For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively.
ALCOHOL. Ethyl alcohol, whether rectified or diluted with water or not, whatever its origin may be, and includes synthetic ethyl alcohol. ALCOHOL does not include denatured alcohol and wood alcohol.
AT RETAIL. For use or consumption by the purchaser and not for resale.
BEER. Includes all beverages brewed or fermented wholly or in part from malt products and containing 0.5% or more, but not more than 12%, of alcohol by volume.
CIDER. All liquids that are fit to use for beverage purposes that contain 0.5% of alcohol by volume, but not more than 6% of alcohol by weight that are made through the normal alcoholic fermentation of the juice of sound, ripe apples, including, without limitation, flavored, sparkling, or carbonated cider and cider made from pure condensed apple must.
CLUB. A corporation or association of individuals organized in good faith for social, recreational, benevolent, charitable, fraternal, political, patriotic, or athletic purposes, which is the owner, lessor, or occupant of a permanent building or part of a permanent building operated solely for such purposes, membership in which entails the prepayment of regular dues, and includes the place so operated.
COMMUNITY FACILITY. Either of the following:
(1) Any convention, sports or entertainment facility or complex, or any combination of these, that is used by or accessible to the general public and that is owned or operated in whole or in part by the state, a state agency, or a political subdivision of the state or that is leased from, or located on property owned by or leased from, the state, a state agency, a political subdivision of the state, or a convention facilities authority created pursuant to R.C. § 351.02;
(2) An area designated as a community entertainment district pursuant to R.C. § 4301.80.
CONTROLLED ACCESS ALCOHOL AND BEVERAGE CABINET. A closed container, either refrigerated, in whole or in part, or nonrefrigerated, access to the interior of which is restricted by means of a device that requires the use of a key, magnetic card, or similar device and from which beer, intoxicating liquor, other beverages, or food may be sold.
CONVENTION CENTER. Any convention, sports, or entertainment facility, or any combination of these, with a seating capacity of 5,000 or more that is used by and accessible to the general public.
ENCLOSED SHOPPING CENTER. A group of retail sales and service business establishments that face into an enclosed mall, share common ingress, egress, and parking facilities, and are situated on a tract of land that contains an area of not less than 500,000 square feet.
HOTEL. The same meaning as in R.C. § 3731.01, subject to the exceptions mentioned in R.C. § 3731.03.
INTOXICATING LIQUOR and LIQUOR. All liquids and compounds, other than BEER, containing ½ of 1% or more of alcohol by volume which are fit to use for beverage purposes, from whatever source and by whatever process produced, by whatever name called, and whether they are medicated, proprietary, or patented. INTOXICATING LIQUOR and LIQUOR include wine even if it contains less than 4% of alcohol by volume, MIXED BEVERAGES, even if they contain less than 4% of alcohol by volume, cider, alcohol, and all solids and confections which contain any alcohol.
LOW-ALCOHOL BEVERAGE. Any brewed or fermented malt product or any product made from the fermented juices of grapes, fruits, or other agricultural products that contains either no alcohol or less than 0.5% of alcohol by volume. The beverages described in this definition do not include a soft drink such as root beer, birch beer, or ginger beer.
MANUFACTURE. All processes by which beer or intoxicating liquor is produced, whether by distillation, rectifying, fortifying, blending, fermentation, brewing, or in any other manner.
MANUFACTURER. Any person engaged in the business of manufacturing beer or intoxicating liquor.
MIXED BEVERAGES. Bottled and prepared cordials, cocktails, and highballs, produced by mixing any type of whiskey, neutral spirits, brandy, gin or other distilled spirits with, or over, carbonated or plain water, pure juices from flowers and plants, and other flavoring materials. The completed product shall contain not less than ½ of 1% of alcohol by volume and not more than 21% of alcohol by volume.
NIGHTCLUB. A place habitually operated for profit, where food is served for consumption on the premises, and one or more forms of amusement are provided or permitted for a consideration that may be in the form of a cover charge or may be included in the price of the food and beverages, or both, purchased by patrons.
PERSON. Includes firms and corporations.
PHARMACY. An establishment as defined in R.C. § 4729.01, that is under the management or control of a licensed pharmacist in accordance with R.C. § 4729.27.
RESTAURANT. A place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, hot meals are habitually prepared, sold, and served at noon and evening, as the principal business of the place. Such meaning does not include pharmacies, confectionery stores, lunch stands, nightclubs, and filling stations.
SALE and SELL. The exchange, barter, gift, offer for sale, sale, distribution, and delivery of any kind, and the transfer of title or possession of beer and intoxicating liquor either by constructive or actual delivery by any means or devices whatever, including the sale of beer or intoxicating liquor by means of a controlled access alcohol and beverage cabinet pursuant to R.C. § 4301.21. Such terms do not include the mere solicitation of orders for beer or intoxicating liquor from the holders of permits issued by the department of liquor control authorizing the sale of the same, but no solicitor shall solicit any orders until he has been registered with the division pursuant to R.C. § 4303.25.
SEALED CONTAINER. Any container having a capacity of not more than 128 fluid ounces, the opening of which is closed to prevent the entrance of air.
SPIRITUOUS LIQUOR. All intoxicating liquors containing more than 21% of alcohol by volume.
SUBSTANTIAL RETAIL GROCERY ESTABLISHMENT. A single retail business facility that occupies not less than 35,000 square feet of floor area, with common ingress and egress, and that has as its primary business purpose retail sales, including the sale of food, beverages, and other grocery items.
VEHICLE. All means of transportation by land, by water, or by air, and everything made use of in any way for such transportation.
WHOLESALE DISTRIBUTOR and DISTRIBUTOR. A person engaged in the business of selling to retail dealers for purposes of resale.
WINE. All liquids fit to use for beverage purposes containing not less than ½ of 1% alcohol by volume and not more than 21% of alcohol by volume, which is made from the fermented juices of grapes, fruits, or other agricultural products.
(R.C. § 4301.01) ('81 Code § 92.01)