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BULLET St. Louis City Revised Code Chapter 14.01 Definitions

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 14.01
Definitions

Sections:

14.01.010 Generally.
14.01.020 Definitions.
14.01.030 Ballroom.
14.01.040 Boat.
14.01.050 Club.
14.01.060 C.O.L. license.
14.01.070 Commissioner.
14.01.080 Common eating and drinking area.
14.01.085 Conducting business.
14.01.090 Controlled access liquor cabinet.
14.01.100 Controlled access liquor cabinet system.
14.01.110 Convention trade area.
14.01.112 Corporate signature.
14.01.120 Disorderly place.
14.01.130 Drink license.
14.01.140 Employees.
14.01.145 Et al.
14.01.150 Hotel.
14.01.160 Intoxicating liquor.
14.01.170 Lewd and indecent conduct.
14.01.180 License.
14.01.190 Licensed premises.
14.01.192 Majority.
14.01.200 Mall.
14.01.210 Motion picture theater.
14.01.220 Motor vehicle service station.
14.01.230 Nonintoxicating beer.
14.01.240 Nonresident wholesaler, manufacturer and distributor.
14.01.250 Obscene.
14.01.260 Off-premises gift shop.
14.01.270 Original package.
14.01.280 Package license.
14.01.290 Performance.
14.01.300 Person.
14.01.310 Petition circle.
14.01.315 Picnic group--Defined.
14.01.320 Picnic license.
14.01.330 Places of entertainment--Places of Amusement.
14.01.340 Premises.
14.01.342 Private place.
14.01.343 Public place.
14.01.344 Property owner.
14.01.350 Qualified establishment (restaurant/bar).
14.01.360 Qualified packages or containers.
14.01.370 Registered guest.
14.01.380 Resort.
14.01.390 Restaurant bar.
14.01.400 Retail license.
14.01.410 Room.
14.01.420 Standard size bowling lane.
14.01.425 Sunday ballroom license.
14.01.426 Sunday convention trade area license.
14.01.427 Tenant.
14.01.430 3:00 a.m. closing permit.
14.01.440 Transportation company.
14.01.450 Wholesale liquor dealing agent.

City Counselor Ops.: 8456, 9355

14.01.010 Generally.

This title and title shall be known and may be cited as the "Liquor Control Laws of the City of St. Louis."
(Ord. No. 68536, 2, 12-15-2009.)

14.01.020 Definitions.

For the purposes of this title the terms herein used shall have the meaning given in this chapter.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.030 Ballroom.

A single facility that is at least fifty (50) years old, located in a business district, with a seating capacity of at least six hundred (600) persons, and with a dance floor of at least four thousand eight hundred (4,800) square feet.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.040 Boat.

The term "boat" shall means any watercraft, boat or barge, docked, or operating on a river passing through the City limits and which docks within the City limits as defined by law.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.050 Club.

The term "club" shall means any organization whether incorporated or not, of fifty (50) or more members, twenty-one (21) years old or older, not formed for profit, where the property and equipment of the organization, exclusive of real estate and alcoholic beverages, belongs to the members thereof, and is of the value of at least one thousand dollars ($1000.00) according to invoices.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.060 C.O.L. license.

The term "C.O.L. license" shall mean a license that permits the consumption of intoxicating liquor and nonintoxicating beer on any premise(s) where food, beverages or entertainment are sold or provided for compensation. The license shall not permit he drinking or consumption of intoxicating liquor or nonintoxicating beer in or upon the licensed premise(s) by any person under twenty-one years of age, or by any other person between the hours of 1:30 a.m. and 6:00 a.m. on any weekday, and between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.070 Commissioner.

The term "Commissioner" shall mean the Excise Commissioner, and, where not otherwise indicated by the context, his deputy or any of his duly appointed subordinates.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.080 Common eating and drinking area.

