4.9.1: DEFINITIONS:
As used in this chapter the following words and phrases shall have the following meanings when not inconsistent with the context. Words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural. The word shall is always mandatory and not merely directory. All words and phrases shall be given the same interpretation as that provided by state statute, except where otherwise provided by this chapter. All other words and phrases used in this chapter, the definition of which is not herein given, shall be given their ordinary and commonly understood and accepted meaning.
ALCOHOLIC BEVERAGE: Any beverage containing alcohol which is a product of distillation of any fermented liquor, or synthetic ethyl alcohol, including beer, wine, spirits, or any liquid containing alcohol, beer, wine or spirits.
BEER: Any beverage obtained by alcoholic fermentation of an infusion or decoction of barley, malt, and/or other ingredients in drinkable water.
BEER GARDEN: A geographically designated or enclosed area surrounded by fencing, with posted signage restricting consumption, approved by the city council upon recommendation of the police chief, where persons twenty one (21) years of age or older may consume or possess alcoholic beverages in compliance with the provisions of this chapter and state law.
BOTTLED BEER: Beer sold or disposed of while securely, tightly, and adequately sealed in a glass, metal or other container of a capacity not to exceed two (2) gallons.
CATERING PERMIT: A permit issued by the city clerk to serve and sell alcoholic beverages, valid for no more than three (3) consecutive days and may be designated for less by the city clerk or city council.
CITY: The city of McCall, Idaho.
CITY CLERK: The city clerk of the city of McCall, Idaho, or designated agent.
CITY COUNCIL: The city council of the city of McCall, Idaho.
LICENSE: A license issued by the McCall city clerk to a qualified person, under which it shall be lawful for the licensee to sell and dispense alcoholic beverages, as provided by this chapter.
LICENSEE: The person to whom a license is issued under the provisions of this chapter and who holds a valid state of Idaho alcohol beverage license and a valid Valley County alcohol beverage license.
LIQUOR: All kinds of liquor sold by and in a state liquor store of the state of Idaho.
OFF PREMISES BEER OR WINE LICENSE: A license authorizing a person to sell beer or wine at retail for consumption off of the licensed premises.
ON PREMISES BEER OR WINE LICENSE: A license to sell beer or wine by the individual glass or opened bottle at retail for consumption on the premises only.
PERSON: Includes an individual, firm, copartnership, association, limited liability company, corporation, or any group or combination acting as a unit, and includes the plural as well as the singular unless the intent to give a more limited meaning is disclosed by the context in which it is used.
PLACE OF BUSINESS: The place where business is carried on by the owners or agents of owners and under the control of those owners or agents.
POLICE CHIEF: The chief of police for the city of McCall, Idaho, or designated agent.
POLICE DEPARTMENT: The McCall city police department.
PREMISES: The business place in which the sale of any alcoholic beverage is authorized under this chapter and pursuant to Idaho statute.
RETAILER: Any person engaged in the sale or distribution of alcoholic beverages to the consumer, with the exception of keg beer sold by Idaho state license wholesalers, and to whom a retail license has been issued.
SPIRITS: Any beverage which contains alcohol obtained by distillation mixed with drinkable water or other substances in solution, including, among other things, brandy, rum, whiskey, vodka, and gin.
STATE: The state of Idaho.
WINE: Any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits (grapes, apples, etc.) or other agricultural products containing sugar (honey, milk, etc.) containing not more than fourteen percent (14%) alcohol by volume. (Ord. 938, 12-17-2015)