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 one-half of 1% alcohol by volume, including, but not limited to, beer, wine, and liquor as defined in this chapter.
APPLICANT. Any person making an application for a license under this chapter.
APPLICATION. A form with blanks or spaces thereon, to be filled in and completed by the applicant as his or her request for a license, furnished by the city, and uniformly required as a prerequisite to the consideration of the issuance of a license for a business.
BEER. Malt liquor containing not less than 0.5% alcohol by volume, nor more than 3.25% alcohol by weight. (This definition includes so-called “malt coolers” with the alcoholic content limits stated herein.)
BREWER. A person who manufactures beer for sale.
CHURCH. A building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God.
CLUB.
(1) 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:
(a) Has more than 50 members;
(b) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members; or
(c) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose.
(2) No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body. Such CLUB or congressionally chartered veterans’ organization must have been in existence for at least three years.
COMMISSIONER. The Minnesota Commissioner of Public Safety.
HOTEL. An establishment where food and lodging are regularly furnished to transients and which has:
(1) A dining room serving the general public at tables and having facilities for seating at least 30 guests at one time; and
(2) At least 50 guest rooms.
LICENSE. A document, issued by the city, to an applicant permitting him or her to carry on and transact the business stated therein.
LICENSE FEE. The money paid to the city pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein.
LICENSED PREMISES. The space or structure described in the issued license. In the case of a restaurant or a club licensed for on-sales of alcoholic beverages and located on a golf course, LICENSED PREMISES means the entire golf course except for areas where motor vehicles are regularly parked or operated.
LICENSEE. An applicant who, pursuant to his or her approved application, holds a valid, current, unexpired license, which has neither been revoked, nor is then under suspension from the city for carrying on the business stated therein.
LIQUOR. Ethyl alcohol and distilled, fermented, spirituous, vinous, and malt beverages containing in excess of 3.2% of alcohol by weight. (This definition includes so-called “wine coolers” and “malt coolers” with the alcoholic content limits stated herein.)
MALT LIQUOR. Any beer, ale, or other beverage made from malt by fermentation and containing not less than 0.5% alcohol by volume.
MANUFACTURER. Every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces alcoholic beverages for sale.
MINOR. Any natural person who has not attained the age of 21 years.
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 AND ORIGINAL PACKAGE. Any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped, or sealed by a manufacturer or wholesaler.
RESTAURANT. An establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having a minimum seating capacity for 125 guests.
SALE, SELL, and SOLD. All barters and all manners or means of furnishing beer, wine, or liquor to persons, including such furnishing in violation or evasion of law.
WHOLESALER. Any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse.
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. This definition includes “wine coolers” with the alcoholic content limits stated herein. For purposes of on-sale wine licenses, WINE may contain up to 14% alcohol by volume for consumption with the sale of food. For all other purposes, WINE is a product containing not less than 0.5% nor more than 24% alcohol by volume for nonindustrial use.
(2006 Code, § 5.01) (Ord. 58, 3rd Series, passed 4-2-1986; Ord. 124, 3rd Series, passed 6-5-1998)