A. Alcoholic beverages shall mean any liquid suitable for drinking by human beings, which contains one-half of one percent or more of alcohol by volume.

B. Beer shall mean any malt beverage containing more than one-half of one percent of alcohol by volume.

D. Person shall mean and include any individual, firm, corporation, association, club, co-partnership, society or any other organization; and shall include the singular and the plural.

E. Sale and sell shall mean all manner or means of furnishing alcoholic beverages, including the selling, exchange, barter, disposition of and keeping for sale of such alcoholic beverages.

F. Package and original package shall mean and include any container or receptacle containing an alcoholic beverage, which container or receptacle is corked or sealed by the manufacturer thereof and which cork or seal has not been removed or broken prior to the sale of such package to the purchaser.

G. Lodge shall include any corporation or association organized for civic, fraternal, social or business purposes or the promotion of sports, which has at least 100 members at the time of application for license.

Club shall mean and include any nonprofit organization created and maintained for the purpose of owning, operating or managing a facility to provide recreation of an athletic nature to its members and their guests.

I. Retail sale shall mean the sale of alcoholic beverages for use or consumption and not for resale.

J. Off-sale shall mean the sale of alcoholic beverages in original packages for consumption off or away from the premises where sold, and an off-sale license shall authorize the person named therein to conduct such off-sales only at the place designated in such license and not elsewhere, and shall not permit the opening of the package sold on the premises where sold. Such sale must in each case be completed by delivery of the liquor sold to the actual purchaser thereof on the licensed premises.

K. On-sale shall mean the sale of alcoholic beverages for consumption only on the premises where sold, and an on-sale license shall authorize the licensee to conduct such on-sales only at the place designated in such license and not elsewhere.

Under age shall mean the legal age promulgated by State law. For purposes of this ordinance, however, a person is not twenty-one years of age until 8:00 a.m. on that person's twenty-first birthday.

Retailer shall be deemed to mean and include any person engaged in the sale of alcoholic beverages under any type of license except a wholesale license.

Wholesaler shall be deemed to mean and include any person engaged in the sale and distribution of alcoholic beverages to persons holding a retail license for the sale and distribution of alcoholic beverages within the state.

Qualified alcoholic beverage licensee means a licensee in the City of Minto, North Dakota, who is licensed under the provisions of this ordinance and Chapter 5-02 of the North Dakota Century Code.

No licensee, his agent or employee, shall sell, serve or dispense alcoholic beverages to any person under the age of twenty-one (21) years, and no licensee shall permit any person under the age of twenty-one (21) years to be furnished with any alcoholic beverages on the premises for which a license is granted pursuant to the provisions of this chapter.

No person under the age of twenty-one (21) years of age shall purchase, attempt to purchase, receive or drink any alcoholic beverages in any public place or in any place licensed hereunder or on any street or alley within the city.

For purposes of this section, however, a person is not twenty-one years of age until 8:00 a.m. on that person's twenty-first birthday.

This article shall not apply to wines delivered to priests, rabbis and ministers for sacramental use.

This article shall not be construed to apply to the following articles, when they are unfit for beverage purposes:

A. All licenses issued hereunder shall be for a period of not more than one (1) year and shall expire on the 31st day of December in each year. Where a license is granted for a period less than one (1) year, any subsequent renewal thereof must be made for the full annual term.

B. If an application is made for license hereunder during the license year for the unexpired portion of such year, the fees for said license shall be proportional to represent the number of whole months which said license will be in effect.

Applicant, if an individual, must be a legal resident of the United States, a resident of the State of North Dakota and a person of good moral character.

If applicant is a corporation, the manager of the licensed premises and the officers, directors and stockholders must be legal residents of the United States and persons of good moral character. Corporate applicants must first be properly registered with the Secretary of State.

If applicant is a co-partnership, all the members must be legal residents of the United States and of good moral character.

Applicant or manager must not have been convicted of a felony.

Building in which business is to be conducted must meet local and state requirements regarding the sanitation and safety.

Taxes on property for which application for license is made must not be delinquent.

If applicant's place of business is to be conducted by a manager or agent, said manager or agent must possess the same qualifications required of the licensee.

The name and address of the applicant; if the applicant is a co-partnership, the name and address and place of residence of each member of said co-partnership; if the applicant is a corporation, the name and address of the officers of the corporation and the manager of the licensed premises.