"Common eating and drinking area" means:

A. An area or areas within a building or group of contiguous buildings, approved by the Excise Commissioner, designated for eating of food and drinking of intoxicating liquor or nonintoxicating beer sold at retail by establishments which do not provide areas within their premises for the consumption of food and liquor;

B. Where the costs of maintaining such area or areas are shared by the payment of common area maintenance charges as provided in the respective leases permitting the use of such area; or otherwise; and

C. Where the annual gross income from the sale of prepared meals or food consumed in such common eating and drinking area is or is projected to be at least two hundred and seventy-five thousand dollars.

D. Said common eating and drinking area is located within a mall.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.085 Conducting business.

The term "conducting business" shall mean the operation of a business in a building or on a parcel of land which has either a business license from the City of St. Louis or a professional license from the State of Missouri.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.090 Controlled access liquor cabinet.

The term "controlled access liquor cabinet" shall mean a closed container, either refrigerated in whole or in part or non-refrigerated, access to the interior of which is restricted by means of a locking device which requires the use of a key.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.100 Controlled access liquor cabinet system.

The term "controlled access liquor cabinet system" shall mean a system for the sale of intoxicating liquor in qualified packages or containers in the rooms provided for the overnight accommodation of transient guests in a qualified establishment by means of a controlled access liquor cabinet, and such system shall permit the licensee to maintain in the rooms provided for the overnight accommodation of transient guests a controlled access liquor cabinet in which such licensee may maintain for sale intoxicating liquor in qualified packages or containers, together with, if desired, other beverages or food, and such system shall permit the adult registered guests of the room in which such controlled access liquor cabinet is located to use the key, magnetic card or other similar device to gain access to such controlled access liquor cabinet to obtain the intoxicating liquor or other beverages or food for consumption.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.110 Convention trade area.

The term "convention trade area" shall mean the entire area within the corporate boundaries of the City of St. Louis, except for such areas as may be designated by ordinance.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.112 Corporate signature.

The term "corporate signature" shall mean the signature of a corporate president and/or the secretary and such signature shall include the name of the Corporation and the title of the individual who signs for the corporation.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.120 Disorderly place.

The term "disorderly place" shall include, but not be limited to, any licensed premises which are found by the Commissioner to be open to and frequented by persons who so conduct themselves there as to violate the law, create disturbances, fight or otherwise disturb the general peace or the peace of individuals.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.130 Drink license.

The terms "full drink license," "full drink Sunday license" or "drink license (22% drink license)," means a license or permit for the retail sale of intoxicating liquor and/or nonintoxicating beer by the drink for consumption on the premises where sold. A person to whom such drink license has been issued under the provisions of this chapter or title shall also be permitted to sell in the original package for consumption off premises such intoxicating liquor and/or nonintoxicating beer as he is permitted to sell by the drink under the terms of the license held by him. The above general definition shall be applicable to the drink licenses which may be issued under this chapter or title, unless otherwise provided by the specific definition thereof or by conditions imposed by the Excise Commissioner. The drink licenses which may be issued under this chapter, title, and the definitions thereof, are as follows:

A. Full Drink License. "Full drink license" means a license that shall permit the retail sale of intoxicating liquor and nonintoxicating beer. This license authorizes the licensee to sell intoxicating and nonintoxicating beer by the drink for consumption on the licensed premises from 6:00 a.m. to 1:30 a.m. Monday through Saturday.

B. Full Drink Sunday License. "Full drink Sunday license" means a license that shall permit the retail sale on Sundays of intoxicating liquor and nonintoxicating beer. This license authorizes the licensee to sell intoxicating liquor and nonintoxicating beer by the drink for consumption on the licensed premises from 9:00 a.m. and midnight on Sunday. If the licensed premise(s) is located on the grounds of a sports stadium used primarily for professional sporting events, intoxicating liquor and nonintoxicating beer by the drink at retail for consumption on the premises may be sold between the hours of 8:00 a.m. and midnight on Sunday. Such license may only be issued where the licensed premises are a restaurant, as that term is defined in this chapter, and may only be issued to persons to whom a City full drink license has been issued. A full drink Sunday license shall be null and void any time the corresponding full drink intoxicating liquor license has been suspended, canceled or revoked by a decision of the Excise Commissioner or has been allowed to lapse by the licensee.

