Title definitions

(a) As used in this title, unless the context requires otherwise: Ask a legal question, get an answer ASAP!(1) (A) “Alcoholic beverage” or “beverage” means and includes alcohol, spirits, liquor, wine, high alcohol content beer, and every liquid containing alcohol, spirits, wine, and high alcohol content beer and capable of being consumed by a human being, other than patent medicine or beer, as defined in § 57-5-101. Notwithstanding any provision to the contrary in this title, except for beer as defined in § 57-5-101(b), “alcoholic beverage” or “beverage” also includes any liquid product containing distilled alcohol capable of being consumed by a human being, manufactured or made with distilled alcohol, regardless of alcohol content. Liquid products intended for beverage purposes containing alcohol that do not meet the definition of beer under § 57-5-101(b) shall also be alcoholic beverages. Notwithstanding this subdivision (a)(1)(A), products or beverages containing less than one-half of one percent (0.5%) alcohol by volume, other than wine as defined in this section, shall not be considered to be alcoholic beverages, and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title. (B) Notwithstanding this definition, ethanol produced in a facility whose production process is primarily a wet milling process in bulk and sold and transported in bulk lots of five thousand gallons (5,000 gals.) or more and not packaged for retail sale by the holder of a valid alcohol fuels permit or a valid distilled spirits permit: (i) For export to another country; (ii) To a domestic manufacturer, distiller, vintner, or rectifier who is a duly licensed alcohol beverage or liquor manufacturer in this or some other state; or (iii) To a manufacturer who uses the ethanol to create a product which is incapable of human consumption or contains less than one-half of one percent (0.5%) alcohol by volume; shall not be considered to be an alcoholic beverage and shall not be subject to regulation or taxation pursuant to chapters 1-6 and 9 of this title; (2) (A) “Alternating proprietorship agreement” means an agreement between two (2) or more licensed manufacturers to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-202(m); (B) “Alternating proprietorship agreement” means an agreement between two (2) or more licensed wineries to share all or a portion of a bonded or general premises, or both, pursuant to § 57-3-207(y); (3) “Commission” means the alcoholic beverage commission, except as otherwise provided; (4) “Distiller” means any person who owns, occupies, carries on, works, conducts or operates any distillery either personally or by an agent; (5) “Distillery” means and includes any place or premises wherein any liquors are manufactured for sale; (6) “Federal license” does not mean tax receipt or permit; (7) “Gallon” or “gallons” means a wine gallon or wine gallons, of one hundred and twenty-eight ounces (128 oz.); (8) “Gift” means and includes the unauthorized distribution of alcoholic beverages by a licensee for which no payment is expected or received; provided, however, that it does not include any such transaction between a licensee and its employee or employees in the normal course of employment or depletions from a licensee’s inventory related to routine business or marketing purposes where all applicable taxes have been paid; (9) “High alcohol content beer” means an alcoholic beverage which is beer, ale or other malt beverage having an alcoholic content of more than eight percent (8%) by weight and not more than twenty percent (20%) by weight, except wine as defined in § 57-3-101, that is brewed, regulated, distributed or sold pursuant to chapter 3 of this title; provided, that no more than forty-nine percent (49%) of the overall alcoholic content of such beverage may be derived from the addition of flavors and other nonbeverage ingredients containing alcohol; (10) “Importer” means any person or entity holding a non-manufacturer non-resident seller’s permit pursuant to § 57-3-602(c) or any entity causing alcoholic beverages to be delivered or shipped into this state holding an importer‘s basic permit from the alcohol and tobacco tax and trade bureau of the United States department of the treasury; (11) “License” means the license issued pursuant to this chapter; (12) “Licensee” means any person to whom such license has been issued pursuant to this chapter; (13) “Manufacture” means and includes brewing high alcohol content beer, distilling, rectifying and operating a winery; (14) “Manufacturer” means and includes a brewer of high alcohol content beer, distiller, vintner and rectifier; (15) (A) “Municipality” means an incorporated town or city having a population of: (i) Seven hundred (700) or more, according to the 2010 federal census or a subsequent federal census; or (ii) Not less than five hundred seventy (570) nor more than six hundred ninety-nine (699), accor