For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
3.2% MALT LIQUOR. A malt liquor that contains not more than 3.2% of alcohol by weight and not less than 0.5% alcohol by volume.
CLUB. Any corporation duly organized under the laws of the state for civic, fraternal, social or business purposes or for intellectual improvements or for the promotion of sports, or a congressionally chartered veterans organization, which must have more than 50 members, and which must for more than a year have owned, hired or leased a building or space in a building of an extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members and whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees are paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the CLUB, or to its guests, beyond the amount of a reasonable salary or wages as may be fixed and voted each year by the directors or other governing body.
EXCLUSIVE LIQUOR STORE.
(1) An on-sale or off-sale or combination on-sale or off-sale establishment used exclusively for the sale of intoxicating liquor at retail and under the control of an individual owner or manager and as an incident thereof may also sell ice, all forms of tobacco, 3.2% malt beverages, soft drinks and all other items that are set forth in M.S. § 340A.412, subd. 14, as it may be amended from time to time, at retail.
(2) An EXCLUSIVE LIQUOR STORE includes an on-sale or combination on-sale and off-sale establishment operating a restaurant or selling food for consumption on the premises.
HOTEL. Any establishment having a resident proprietor or administrator, where in consideration of payment therefor food or lodging are regularly furnished to transients and which maintains for the use of its guests not less than ten guest rooms, with bedding and other suitable and necessary furnishings in each room, and which is provided with a suitable lobby, desk and office for registration of its guests, on the ground floor, and which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and as an integral part thereof a dining room with appropriate facilities for seating not less than 30 guests at one time, where the general public is, in consideration of payment therefor, served with meals at tables.
INTOXICATING LIQUOR and LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous and malt liquors containing in excess of 3.2% of alcohol by weight.
MANUFACTURER. A person who, by a process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces intoxicating liquor.
MINOR. A person under the age specified in M.S. § 340A.503, as it may be amended from time to time.
OFF-SALE. The sale of liquor or 3.2% malt liquor in original package in retail stores for consumption off the licensed premises only.
ON-SALE. The sale of liquor or 3.2% malt liquor for consumption on the premises only.
ON-SALE WINE. The sale of wine not exceeding 14% alcohol by volume in premises licensed under this section which meet the qualifications of M.S. § 340A.404, subd. 5, as it may be amended from time to time, and this chapter. A holder of an ON-SALE WINE license who is also licensed to sell 3.2% malt liquor at on-sale pursuant to M.S. § 340A.411, as it may be amended from time to time, and whose gross receipts are at least 60% attributable to the sale of food, may sell intoxicating malt liquors at on-sale without an additional license.
PACKAGE or ORIGINAL PACKAGE. Any container or receptacle holding liquor or 3.2% malt liquor, which container or receptacle is corked or sealed.
RESTAURANT. Any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals to not less than 30 guests at one time and where meals are regularly furnished at tables to the general public and which employs an adequate staff to provide the usual and suitable service to its guests, and the principal part of the business of which is the serving of foods.
SALE, SELL and SOLD. All barters, and all manners or means, of furnishing intoxicating liquor and including such furnishing in violation or evasion of law.
SUNDAY SALE. The sale of liquor by the glass for consumption on the premises, in conjunction with the serving of food by the licensee, pursuant to a special license therefor issued by the city as authorized by state law.
TAVERN. A place other than a bona fide club that in addition to serving its guests 3.2% malt liquor, the premises is used, maintained, advertised or held out to the public to be where:
(1) Music of any kind whatsoever is played that is live or recorded by a band or orchestra or by a machine or device of any kind whatsoever; or
(2) There is singing, dancing, vaudeville, stage shows or any other amusement of any kind whatsoever.
WHOLESALER. A person who sells alcoholic beverages to persons to whom sale is permitted under M.S. § 340A.310, as it may be amended from time to time, from a stock maintained in a warehouse in the state.
WINE. 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, in each instance containing not less than 0.5%, nor more than 24%, alcohol by volume for non-industrial use. WINE does not include distilled spirits.
(Prior Code, § 1200.01)