§ 6-71. 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:

Consumption on the premises license means a license issued to a sole proprietorship, partnership or corporation allowing the licensee to engage in sales of non-packaged malt beverages and wines to the general public for their use on the premises and within the structure occupied by the licensee. On the premises sales of beer and wine for consumption shall also include porch areas and patio areas which are affixed to the structure occupied by the licensee.

Election day means a period beginning one hour before the election polls open and ending one hour after the polls close.

Growler means a bottle made of glass or other material customary to the industry provided that the bottle is capable of being sealed with a cap for the purpose of complying with open container laws, and further provided that the bottle is filled by a licensee or employee of the licensed establishment from a keg.

Malt beverage (beer) means any fermented beverage made in whole or in part from malt, or any similar fermented beverage, containing less than six percent alcohol by volume.

Off—premises consumption license means a license issued to a sole proprietorship, partnership or corporation engaged in the sale of malt beverages or wines to go and not for consumption on the sales premises.

Permanent structure means any structure having the quality of construction and intended use so as to indicate its having a useful life in excess of one year from the date of its erection.

Premises means the space or area owned, leased or controlled by the licensee and used by him for the purpose of operating under the license. It shall be limited to one location for each license, and there shall be a separate license for each premises outlet.

Resident means a person whose primary residence is within the territorial limits of the county although not necessarily domiciled within the city.

Restaurant means an establishment whose sales are limited to food products sold and consumed predominantly on the premises, with no more than ten percent of sales being for nonfood items (sales of malt beverages and wines shall not be considered in reaching these definitional calculations).

Retail package means sales of malt beverages or wine packaged to go and not for consumption on the sales premises.

Sanctuary means the building located upon the grounds of any church in which the largest assembly of its members and guests can be accommodated.

Wholesale license means a license issued to a sole proprietorship, partnership or corporation engaged in the sale of malt beverages or wines on a large-scale basis, whose primary market is in direct sales to individual retailers and who does no sales to the general public within the city limits.

Wine means any vinous liquors or other fermented fruits, fortified or unfortified, containing not more than 21 percent alcohol by volume.

( Ord. No. 041816 , § 1, 4-18-2016)