6.50.020 - Definitions.
Unless the context otherwise requires, the scope of all words in this Chapter shall be liberally construed in order to effectuate the purpose of this Chapter, and, in particular, the following words shall have the meaning ascribed to them as follows:
"Adult" means, for the purposes of this Chapter, a natural person over the age of twenty-one years.
"Alcohol caterer" means a person who serves, pours or sells alcoholic beverages only for consumption on the premises where the same are dispensed, served or sold during the times, dates and places specified by permit.
"Alcoholic beverage" includes alcohol, spirits, liquor, wine and beer, and coolers, and every liquid or solid which contains alcohol, spirits, liquor, wine or beer or coolers; and which contains one-half of one percent or more of alcohol by volume; and which is fit for beverage purposes, either alone or when diluted, mixed or combined with other substances. Any liquid or solid containing beer or wine in combination with any other alcoholic beverage shall not be construed to be beer or wine.
"Ancillary," with reference to a business or use, means accessory and subordinate to a principal business or use. With reference to licenses or license types, the term refers to an endorsement or condition that can be added to another license authorized by this Chapter.
"Art gallery" means a business establishment whose primary business is the display, exhibit and sale of fine art for purchase by the general public. For the purpose of this definition, "fine art" means:
(1) A work of visual art such as a painting, sculpture, drawing, mosaic or photograph;
(2) A work of written art, such as calligraphy;
(3) A work of graphic art, such as an etching, a lithograph, an offset print, a silkscreen, or any other work of like nature;
(4) A work in craft materials, including, but not limited to, clay, textile, wood, metal, plastic or glass; or
(5) A work in mixed media, which is a work that is any combination of the art media set forth in this definition.
"Banquet establishment" means any establishment which is rented by individuals or groups to accommodate events such as banquets, weddings, anniversaries and other similar private events. Such establishment may or may not include:
(1) Kitchen facilities for the preparation or catering of food.
(2) Outdoor gardens or reception facilities.
"Bar" means a physical structure from which alcoholic beverages are poured or served by the drink to patrons or where alcoholic beverages are maintained for pouring or service to patrons. The structure may be permanent or temporary.
"Beer" means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or similar product, or any combination thereof, in water.
"Beneficial owner" means a person who possesses a lease or other evidence of possessory property rights for the premises for which a license is sought for the full period for which the license is to be used.
"Bridal shop" means an establishment that primarily markets and sells clothing or products relating to brides or weddings.
"Cider" means an alcoholic beverage made from the fermentation of fruit juice that contains not less than one-half of one percent and not more than eight percent of alcohol by volume.
"Concert hall" means a building with a stage designed for the performance of concerts.
"Container," except as the context otherwise requires, means a receptacle provided by an establishment (or otherwise) for containing alcoholic beverages.
"Convenience store" means a retail establishment other than a drugstore, which:
(1) Offers for sale prepackaged food products, household items and other goods commonly associated with those products and items, and maintains more than fifty-one percent of its gross retail floor area dedicated to such products and items, provided that not more than ten percent of its gross retail floor area is devoted to the sale of beer, wine and coolers; and
(2) Except as otherwise provided in this Paragraph (2), contains not less than one thousand two hundred square feet, nor more than five thousand square feet of floor space devoted to retail sales display, exclusive of warehouse and office areas. The minimum size requirement in the preceding sentence does not apply to a development that qualifies as mixed-use under LVMC Title 19.
"Convention center or arena" means a structure or other space utilized for scheduling, hosting or accommodating a convention, trade show or temporary event, whether the activity is open or closed to the general public. For purposes of this Chapter, the term includes a stadium facility that may be operated in conjunction with a convention center, but does not include a permanent trade show facility.
"Cooler" means any prepackaged alcoholic beverage, other than beer or wine, that is a distillate obtained from the fermentation of the natural contents of fruits or other agricultural products containing natural or added sugar, which contains not more than ten percent of alcohol by volume. For informational purposes, the term includes prepackaged mixed cocktails that qualify under the preceding sentence.
"Cultural establishment" means a facility which charges a fee for admission and is dedicated to performing arts, history or education and where food is provided in a concession space.
"Downtown Entertainment Overlay District" has the meaning and boundaries as described in LVMC 19.10.120.
"Downtown Las Vegas Overlay District" has the meaning and boundaries as described in LVMC 19.10.110.
