A. “Alcoholic beverages” means “beer,” “liquor” and “wine” as the terms are defined in this section.

B. “Beer” means any product that contains sixty-three-hundredths of one percent of alcohol by volume or one-half of one percent of alcohol by weight but not more than four percent of alcohol by volume or three and two-tenths percent by weight and is obtained by fermentation, infusion, or decoction of any malted grain. Beer may or may not contain hops or other vegetable products. Beer includes a product that contains alcohol in the percentages described above and is referred to as malt liquor, malted beverages, or malt coolers.

C. “Beer retailer” means any business establishment that is engaged primarily or incidentally in the retail sale of beer to public patrons, whether for consumption on or off the establishment’s premises and licensed to sell beer by the city of Midvale, the Utah Alcoholic Beverage Control Commission or both the city and the Commission. “On-premises beer retailer” includes a tavern.

D. “Brewer” means any person engaged in manufacturing beer.

E. “Church” means a building set apart for the purpose of worship in which religious services are held, with which clergy is associated, and which is tax exempt under the laws of the state of Utah.

F. “Club” and “private club” means any of the following organized primarily for the benefits of its members:

Private clubs are designated as class A, B, C, or D as defined in Section 32A-5-101(3) Utah Code Annotated. For purposes of this title, no distinction is made between classes of private clubs except as applied by the Commission and Department of Alcoholic Beverage Control.

G. “Commission” means the Alcoholic Beverage Control Commission.

H. “Heavy beer” means any product that contains more than four percent alcohol by volume and is obtained by fermentation, infusion, or decoction of any malted grain. Heavy beer is considered “liquor” for the purposes of this title.

I. “Liquor” means alcohol, or any alcoholic, spirituous, vinous, fermented, malt, or other liquid, or combination of liquids a part of which is spirituous, vinous, or fermented and all other drinks, or drinkable liquids that contain more than one-half of one percent of alcohol by volume and is suitable to use for beverage purposes. Liquor does not include any beverage defined as a beer, malted liquor, or malted beverage that has an alcohol content of less than four percent alcohol by volume.

J. “Manufacture” means to distill, brew, rectify, mix, compound, process, ferment, or otherwise make an alcoholic product for personal use or for sale or distribution to others.

K. “Package agency” means a retail liquor location operated under a contractual agreement with the Utah Department of Alcoholic Beverage Control, by a person other than the state, who is authorized by the Commission to sell package liquor for consumption off the premises of the agency.

L. “Public building” means any building or permanent structure owned or leased by the state, a county, or local government entity that is used for:

Public building does not mean or refer to any building owned by the state or a county or local government entity when the building is used by anyone, in whole or in part, for proprietary functions.

M. “Residence” means the person’s principal place of abode.

N. “Restaurant” means any business establishment where a variety of food is prepared and complete meals are served to the general public, is located on a premises having adequate culinary fixtures for food preparation and dining accommodations; and is engaged primarily in serving meals to the general public.

O. “School” means any building used primarily for the general education of minors. School does not include a nursery school, an infant day care center, or a trade or technical school.

P. “Sell,” “sale” and “to sell” means any transaction, exchange, or barter whereby, for any consideration, an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by any means or under any pretext is promised or obtained, whether done by a person as a principal, proprietor, or as an agent, servant, or employee, unless otherwise defined in this title.

Q. “Small brewer” means a brewer who manufactures less than sixty thousand barrels of beer and heavy beer per year.

R. “Spirituous liquor” means liquor that is distilled. Spirituous liquor includes an alcohol product defined as a “distilled spirit” by 27 U.S.C. 211 and 27 C.F.R. Sections 5.11 through 5.23.

S. “Tavern” means any business establishment that is engaged primarily in the retail sale of beer to public patrons for consumption on the establishment’s premises and licensed to sell beer as an on-premises beer retail under this title. Tavern includes the following if the revenue from the sale of beer exceeds the revenue of the sale of food, although food need not be sold in the establishment:

T. “Warehouser” means any person, other than a licensed manufacturer, engaged in the importation for sale, storage, or distribution of liquor regardless of amount.

U. “Wholesaler” means any person engaged in the importation for sale, or in the sale of beer in wholesale or jobbing quantities to retailers, other than a small brewer selling beer manufactured by that brewer.

V. “Wine” means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or any other like substance, whether or not other ingredients are added. Wine is considered “liquor” for purposes of this title, except as otherwise provided in this title. (Ord. 10/28/2003O-12 (part))