5-01 General Provisions
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<![CDATA[TITLE 5ALCOHOLIC BEVERAGESCHAPTER 5-01GENERAL PROVISIONS5-01-01. Definitions. In this title:1."Alcohol" means neutral spirits distilled at or above one hundred ninety degrees<br>proof, whether or not such product is subsequently reduced, for nonindustrial use.2."Alcoholic beverages" means any liquid suitable for drinking by human beings, which<br>contains one-half of one percent or more of alcohol by volume.3."Beer" means any malt beverage containing one-half of one percent or more of<br>alcohol by volume.4."Bottle or can" means any container, regardless of the material from which made,<br>having a capacity less than a bulk container for use for the sale of malt beverages at<br>retail.5."Distilled spirits" means any alcoholic beverage that is not beer, wine, sparkling<br>wine, or alcohol.6."In bulk" means in containers having a capacity not less than one-sixth barrel for use<br>for the sale of malt beverages at retail.7."Licensed premises" means the premises on which beer, liquor, or alcoholic<br>beverages are normally sold or dispensed and must be delineated by diagram or<br>blueprint which must be included with the license application or the license renewal<br>application.8."Liquor" means any alcoholic beverage except beer.9."Local governing body" means the governing entity of a city, county, or federally<br>recognized Indian tribe in this state.10."Local license" means a city, county, or tribal retail alcoholic beverage license issued<br>by the appropriate local governing body.11."Microbrew pub" means a brewer that brews ten thousand or fewer barrels of beer<br>per year and sells beer produced or manufactured on the premises for consumption<br>on or off the premises or serves beer produced or manufactured on the premises for<br>purposes of sampling the beer.12."Organization" means a domestic or foreign corporation, general partnership, limited<br>partnership, or limited liability company.13."Sparkling wine" means wine made effervescent with carbon dioxide.14."Supplier" means an alcoholic beverage manufacturer, importer, marketer, or<br>wholesaler selling alcoholic beverages to a wholesaler licensed in this state for<br>purposes of resale.15."Tribal licensee" means a person issued a local license by the governing body of a<br>federally recognized Indian tribe in this state for the retail sale of alcoholic beverages<br>within the exterior tribal reservation boundaries.Page No. 116."Twenty-one years of age" means it is after eight a.m. on the date twenty-one years<br>after a person's date of birth.17."Wine" means the alcoholic beverage obtained by fermentation of agricultural<br>products containing natural or added sugar or such beverage fortified with brandy<br>and containing not more than twenty-four percent alcohol by volume.5-01-02. Exceptions. Nothing contained in this title may be construed to apply to thefollowing articles, when they are unfit for beverage purposes:1.Denatured alcohol produced and used pursuant to Acts of Congress, and the<br>regulations thereunder;2.Patent, proprietary, medical, pharmaceutical, antiseptic, and toilet preparations;3.Flavoring extracts, syrups, and food products; or4.Scientific, chemical, and industrial products;nor to the manufacture or sale of said articles containing alcohol. This title does not apply to<br>wines delivered to priests, rabbis, and ministers for sacramental use.5-01-03. Penalty. Repealed by S.L. 1975, ch. 106, </p>
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