"Drugstore" means a business establishment which occupies the entire business premises of a building, or a portion of the business premises of a building which is segregated physically or spatially from the rest of the business premises, where a State licensed pharmacist is present at all times the pharmacy operation is open for the purpose of compounding or dispensing, or both compounding and dispensing of drugs and medicines, and where a grill and fountain service is permitted as well as the retail sales of sundries, including stationery, magazines, cosmetics and health items. For an establishment to qualify as a drugstore, the annual gross revenue from the sale of prescription pharmaceuticals must be in excess of fifty percent of the establishment's total gross revenue on a calendar year basis.
"General retail store" means a business established for the retail sale of general merchandise in excess of five thousand square feet of floor space devoted for the sale of multiple line products provided that not more than ten percent of its gross retail floor area is devoted to beer, wine and coolers, unless there is a greater amount of floor area otherwise specified by a land use approval or permitted by condition on the alcoholic beverage license.
"Gift shop, resort hotel leased" means a discrete area within a resort hotel, owned and operated by a person other than the owner of the resort hotel, that sells clothing and miscellaneous sundries appropriate as gifts, as well as other items, including, but not limited to newspapers, magazines, and foodstuffs. A resort hotel leased gift shop may only sell alcoholic beverages upon the receipt of a valid, unexpired alcoholic beverage license by the operator of the gift shop and the floor area for the display of alcoholic beverages shall not exceed fifty square feet.
"Gift shop, resort hotel owned" means a discrete area within a resort hotel, owned and operated by the resort hotel, that sells clothing and miscellaneous sundries appropriate as gifts, as well as other items, including, but not limited to newspapers, magazines, and foodstuffs. A resort hotel owned gift shop may sell alcoholic beverages without having to obtain a separate package alcoholic beverage license if the resort hotel is authorized to sell alcoholic beverages pursuant to a full alcohol on premise alcoholic beverage license and the floor area for the display of alcoholic beverages does not exceed fifty square feet.
"Golf course" means any links consisting of at least eighteen holes which have been certified by the United States Golf Association for individual and group play and which provide a variety of golf facilities, including, but not limited to at least one or more of the following: A driving range, golf lessons, motorized golf carts; a professional golf shop or a clubhouse. Each golf cart that maintains alcoholic beverages for pouring or service to patrons of a golf course, or is used to serve or pour alcoholic beverages to patrons of a golf course is considered to be a separate bar for purposes of this Chapter. Miniature golf and/or putting course facilities and electronically simulated golf courses are not to be considered golf courses for purposes of this definition.
"Groceries" means staple food stuffs, dairy products, meats and produce meant for human consumption; articles used in the preparation of food; and household supplies.
"Grocery store" means a business establishment which occupies all of the business premises of a building or a portion of the business premises of a building which is segregated physically or spatially from the rest of the business premises, and which contains more than five thousand square feet of floor space, exclusive of warehouse and office space, for the display and sale of foodstuffs, whether fresh, frozen, canned or packaged, and may include the sales of other products, including non-food items, alcoholic beverages (if licensed by the City for the sale of alcoholic beverages), and pharmaceuticals, provided the sale of such pharmaceuticals is incidental to the primary business of selling products other than pharmaceuticals. The term does not include an establishment in which more than ten percent of the gross retail floor area of the establishment premises consists of alcoholic beverages.
"Hotel" means, for purposes of this Chapter, a "resort hotel" as defined by LVMC 6.40.020(F), except when the term is used in conjunction with a specific term which lists the number of rooms required. A "hotel," if not a "resort hotel," contains not less than twenty guest rooms in a single or connected structure, access to which is controlled through a foyer and hallways; provides rooms which are let or hired out only to transient guests on a day-to-day basis; and does not provide for cooking in individual rooms or suites.
"Individual access" means the provision of a secured cabinet or refrigerator with alcoholic beverages, access to which is controlled by an adult.
"Key employee" means an employee designated by a business licensee to oversee the operations of the business in the absence of the licensee.
"Liquor store" means a specialty retail store with a minimum gross floor area of one thousand two hundred square feet that deals exclusively in alcoholic beverages and related items including tobacco, magazines, newspapers and packaged snack foods, whose license to sell alcoholic beverages authorizes their sale to consumers only and not for resale, in original sealed or corked containers, for consumption off the premises where the same are sold. Entry to minors is not allowed, except as provided for in LVMC 6.50.170.
"Lounge" means a room or designated area wherein alcohol is served or poured from a licensed liquor service area to patrons where food is not served or is incidental to its operation and may contain an informal setting of tables, booths or easy chairs, and into which room or designated area minors are not permitted entry. Such room or area must be separated and segregated with a barrier and signage sufficient to preclude minors from entry.
