§ 3-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine.

Beer or malt beverage means any alcoholic beverage obtained by any fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water containing not more than six percent alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term "malt beverage" does not include sake, known as Japanese rice wine.

Distilled spirits or spirituous liquor means any alcoholic beverage obtained by distillation or containing more than 21 percent alcohol by volume, including, but not limited to, all fortified wines.

Fortified wine means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. Fortified wine includes, but is not limited to, brandy.

Hotel means any building or other structure providing sleeping accommodations for hire to the general public, either transient, permanent, or residential. Such hotels shall maintain a minimum of 25 rooms available for hire. Motels meeting the qualifications set out in this section for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of any licensed establishment, and the holder of such franchise shall be included in the definition of a hotel pursuant to this section.

Licensee means the individual to whom a license is issued and, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation.

Liter means metric measurement currently used by the United States.

Lounge means a separate room, with a seating capacity for a minimum of 50 people, connected with or a part of a restaurant or located in hotels, all booths, stools, and tables being unobstructed and open to view. A lounge which is operated on a different floor in the premises, or in a separate building, or is not connected to or part of a restaurant shall be considered a separate establishment and shall be separately licensed.

Manufacturer means any maker, producer, or bottler of an alcoholic beverage. Manufacturer also means:

(1)

In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits.

(2)

In the case of malt beverages, any brewer.

(3)

In the case of wine, any vintner.

Nightclub means an establishment having the seating capacity of at least 50 persons, with all booths and tables being unobstructed and open to view, and providing a band and/or other professional entertainment a minimum of 20 days per month, each and every month, with the exception of holidays, vacations, and periods of redecorating. All such nightclubs shall maintain an adequate kitchen with a sufficient number of servants and employees for cooking, preparing and serving food and meals for their patrons, provided that nightclubs located in hotels having dining room and kitchen facilities may be excluded from maintaining a kitchen in connection with such nightclub. The principal business of such nightclubs shall be entertainment, and the serving of food and of alcoholic beverages shall be only incidental thereto.

Package means a bottle, can, keg, barrel, or other original consumer container.

Private club means an association, partnership, or corporation organized and existing under the laws of the state, actively in operation within the city at least one year immediately prior to the application for a license pursuant to this chapter; having at least 75 members regularly paying monthly, quarterly, or semiannual dues; organized and operated exclusively for pleasure, recreation, and other nonprofitable purposes, no part of the net earning of which inures to the benefit of any shareholder or member; and owning, hiring, or leasing a building or space therein for the reasonable use of its members; provided, that no member or officer, agent or employee of the club is paid, directly or indirectly receives, in the form of salary or other compensation, any profits of the sale of alcoholic beverages to the club or its members or guests beyond the amount of such as may be fixed by its members at any annual meeting or by its governing board out of the general revenue of the club.

Restaurant means any public place selling prepared food for consumption by the public on the premises with a full service kitchen. A full service kitchen will consist of a three compartment pot sink, a stove or grill permanently installed, and refrigerator all of which must be approved by the health and fire departments. Such restaurant will be prepared to serve food every hour it is open and where these establishments can seat 50 or more persons. At least two meals per day shall be served at least six days a week, with the exception of holidays, vacations, and periods of redecorating; and the serving of such meals shall be the principal business conducted, with the serving of alcoholic beverages to be consumed on the premises as only incidental thereto.

Retailer, retail dealer, retail licensee, or retail outlet means any person or other legal entity selling alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale.

Tavern means any establishment or room, with a seating capacity for less than 50 people, serving only the alcoholic beverages for which it is licensed on the premises.

Wholesaler or wholesaler dealer means any person who sells alcoholic beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers.

Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. Wine includes, but is not limited to, all sparkling wines, rectified wines, and like products. The term "wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this section.

(Ord. No. 499, 4-9-98)