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5.01 - Definitions § 5.01 Chapter5 ALCOHOLIC BEVERAGES LICENSING AND REGULATION Section 5.ol: Definitions As used in this Chapter, unless otherwise stated in specific sections, the following words and terms shall have the meanings stated: Source: City Code Effective Date: 6-30-88 1. Alcoholic Beverage: means any beverage containing more than one-half of one percent alcohol by volume. Source: Ordinance No. 121, 2nd Series Effective Date: 12-15-94 2. Applicant: means any person making an application for a license under this Chapter. 3. Application: means a form with blanks or spaces thereon, to be filled in and completed by the applicant as the applicant's request for a license, furnished by the City and uniformly required as a prerequisite to the consideration of the issuance of a license for a business. Source: City Code Effective Date: 6-30-88 4. Beer: means "malt liquor" as defined herein. Source: Ordinance No. 55, 2nd Series Effective Date: 1-17-91 5. Brewer: means a person who manufactures beer for sale. 6. Brewpub: A Class III Restaurant establishment, as defined in City Code, that is also licensed by the City to brew malt liquor, such as beer or ale, on site for sale and consumption on the premises, or for sale in sealed containers for consumption off the premises. Source: Ordinance No. 537, 2nd Series Effective Date: 1-30-15 7. 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. Golden Valley City Code Page 1 of 4 § 5.01 Such club or congressionally chartered veterans' organization must have been in existence for at least three (3) years. 8. Commissioner: means the Minnesota Commissioner of Public Safety. Source: City Code Effective Date: 6-30-88 9. Distilled Spirits: means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin or other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use. Source: Ordinance No. 570, 2nd Series Effective Date: 8-14-15 10. Exclusive Liquor Store: means an establishment used exclusively for the sale of liquor except the incidental sale of ice, tobacco, liqueur-filled candies, beer, beverages for mixing with liquor, and soft drinks. Source: Ordinance No. 46, 2nd Series Effective Date: 10-25-90 11. Growler: shall have the meaning given such term in Section 5.33 of the City Code. Source: Ordinance No. 570, 2nd Series Effective Date: 8-14-15 12. Hotel: means an establishment where food and lodging are regularly furnished to transients and which has: 1) a dining room serving the general public at tables and having facilities for seating at least thirty (30) guests at one time; and 2) at least twenty-five (25) guest rooms. Source: Ordinance No. 121, 2nd Series Effective Date: 12-15-94 13. License: means a document, issued by the City, to an applicant permitting such applicant to carry on and transact the business stated therein. 14. Licensee: means an applicant who, pursuant to such approved application, holds a valid, current, unexpired license, which has neither been revoked nor is then under suspension, from the City for carrying on the business stated therein. 15. License Fee: means the money paid to the City pursuant to an application and prior to issuance of a license to transact and carry on the business stated therein. 16. Licensed Premises: means the premises described in the issued license. 17. Liquor: means ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight. (This definition includes so-called "wine coolers" and "malt coolers" with the alcoholic content limits stated herein.) Golden Valley City Code Page 2 of 4 § 5.01 18. Malt Liquor: means any beer, ale, or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume. Source: City Code Effective Date: 6-30-88 19. Manager: means the person designated by the owner(s) as the individual who has direct control and supervision over the licensed premises with full power to bind the liquor licensee in all of its relationships with the City. 20. Manufacturer: means every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by the combination of different materials, prepares or produces alcoholic beverages for sale. Source: Ordinance No. 46, 2nd Series Effective Date: 10-25-90 21. Microdistillery: means a distillery operated within the City producing premium, distilled spirits in total quantity not to exceed forty thousand (40,000) proof gallons in a calendar year. Source: Ordinance No. 570, 2nd Series Effective Date: 8-14-15 22. Non-intoxicating malt liquor: means malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight. Source: City Code Effective Date: 6-30-88 23. Off-Sale: means the sale of alcoholic beverages in original packages for consumption off the licensed premises only. 24. On-Sale: means the sale of alcoholic beverages for consumption on the licensed premises only. 25. Package and Original Package: mean any container or receptacle holding alcoholic beverages, which container or receptacle is corked, capped or sealed by a manufacturer or wholesaler. Source: Ordinance No. 180, 2nd Series Effective Date: 6-11-98 26. 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 a seating capacity for at least thirty (30) guests and whose gross receipts are at least seventy percent (70%) attributable to the sale of food and non-alcoholic beverages. Source: Ordinance No. 316, 2nd Series Effective Date: 11-26-04 Golden Valley City Code Page 3 of 4 § 5.01 27. Sale, Sell and Sold: mean all barters and all manners or means of furnishing alcoholic beverages to persons, including such furnishing in violation or evasion of law. 28. Wholesaler: means any person engaged in the business of selling alcoholic beverages to a licensee from a stock maintained in a warehouse. Source: City Code Effective Date: 6-30-88 29. Wine: means the product made from the normal alcoholic fermentation of grapes, including still wine, 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 one-half of one percent nor more than twenty-four percent (24%) alcohol by volume for nonindustrial use. Wine does not include ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof. Source: Ordinance No. 121, 2nd Series Effective Date: 12-15-94 Renumbering Source: Ordinance Ordinance No. 180, 2nd Source: Effective Date: 6-11-98 Renumbering Source: (6-26) Ordinance No. 537, 2nd Source: Effective Date: 1-29-15 Renumbering Source: (9-29) Ordinance No. 570, 2nd Source: Effective Date: 8-14-15 Golden Valley City Code Page 4 of 4