Unless otherwise expressly stated or the context clearly indicates different intention, the following terms shall, for the purpose of this chapter have the meanings indicated as stated below.

(a)   Alcohol – means the product of distillation of any fermented liquid, whether rectified or diluted, whatever its origin, and includes synthetic ethyl alcohol but does not include denatured alcohol or wood alcohol.

(b)   Alcoholic liquor – means alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, but shall not include any cereal malt beverage.

(c)   Beer – means a beverage, containing more than 3.2% alcohol by weight, obtained by alcoholic fermentation of an infusion or concoction of barley, or other grain, malt and hops in water and includes beer, ale, stout, lager beer, porter and similar beverages having such alcoholic content.

(d)   Caterer – means an individual, partnership or corporation which sells alcoholic liquor by the individual drink, and provides services related to the serving thereof, on unlicensed premises which may be open to the public, but does not include a holder of a temporary permit, selling alcoholic liquor in accordance with the terms of such permit.

(e)   Cereal malt beverage – means any fermented but undistilled liquor brewed or made from malt or from a mixture of malt or malt substitute, but does not include any such liquor which is more than 3.2% alcohol by weight.

(f)   Class A Club – means a premises which is owned or leased by a corporation, partnership, business trust or association and which is operated thereby as a bona fide nonprofit social, fraternal or war veterans’ club, as determined by the Director of Alcoholic Beverage Control of the Department of Revenue, for the exclusive use of the corporate stockholders, partners, trust beneficiaries or associates (referred to as members) and their families and guests accompanying them.

(g)   Class B Club – means a premises operated for profit by a corporation, partnership or individual, to which members of such club may resort for the consumption of food or alcoholic beverages and for entertainment.

(h)   Distributor – means the person importing or causing to be imported into the state, or purchasing or causing to be purchased within the state, alcoholic liquor for sale or resale to retailers licensed under this act or cereal malt beverage for sale or resale to retailers licensed under K.S.A. 41-2702, and amendments thereto.

(i)    Drinking establishment – means premises which may be open to the general public, where alcoholic liquor by the individual drink is sold.

(j)    Highways and public places – shall include streets, alleys and all public property and buildings of the city; state and federal highways within the city; public and private off-street parking facilities open for use by the public; public and private parks and playgrounds open for use by the public; school and church driveways; service stations; drive-in businesses and commercial facilities; and sales lots for display of automobiles, machinery and equipment.

(k)   Manufacturer – means every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package and others engaged in brewing, fermenting, distilling, rectifying or baffling alcoholic liquor, beer, or cereal malt beverage.

(l)    Minor – means any person under 21 years of age.

(m)  Motor vehicle – shall be and include every vehicle which is self-propelled.

(n)   Person – means any natural person, corporation, partnership, trust or association.

(o)   Retailer – means a person who sells at retail, or offers for sale or retail, alcoholic liquor.

(p)   Restaurant – means:

(1)   In the case of a club, a licensed food service establishment which, as determined by the director, derives from sales of food for consumption on the licensed club premises not less than 50% of its gross receipts from all sales of food and beverages on such premises in a 12-month period.

(2)   In the case of a drinking establishment subject to a food sales requirement under K.S.A. 41-2642 and amendments thereto, a licensed food service establishment which, as determined by the Director of Alcoholic Beverage Control of the Department of Revenue, derives from sales of food for consumption on the licensed drinking establishment premises not less than 30% of its gross receipts from all sales of food and beverages on such premises in a 12-month period.

(q)   Sale – means any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes all sales made by any person, whether principal, proprietor, agent, servant or employee.