4-1-2: DEFINITIONS:
Unless the context otherwise requires, the following terms, as used in this chapter, shall be construed according to the definitions given in this section:
ALCOHOL: The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. The term does not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR: Includes 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 a human being. 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 one-half of one percent (1/2%), or less, of alcohol by volume. No fee provided for in this chapter shall apply to wine intended for use and used by any church or religious organization for sacramental purposes; provided, that such wine shall be purchased from a licensed manufacturer or importing distributor under this chapter.
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 the state, not for pecuniary profit, solely for the promotion of some common object other than the sale and 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 guests; provided, that such club files with the mayor at the time of its application for a license under this chapter, two (2) copies of a list of names and residences of its members, and similarly files within ten (10) days of the election of any additional member of his or her name and address; and provided, that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting, and that no member or any officer, agent, or employee of the club is paid, or directly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or its members or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting of the members or by its board of directors or other governing body out of the general revenue of the club.
LICENSED PREMISES: The premises described in the license.
LICENSEE: Any person receiving a license under this chapter.
OWNER OR PROPRIETOR: Shall include all persons who are owners or are in control of any place where the sale or distribution of alcoholic liquor is carried on, whether they be individuals, partnerships, corporations, joint stock companies, fiduciaries or officers, directors or otherwise.
PACKAGE LIQUOR STORE: Any establishment catering to the general public whose principal business is the sale of alcoholic liquors, not for consumption on the premises.
PERSON: Any person, firm, partnership, club, association or corporation.
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.
SALE: Any transfer, exchange or barter in any manner, or by any means whatsoever, including the transfer of alcoholic liquors by and through the transfer or negotiation of warehouse receipts or certificates, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. The term "sale" includes any transfer of alcoholic liquor from a foreign importer's license to an importing distributor's license even if both licenses are held by the same person.
SPECIAL EVENT: An event conducted by an educational, fraternal, political, civic, religious or nonprofit organization.
SPECIAL USE PERMIT LICENSE: A license for use by a retailer to allow for the transfer of alcoholic beverages from an existing licensed retail premises to a designated site for a specific event.
SPIRITS: Any beverage which contains alcohol obtained by 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.
TO SELL: Includes to keep or expose for sale and to keep with intent to sell.
TOTAL POPULATION: The population as determined by the most recent federal, state or village census.
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. 87-1, 4-7-1987, eff. 4-7-1987; amd. 2003 Code)