Subdivision 1. For purposes of this chapter, and in addition to those definitions not inconsistent with this chapter contained in Minnesota Statutes, chapter 340A, the terms defined in this subsection have the meaning given them.
Subd. 2. “3.2 malt liquor” means malt liquor containing not less than one-half of one percent alcohol by volume and not more than 3.2 percent alcohol by weight.
Subd. 3. “Bar” means a counter at which alcoholic beverages are served to customers.
Subd. 4. “Brew Pub” as used in this Chapter, means a Brewer who also holds one or more retail on-sale licenses and who manufactures fewer than 3,500 barrels of malt liquor in a year, at any one licensed Premises, the entire production of which is solely for consumption on tap at the location where produced, or for off-sale from those licensed premises as permitted in Minnesota Statutes Section 340A.24, Subdivision 2. (Added, Ord. No. 18-04, Sec. 1)
Subd. 5. “Brewer” means a person who manufactures malt liquor for sale.
Subd. 6. “Commissioner” means the commissioner of public safety of the state of Minnesota.
Subd. 7. “Display” means the keeping, storing and permitting to be kept or stored of an alcoholic beverage which has been poured, dispensed or has had its package seal broken, on, in or at any table, booth, bar or other area of a licensed premises accessible to the general public.
Subd. 8. “Distilled spirits” means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. (Added Ord. No. 15-10)
Subd. 9. "Distilled spirits manufacturer" means a distillery operated within the state producing distilled spirits in a total quantity exceeding the proof gallons limit for a microdistillery, 40,000 proof gallons, in a calendar year. (Added, Ord. No. 23-04)
Subd. 10. "Hotel" means and includes (i) an establishment where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 50 guest rooms with bedding and other usual, suitable and necessary furnishings in each room which is provided at the main entrance with a suitable lobby, desk and office for the registration of its guests, which employs an adequate staff to provide suitable and usual service, and which is under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than 150 guests where the general public is, on consideration of payment therefor, served meals at tables; and (ii) an establishment consisting of the premises sought to be licensed and the immovable fixtures located thereon has a fair market value of at least $1,000,000. In determining the fair market value to assign to the establishment, the council may rely upon real estate tax information and other factors it deems appropriate.
Subd. 11. "Interest" means an interest, pecuniary or otherwise, in the ownership, operation, management or profits, of a retail liquor establishment, but does not include (i) bona fide loans; (ii) bona fide fixed sum rental agreements; (iii) bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures or supplies to the establishment. A person who receives monies from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, is deemed to have a pecuniary interest in such retail license: in determining "bona fides", the reasonable value of the goods or things received as consideration for any payment by the licensee and other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section will be considered.
Subd. 12. "Intoxicating liquor" means ethyl alcohol, distilled, fermented, spiritous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight.
Subd. 13. "Malt liquor" means any beverage made from malt by fermentation, or by the fermentation of malt substitutes, including rice, grain of any kind, glucose, sugar, molasses, or other malt substitute that has not undergone distillation, and that contains not less than one-half of one percent alcohol by volume. "Beer" means any beverage meeting the definition of malt liquor under this subdivision. (Added, Ord. 23-04)
Subd. 14. "Manufacturer" means a person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces intoxicating liquor for sale. (Added Ord. No. 15-10)
Subd. 15. "Microdistillery" has the meaning set forth in subsection 505.09, subd. 81 (zoning code). (Added Ord. No. 15-10)
Subd. 16. "Package" or "original package" means corked or sealed container or receptacle holding an alcoholic beverage.
Subd. 17. "Premises" means the square foot area constituting the establishment to be licensed, and which is described in the license application. Premises may include outdoor areas immediately adjacent to a building or structure comprising the remainder of the licensed premises including, but not limited to, porches, decks and patios.
Subd. 18. "Restaurant" shall have the definition given based upon the specific license types as provided throughout this Code. (Amended, Ord. No. 17-10)
(Amended, Ord. Nos. 97-13; 14-20, Added, Ord. No. 15-10)
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