Whenever used in this chapter, the following words must have the meanings ascribed in this section, unless the context clearly indicates a different meaning:
ADMINISTRATOR: The city manager for the city of Mesquite or his designee.
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 LIQUOR OR LIQUOR: The four (4) varieties of liquor, namely, alcohol, spirits, wine and beer and every liquid or solid, patented or not, containing alcohol and intended for consumption by human beings as a beverage.
BEER: Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or similar product, or any combination thereof, in water.
BILLIARD HALL: A building, part of building, or other structure kept, used, maintained, advertised or held out to the public to be a place where the game of billiards or pool may be played and which maintains for play a minimum of twelve (12) pocket billiard tables of either the full standard size of four and one-half feet by nine feet (41/2' x 9'), the bar size of three and one-half feet by seven feet (31/2' x 7'), snooker tables or any combination thereof.
BREWPUB: An establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of Nevada Revised Statutes 597.230 as may be amended or renumbered.
CATERING: A business which:
A. Prepares food at a licensed location for delivery or service to consumers in the city, and may, in conjunction therewith, provide the service of alcoholic liquor; or
B. Delivers or serves alcoholic liquors from a licensed location to consumers in the city or at a banquet reception hall located in the city which is operated by the catering business.
CITY: The city of Mesquite, Nevada, a municipal corporation.
DEMONSTRATION MEAL EVENT: An event held at a restaurant with bar or resort hotel wherein a special meal is prepared and served, with or without a fee, to invited guests only, that is not open to the public and wherein beers, wines, or spirit based products are sampled at various stages of the meal and made available for sale for off premises consumption at the time of the event.
DIVISION: The business license division of the city.
ESTABLISHMENT: Any real property including any buildings, improvements, equipment, facilities and parking lots used or maintained in connection with the operation of a business.
FINDING OF SUITABILITY: Means that, after investigation, a person is found to comply with the requirements of this chapter which are a prerequisite to involvement with an alcoholic liquor license. This chapter authorizes the city council to require that certain persons who are directly or indirectly involved with alcoholic liquor licenses be found suitable for such involvement so long as that relationship continues. 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 is found suitable, or if, in the judgment of the city council, new information concerning the applicant's suitability has become available, he may be made to submit himself for a new determination of suitability.
FULL: As used in full on-sale or full off-sale, means the sale or serving of any or all of the alcoholic beverages.
GROCERY STORE: A business located in a building or in a portion of a building which is primarily engaged in the sale of household goods and food items, such as canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry.
HOTEL: Every building or other structure kept, maintained, advertised or held out to the public to be a place where sleeping accommodations are offered at daily rates to transient guests. For purposes of this chapter, hotels must have a minimum of ninety (90) rooms used for sleeping accommodations in a single or connected structure where access to the sleeping rooms is through a foyer and hallways.
KEY EMPLOYEE: Any executive, manager, employee, agent, officer, or director of an alcoholic liquor licensee having the power to exercise significant influence or control over decisions concerning any part of the operation of the business or a manager charged with the day to day operations of the business.
LICENSE: Any license issued by the division pursuant to this chapter which authorizes the person to engage in any of the alcoholic liquor businesses as defined herein.
LICENSEE: Any person to whom a valid alcoholic liquor license has been issued and is used in this chapter in the plural as well as in the singular.
LICENSEE FEE: Any monies required by law to be paid to obtain or renew a license.
LIQUEUR: A distilled liquor produced by combining a base spirit with fruits or herbs and sweetened with sugar syrup; usually considered an after meal drink.
LIQUOR CATERING: Dispensing, serving, or selling alcoholic beverages only for consumption on the premises where the same are dispensed, served or sold during the event for which the caterer has been hired; provided, however, that a caterer's services are performed between diverse locations on a shifting and intermittent basis as opposed to a permanent location.
LIQUOR LICENSE ORIGINATION FEE OR ORIGINATION FEE: A onetime fee, which is due and payable prior to issuance of a new alcoholic liquor license applied for after the effective date hereof in accordance with sections 2-4-23 and 2-4-26 of this chapter. The fee shall not be required on a change of ownership.
MEALS: The usual assortment of foods commonly ordered at various hours of the day from a preprinted menu. Establishments with menus limited to foods such as sandwiches, items commonly known or thought of as fast food, or salads only, are not considered to meet meal service requirements.
MOTEL: Every building or other structure kept, maintained, advertised, or held out to the public to be a place that provides five (5) or more rooms as sleeping accommodations offered at a daily rate to transient guests where access to the rooms is gained from the outside.
NONPROFIT CLUB: A nonprofit organization classified in one of the categories defined in section 501 of the United States internal revenue code as being exempt from payment of federal income tax or duly organized pursuant to Nevada Revised Statutes as a nonprofit organization, that owns, rents or leases a building or space suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests, but does not include associations organized for any commercial or business purpose.
NONRESTRICTED GAMING: Shall have the same meaning as contained in Nevada Revised Statutes 463.0177, or as may be amended or renumbered.
OFF-SALE: The sale of alcoholic beverages in original sealed or corked containers for consumption off the premises where the same are sold or given away.
ON-SALE: The sale or serving of alcoholic beverages for consumption on the premises where the same are sold or given away.
OPERATION: The conduct of any business regulated or licensed by this chapter.
PREMISES: Establishment.
RESORT HOTEL: Shall have the same meaning as contained in Nevada Revised Statutes 463.01865, or as may be amended or renumbered.
RESTAURANT WITH BAR: A place or space in a suitable building kept, used, maintained, advertised and/or held out to the public to be a place in which the primary business is to serve meals and has food available for service during all times that liquor is sold and wherein there is a separation between the bar/lounge area and the dining area by a barrier sufficient to exclude minors from the bar/lounge area. The seating capacity where food is served must accommodate fifty (50) or more persons at one time.
RESTRICTED GAMING: Shall have the same meaning as contained in Nevada Revised Statutes 463.0189, or as may be amended or renumbered.
SERVICE BAR: A place at which drinks are prepared for service by employees to patrons away from the service bar area. A service bar does not permit sales directly to customers and must not include any sit down bar/lounge area. Service bars are permitted in hotels, restaurants, and in casinos.
SPECIAL EVENT PERMIT: A permit which authorizes the permittee to sell, serve, or give away alcoholic liquor for consumption only on the premises for which the permit is issued, in accordance with this chapter and chapter 12 of this title, and only for such time as specified on the permit, but not to exceed five (5) consecutive calendar days in length, unless otherwise approved in accordance with this chapter, and further provided that said permit has first been approved by the city manager.
SPIRIT BASED PRODUCTS: A distillate obtained from the fermentation of the natural contents of fruits or other agricultural products containing natural or added sugar and which contains not more than ten percent (10%) of alcohol by volume. For purposes of this chapter, spirit based products must be in the same classification as beer and wine.
TAVERN: A place where the primary business is the service or sale of alcoholic liquors at retail by the drink to the general public and is a place wherein no other business, except gaming, nongambling games (e.g., pool, darts, etc.) or a dance hall is conducted. A tavern may sell or give away cigars, cigarettes, tobacco, nuts, jerky, popcorn, potato chips, short order menus and pretzels. A restaurant or lunch counter may be operated in the same building with a tavern.
WHOLESALE/IMPORT: A business in which the owner is authorized to sell liquor as it is originally packaged to retail establishments or other wholesalers or is authorized to be the first person in possession of alcoholic liquors within the state after completion of the act of importation into the state of Nevada. (Ord. 402, 7-8-2008, eff. 7-31-2008)