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 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 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 alcohol by volume.4."Bottle or can" means any container, regardless of the material from which made, having a capacity less than a bulk container for use for the sale of malt beverages at retail.5."Distilled spirits" means any alcoholic beverage that is not beer, wine, sparkling wine, or alcohol.6."In bulk" means in containers having a capacity not less than one-sixth barrel for use for the sale of malt beverages at retail.7."Licensed premises" means the premises on which beer, liquor, or alcoholic beverages are normally sold or dispensed and must be delineated by diagram or blueprint which must be included with the license application or the license renewal application.8."Liquor" means any alcoholic beverage except beer.9."Local governing body" means the governing entity of a city, county, or federally recognized Indian tribe in this state.10."Local license" means a city, county, or tribal retail alcoholic beverage license issued by the appropriate local governing body.11."Microbrew pub" means a brewer that brews ten thousand or fewer barrels of beer per year and sells beer produced or manufactured on the premises for consumption on or off the premises or serves beer produced or manufactured on the premises for purposes of sampling the beer.12."Organization" means a domestic or foreign corporation, general partnership, limited 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 wholesaler selling alcoholic beverages to a wholesaler licensed in this state for purposes of resale.15."Tribal licensee" means a person issued a local license by the governing body of a federally recognized Indian tribe in this state for the retail sale of alcoholic beverages 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 after a person's date of birth.17."Wine" means 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 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 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 wines delivered to priests, rabbis, and ministers for sacramental use.5-01-03. Penalty. Repealed by S.L. 1975, ch. 106,
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 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 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 alcohol by volume.4."Bottle or can" means any container, regardless of the material from which made, having a capacity less than a bulk container for use for the sale of malt beverages at retail.5."Distilled spirits" means any alcoholic beverage that is not beer, wine, sparkling wine, or alcohol.6."In bulk" means in containers having a capacity not less than one-sixth barrel for use for the sale of malt beverages at retail.7."Licensed premises" means the premises on which beer, liquor, or alcoholic beverages are normally sold or dispensed and must be delineated by diagram or blueprint which must be included with the license application or the license renewal application.8."Liquor" means any alcoholic beverage except beer.9."Local governing body" means the governing entity of a city, county, or federally recognized Indian tribe in this state.10."Local license" means a city, county, or tribal retail alcoholic beverage license issued by the appropriate local governing body.11."Microbrew pub" means a brewer that brews ten thousand or fewer barrels of beer per year and sells beer produced or manufactured on the premises for consumption on or off the premises or serves beer produced or manufactured on the premises for purposes of sampling the beer.12."Organization" means a domestic or foreign corporation, general partnership, limited 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 wholesaler selling alcoholic beverages to a wholesaler licensed in this state for purposes of resale.15."Tribal licensee" means a person issued a local license by the governing body of a federally recognized Indian tribe in this state for the retail sale of alcoholic beverages 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 after a person's date of birth.17."Wine" means 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 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 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 wines delivered to priests, rabbis, and ministers for sacramental use.5-01-03. Penalty. Repealed by S.L. 1975, ch. 106,
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 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 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 alcohol by volume.4."Bottle or can" means any container, regardless of the material from which made, having a capacity less than a bulk container for use for the sale of malt beverages at retail.5."Distilled spirits" means any alcoholic beverage that is not beer, wine, sparkling wine, or alcohol.6."In bulk" means in containers having a capacity not less than one-sixth barrel for use for the sale of malt beverages at retail.7."Licensed premises" means the premises on which beer, liquor, or alcoholic beverages are normally sold or dispensed and must be delineated by diagram or blueprint which must be included with the license application or the license renewal application.8."Liquor" means any alcoholic beverage except beer.9."Local governing body" means the governing entity of a city, county, or federally recognized Indian tribe in this state.10."Local license" means a city, county, or tribal retail alcoholic beverage license issued by the appropriate local governing body.11."Microbrew pub" means a brewer that brews ten thousand or fewer barrels of beer per year and sells beer produced or manufactured on the premises for consumption on or off the premises or serves beer produced or manufactured on the premises for purposes of sampling the beer.12."Organization" means a domestic or foreign corporation, general partnership, limited 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 wholesaler selling alcoholic beverages to a wholesaler licensed in this state for purposes of resale.15."Tribal licensee" means a person issued a local license by the governing body of a federally recognized Indian tribe in this state for the retail sale of alcoholic beverages 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 after a person's date of birth.17."Wine" means 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 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 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 wines delivered to priests, rabbis, and ministers for sacramental use.5-01-03. Penalty. Repealed by S.L. 1975, ch. 106,