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As used in this ordinance, the following words shall have the following meaning unless the context clearly requires otherwise:

A. Alcohol” means that substance known as ethyl alcohol, hydrated oxide of ethyl, ethanol, or spirits of wine, from whatever source or by whatever process produced.

B. Alcoholic beverage” is synonymous with the term “liquor” as defined in subsection (H) of this section.

C. Bar” means any establishment with special space and accommodations for the sale of liquor by the glass and for consumption on the premises as herein defined.

D. Beer” means any beverage obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain of cereal in pure water and containing the percent of alcohol by volume subject to regulation as an intoxicating beverage in the state where the beverage is located. “Beer” includes, among other things, beer, ale, stout, lager beer, porter and other malt or brewed liquors, but does not include sake, known as Japanese rice wine.

E. Consume” means the putting of liquor to any use, whether by drinking or otherwise.

F. Distiller” means a person engaged in the business of distilling spirits.

G. Distribute” means to deliver or sell liquor products prior to retail sale.

H. Liquor” includes the four varieties of liquor (alcohol, spirits, wine and beer) and all fermented, spirituous, vinous, malt liquor, or combinations thereof, a mixed liquor a part of which is fermented, and every liquid or solid or semisolid or other substance, patented or not, containing distilled or rectified spirits, potable alcohol, beer, wine, brandy, whiskey, rum, gin aromatic bitters, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption and any liquid, semisolid, solid, or other substances which contains more than one-half of one percent of alcohol.

I. Liquor store” means any store at which liquor is sold and, for the purpose of this ordinance, including stores only a portion of which are devoted to sale of liquor or beer.

J. Malt liquor” means beer, strong beer, ale, stout and porter.

K. Manufacturer” means a person engaged in the preparation of liquor for sale, in any form whatsoever.

L. Osage Nation Congress” means the governing body of the Osage Nation.

M. Osage Nation Courts” means the Osage Nation Courts.

N. Osage Reservation and Osage Indian country” means all lands which are recognized by the federal government as the Osage Reservation and all trust or restricted lands comprising Osage Indian country, wherever located, as defined in Section 1-104 of this Title.

O. Osage Nation Tax Commission” means the authority of the Osage Nation which is charged with the duty to enforce this Liquor Control Ordinance in addition to their other duties.

P. Package” means any container or receptacle used for holding liquor.

Q. Person” means an individual, partnership, association or corporation.

R. Public place” includes state, county, Osage Nation, federal highways, or roads; buildings and grounds used for school purposes; streets and alleys of communities; rodeo grounds, Osage Nation ceremonial grounds, community buildings, public dance halls and grounds adjacent thereto; soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining rooms of hotels, restaurants, theaters, gaming facilities, entertainment centers, stores, garages, and filling stations which are open to and/or are generally used by the public and to which the public is permitted to have unrestricted access; public conveyances of all kinds and character; publicly owned bathing beaches, parks or playgrounds; and all other places of like or similar nature to which the general public has unrestricted right of access and which are generally used by the public.

S. Sale” and “sell” include exchange, barter, and traffic, and also include the selling or supplying or distributing by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatsoever commonly used to describe malt or brewed liquor or of wine by any person to any person.

T. Spirits” means any beverage which contains alcohol obtained by distillation, and includes those products known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines and similar compounds, including wines exceeding seventeen percent (17%) of alcohol by weight.

U. Tavern” means any retail sales business selling beer, liquor or wine not in sealed packages, that is “by the drink,” within the boundaries of the Osage Reservation or Osage Indian country.

V. Wine” means any alcoholic beverage obtained by fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, whether or not other ingredients are added, to which any saccharine substances may have been added before, during or after fermentation, and containing more than one-half of one percent alcohol by volume and not more than seventeen percent (17%) of alcohol by weight, including sweet wines fortified with wine spirits such as port, sherry, muscatel and angelica, and including vermouth and sake, known as Japanese rice wine. ONCA 11-41, eff. Apr. 12, 2011.