§ 115.02  DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AFTER HOURS BUSINESS.  Any business open during any time between the hours of 2:00 a.m. to 6:00 a.m. any day of the week and where patrons are allowed to bring their own beer and wine onto the business premises.
   BEER.  Any liquid capable of being used for beverage purposes made by the fermentation of an infusion in potable water of barley, malt and hops, with or without unmarred grains or decorticated and degerminated grains or made by the fermentation of or by distillation of the fermented products of fruit, fruit extracts or other agricultural products, containing more than 0.5% of alcohol by volume but not more than 5% of alcohol by weight but not including mixed drinks or distilled spirits; or, as otherwise defined by succeeding state legislation.
   BUSINESS PREMISES OR LICENSED PREMISES.  All buildings and properties including parking lots owned or leased for the benefit of the operation of the after hours business.
   DESIGNATED SECURITY EMPLOYEE.  An agent, contract employee, independent contractor, servant or employee of a licensee or permittee who works in a security position in any capacity at a commercial establishment licensed or permitted under this chapter.
   DISTILLED SPIRITS.  Any beverage which contains alcohol obtained through distilling fermented fruits, grains, vegetables or other agricultural product, including any beverage containing a solution or mixture of alcohol. This definition includes, but is not limited to, whiskey, rum, vodka, gin, tequila, bourbon, cognac, brandy, schnapps and liqueurs.
   HOTEL or MOTEL.  Premises licensed by the State Department of Inspections and Appeals and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests and with 20 or more sleeping rooms.
   MIXED DRINKS.  Any beverage containing a mixture or combination of distilled spirits and other ingredients.
   PERSON.  Any individual, association, partnership, corporation or club owning or operating an after hours business.
      (1)   The person has financial standing and good reputation as will satisfy the city that the person will comply with this chapter and all laws, ordinances and regulations applicable to the person’s operations under this chapter:
         (a)   In evaluating an applicant’s FINANCIAL STANDING, the city may consider the following. An applicant’s financial standing may include, but is not limited to, verified source(s) of financial support and adequate operating capital for the applicant’s proposed after hours business, a record of prompt payment of local or state taxes due, a record of prompt payment to the city and the various utility companies of fees or charges due the city or the utility companies for municipal services or utilities provided and prompt payment of or satisfaction of any fee, fine or civil penalty imposed pursuant to any chapter of this code;
         (b)   In evaluating an applicant’s GOOD REPUTATION, the city may consider such factors as, but not limited to, the following: a pattern or practice of violating any of the requirements or prohibitions set out in this chapter to which the licensee or licensee’s agents or employees have pleaded guilty or been found guilty in a criminal court or have been otherwise sanctioned under this chapter, a pattern or practice of violating any of the state alcoholic beverages laws and regulations for which corrective action has been taken, including suspension or revocation of government issued liquor licenses, convictions of the licensee of laws relating to operating a motor vehicle while under the influence of drugs or alcohol, convictions of any laws relating to illegal drug use, possession or sale, convictions of misdemeanor charges, their recency and severity; and
         (c)   In evaluating an applicant’s good reputation, the city may consider the following: a pattern or practice of operating any business in a manner to create a nuisance as defined by Chapter 97, regardless of whether or not the nuisance was subsequently abated or whether official action was taken by the city or other government agency.
      (2)   The person is not subject to or prohibited from obtaining a liquor control license or a wine or beer permit;
      (3)   Notwithstanding division (5) below, the applicant is a citizen of the United States and a resident of the state, or licensed to do business in the state in the case of a corporation. Notwithstanding division (5) below, in the case of a partnership, only one general partner need be a resident of the state;
      (4)   The person has not been convicted of a felony. However, if the person’s conviction of a felony occurred more than five years before the date of the application for a license or permit, and if the person’s rights of citizenship have been restored by the governor, the city may determine that the person is of good moral character notwithstanding the conviction; and
      (5)   The requirements of this definition apply to the following;
         (a)   Each of the officers, directors and partners of the person;
         (b)   A person who directly or indirectly owns or controls 10% or more of any class of stock of the person;
         (c)   A person who directly or indirectly has an interest of 10% or more in the ownership or profits of the person; and
         (d)   For the purposes of this definition, an individual and the individual’s spouse shall be regarded as one person.
   WINE.  Any beverage containing more than 5% of alcohol by weight but not more than 17% of alcohol by weight or 21.25% of alcohol by volume obtained by the fermentation of the natural sugar contents of fruits or other agricultural products but excluding any product containing alcohol derived from malt or by the distillation process from grain, cereal, molasses or cactus; or distilled spirits; or as otherwise defined by succeeding state legislation.
(Ord. 2008-13, passed 7-29-2008)