C. Drink License (22% Drink License). The term "drink license" shall mean a license that shall permit the sale of wine containing alcohol not in excess of 22% by weight, malt liquor containing alcohol not in excess of 5% by weight, and nonintoxicating beer.

D. 5% Drink License (Beer License). The term "5% drink license (beer license) shall mean a license that permits the sale of malt liquor containing alcohol not in excess of 5% by weight and nonintoxicating beer.

E. Special Sports Stadium License. The term "special sports stadium license" shall mean a license that permits the holder thereof to sell malt liquor, malt liquor containing alcohol not in excess of 5% by weight and nonintoxicating beer, for consumption only on the premises where sold, between the hours of 11:00 a.m. on Sunday and 1:30 a.m. on the following Monday. Such license may only be issued: (1) where the licensed premises is a sports stadium, arena or auditorium used primarily for exhibition of professional sporting events and (2) only to a person who possesses a valid drink license issued under the provisions of this chapter or title.

F. Ballroom Sunday Sales Permit. The term "ballroom Sunday sales permit" shall mean a permit that allows a person or establishment who operates a ballroom and who possesses a full drink license to sell intoxicating liquor by the drink at retail for consumption on the premises of the ballroom between the hours of 11:00 a.m. and midnight on Sundays.

G. Places of Entertainment or Amusement Sunday Sales Permit.

1. The term "places of entertainment Sunday sales permit" or "amusement Sunday sales permit" shall mean a permit that allows for the sale of intoxicating liquor between the hours of 9:00 a.m. on Sunday and midnight on Sunday by any person who possesses a full drink liquor license for a premise which is a "place of entertainment" or a "place of amusement." Nothing in this section shall be construed to permit the licensee to sell intoxicating liquor or nonintoxicating beer for off-premises consumption.

2. The term "temporary place of amusement Sunday sales permit" shall mean a permit that may be issued to a "place of amusement" having been in operation less than ninety (90) days. This permit may be issued for a period not to exceed ninety (90) days, if such place of amusement can show projection of gross business receipts of at least one hundred thousand dollars ($100,000.00), at least fifty thousand ($50,000) shall be derived from sources other than the sale of alcoholic beverages.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.140 Employees.

The term "employees" shall mean persons who work or perform services for or without compensation for a person licensed under the provisions of this title.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.145 Et al.

The term "et al" shall mean "and others."
(Ord. No. 68536, 2, 12-15-2009.)

14.01.150 Hotel.

The term "hotel" shall mean every building or other structure kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are furnished for pay to transient or permanent guests, in which twenty or more rooms are furnished for the accommodation of such guests, whether with or without meals, as evidenced by a license issued by the City to the person owning, keeping, using, maintaining, advertising or holding out the place to the public to be a place where such accommodations are furnished.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.160 Intoxicating liquor.

The term "intoxicating liquor" shall mean alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented malt or other liquors or combination of liquors, a part of which is spirituous, vinous or fermented, and all preparations or mixtures for beverage purposes containing in excess of 3.2% alcohol by weight.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.170 Lewd and indecent conduct.

A. As used herein, the term "lewd and indecent conduct" shall mean:

1. The exposure of one's genitals, buttocks, vulva, pubic hair or the female breast below a point immediately above the top of the areola;

2. The touching, caressing or fondling of the breasts, buttocks or genitals, whether clothed or unclothed, for the purpose of sexual arousal or gratification;

3. The touching, caressing or fondling of the breasts, buttocks or genitals, whether clothed or unclothed, which is likely to cause affront or alarm; and

4. Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, cunnilingus, fellatio or flagellation.

B. Conduct which is not obscene is not lewd or indecent for purposes of this chapter and title if:

1. It occurs as part of a performance and does not involve exposure of one's genitals, buttocks, vulva, pubic hair or the female breast below a point immediately above the top of the areola;

2. It occurs as part of a performance at a place that has a seating capacity for patrons in excess of nine hundred fifty persons, and which has annual ticket sales for admissions thereto in excess of seven hundred fifty thousand dollars; or

3. It is portrayed or depicted in a motion picture which is shown or exhibited at a motion picture theater.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.180 License.

