§ 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:
Alcoholic beverage means any beverage containing more than one-half of one (0.5) percent alcohol by volume.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 2.
Brew pub means a brewer who also holds one (1) or more retail on-sale licenses and who manufactures fewer than three thousand five hundred (3,500) barrels of malt liquor in a year, at any one (1) licensed premises, the entire production of which is solely for consumption on tap on any licensed premises owned by the brewer, or for off-sale from those licensed premises as permitted in M.S. §340A.24, subdivision 2.
Brewer means a person who manufacturers malt liquor for sale.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 4.
Church means a building which is principally used as a place where persons of the same faith regularly assemble for the public worship of God.
Club means an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes, for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization, which:
(1)
Has more than fifty (50) members;
(2)
Has owned or rented a building or space in a building for more than one (1) year that is suitable and adequate for the accommodation of its members;
(3)
Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club, or their guests, beyond a reasonable salary or wages fixed and voted each year by the governing body.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 7.
Distilled spirits means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 9.
Eligible organization means any fraternal, religious, veterans, or other nonprofit organization which has been in existence for at least three (3) years and which has at least thirty (30) active members.
Hotel or motel means any establishment having a resident proprietor or manager, where in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than eighty (80) guest rooms with bedding and other usual, suitable and necessary furnishings in each room, which is provided at the main entrance with a suitable lobby, desk and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a restaurant as defined herein.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 13.
Interest means any pecuniary interest in the ownership, operation, management or profits of a retail liquor establishment, but does not include bona fide loans; bona fide fixed sum rental agreements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business of selling or leasing merchandise, fixtures, or supplies to such establishment; or an interest of ten (10) percent or less in any corporation holding a license. A person who receives money from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining "bona fide" the reasonable value of goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this definition shall be considered.
Intoxicating liquor means ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages, containing in excess of three and two-tenths (3.2) percent of alcohol by weight.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 14.
Licensee means any person who holds a valid, current, unexpired and unrevoked license from the city for carrying on one (1) of the businesses regulated and licensed under this chapter.
Low alcohol malt liquor means a fermented malt beverage containing two (2) percent or less of alcohol by weight.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 15a.
Manufacturer means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of materials, prepares or produces intoxicating liquor for sale.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 17.
Nonintoxicating malt liquor means malt liquor that contains not less than one-half of one percent (0.5) alcohol by volume nor more than three and two-tenths (3.2) percent alcohol by weight.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 19.
Off-sale means the sale of alcoholic beverages in original packages for consumption off the licensed premises only.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 20.
On-sale means the sale of alcoholic beverages for consumption on the licensed premises only.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 21.
Package means a sealed or corked container of alcoholic beverages.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 22.
Restaurant means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and having facilities for seating not less than thirty (30) guests at one (1) time.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 25.
Retail means sale for consumption.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 26.
Sale, sell, or sold means all forms of barter and all manner or means of furnishing merchandise to persons.
Table or sparkling wine means a beverage made without rectification or fortification and containing not more than twenty-five (25) percent of alcohol by volume and made by the fermentation of grapes, grape juice, other fruits, or honey.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 27.
Wine means sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than seven (7) percent nor more than twenty-four (24) percent alcohol by volume for nonindustrial use.
State Law reference— Similar provisions, M.S. § 340A.101, subd. 29.
(Code 1984, Title 5, § 110; Ord. No. 2017-03 , 5-22-17)