5.62.020 Definitions.
As used in this chapter, the following definitions apply:
“Alcohol” or “alcoholic beverage” means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, 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.
“Alcoholic beverage sales” means the retail sale or furnishing of alcoholic beverages for on-site or off-site consumption.
“Alcoholic beverage sales establishment” means a licensed establishment in the City of Sebastopol where alcoholic beverage sales occur.
“Approved trainer” means a person who is approved by the Sebastopol Police Chief or designee in accordance with regulations adopted by resolution of the City Council, as the same may be amended from time to time.
“California Department of Alcoholic Beverage Control” or “ABC” or “Department” refers to the department of the State of California empowered to act pursuant to Article 20, Section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.
“Certificate of completion” means a certificate issued to any person who attends and successfully completes a responsible beverage service (RBS) training program.
“Full-service restaurant” means a place that:
1. Is primarily, regularly and in a bona fide manner used and kept open for the serving of at least dinner to guests for compensation;
2. Has kitchen facilities containing conveniences for cooking an assortment of foods that may be required for those meals;
3. Obtains a minimum of 67 percent of its gross receipts from the sale of meals and other food and nonalcoholic drink products; and
4. Submits evidence of total meal and other nonalcoholic product sales to municipal officials upon request for purposes of determining its status under this chapter. A place that sells or serves only sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or only snack foods, or both, is not a full-service restaurant.
“Licensee” means any person holding a license issued by the ABC to sell alcoholic beverages.
“Manager” means a person, regardless of job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of an alcoholic beverage sales establishment. Authority to control one or more of the following functions shall be prima facie evidence that such a person is a manager of the alcoholic beverage sales establishment:
1. Hire or fire employees;
2. Contract for the purchase of furniture, equipment, or supplies other than the occasional replenishment of stock;
3. Distribute funds of the licensed business other than for the receipt of regularly replaced items of stock; or
4. Make or participate in policy decisions regarding operation of the alcoholic beverage sales establishment.
“Off-site alcoholic beverage sales establishment” means an alcoholic beverage sales establishment providing the sale and service of alcoholic beverages for consumption by patrons off the premises. Off-site alcoholic beverage sales establishments include but are not limited to the following: liquor stores; beer and wine stores; convenience markets; markets; neighborhood specialty food markets; retail sales establishments; wine shops; and service stations.
“On-site alcoholic beverage sales establishment” means an alcoholic beverage sales establishment providing the sale and service of alcoholic beverages for consumption by patrons on the premises. On-site alcoholic beverage sales establishments include but are not limited to the following: taverns; clubs; cocktail lounges; ballrooms; cabarets; piano bars; billiard or game parlors; wine tasting establishments; breweries; bowling alleys; nightclubs; cafes; dance halls; bars; restaurants with bars; full-service restaurants; and fast food establishments.
“Responsible beverage sales and service training program” or “RBS training program” means a program in responsible alcoholic beverage sales and service training, conducted by a trainer approved by the Sebastopol Police Chief or designee.
“Security staff worker” means any person who, as part of his or her employment, works in an alcoholic beverage sales establishment, provides security functions to the establishment and its patrons, and is not a manager or server.
“Server” means any person who, as part of his or her employment, sells, serves, or delivers any alcoholic beverage at an alcohol beverage sales establishment.
“Shoulder tapping” is a method of obtaining alcoholic beverages by a person under 21 years of age, whereby the person under 21 years of age stands outside an off-site alcoholic beverage sales establishment, such as a liquor store or supermarket, and asks a person over 21 years of age to purchase an alcoholic beverage on his or her behalf. (Ord. 1104 § 2, 2017)