§ 16-19. Definitions.

Where words and phrases used in this article are defined by state law, such definitions shall apply to their use in these chapters and are adopted by reference. Those definitions so adopted that need further definition or are reiterated, and the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator means the administrator of the alcoholic beverages division of the state department of commerce, or a designee.

Club means any nonprofit corporation or association of individuals, which is the owner, lessee or occupant of a permanent building or part thereof; membership in which entails the prepayment of regular dues and is not operated for a profit other than such profits as would accrue to the entire membership.

Commercial establishment means a place of business which is always equipped with sufficient tables and seats to accommodate 25 persons at one time, and the licensed premises of which conforms to the standards and specifications of the division and to this Code.

Division means the alcoholic beverages division of the state department of commerce.

Grocery store means any retail establishment, the business of which consists of the sale of food products or beverages for consumption off the premises.

Hotel or motel means a premises licensed by the state department of inspections and appeals and regularly or seasonally kept open in a bona fide manner for the lodging of transient guests, and with 20 or more sleeping rooms.

Legal age means that age defined in I.C.A. ch. 123.

Person of good moral character means any person who meets all the following requirements:

(1)

The person has such financial standing and good reputation as will satisfy the council that the person will comply with this article and all laws, ordinances, and regulations applicable to the person's operations under this article. However, the council shall not require the person to post a bond to meet the requirements of this definition.

(2)

The person is not prohibited by I.C.A. § 123.40 from obtaining a liquor control license or a wine or beer permit.

(3)

Notwithstanding subsection (5) of this definition, the applicant is a citizen of the United States and a resident of this state, or licensed to do business in this state in the case of a corporation. Notwithstanding subsection (5) of this definition, in the case of a partnership, only one general partner need be a resident of this state.

(4)

The person has not been convicted of a felony. However, if the person's conviction of a felony occurred more than five years before the date of the application for a license or permit, and if the person's rights of citizenship have been restored by the governor, the council may determine that the person is of good moral character notwithstanding such conviction.

(5)

The requirements of this subsection apply to the following:

a.

Each of the officers, directors, and partners of such person.

b.

A person who directly or indirectly owns or controls ten percent or more of any class of stock of such person.

c.

A person who directly or indirectly has an interest of ten percent or more in the ownership or profits of such person.

Pharmacy means a drug store in which drugs and medicines are exposed for sale and sold at retail, or in which prescriptions of licensed physicians and surgeons, dentists or veterinarians are compounded and sold by a registered pharmacist.

(Prior Code, § 162.01)

State law reference

Definitions, I.C.A. § 123.3.