"Malt beverage" means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.
"Meal" means an assortment of food listed on a menu which must include entrees, appetizers, side items and desserts available for purchase at various hours of the day.
"Minor" means, for the purposes of this Chapter, a natural person under the age of twenty-one years.
"Museum" means a facility with no less than fifteen thousand square feet of exhibit space open to the general public where a fee is charged for admission and the primary purpose of such facility is the acquisition, preservation, study and exhibition of items of artistic, historic or scientific value.
"Off-premise" generally means or refers to the sale of alcoholic beverages in original sealed or corked containers for consumption off the premises where the same are sold. However, when the term appears within the name of a license category, its appearance shall not be deemed to diminish or narrow the category or the rights and privileges pertaining to that category. The provisions of this Chapter, licenses issued under this Chapter, and associated conditions and endorsements shall govern and control what is authorized by licenses under these categories.
"On-premise" generally means or refers to the sale of alcoholic beverages for consumption on the premises where the same are sold. However, when the term appears within the name of a license category, its appearance shall not be deemed to diminish or narrow the category or the rights and privileges pertaining to that category. The provisions of this Chapter, licenses issued under this Chapter, and associated conditions and endorsements shall govern and control what is authorized by licenses under these categories.
"Pedestrian mall" means an area designated in LVMC Chapter 11.68.
"Permanent trade show" means an event held at a permanent trade show facility where products, goods or wares are displayed for the purpose of exhibitors demonstrating and soliciting orders for the wholesale of or offering for wholesale of such products, goods or wares exclusively to members of a specific industry or industries.
"Permanent trade show facility" means a parcel or contiguous parcels of land with one or more buildings located thereon consisting of a minimum of two hundred fifty thousand square feet of floor space that is designed and intended primarily to conduct one or more permanent trade shows annually, at which members of the general public are not admitted. A "permanent trade show facility" may also be used for events to which the general public is invited.
"Private event" means an "invitation only" event, often connected to membership in, or acquaintance with, an organization or person hosting the event. The term includes weddings, anniversaries, holiday parties, proms, birthday parties and other similar celebrations.
"Public event" means an event open to the general public, where entry is available either for the price of a ticket or admission, or free of charge. The term includes expositions, fairs, dances, concerts, fundraising events and other similar events.
"Restaurant" means a place which is regularly and in a bona fide manner used and kept open for the service of meals to guests for compensation; and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals.
"Sale" means the act of selling and, in connection therewith, "sell" means, for compensation or any other private or public business purpose at a commercial location, to sell, serve, give away, or distribute; or to cause or permit to be sold, served, given away or distributed or to possess with the intent to sell, serve, permit consumption, give away or distribute; or to solicit or receive orders to sell, serve, give away or distribute.
"Special event" means a unique event, such as a festival, concert, community event, grand opening party or similar unique event, including without limitation a "special event" as defined in LVMC Chapter 12.02, and not a recurring business activity required to be licensed under this Title.
"Suit shop" means an establishment that primarily markets and sells tailored suits.
"Wedding chapel" means a business establishment that performs marriages in accordance with State law.
"Wholesale dealer" or "wholesaler" means a person who sells alcoholic beverages for the purposes of resale.
"Wine" means any alcoholic beverage, other than beer, obtained by the fermentation of the natural contents of fruits or other agricultural products containing natural or added sugar, which contains not more than twenty-two percent of alcohol by volume.
(Ord. No. 6806, § 2, 4-6-22; Ord. No. 6787, § 2, 7-7-21; Ord. No. 6746, § 1, 8-19-20; Ord. No. 6625, § 1, 7-18-18; Ord. No. 6608, § 16, 12-6-17; Ord. No. 6607, § 3, 12-6-17; Ord. No. 6602, § 3, 11-15-17; Ord. No. 6505, § 9, 2-3-16; Ord. No. 6266, § 1, 9-4-13; Ord. No. 6262, § 3, 8-7-13; Ord. No. 6259, § 3, 7-10-13; Ord. No. 6232, § 1, 1-23-13; Ord. No. 6134, § 1, 3-2-11; Ord. No. 6118, § 1, 11-3-10; Ord. No. 6071, § 2, 12-16-09; Ord. 5913 § 1, 2007: Ord. 5720 § 1, 2004: Ord. 5656 § 1, 2003: Ord. 5607 § 3, 2003)