[Ord. No. 550, § I, 8-28-1979; Ord. No. 619, § 1, 6-28-1983; Ord. No. 745, § 1, 11-12-1991; Ord. No. 1044, 6-13-2017; Ord. No. 1043, 6-24-2016]
For the purposes of this chapter, the following words, terms,
or phrases whenever used herein, shall have the following meaning
unless from the context of the section a contrary meaning appears
obvious:
Any liquid suitable for drinking by human beings, which contains
1/2 of 1% of alcohol by volume. All alcoholic beverages shall be deemed
intoxicating.
A cylindrical container used for holding beer not to exceed
32 gallons of beer.
Any malt beverage containing more than 1/2 of 1% of alcohol
by volume.
A brewer which brews 25,000 barrels or fewer of beer per
year and produced or manufactured on the licensed premises for consumption
on or off the premises, or serves beer produced or manufactured on
the premises for purposes of sampling the beer.
Only such structures within which 12 or more bowling lanes
or alleys are maintained and operated by a commercial bowling establishment.
Any alcoholic beverage that is not beer, wine, or sparkling
wine.
An operation located within the State of North Dakota in
which the owner or operator produces distilled spirits in accordance
with the provisions of N.D.C.C. § 5-01-19.
An operation located within the State of North Dakota in
which the owner or operator produces wine in accordance with the provisions
of N.D.C.C. § 5-01-17.
A sealed container not to exceed 64 ounces that is filled
with beer and sealed on site for the sole purpose of off-premises
consumption. At the time of sale, the container shall be sealed with
a paper or plastic adhesive band, strip, or sleeve which is applied
over the top of the twist-type closure, cork, stopper, or plug in
such a manner that the seal must be broken in order to open the container.
The adhesive band, strip, or sleeve shall either (a) bear the name
and address of the licensee-seller, or (b) have the sales receipt
attached to the container. The sale of growlers in compliance with
this chapter is authorized only for general microbrewery licensees
approved to sell alcoholic beverages both on-sale and off-sale. The
filling of growlers shall not constitute the breaking of a package,
as defined in this chapter. The sale of a filled growler shall be
considered off-sale. A growler with a broken seal shall be considered
an open container for the purposes of N.D.C.C. § 39-08-18.
As used in this chapter, means only such structures which
have 70 rooms or more.
Any alcoholic beverage except beer.
Any corporation or association organized for civic, fraternal,
social, or business purposes, or for the promotion of sports, which
has at least 250 members in the City of Williston at the time of application
for license under this chapter, and was in existence at the time of
the adoption of this chapter.
A brewer which brews 10,000 or fewer barrels of beer per
year and sells beer produced or manufactured on the licensed premises
for consumption on or off the premises, or serves beer produced or
manufactured on the premises for purposes of sampling the beer.
For purposes of this chapter, means persons under 21 years
of age.
The sale of alcoholic beverages in the original package solely
for consumption off or away from the licensed premises where sold.
An off-sale license shall authorize the licensee to conduct such off-sale
at the place designated in the license.
The sale of alcoholic beverages for consumption on the licensed
premises where sold.
Any container or receptacle holding alcoholic beverages which
is corked or sealed by the manufacturer and which cork or seal has
not been removed or broken prior to the sale of such package to the
purchaser.
Includes, where the context of the provision allows, any
natural person, partnership, incorporated or unincorporated association,
and bodies corporate, and any agent thereof.
The distinct portion of the building, lot, or public way
upon which alcoholic beverages are sold or consumed.
A commercial establishment that is licensed to engage in
the sale of alcoholic beverages at retail pursuant to this chapter,
and which has a City, County or State restaurant license. Such City,
County or State restaurant license shall not be a limited restaurant
license.
Any transfer, exchange, or barter in any manner or by any
means whatsoever for a consideration and includes all sales made by
any person, whether principal proprietor, agent, servant, employee
or corporation.
A sale to a consumer for use or consumption and not for the
purpose of resale in any form.
Wine made effervescent with carbon dioxide.
Any persons engaged in the sale and distribution of alcoholic
beverages at wholesale to persons holding a retail license for the
sale and distribution of alcoholic beverages within the State or in
interstate commerce.
The alcoholic beverage obtained by fermentation of agricultural
products containing natural or added sugar or such beverage fortified
with brandy and containing not more than 24% alcohol by volume.
[Ord. No. 550, § I, 8-28-1979]
This chapter is declared to be an exercise of the police power
directly affecting and designed to promote the peace, safety, good
order, health, and well-being of the people of this city. This chapter
shall apply to all territory within the city and to such outlying
contiguous territory without the corporate limits within which the
city may exercise police jurisdiction as defined by law.