Whether the applicant is a citizen of the United States, and if a naturalized citizen, the date and place of naturalization and place of residence of the applicant for a period of one year last preceding the date of application; if the applicant is a co-partnership the same preceding information for each member of said co-partnership; and if the applicant is a corporation, the date of incorporation, the state where incorporated, the purpose for which said corporation was incorporated and if such corporation is a subsidiary of any corporation, the name of the parent corporation.

The legal description and the address of the premises for which license is sought.

The date on which the applicant acquired title to the premises sought to be licensed, and if the applicant does not have title to said premises, the name and address of the owner of the premises together with a copy of the applicant's lease, if written, under which he holds possession of said premises.

Whether there are any delinquent taxes against the premises sought to be licensed.

Whether the applicant has ever engaged in the sale or distribution of alcoholic beverages prior to this application, and if so, the date and type of business and place where so engaged whether within or without the State of North Dakota, the date the applicant first began to operate.

Whether the applicant has ever had a license revoked or canceled by a municipal, state or federal authority, and if so, the date of such cancellation, the place and authority canceling the same and the reason for such cancellation.

Whether the applicant has ever been convicted of the violation of any law of the United States or of any state, or of the violation of any local ordinance with regard to the manufacture, sale, distribution or possession of alcoholic beverages, and if so, the dates, names of place and courts in which said convictions were had.

Whether the applicant has ever had a license for the sale of alcoholic beverages revoked for any violation of state laws or local ordinances, and if so, the names of the bodies revoking such license, the dates of such revocation and the reasons assigned therefore.

Whether the applicant has ever been convicted of any other crime than stated in subsections (H) and (I) hereof, in this state or any other state, or under any federal law, and if so, the date of such conviction, the name of the crime for which convicted, the amount and terms of sentence passed and the court in which convicted.

The name and address and the place of residence for a period of one year prior to the date of application of any person who will have charge, management or control of the establishment for which license is sought.

Whether any other person than the applicant has any right, title, estate or interest in the leasehold or in the furniture, fixtures or equipment in the premises for which license is sought, and if so, the name and address of such person together with a statement of the interest so held.

Whether the applicant has any interest whatsoever directly or indirectly, in any other establishment dispensing alcoholic beverages, either at wholesale or retail, within or without the State of North Dakota, and if so, the names and addresses of such establishments. This provision is meant to include the holders of capital stock in any corporation dealing in alcoholic beverages, either at wholesale or retail, within the borders of the United States.

The occupations that the applicant has followed during the past five years.

The names and addresses of at least three business references.

Whether the applicant is rated by any commercial agency, and if so, the name and address of said agency.

Whether the applicant is engaged in any other business or intends to be engaged in any other business than the sale of alcoholic beverages under the license for which application is made, and if so, the type of business, and if an employee, the name and address of the employer.

Section Nineteen: License - Location of.

A. The convenience of police regulations.

B. Public health and sanitation.

C. Proximity of other licensed businesses.

D. Proximity of schools, churches, funeral homes, public buildings or buildings used by or for minors.

E. Any protests of neighboring property owners or occupants.

F. Zoning regulations.

G. Proposed on- or off-sale or both licensee.

H. Interference with or proximity to residential property.

I. Interference with neighboring property.

J. Suitability of premises for sale of beer, liquor or alcoholic beverages.

K. Public convenience and necessity.

Section Twenty: License - Granting.

A. The death of the licensee unless upon application to the governing body by personal representative of the decedent, the governing body shall consent to the carrying on of the business by the personal representative.

B. When the licensee ceases business at the location licensed, unless a new location has been approved.

C. When the licensee be adjudged bankrupt.

D. When the licensee has been convicted of the violation of any provision of this article, or of the laws of the State of North Dakota pertaining to alcoholic beverages or of a felony under the laws of the United States, the State of North Dakota or of any other state of the United States.

E. When the licensee ceases to possess the qualifications required of an applicant for a license as set out in this article.

F. When the license or permit of the licensee from the United States Government or the State of North Dakota to sell alcoholic beverages at the location licensed has been terminated or been revoked.

G. When the licensee ceases to be a legal bona fide resident and citizen of the State of North Dakota.

A. When the licensee has been convicted of violating any of the provisions of this article.

B. When the business of the licensee at the location licensed shall be conducted in violation of health or sanitary regulations or other ordinances of the City.

C. When the licensee, if an individual, or one of the partners, if the licensee be a partnership, or one of the officers or the manager if the licensee be a corporation, be convicted in the municipal court of the City of drunkenness or disorderly conduct, or if any appeal be taken from such conviction then when such conviction be sustained by the higher court or courts.