Except as otherwise indicated, the term "license" includes permits issued under this chapter and title.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.190 Licensed premises.

The term "licensed premises" shall mean that building, portion of a building, boat or portion thereof, place or area in which a person holding a "drink," "package" or "C.O.L." license, as those terms are defined in this chapter, is permitted or authorized to conduct business pursuant to such license. All license applications and renewal applications filed with the Excise Division after the effective date of the ordinance codified in this title shall contain a description of the licensed premises in a form acceptable to the Excise Commissioner.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.192 Majority.

The term "majority" shall mean one more than half of the total number of eligible persons within the petition circle, in a particular category. Property owners is a category and tenants/occupants is a category.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.200 Mall.

The term "mall" shall refer to a building or group of contiguous buildings that contain a minimum of fifty thousand (50,000) square feet and that provide space available for a minimum of twenty-five (25) individual retail establishments selling at retail among other things any or all of the following: goods, wares, merchandise, food, foodstuffs and/or beverages.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.210 Motion picture theater.

The term "motion picture theater" shall mean a building or portion of a building in which motion pictures are regularly exhibited which:

A. Has at least one permanently affixed screen, of a minimum size of two hundred (200) square feet, for exhibition of motion pictures;

B. Has a minimum of one hundred (100) permanently affixed seats; and

C. The public is invited to enter in return for the purchase of a ticket or the payment of an entry charge.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.220 Motor vehicle service station.

The term "motor vehicle service station" shall mean a place licensed by the state or City to sell or offer for sale gasoline or other motor fuels used as fuels in internal combustion engines for the purpose of propelling an automobile, truck or other self-propelling motor vehicle upon the public highways, streets and thoroughfares of the City.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.230 Nonintoxicating beer.

The term "nonintoxicating beer" shall mean any beer manufactured from pure hops or pure abstract of hops, and pure barley, malt, and other wholesome grains or cereals, and wholesome yeast and pure water, and free from all harmful substances, preservatives and adulterants, and having an alcoholic content of more than one-half of one percent by volume, and not exceeding 3.2% by weight.
(Ord. No. 68536, 2, 12-15-2009.)

V.A.M.S.

312.020 Nonintoxicating beer defined.

14.01.240 Nonresident wholesaler, manufacturer and distributor.

The term "nonresident wholesaler, manufacturer and distributor" shall mean any person residing or located in the state, outside of the City, licensed by the state to solicit, receive or take orders for the purchase, sale and delivery of any intoxicating liquor or nonintoxicating beer to any person residing in or located in the City for resale. A nonresident wholesaler, manufacturer or distributor shall obtain a liquor license to sell or deliver liquor products in the City of St. Louis.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.250 Obscene.

A performance is "obscene" if:

A. Applying contemporary community standards, its predominant appeal is to prurient interest in sex;

B. Taken as a whole, the average person, applying contemporary community standards, would find that it depicts or describes sexual conduct in a patently offensive manner; and

C. Taken as a whole, it lacks serious literary, artistic, political or scientific value. Obscenity shall be judged with reference to its impact upon ordinary adults.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.260 Off-premises gift shop.

The term "off-premises gift shop" shall mean a retail store that does not permit any goods sold on the premises to be delivered to the purchaser on such premises.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.270 Original package.

The term "original package" shall mean the original unopened container with an unbroken seal thereon, in which intoxicating liquor or nonintoxicating beer has been shipped by the distiller, brewer, or bottler thereof to a distributor, wholesaler or retail merchant.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.280 Package license.

The term "package license" shall mean a license for the retail to sale of intoxicating liquor and/or nonintoxicating beer, in the original package, which is not to be consumed on the premises where sold. The above general definition shall be applicable to the package licenses which may be issued under this chapter or title, unless otherwise provided by the specific definition thereof. The package licenses which may be issued under this chapter and title, and the definitions thereof, are as follows:

A. Full Package License. The term "full package license" shall mean a license that permits the sale at retail of intoxicating liquor and nonintoxicating beer in the original package.

