§ 113.01 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any and all terms used in this chapter shall, unless otherwise expressly provided herein, be defined as provided in V.T.C.A., Alcoholic Beverage Code, §§ 1.01 et seq.
   CAFÉ or RESTAURANT. Any retail business establishment principally, at all times, engaged in offering to the public and selling on the premises retail food prepared for immediate consumption and where the sale and consumption of beer is only incidental to the operation of such café or restaurant. In any action tried in the municipal court or any other court of competent jurisdiction, proof that more than 50% of the gross sales of any such business during any calendar quarter is derived from the sale of beer alone shall be prima facie proof that such business is not a café or restaurant, and proof that more than 50% of the gross sales of food by such business in any calendar quarter is derived from the sale of food on such premises to be consumed off such premises shall likewise be prima facie proof that such business is not a café or restaurant; however, any such prime facie evidence my be rebutted by any party to such action.
   LICENSE. Any beer license granted by the state to any person pursuant to V.T.C.A., Alcoholic Beverage Code.
   PERMIT. Any liquor permit granted by the state to any person pursuant to V.T.C.A., Alcoholic Beverage Code.
(Ord. 109-08, passed 9-23-08; Am. Ord. 23-104, passed 6-26-23)