Definitions.

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Definitions applicable to this article 4 also appear in article 3 of this title 44. As used in this article 4, unless the context otherwise requires:

(1) (a) "Fermented malt beverage" means malt liquors, when purchased by a fermented malt beverage retailer from a wholesaler licensed pursuant to article 3 of this title 44; or when sold by a fermented malt beverage retailer to consumers or to persons licensed under section 443-411, 44-3-413, 44-3-414, 44-3-416 to 44-3-420, 44-3-422, 44-3-426, or 44-3-428.

(b) "Fermented malt beverage" does not include confectionery containing alcohol within the limits prescribed by section 25-5-410 (1)(i)(II).

  1. "License" means a grant to a licensee to sell fermented malt beverages at retail asprovided by this article 4.

  2. "Licensed premises" means the premises specified in an application for a licenseunder this article 4 that are owned or in possession of the licensee and within which the licensee is authorized to sell, dispense, or serve fermented malt beverages in accordance with the provisions of this article 4.

  3. "Local licensing authority" means the governing body of a municipality or city andcounty, the board of county commissioners of a county, or any authority designated by municipal or county charter, municipal ordinance, or county resolution.

  4. Repealed.

  5. "State licensing authority" means the executive director or the deputy director of thedepartment if the executive director so designates.

Source: L. 2018: Entire article added with relocations, (HB 18-1025), ch. 152, p. 1067, §

2, effective October 1. L. 2019: (1)(a) and (2) amended and (5) repealed, (SB 19-011), ch. 1, p. 2, § 2, effective January 31.

Editor's note: This section is similar to former § 12-46-103 as it existed prior to 2018.


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