§ 113.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALCOHOLIC BEVERAGE. Any beverage containing more than ½ of 1% alcohol by volume.
   BONA FIDE GUEST. An individual who is invited by a club member and present with such club member on the premises of the club, provided that the inviting member is not an on-duty employee of the club, or an individual who is attending a social function sponsored by a person other than the club, who is an invited guest of the sponsor of the social function, who shall also therefore be considered a guest of the chief officer of the club.
   BREWER. A person who manufactures malt liquor for sale.
   BREW PUB. A brewer who also holds one or more retail on-sale license(s) 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 on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in M.S. § 340A.24, subd. 2.
   BREWER TAPROOM (also known as a MICROBREWERY). A facility on the premises of or adjacent to the premises owned by a brewer, licensed under M.S. § 340A.301, intended for the on-sale consumption and limited off-sale of beer produced on site by the brewer as authorized by M.S. § 340A.26.
   CATERER'S PERMIT. A permit issued by the Commissioner of public safety to a restaurant that holds an on-sale intoxicating liquor license issued by the city. The holder of a caterer's permit may sell intoxicating liquor as an incidental part of a food service that serves prepared meals at a place other than the premises for which the holder's on-sale intoxicating liquor license is issued.
   CLUB. 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:
      (1)   Has more than 30 members;
      (2)   Has owned or rented a building or space in a building for more than 1 year that is suitable and adequate for the accommodation of its members; and
      (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. No member, officer, agent or employee shall receive any profit from the distribution or sale of beverage to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.
   COCKTAIL ROOM. A facility on or adjacent to the premises of a microdistillery licensed under M.S. § 340A.22, which has been issued a cocktail room license for the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller.
   COMMISSIONER OF PUBLIC SAFETY. The Commissioner of the Minnesota Department of Public Safety.
   DISTILLED SPIRITS. 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.
   GROWLER. Malt-liquor sold off-sale by a small brewer or brew pub, which has been produced and packaged by the brewer in 64-ounce containers commonly known as growlers or in 750 milliliter bottles.
   HOTEL. An establishment where food and lodging are regularly furnished to quests and which has:
      (1)   A dining room serving the general public at tables and having facilities for seating at least 30 guests at 1 time; and
      (2)   A minimum of 10 guest rooms.
   INTOXICATING LIQUOR. Ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2% of alcohol by weight.
   MALT LIQUOR. Any beer, ale, or other beverage made from malt by fermentation and containing not less than ½ of 1% alcohol by volume. Malt liquor containing not less than ½ of 1% alcohol by volume nor more than 3.2% alcohol by weight shall be defined as 3.2% MALT LIQUOR.
   MICRODISTILLERY. A distillery operated within the state producing premium, distilled spirits in total quantity not to exceed 40,000 proof gallons in a calendar year and licensed under M.S. § 340A.22.
   NONINTOXICATING WINE. Wine containing not less than ½ of 1% alcohol by volume.
   OFF-SALE. The sale of alcoholic beverages in original packages for consumption off the licensed premises only.
   ON-SALE. The sale of alcoholic beverages for consumption on the licensed premises only.
   PACKAGE. A sealed or corked container of alcoholic beverages.
   RESTAURANT. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are served regularly on the premises and served at tables to the general public and having a minimum seating capacity for not fewer than 30 guests at 1 time. To be a restaurant as defined by this section, an establishment shall have a license from the state as required by M.S. § 157.16, as it may be amended from time to time, and meet the definition of either a SMALL ESTABLISHMENT, MEDIUM ESTABLISHMENT or LARGE ESTABLISHMENT as defined in M.S. § 157.16, subd. 3(d), as it may be amended from time to time.
   SALE. All barter and all manner of furnishing intoxicating liquor; includes dispensing intoxicating liquors or 3.2% malt liquor at a public gathering for which an admission fee has been charged, whether or not a fee is charged for the beverage dispensed.
   SMALL BREWER. A brewer licensed under M.S. § 340A.301, subd. 6(c), (i), or (j) who also holds a retail license to sell off-sale malt liquor at its licensed premises which has been produced and packaged by the brewer.
   THEATER. A building containing an auditorium in which live dramatic, musical, dance, or literary performances are regularly presented to holders of tickets for those performances. Movie theaters do not qualify as a THEATER under this definition. Alcohol may be served only during the hours in which the performance takes place and 1 hour before curtain. Only performance ticket holders may purchase alcoholic beverages for consumption on the premises.
   3.2% MALT LIQUOR. Malt liquor containing not less than ½ of 1% alcohol by volume nor more than 3.2% alcohol by weight.
   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, sherry and sake, in each instance containing not less than ½ of 1% nor more than 24% alcohol by volume for nonindustrial use. Wine does not include distilled spirits.
(1987 Code, § 406.01) (Am. Ord. 592, passed 5-23-2017)