66

Section 3-66 Definitions.

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

Adequate parking means one (1) parking space for each two hundred fifty (250) square feet of gross floor area within the store building of the applicant, but not less than a minimum of six (6) spaces. Such off-street parking shall have vehicular access to streets and be constructed of all-weather surface. All off-street parking must be on the premises and located adjacent to the sides or front of the building. Such parking shall be designed to allow for separate and coordinated lanes of ingress and egress. On the entire business premises relating to all businesses located thereon as allowed in section 3-75, the parking spaces shall not be less than the total required under this division together with other parking ordinance requirements of the city for all of such businesses.

Business area means any area which is correspondingly zoned in accordance with the city zoning ordinance.

Family means and includes any person related to the holder of a license issued under the provisions of this division within the first degree of consanguinity or affinity as determined according to the law of this state.

Fortified wines, as defined in section 3-1, are classed as liquor.

License means the authorization by the governing authority of the city to engage in the sale of packaged alcoholic beverages on the premises for a calendar year, or the remaining portion of a calendar year.

Licensee means a person, real or artificial, holding any class of license issued under the terms of this division.

Manufacturer means a producer or bottler of beer or wine.

Package store means a geographic location within the city wherein a license may be issued for the sale of packaged liquors. Such package store must be operated as a distinct business and cannot be operated in conjunction with or as a part of any other business, except as provided in this section.

Premises means that area circumscribed by the property lines of the property upon which a licensee is authorized to operate a package liquor store.

Private residence means a house, dwelling or building wherein not less than one (1) family customarily resides. This shall not apply to any of the above which has been unoccupied for a period of twelve (12) consecutive months immediately prior to the filing of an application hereunder.

Retail sale means selling or offering for sale alcoholic beverages to any member of the public.

Visibility means a full and unobstructed view of the inside cash register and service area through at least thirty (30) percent (old code said sixty (60) percent) of one (1) exterior wall fronting on a traveled street, or twenty (20) percent (old code said forty (40) percent) of each of two (2) exterior walls, at least one (1) of which fronts on a traveled street. The percentages herein are to be calculated on the surface area from the floor to ceiling or floor to eight (8) feet above the floor if the ceiling height is greater than eight (8) feet of any of the chosen walls and doorways circumscribing the sales transaction and customer service area. The required visibility hereunder may not be blocked by the display of merchandise, vending machines, window signage, window tinting, and other obstructions and must allow a clear and unobstructed view of all cash registers and sales transaction areas from outside the building in a normal line of sight. Visibility shall include inside illumination at all times of the day and night of at least ten (10) footcandles in any part of the customer service and display area.

Wholesaler means any person, firm or corporation engaged in distribution or selling to retailers for the purpose of resale, any alcoholic beverages as defined herein.

(Code 1958, 5-37(a); Ord. of 3-10-97, XI; Ord. of 5-27-02)

Cross reference--Definitions and rules of construction generally, 1-2.

(2002 (3-66), Amended, 05/27/2002, Prior Text)