As used in this chapter, the words and terms defined in this section have the meanings ascribed to them, unless the context clearly indicates a different meaning.
ALCOHOL: A product of distillation of any fermented liquor, rectified either once or more often, whatever may be the origin thereof, and includes synthetic ethyl alcohol.
ALCOHOLIC BEVERAGE: Alcohol, beer, wine, spirits, and includes any and all distilled spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters, and every liquid containing one-half of one percent or more of alcohol by volume and which is used or capable of use for beverage purposes.
ALCOHOLIC LIQUOR LICENSE OR LIQUOR LICENSE: Any license issued pursuant to this chapter.
APPLICANT: Any person who has applied for a liquor license, finding of suitability, or other approval relating to the sale of alcoholic liquor or the operation of a liquor establishment.
APPLICATION: A written request containing complete and accurate information required for the issuance of a liquor license, finding of suitability, approval as a key employee, or for approval of any act or transaction for which approval is required or permitted by this chapter.
BEER: Any fermented beverage of any name or description manufactured from malt, barley, or hops, wholly or in part, or from any substitute therefor, and shall include such liquors as porter, ale, or stout.
BOARD: The Lincoln County liquor and gaming licensing board of Lincoln County as authorized by Nevada Revised Statutes 244.352 and provided for by chapter 10 of this title.
CASINO: A gaming establishment that holds a nonrestricted gaming license issued by the Nevada gaming commission and by the board pursuant to chapter 9 of this title.
CATERER: Any licensed purveyor of food or provisions for entertainment, special occasions, parties or social gatherings where food is provided for consumption on the premises or location of the event.
CLUB: An association of persons, whether incorporated or unincorporated, for the promotion of some common object, but not including associations organized for any commercial or business purpose. A club must be chartered under, or a duly recognized affiliate of, a national service association or organization, or other nonprofit organization having at least fifty (50) members.
CLUB ALCOHOLIC BEVERAGE LICENSE: The license that permits the sale of alcoholic beverages by the drink or in an open container for consumption at a clubhouse.
CLUB BEER AND WINE LICENSE: The license that permits the sale of beer, wine, or spirit based products for which the alcohol content does not exceed ten percent (10%) by volume and is clearly labeled as such, by the drink or in an open container for consumption at a clubhouse.
CLUBHOUSE: 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 accommodations of a club's members and their guests.
COMMERCIAL COMPLEX: A building, or group of buildings located on a single parcel of land or having shared parking facilities, principally used or designed or intended to be used for business offices and retail sales establishments.
CONVENIENCE STORE: A business located in a building, or in a portion of a building, that sells groceries at retail and having not more than six thousand (6,000) square feet of floor space, exclusive of warehouse and office areas, devoted to the display of such groceries.
CORKED: Closed with any stub, stopper, or cap, whether made of cork, wood, glass, plastic, metal, or any other substances, and includes boxes, cans, cases, or kegs.
CUSTOMER: Any individual, other than an employee, present in or at any licensed premises at any time the licensed premises is open for business.
DISCIPLINARY ACTION: Action taken by the board pursuant to chapter 10 of this title to suspend, restrict, limit, condition, revoke, or impose other sanctions upon a liquor licensee or license.
DRUGSTORE: The business of apothecary or druggist or pharmacy where drugs or medicines are compounded or dispensed by state licensed pharmacists and may include retail sales of sundries such as stationery, magazines, and cosmetic and health items.
EMPLOYEE: An individual who is hired, engaged, or authorized to perform any service on the licensed premises on a full time, part time, or contract basis, whether or not the individual is designated an employee, independent contractor, agent, or otherwise, and whether or not the individual is compensated by the licensee. An employee does not include an individual exclusively on the licensed premises for repair or maintenance of the premises or for delivery of goods to the licensee, nor an attorney, accountant, or other person whose primary function is to provide advice and assistance to the licensee.
FINDING OF SUITABILITY: That a person is found to comply with the requirements of this chapter which are prerequisite to involvement with a liquor license. A finding of suitability relates only to the specific involvement for which it is made. If the nature of the involvement changes from that for which the applicant has been found suitable, or if, in the judgment of the board, new information concerning the applicant's suitability has become available, he may be required to submit himself to a new determination of suitability by the board.
GIFT STORE: A retail store located in a casino or a resort hotel associated with a casino, which sells souvenirs, magazines, candy, and gifts primarily to tourists. A gift store must maintain at least fifty one percent (51%) of its retail floor space dedicated to the sale of souvenirs, magazines, candy, and gifts not otherwise definable as groceries.
GOLF COURSE: Any links consisting of at least eighteen (18) holes certified by the United States Golf Association (USGA) or the Professional Golf Association (PGA) for individual and group play and which provide a variety of golf facilities, including, but not limited to, a driving range, golf lessons, professional shop, golf carts, and a clubhouse. A golf course does not include miniature golf and/or putting course facilities or electronically simulated golf courses.
GROCERIES: Staple food products meant for human consumption, articles used in the preparation of food, including meats and produce, dairy products, and ancillary related household supplies.
GROCERY STORE: A business located in a building or in a portion of a building that sells groceries at retail and has over six thousand (6,000) square feet of floor space, exclusive of warehouse and office areas, devoted to the display of such groceries.
INDIVIDUAL ACCESS: The ability of an adult guest of a resort hotel to access a secured cabinet or refrigerator in the guestroom that contains alcoholic beverages.
KEY EMPLOYEE: An individual having the power to exercise a significant influence over decisions concerning any part of the operation of a liquor licensee.
LICENSE: Any license issued pursuant to this chapter.