B. 22% Package License. The term "22% package license" shall mean a license that permits the retail sale of intoxicating liquor, containing alcohol not in excess of 22% by weight, and nonintoxicating beer in the original package.

C. 5% Package License. The term "5% package license" shall mean a license that permits the retail sale of malt liquor, containing alcohol not in excess of 5% by weight, and of nonintoxicating beer in the original package.

D. Tasting Permit. The term "tasting permit" shall mean a permit that allows a licensee to conduct wine, malt beverage and distilled spirit tastings on the licensed premises and such establishment shall also have a "package license."
(Ord. No. 68536, 2, 12-15-2009.)

14.01.290 Performance.

The term "performance" means any play, dance, exhibition or the playing of music by one or more persons, provided that:

A. Such performance occurs on a stage or platform;

B. There is no intentional physical contact between the audience and the persons participating in the performance during the performance; and

C. One or more of the persons participating in the performance receive compensation for such participation.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.300 Person.

The term "person" shall mean an individual, association, club, joint stock company, syndicate, partnership, corporation, receiver, trustee, conservator, or other officer appointed by any state or federal court.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.310 Petition circle.

A. For each premises for which a retail license has been issued or for which an application for a retail license has been submitted to the Excise Commissioner, other than a picnic license, there shall be a petition circle. Such petition circle shall hereby be defined as an area, circular in shape, with a radius of three hundred fifty (350) feet drawn from the center of the front entrance of the licensed premises projected to the street.

B. Notwithstanding the provisions of subsection A of this section, the petition circle for a 3:00 a.m. permit shall be an area, circular in shape, drawn by a radius of five hundred (500) feet drawn from the center of the front entrance of the premises projected to the street.

C. No portion of a building shall be considered to be within the petition circle other than the main or surface floor of such building, the two floors immediately above the main or surface floor, and the floor immediately below the main or surface floor unless it is a condominium created under Chapter 448 RSMo. 2000 (as amended).
(Ord. No. 68536, 2, 12-15-2009.)

14.01.315 Picnic group--Defined.

A gathering of two or more people, where a meal is being, has been or will be consumed, no charge is had for admission, and alcohol is not sold in any form. A picnic group shall not include any group gathered on a street or parking lot.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.320 Picnic license.

The term "picnic license" means a license or permit issued to any church, school, civic, service, fraternal, veteran, political or charitable club or organization for sale of intoxicating liquor and/or nonintoxicating beer at a picnic, bazaar, fair, or similar gathering. Said license or permit shall authorize sale of intoxicating liquor or nonintoxicating beer only for the day or days named therein and it shall not authorize the sale of any nonintoxicating beer or intoxicating liquor for more than seven (7) days per event by any said organization in any calendar year. A separate picnic license shall be obtained for each booth per requested area. There shall be two (2) separate types of picnic licenses, one authorizing sale of intoxicating liquor and nonintoxicating beer and another authorizing sale of nonintoxicating beer and intoxicating malt liquor containing alcohol not in excess of 5% by weight. A picnic license shall be required where an organization eligible for a picnic license charges an admission fee or sells tickets for an event at which intoxicating liquor or nonintoxicating beer is served to persons attending such event, whether or not intoxicating liquor or nonintoxicating beer is sold at such event. If the event will be held on Sunday, the permit shall authorize the sale of intoxicating liquor and nonintoxicating beer on that day beginning at 11:00 a.m. until 12:00 midnight.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.330 Places of entertainment--Places of amusement.

A. The term "places of entertainment" shall mean any establishment located in the City which has gross annual sales in excess of two hundred fifty thousand dollars ($250,000.00) and the establishment has been in operation for at least one year. A licensee may sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 9:00 a.m. on Sunday and midnight on Sunday.

