§ 6-1. 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:

Alcoholic liquor includes "alcohol," "spirits," "wine," and "beer" and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent or less of alcohol by volume.

Banquet hall means a building or other structure kept, used, maintained, advertised and held out to the public solely for private functions.

Beer means a beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water, and includes among other things, beer, ale, stout, lager beer, porter and the like.

Beer garden means a porch or other area that is not fully enclosed within a building on property owned or controlled by the holder of a Class A, Class B, Class F2, or Class G liquor license. The beer garden, porch or other area shall be fully enclosed by an opaque, six-foot high fence. The fence shall have a gate that is at least 36 inches wide and six feet in height. The gate shall be equipped with an Alarm Panic Bar. The beer garden shall not be more than one-third the total gross square footage of the principle area of business of the licensed premises, but shall not in any case exceed 1,000 square feet. Any beer garden must be located 100 feet or more from a residential zone. If entertainment in the form of music, bands, groups, amplification systems or loud noise of any kind is offered in a beer garden, the beer garden shall be located 250 feet or more from a residential zone. Distances shall be measured from the point of the beer garden area closest to a residential zone to the closest property line of that residential zone. In addition, any beer garden must be located no less than 20 feet from any roadway and no less than ten feet from any property line. Sale and consumption of alcohol in a beer garden shall be permitted only between the hours of 12:00 noon and 10:00 p.m. on all days, except Friday, Saturday and legal holidays, when sale and consumption of alcohol in the beer garden must cease at 10:30 p.m. A beer garden may only be open for business from Memorial Day to Labor Day.

Champagne means any "wine," as defined herein, further characterized by effervescence caused by fermentation and the consequent generation of carbon dioxide.

Club means a corporation organized under the laws of the state, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues, and owning or hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and guests.

Hotel means every building or other structure, kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the sleeping accommodations and dining rooms being conducted in the same building in connection therewith and such building or structure being provided with adequate and sanitary kitchen and dining room equipment and capacity.

Licensed premises means every building, establishment, structure, place of business or location, whether or not enclosed from the elements, used for the retail sale of alcoholic liquor or where any retail sale or business of alcoholic liquor takes place or occurs.

Off-site catering business means a business which serves food at a location not owned or leased by such business.

Private function means a prearranged private party, function or event for a specific social or business occasion, either by invitation or reservation and not open to the general public, where the guests in attendance are served in a room designated and used exclusively for the private party, function or event.

Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.

Retail sale means the sale of alcoholic liquor for use or consumption and not for resale.

Sale or sell means any transfer, exchange or barter in any manner, or by any means whatsoever, including, but not limited to, a transaction involving telephone, mail, facsimile, Internet or any other electronic or remote messaging device, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. The taking of an order for immediate or future remote delivery shall also be deemed a sale.

Spirits means any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.

Wine means any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as above defined.

(Ord. No. 25-2004, § 2(3-1), 10-18-2004; Ord. No. 2006-10, § 2, 6-5-2006)