The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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 (0.5%), or less, of alcohol by volume.
BREW PUB: A person or entity who manufactures no more than one hundred fifty five thousand (155,000) gallons of beer per year only at a designated licensed premises to make sales to importing distributors, distributors and to non-licensees for use and consumption only, who stores beer at the designated premises, and who is allowed to sell at retail from the licensed premises for consumption on or off the premises, provided that a brew pub licensee shall not sell for off-premises consumption more than one hundred fifty five thousand (155,000) gallons per year.
CLUB: A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or 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 their guests; provided, that such club files with the local liquor control commissioner 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 his or her name and address; and provided, further, 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 or indirectly receives, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by 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: Includes 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 are 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 individual, 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 are actually and regularly served, where sales of food account for at least 50% of gross revenues of such establishment, 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.
RETAILER: A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
SALE: Any transfer, exchange or barter in any manner, or by any means whatsoever and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
SALES AT RETAIL: Sales for use or consumption and not for resale in any form.
TO SELL: Includes to keep or expose for sale and to keep with intent to sell.
(1989 Code § 7-296) (Ord. O-19-011, 6-17-2019)