B. The term "places of amusement" shall mean any establishment whose business building contains a square footage of at least six thousand (6,000) square feet where games of skill commonly known as billiards, volleyball, indoor golf, bowling or soccer are usually played, or has a dance floor of at least two thousand five hundred (2,500) square feet or any outdoor golf course with a minimum of nine holes, and which has annual gross receipts of at least one hundred thousand dollars ($100,000.00) of which at least fifty thousand dollars ($50,000.00) of such gross receipts is in nonalcoholic sales. A licensee may sell intoxicating liquor by the drink at retail for consumption on the premises at any place of amusement between the hours of 9:00 a.m. and midnight on Sunday. The licensee must submit to the Excise Commissioner at least thirty days prior to the expiration of the license food and liquor or nonalcoholic breakdown for the previous twelve-month period.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.340 Premises.

The term "premises" shall mean the entire building in which a licensee has his place of business and any additional building use in connection therewith, and the entire lot or lots, parcel or parcels of land on which the buildings are situated, or which are used in connection with the buildings, and shall also include a boat, or boats, a barge or barges, moored or operating on a river.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.342 Private place.

The term "private place" shall mean any place not considered a public place.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.343 Public place.

The term "public place" shall mean a place to which the general public has a right to use.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.344 Property owner.

The term "property owner" shall mean any person, 18 years of age or older, who owns or co-owns real estate that is touched by or is within the petition circle. A property owner shall be only counted once in the total number of property owners and only one signature of a property owner is accepted as valid regardless of the number of real estate parcels that the individual or entity owns or co-owns within the petition circle.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.350 Qualified establishment (restaurant/bar).

The term "qualified establishment" means any establishment having at least forty (40) rooms for the overnight accommodation of transient guests and having a restaurant or similar facility on the premises where at least sixty percent (60%) of the gross income of which is derived from the sale of prepared meals or food, which restaurant's annual gross food sales for the past two (2) years immediately preceding its application for a license shall not have been less than one hundred thousand dollars ($100,000.00) per year or, if such restaurant has been in operation for less than two (2) years, such restaurant has been in operation for at least ninety (90) days preceding the application for license for sale of intoxicating liquor by means of controlled access liquor cabinets and has a projected experience based upon its sale of food during the preceding ninety (90) days which would exceed one hundred thousand ($100,000.00) per year. Any restaurant bar licensed under this section which is located on the grounds of a sports stadium primarily used for professional sporting events may sell intoxicating liquor by the drink at retail for consumption within the premises of the restaurant bar on Sunday between the hours of 8:00 a.m. and 12:00 midnight. The licensed premises must also have a 3:00 a.m. closing permit.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.360 Qualified packages or containers.

The term "qualified packages or containers" shall mean packages or containers for intoxicating liquor, other than beer or other malt liquor, which holds not less than fifty milliliters and not more than two hundred milliliters, and any packages or containers for beer or other malt liquor.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.370 Registered guest.

The term "registered guest" means each person who signs his name to the guest register of a qualified establishment or takes some other equivalent action for the purpose of registering as a guest of such qualified establishment.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.380 Resort.

The term "resort" means any establishment having at least thirty rooms for the overnight accommodations of transient guests, having a restaurant or similar facility on the premises where at least sixty percent of the gross income of which is derived from the sale of prepared meals or food, or means a restaurant provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers and customers, and which restaurant establishment's annual gross sales shall not have been less than seventy-five thousand ($75,000.00) per year, or means a new restaurant establishment having been in operation for at least ninety days preceding the application for such license, with a projected experience based upon its sale of food during the preceding ninety days which would exceed not less than seventy-five thousand dollars per year, with at least fifty thousand dollars ($50,000.00) of such gross receipts from nonalcoholic sales, or means a seasonal resort restaurant with food sales as determined by this section. A seasonal resort restaurant is a restaurant which is not a new restaurant establishment and which is open for business eight or fewer consecutive months in any calendar year. Fifty percent (50%) of all gross sales of such restaurant shall be sales of prepared meals. Any facility which is owned and operated as a part of the resort may be used to sell intoxicating liquor by the drink for consumption on the premises of such facility and, for the purpose of meeting the annual gross food sales requirements of this subsection, if any facility which is a part of the resort meets such requirement, such requirement shall be deemed met for any other facility which is a part of the resort.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.390 Restaurant bar.

