3-5-202. Definitions.

3-5-202. Definitions. As used in this subchapter, unless the context otherwise requires: (1) “Beer” means any fermented liquor made from malt or any substitute therefor and having an alcoholic content not in excess of five percent (5%) by weight; (2) “Brewery” means any place where beer as defined by this section is manufactured for sale or consumption; (3) “Consumer” means a person who receives or in any way comes into possession of beer and light wines as defined in this section for the purpose of consuming them, giving them away, or distributing them in any way other than by sale, barter, or exchange; (4) “Distributor” means any person who receives, either from within or from without this state, light wines and beer as defined by this section for the purpose of distributing them to the dealer either in the original stamped packages as received from the brewery or winery or in bottles as received from the bottler; (5)(A) “Home-brewed beer” means beer, ale, porter, stout, and other similar fermented beverages containing one-half of one percent (0.5%) or more of alcohol by volume brewed or produced from malt, wholly or in part, or from a substitute for malt, for consumption but not for sale. (B) Any manufacturer of home-brewed beer must have attained twenty-one (21) years of age; (6) “Intoxicating liquor” means vinous, ardent, malt fermented liquor or distilled spirits with an alcoholic content in excess of five percent (5%) by weight; (7) “Light wine” means the fermented juice of grapes or other small fruits, including berries, and having an alcoholic content not in excess of five percent (5%) by weight; (8) “Person” means one (1) or more persons, a company, a corporation, a partnership, a syndicate, or an association; (9) “Rule” or “proper rule” means such reasonable rules authorized by law and made and promulgated by the Director of the Alcoholic Beverage Control Division with the approval of the Alcoholic Beverage Control Board; (10) “Retail dealer” means any person who sells to the consumer light wines or beer in quantities of less than sixteen gallons (16 gals.); (11) “Warehouse” means a house or building equipped to maintain such temperature as may be required by the rules promulgated by the director for the storage of beer or wine and a place at which taxes on the beer or wine shall be collected; (12) “Wholesale dealer and distributor” means any person who sells beer or light wines to retail dealers in quantities of three gallons (3 gals.) or more; and (13) “Winery” means any place where light wine as defined by this section is manufactured for sale or consumption.