not requiring the use of a full-time food preparer, are not considered full-course meals.
HOTEL or MOTEL BAR. A bar operated in connection with a hotel, or motel having not less than 100 hotel or motel rooms and a total of not less than 150 hotel or motel rooms and residential units, such bar being equipped with adequate and sanitary equipment. The hotel or motel bar shall not have direct access to the outside, shall be fully contained within the hotel or motel structure, shall be directly connected to the lobby and shall be situated on the property in a manner that its use is for the convenience of the occupants of the hotel or motel. The sale of beer, wine
and alcoholic beverages shall be strictly incidental to the principal use as a hotel or motel.
LIQUOR. Any and all distilled or rectified spirits, brandy, whiskey, rum, gin, cordials or similar distilled alcoholic beverages, including all dilutions and mixtures of one or more of the foregoing.
LIVE MUSIC EXTENDED HOURS LICENSE. A license that is granted as a privilege and is subject to revocation at any time, that permits the on-premise sale and consumption of alcoholic beverages until 4:00 a.m. by those Live Entertainment Establishments within the Downtown Music District in accordance with § 113.26(A)(2).
LIVE ENTERTAINMENT ESTABLISHMENT. A venue wherein food is provided with or without a kitchen and floorshows or other forms of entertainment are held in accordance with the requirements in § 113.26(A)(2).
MALT BEVERAGES. (See definition of BEER as per this section.)
PACKAGE STORE. Vendor's license to sell all alcoholic beverages, but in sealed containers only, and for consumption off the premises. The sealed package must not be broken and the contents must not be consumed in or on the premises under a package store license.
PERSON, or VENDOR. All persons selling, offering or keeping with the intention of selling or dealing, the beverages defined in herein.
RESTAURANT. For purposes of this chapter, any sit- down, table service food establishment where the principal business is to prepare, sell, and regularly serve full-course meals to the public; where the establishment has adequate, operable and sanitary kitchen and dining room equipment and a food preparation staff capable of preparing and serving full course meals during all hours of operation for its full occupant load; where the sale of alcoholic beverages shall be strictly incidental to the serving of food; and where the establishment has the appropriate license issued by the State Division of Hotels and Restaurants as well as all city and county permits as required by law. The sale of any alcoholic beverages shall be prohibited except during the time the restaurant is actually engaged in and open to the public for the serving of meals.
RESTAURANT BAR. A bar and restaurant facility, where the principal business is the serving of full-course meals and where full-course meals are actually and regularly served and where a minimum of 75% of the floor area is dedicated to the dining room table service area, and equipped with operable and sanitary kitchen, restroom facilities, pantries, storage rooms and dining room furniture. The RESTAURANT BAR must be directly connected with such dining room. The sale of beer, wine and alcoholic beverages shall be strictly incidental to the serving of food. The sale of beer, wine and alcoholic beverages shall be prohibited except during the time the restaurant is actually engaged in, and open to the public for dinner for the on- premises preparation and serving of meals.
WINE. The product of the normal alcoholic fermentation of the juice of fresh, sound, ripe fruit, with the usual cellar treatment and necessary additions to correct defects due to climactic, saccharine and seasonal conditions, including champagne, sparkling and fortified wine of an alcoholic content not to exceed 24% by volume. No other product shall be called WINE unless designated by appropriate prefixes descriptive of the fruit or other product from which the same was predominantly produced, or as artificial or imitation wine.
('72 Code, § 3-1) (Ord. O-79-24, passed 6-6-79; Am. Ord. O-92-13, passed 3-4-92; Am. Ord. O-97-08, passed 4-23-97; Am. Ord. O-2005-14, passed 7-13-05; Am. Ord. O-2006-31, passed 9-6-06; Am. Ord. O-2007-24, passed 7-18-07; Am. Ord. O-2012-09, passed 5-2-12)