§ 5-01-01 — Definitions

In this title:
1. "Alcohol" means neutral spirits distilled at or above one hundred ninety degrees proof,
whether or not such product is subsequently reduced, for nonindustrial use.
2. "Alcoholic beverages" means any liquid suitable for drinking by human beings, which
contains one-half of one percent or more of alcohol by volume.
3. "Beer" means any malt beverage containing one-half of one percent or more of alcohol
by volume and includes an alcoholic beverage made by the fermentation of malt
substitutes, including rice, grain of any kind, glucose, sugar, or molasses, which has
not undergone distillation.
4. "Bottle or can" means any container, regardless of the material from which made,
having a capacity less than a bulk container for use for the sale of malt beverages at
retail.
5. "Direct shipper" means a person that is licensed by the commissioner and ships or
causes to be shipped alcoholic beverages directly into this state to a consumer for the
consumer's personal use and not for resale.
6. "Distilled spirits" means any alcoholic beverage that is not beer, wine, sparkling wine,
or alcohol.
7. "Domestic distillery" means a distillery that produces twenty-five thousand gallons
[94635 liters] or fewer of distilled spirits per year.
8. "In bulk" means in containers having a capacity not less than one-sixth barrel for use
for the sale of malt beverages at retail.
9. "Licensed alcohol carrier" means a person licensed to transport or deliver alcoholic
beverages to a consumer without first having the alcoholic beverage delivered through
a wholesaler licensed in this state.
10. "Licensed logistics shipper" means a person that provides fulfillment house services,
including warehousing, packaging, distribution, order processing, or shipment of
alcoholic beverages on behalf of a licensed direct shipper and by way of a licensed
alcohol carrier.
11. "Licensed premises" means the premises on which beer, liquor, or alcoholic beverages
are normally sold or dispensed and must be delineated by diagram or blueprint which
must be included with the license application or the license renewal application.
12. "Liquor" means any alcoholic beverage except beer.
13. "Local governing body" means the governing entity of a city, county, or federally
recognized Indian tribe in this state.
14. "Local license" means a city, county, or tribal retail alcoholic beverage license issued
by the appropriate local governing body.
15. "Manufacturing distillery" means a distillery that produces forty thousand gallons
[151416 liters] or fewer of distilled spirits per year.
16. "Microbrew pub" means a brewer that brews ten thousand or fewer barrels of beer
per year and sells beer produced or manufactured on the premises for consumption on
or off the premises or serves beer produced or manufactured on the premises for
purposes of sampling the beer.
17. "Organization" means a domestic or foreign corporation, general partnership, limited
partnership, or limited liability company.
18. "Satellite location" means an offsite location owned or leased by a manufacturing
distillery to conduct retail operations.
19. "Sparkling wine" means wine made effervescent with carbon dioxide.

20. "Supplier" means an alcoholic beverage manufacturer, importer, marketer, or
wholesaler selling alcoholic beverages to a wholesaler licensed in this state for
purposes of resale.
21. "Tribal licensee" means a person issued a local license by the governing body of a
federally recognized Indian tribe in this state for the retail sale of alcoholic beverages
within the exterior tribal reservation boundaries.
22. "Twenty-one years of age" means it is after eight a.m. on the date twenty-one years
after a person's date of birth.
23. "Wine" means the alcoholic beverage obtained by fermentation of agricultural products
containing natural or added sugar or such beverage fortified with brandy and
containing not more than twenty-four percent alcohol by volume.