3-1-1: DEFINITIONS:
   A.    General Definitions: When used in this chapter, the following defined terms shall have the following meaning:
    BARTENDER: Any person, whether agent, servant, employee, licensee, or any person in any other capacity, who pours, mixes, prepares, serves or delivers any beer, liquor or wine by the drink upon any licensed premises.
   BEER 1 : Any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley, malt, and/or other ingredients in drinkable water.
   BOARD: The Owyhee County board of commissioners.
   CATERING LICENSE: Any license obtained for the limited sale of beer, liquor, or wine off premises as permitted by the Idaho Code.
   LIQUOR 2 : 1. The product of distillation of any fermented liquor, rectified either once or oftener, whatever may be the origin thereof, or synthetic ethyl alcohol; or
      2.    Any beverage which contains alcohol obtained by distillation mixed with drinkable water and other substances in solution, including among other things, brandy, rum, whiskey and gin; or
      3.    Any liquid or solid, patented or not, containing alcohol spirits, or wine and susceptible of being consumed by a human being, for beverage purposes and containing more than four percent (4%) of alcohol by weight.
   PREMISES 3 : The building and contiguous property owned, or leased or used under a government permit by a licensee as part of the business establishment in the business of the sale of liquor by the drink or beer at retail, which property is improved to include decks, docks, boardwalks, lawns, gardens, golf courses, ski resorts, courtyards, patios, poolside areas or similar improved appurtenances in which the sale of liquor by the drink or beer at retail is authorized under the provisions of law.
   RESTAURANT 4 : Any restaurant, cafe, hotel, dining room, coffee shop, cafeteria, railroad dining car or other eating establishment having kitchen and cooking facilities for the preparation of food and where hot meals are regularly served to the public.
   RETAIL BEER LICENSE: A license for the sale of beer in the original unbroken container.
   RETAIL BEER LICENSE BY THE DRINK: A license for the sale of beer by the drink on the premises authorized by the Idaho Code and approved by the board.
   RETAIL LIQUOR LICENSE BY THE DRINK: A license for the sale of liquor by the drink on premises authorized by the Idaho Code and approved by the board.
   RETAIL WINE LICENSE: A license for the sale of wine in the original unbroken container.
   RETAIL WINE LICENSE BY THE DRINK: A license for the sale of wine by the drink on the premises authorized by the Idaho Code and approved by the board.
   RETAILER 5 : A person licensed to sell beer to consumers at premises described in the license.
   WINE 6 : Includes table wine and dessert wine, unless the context requires otherwise.
     Dessert Wine: Only those beverages that are designated or labeled, pursuant to the federal alcohol administration act, as "sherry", "madeira" or "port", which contain more than sixteen percent (16%) alcohol by volume, but do not exceed twenty one percent (21%) alcohol by volume.
     Table Wine: Any alcoholic beverage containing not more than sixteen percent (16%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added. (Ord. 90-04, 12-10-1990; amd. 2010 Code)
   B.    Other Definitions: Except as stated herein to the contrary, this chapter shall adopt the definition of all words and phrases used in Idaho Code as is presently defined in Idaho Code chapter 23 or as hereinafter altered, modified or repealed.
   C.    Ordinary Meaning: All other words used in this chapter that are not defined herein or defined in Idaho Code chapter 23 shall be given the ordinary and commonly understood and accepted meaning.
   D.    Change Of Definition: The definitions expressly set forth herein may be changed by resolution of the board. (Ord. 90-04, 12-10-1990)

 

Notes

1
1. IC § 23-1001.
2
2. IC § 23-105(a), (b), (d).
3
1. IC §§ 23-902, 23-1001(h).
4
2. IC § 23-942.
5
3. IC § 23-1001(i).
6
4. IC § 23-1303(a).