Fulton Definitions ordinance (§ 10-1)

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 includes all beverages of alcoholic content, whether intoxicating or nonintoxicating.

Church means a church building or student center building in which services are regularly held; provided, however, the mere holding of religious services in any building not built and constructed as a church or student center building shall not bring such building within the definition of a church as set out in this chapter.

Closed place means a place where all doors are locked and where no patrons are in or about the premises.

Intoxicating liquor means 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 for mixtures for beverage purposes containing in excess of one-half of one percent of alcohol by volume, except nonintoxicating beer as defined in this section.

Nonintoxicating beer means any beer manufactured from pure hops or pure extract of hops, pure barley malt or other wholesome grains or cereals, wholesome yeast, pure water, 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 percent by weight.

Open container means any alcoholic beverage except in the original container which shall not have been opened and the seal upon which shall not have been broken and from which the original cap or cork shall not have been removed.

Original package means, with reference to the sale of malt liquor, any package containing three or more standard bottles of beer. With reference to the sale of intoxicating liquor, other than malt liquor, the term "original package" means a package or container containing a quantity of 50 milliliters or more of intoxicating liquor in the manufacturer's original package. With reference to nonintoxicating beer, the term "original package" means any package containing three or more of any size bottle or any other container when such bottles or other containers contain nonintoxicating beer, as defined in this section.

Person means and includes any individual, association, joint stock company, syndicate, copartnership, corporation, receiver, trustee, conservator or other officer appointed by any state or federal court.

Restaurant bar means any establishment having a restaurant or similar facility on the premises, at least 50 percent of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least $275,000.00 from the sale of prepared meals or food consumed on the premises.

School means any building which is regularly used as a public, private or parochial school, elementary school, high school, college or university.

Substantial quantities of food means the amount of prepared meals and food from which at least 50 percent of the gross income of an establishment is derived.

Wholesalers or distributors means persons selling intoxicating liquors or nonintoxicating beer to retailers for resale.