§ 5.01 DEFINITIONS.
   As used in this chapter, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated.
   Subd. 1.   The term "alcoholic beverage" means any beverage containing more than 0.5% alcohol by volume, including, but not limited to, beer, wine and liquor as defined in this section.
   Subd. 2.   The term "applicant" means any person making an application for a license under this chapter.
   Subd. 3.   The term "application" means a form with blanks or spaces thereon, to be filled in and completed by the applicant at his or her request for a license, furnished by the city and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
   Subd. 4.   The term "beer" means malt liquor containing not less than 0.5% alcohol by volume nor more than 3.2% alcohol by weight. (This definition includes so-called "malt coolers" with the alcoholic content limits stated herein.)
   Subd. 5.   The term "brewer" means a person who manufactures beer for sale.
   Subd. 6.   The term "club" means an incorporated organization organized under the laws of the state for civic, fraternal, social or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which:
      A.   1.   Has more than 50 members;
         2.   Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; or
         3.   Is directed by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose.
      B.   No member, officer, agent or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Such club or congressionally chartered veterans' organization must have been in existence for at least three years.
   Subd. 7.   The term "Commissioner" means the Minnesota Commissioner of Public Safety.
   Subd. 8.   The term "exclusive liquor store" means an establishment used exclusively for the sale of liquor except for the incidental sale of ice, tobacco, beer, beverages for mixing with liquor, soft drinks, cork extraction devices and books and videos on the use of alcoholic beverages in the preparation of food and the establishment may offer recorded or live entertainment. "Exclusive liquor store" also includes an on-sale or combination on-sale and off-sale liquor establishment which sells food for on-premise consumption when authorized by the city.
   Subd. 9.   The term "hotel" means an establishment where food and lodging are regularly furnished to transients and which has:
      A.   A dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and
      B.   At least ten guest rooms.
   Subd. 10.   The term "license" means a document, issued by the city, to an applicant permitting him or her to carry on and transact the business stated therein.
   Subd. 11.   The term "licensee" means an applicant who, pursuant to his or her approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the city for carrying on the business stated therein.
   Subd. 12.   The term "license fee" means the money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein.
   Subd. 13.   The term "licensed premises" means the space or structure described in the issued license. In the case of a restaurant or a club licensed for on-sales of alcoholic beverages and located on a golf course, "licensed premises" means the entire golf course except for areas where motor vehicles are regularly parked or operated.
   Subd. 14.   The term "liquor" means ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2% of alcohol by weight. (This definition includes so-called "wine coolers" and "malt coolers" with the alcoholic content limits stated herein.)
   Subd. 15.   The term "malt liquor" means any beer, ale or other beverage made from malt by fermentation and containing not less than 0.5% alcohol by volume.
   Subd. 16.   The term "manufacturer" means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces alcoholic beverages for sale.
   Subd. 17.   The term "minor" means any natural person who has not attained the age of 21 years.
   Subd. 18.   The term "off-sale" means the sale of alcoholic beverages in original packages for consumption off the licensed premises only.
   Subd. 19.   The term "on-sale" means the sale of alcoholic beverages for consumption on the licensed premises only.
   Subd. 20.   The term "package" and "original package" mean any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler.
   Subd. 21.   The term "restaurant" means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having seating capacity for at least 30 guests.
   Subd. 22.   The terms "sale", "sell" and "sold" mean all barters and all manners or means of furnishing alcoholic beverages to persons, including such furnishing in violation or evasion of law.
   Subd. 23.   The term "wholesaler" means any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse.
   Subd. 24.   The term "wine" means the product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake. (This definition includes "wine coolers" with the alcoholic content limits stated herein.) For purposes of on-sale wine licenses, "wine" may contain up to 14% alcohol by volume for consumption with the sale of food. For all other purposes, "wine" is a product containing not less than 0.5%, nor more than 24%, alcohol by volume for nonindustrial use.