96

Section 3-96 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:

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 distilled spirits or alcoholic beverages by the drink on the premises.

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

Lounge means a separate room connected with a part of and adjacent to the licensed premises of a restaurant and/or its adjacent lobby or reception area, with all booths, stools and tables being open to view only from within the lounge. All lounges shall have a seating capacity for at least twenty (20) persons. All access and all exits to and from the lounge shall open into the restaurant and/or lobby or reception area adjoining the restaurant except that emergency exits or doors solely for service or delivery personnel are authorized.

Manufacturer means a producer or bottler of beer, wine or distilled spirits.

Premises means the definite closed or partitioned-in locality, whether room, shop or building, wherein distilled spirits are sold.

Private club means an organization existing under the laws of the state or a charter from a state or national parent organization, and having a tax-exempt status under Section 501 of the U.S. IRS Code, having at least fifty (50) members regularly paying monthly, quarterly, semiannual or annual dues, organized and operated exclusively for pleasure, recreation, and other nonprofitable purposes, owning, hiring or leasing a building or space therein for the reasonable use of its members with suitable kitchen and dining room space and equipment for cooking, preparing and serving meals for its members or guests, provided that no member or officer, agent or employee of the club is paid or directly receives, in the form of salary or other compensation, any profits from the sale of alcoholic beverages to the club or its members or guests beyond the amount of such salary as may be fixed by its members at any annual meeting or by its governing board out of the general revenue of the club.

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.

Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are actually and regularly prepared and served at any time when mixed drinks are sold or served; provided, however, that a restaurant shall not be required to serve food after 10:00 p.m., and mixed drinks shall not be sold or served at any time not allowed by this chapter. A restaurant as contemplated by this chapter shall be open for business at least five (5) days a week, with the except of holidays, vacations, and periods of redecorating, and shall also meet and maintain the requirements for restaurants with liquor pouring licenses as listed in section 3-101(2) and (3). Any establishment operated as a restaurant under the provisions of this chapter may cease to serve meals no more than thirty (30) days during any calendar year for purposes of undergoing redecorating or renovations and while continuing to serve alcoholic beverages under a liquor pouring license. Any exception from this requirement will be allowed only by the city council, in its discretion, upon request by the license holder.

Retail sale means selling or offering for sale alcoholic beverages to any member of the public by pouring for on-the-premises consumption.

School means only such state, county, city or other schools as teach the subjects commonly taught in the common schools of this state and shall not include private schools where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught.

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, 5-38(a); Ord. of 11-13-89, I; Ord of 10-22-07)

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