LICENSEE: Any person to whom a valid liquor license has been issued pursuant to this chapter.
LIQUOR CATERER LICENSE: A license that permits a caterer to serve alcoholic beverages to customers at a catered event.
LIQUOR ESTABLISHMENT: One business operated under the same management in the same building or adjoining buildings, connected by open doorways, halls, or other avenues of ingress or egress, where any alcohol is sold to the consumer in original packages or by the drink pursuant to a liquor license issued by the board.
LIQUOR STORE: A retail establishment that sells beers, wines, and liquors, in original packages, as its principal form of business and related items including magazines, newspapers, and packaged snack foods as an ancillary form of business.
MAIN BAR: A bar in a casino, resort hotel, tavern, or restaurant where alcoholic beverages are sold and dispensed by the drink to customers at such bar.
MANAGER OR GENERAL MANAGER: The individual designated as a key employee by the licensee and who is responsible for liquor sales, employee supervision, and code compliance.
MINOR: A natural person under the age of twenty one (21) years.
MORAL TURPITUDE: Any crime, including conspiracy to commit the crime which: a) involves an overt act of intentional dishonesty or fraud for the purpose of personal gain, or b) involves an act of baseness, vileness, or depravity in private and social duties that a person owes to his fellow man or to society in general.
ON PREMISES ALCOHOLIC BEVERAGE LICENSE: A license that permits the sale of alcoholic beverages by the drink or in an open package for consumption on the licensed premises only.
ON PREMISES BEER OR WINE LICENSE: The license that permits the sale of beer, wine, or spirit based products for which the alcohol content does not exceed ten percent (10%) by volume and is clearly labeled as such, by the drink or in an open package for consumption on the licensed premises only.
OWNER: Any person with an indirect or direct ownership interest in a liquor licensee, and includes any person receiving any percentage of profits directly or indirectly from liquor sales.
PACKAGE: Any immediate container of alcoholic beverage which is filled or packaged by the manufacturer or bottler for sale by any person.
PACKAGE ALCOHOLIC LIQUOR LICENSE: Permits the sale of alcoholic liquors in unopened original packages for consumption off premises only.
PACKAGE BEER OR WINE LICENSE: A license that permits the sale of beer, wine, or spirit based products for which the alcoholic content does not exceed ten percent (10%) by volume and is clearly labeled as such, in unopened original packages for consumption off premises only.
PACKAGE DELIVERY LICENSE: A license that permits the sale of beer kegs in unopened original packages for off premises consumption only.
PERSON: Includes a natural person, company, firm, association, partnership, corporation, organization, or other entity, or manager, agent, employee, or officer thereof.
PLACE OF WORSHIP OR CHURCH: A building or portion of a building that people regularly attend to participate in or hold religious services, meetings, and other activities.
PORTABLE BAR: A bar that may be moved at will, or operated intermittently, from which alcoholic beverages may be served or sold at retail directly or by waitresses or waiters to customers.
PREMISES: That portion of the building in which the licensee is located and over which he has control as owner or lessee, and the tract of land on which the building is located, including the parking lot, over which the licensee has the right to exercise authority and control pursuant to lease, agreement, ownership, or franchise.
RESORT HOTEL: Any building or group of buildings that is maintained as and held out to the public to be a hotel where sleeping accommodations are furnished to the transient public and may also include residential lodging such as condominiums, timeshare units, or fractional ownership units providing sleeping accommodations and that has:
A. More than fifty (50) rooms available for sleeping accommodations;
B. At least one bar with permanent seating capacity for more than thirty (30) patrons that serves alcoholic beverages sold by the drink for consumption on the premises;
C. At least one restaurant with permanent seating capacity for more than sixty (60) patrons; and
D. A gaming area within the building or group of buildings.
RESTAURANT: A space in a suitable building that is kept, used, maintained, advertised, or held out to be a public place where complete meals are prepared and cooked on the premises, ordered from and served by waiters or waitresses to tables or booths providing a seating capacity for at least twelve (12) persons in a room separate from the kitchen. Seating in the bar area or outside dining area is not included as restaurant seating.
RETAIL SALE OR SALE AT RETAIL: Sale to a consumer or to any person for any purpose other than resale.
ROOM SERVICE: The sale or complimentary service of alcoholic beverages to resort hotel guestrooms.
SALE: Any transfer, exchange or barter in any manner or by any means whatsoever for any consideration, including solicitation for, or receipt of an order for alcoholic beverage, or the keeping with intent to sell or exposing for sale any alcoholic beverage and delivery of any alcoholic beverage.
SCHOOL: Any public, private, or religious educational institution or class maintained or conducted for the purpose of offering a course of instruction similar to that customarily offered in the public schools of this state to students in the first through the twelfth grades.
SERVICE BAR: Any bar where drinks are prepared for service only at tables to customers by waitresses or waiters.
SPECIAL EVENT PERMIT: The license that permits the sale, by the drink, or other distribution of alcoholic beverages at such locations and as specified on such permit for a period of not more than seventy two (72) consecutive hours in length.
SPIRITS: Any liquor which contains alcohol obtained by distillation or rectification, mixed with drinking water or other substances in solution, including rum, brandy, whiskey and gin.
TAVERN: A premises, other than a casino or a resort hotel, where alcoholic beverages are sold by the drink or in an open container to the public at a bar and may include a restaurant.
WHOLESALER: Any person in possession of any alcoholic beverage who sells at wholesale to retail outlets or for the purposes of resale.
WINE: Any alcoholic liquor obtained by the fermentation of natural sugar contents of fruits or other agricultural products containing sugar. (Ord. 2008-04, 12-15-2008, eff. 7-1-2009)