§ 5-1. 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 beverages shall mean and include all beverages containing more than one (1) percent of alcohol by weight.

Beer shall mean and include all brewed beverages containing malt.

Bottle club shall mean any business which does not hold a state license for the sale of alcoholic beverages but permits its members or customers to bring their own bottles for consumption on the business premises.

Club means a bona fide club and shall consist of persons associated together under a charter as an incorporated club, incorporated by order of the circuit court judges after their charters have been found to be for objects authorized by law and approved by such judges as organized and operated for lawful purposes and not for the purposes of dealing in or selling alcoholic beverages. Such clubs shall have a bona fide membership and shall have been in continuous active existence and operation for a period of not less than two (2) years in the county where they exist at the time of application for a license under the state beverage law, except municipally owned golf clubs and national veterans' and fraternal organizations.

Cocktail bar means a place of business licensed under the state beverage law to sell all alcoholic beverages for consumption on the premises during the hours permitted under section 5-29 of this chapter.

Consumption off the premises means consumption of beer, wine or alcoholic beverages of any kind at a place different from the place where purchased.

Consumption on the premises means consumption of beer, wine or alcoholic beverage of any kind upon premises where purchased.

Hotel bar means a bar operated in connection with a hotel, apartment hotel, motor court or motel of more than fifty (50) hotel rooms, motel rooms or separate apartments, and operated by the same owner or management, such bar being equipped with adequate and sanitary equipment. The hotel bar must be directly connected with the inside of the hotel. More than one (1) dispensing bar may be operated at the same location provided an appropriate state license has been obtained for such operation. The sale of beer, wine and liquor shall be prohibited except during the time that the hotel is actually engaged in and open to the public for operation of hotel business. No sign of any kind shall be permitted to be exhibited or displayed, visible to the outside, denoting that alcoholic beverages are obtainable therein.

Intoxicating beverages shall mean and include all liquors, wines and beers containing more than three and two-tenths (3.2) percent of alcohol by weight.

Liquor means and includes any and all distilled or rectified spirits, brandy, whiskey, rum, gin, cordials, or similar distilled alcoholic beverages, including all dilutions and mixtures of one (1) or more of the foregoing.

Nightclub shall mean any place of business operating after 11:00 p.m. and where food, alcoholic beverages and refreshments are served and sold to the public in connection with dancing, vaudeville, theatrical or similar entertainment; and where, in addition to the space occupied by chairs and tables for service of meals, there shall be provided a floor space of at least four hundred (400) square feet, suitably prepared for dancing, and a band, orchestra or other form of music or musical entertainment is provided. Before a nightclub shall commence operations, the same shall be approved by the board of adjustment, after proper notice to all property owners within a radius of three hundred (300) feet, and a public hearing thereon.

Package store means a vendor licensed by the state to sell all alcoholic beverages for consumption off the premises. The sealed package must not be broken, and the contents must not be consumed in or on the premises under such a license.

Restaurant bar means a bar operated in connection with a restaurant and by the same owner or management, and in a business-zoned area, which restaurant has all necessary equipment and supplies for and serves full course meals regularly and where the principal business is the serving of meals and having accommodations at all times for service of two hundred (200) or more patrons at tables and occupying more than four thousand (4,000) square feet of space inside a permanent building. A restaurant bar must be directly connected with such dining room and must be only a service bar for patrons of such restaurant. Stools shall be permitted at such bar and intoxicating liquors must be sold by the drink only from such bar. No package goods shall be sold from such bar, nor shall a package store be permitted upon the premises. More than one (1) dispensing bar shall be permitted to be operated at such location in connection with such dining room. The sale of beers, wines and liquors shall be prohibited except during the time the restaurant is actually engaged in and open to the public for the serving of full course meals. No sign of any kind or character shall be displayed on the restaurant or any bar visible from the outside denoting that alcoholic beverages are sold therein.

Vendor shall mean and include all persons selling at retail the beverages regulated by this chapter.

Wine shall extend to and include all beverages made from fresh fruits, berries or grapes, either by natural fermentation or by natural fermentation with brandy added, in the manner required by the laws and regulations of the United States. It shall further include all sparkling wines, champagnes, combination of such beverages, vermouths, and like products. Sugar, flavors and coloring materials may be added to wine to make it conform to the consumer's taste, provided the ultimate flavor or the color of the product is not altered to imitate a beverage other than wine or to change the character of the wine.

(Code 1953, § 5-1; Ord. No. C-73-11, § 1, 2-6-73)