Section 5-01-01 - DefinitionsIn 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. "In bulk" means in containers having a capacity not less than one-sixth barrel for use for the sale of malt beverages at retail.8. "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.9. "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.10. "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.11. "Liquor" means any alcoholic beverage except beer.12. "Local governing body" means the governing entity of a city, county, or federally recognized Indian tribe in this state.13. "Local license" means a city, county, or tribal retail alcoholic beverage license issued by the appropriate local governing body.14. "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.15. "Organization" means a domestic or foreign corporation, general partnership, limited partnership, or limited liability company.16. "Sparkling wine" means wine made effervescent with carbon dioxide.17. "Supplier" means an alcoholic beverage manufacturer, importer, marketer, or wholesaler selling alcoholic beverages to a wholesaler licensed in this state for purposes of resale.18. "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.19. "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.20. "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.Amended by S.L. 2021, ch. 457 (HB 1099),§ 1, eff. for taxable periods beinning 7/1/2021.Amended by S.L. 2013, ch. 74 (SB 2147),§ 1, eff. 8/1/2013.