The term "restaurant bar" shall mean any establishment having a restaurant or similar facility on the premises where at least fifty percent (50%) of the gross income is derived from the sale of prepared meals or food consumed on the premises or which has an annual gross income of at least two hundred thousand dollars from the sale of prepared meals or food consumed on such premises. The licensee must submit a food and liquor verification statement signed by the licensee showing an annual gross income of at least two hundred thousand dollars ($200,000.00) from the sale of prepared meals or food consumed on such premises. A licensee of a restaurant bar may sell intoxicating liquor between the hours of 9:00 a.m. on Sunday and midnight on Sunday by the drink at retail for consumption on the premises of any restaurant bar or on the premises of any establishment and/or having at least forty rooms for overnight accommodations of transient guests.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.400 Retail license.

The term "retail license" refers to any and all drink, C.O.L., package, and picnic licenses and to 3:00 a.m. closing permits, common eating and drinking area permits, temporary catering permits and controlled access liquor cabinet system permits.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.410 Room.

The term "room" shall mean a room in a qualified establishment which is intended to be used as and which is provided for the overnight accommodation of transient guests.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.420 Standard size bowling lane.

The term "standard size bowling lane" shall mean any bowling lane constructed according to the specifications contained in the "American Bowling Congress, Complete Construction Rules and Regulations Season 1958-1959" as amended.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.425 Sunday ballroom license.

The term "Sunday ballroom" shall mean any establishment located in a business district with a seating capacity of at least six hundred persons and with a dance floor of at least four thousand eight hundred (4,800) square feet that allows a licensee to sell intoxicating liquor by the drink at retail on the premises between the hours of 11:00 a.m. and midnight on Sundays.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.426 Sunday convention trade area license.

The term "Sunday convention trade area license" shall mean a license that allows a qualifying business establishment that is located in a convention trade area to sell intoxicating liquor by the drink at retail or by the drink between the hours of 9:00 a.m. and midnight on Sunday. In order to qualify for such a license, the business establishment's annual gross receipts for the year immediately preceding the application for this license shall not have been less than one hundred fifty thousand dollars ($150,000.00) of which at least sixty thousand dollars ($60,000.00) of such gross receipts is in nonalcoholic sales. Any new licensee possessing a license to sell intoxicating liquor by the drink at retail may apply for a temporary Sunday convention trade area license and shall show a projection of annual gross receipts of not less than one hundred thousand dollars of which at least sixty thousand dollars of such gross receipts is in nonalcoholic sales.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.427 Tenant.

The term "tenant" shall mean any person whose domicile (home) is within the petition circle and who is registered to vote from such address within the petition circle on the date on which the application is filed or the date in which a protest is initiated.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.430 3:00 a.m. closing permit.

The term "3:00 a.m. closing permit" is a permit which allows the sale and consumption of intoxicating liquor during the hours of 1:30 a.m. to 3:00 a.m. Tuesday through Sunday, except that where a 3:00 a.m. permit has been issued to a person who possesses a full drink Sunday license the 3:00 a.m. permit also allows the sale and consumption of liquor from 1:30 a.m. to 3:00 a.m. on Monday. A 3:00 a.m. permit may only be issued to a person who possesses a City full drink license and who meets the requirements of Section 14.08.220.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.440 Transportation company.

The term "transportation company" shall mean any individual, partnership, co-partnership or legal entity engaged in the business of transportation for hire of goods and merchandise by use or means of any vessel, railroad car, motor vehicle, airplane or other means of conveyance whatsoever.
(Ord. No. 68536, 2, 12-15-2009.)

14.01.450 Wholesale liquor dealing agent.

The term "wholesale liquor dealing agent" shall mean any person who solicits, receives or takes orders for the purchase and delivery of any intoxicating liquor to any person in the City for resale.
(Ord. No. 68536, 2, 12-15-2009.)

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