§ 5-32. Definitions.

For the purposes of this article, the following definitions shall apply:

Alcoholic beverage shall mean any light wines and/or beer as those terms are used in MCA (1972) § 67-3-1, et seq.

Consume or consumption shall mean any ingestion of alcoholic beverages or the possession of any alcoholic beverages in any type of drinking container or in any bottle, can or other container upon which the seal, cork or cap has been opened.

Premises shall mean the building in which the public or private commercial establishment is located and the land, parking lot and improvements connected with or serving such establishment, which land, parking lot and improvements are under the possession or control of the proprietor of such establishment.

Public or private commercial establishment shall mean any store, restaurant, bar, lounge, club, lodge, fraternal order meeting place, or any other business, whether for profit or not for profit, and whether or not said business is a holder of a permit issued by the alcoholic beverage control division of the department of revenue or a beer privilege license from the City of Olive Branch, which charges or accepts revenue of any type in exchange for goods, sources, membership or admittance.

Store or storage shall mean to accept, hold, refrigerate, mix, pour or receive any alcoholic beverage or container thereof not owned or sold by the proprietor of a public or private commercial establishment as defined herein.

Nudity or a state of nudity shall mean the appearance of a human bare buttock, anus, male genitals, female genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. It also shall mean the exposure of a bare female breast or the employment of any device or covering intended to give the appearance of or simulate a female breast.

Semi-nude shall mean a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Establishment dealing in alcoholic beverages shall mean any business or commercial establishment (whether open to the public at large or where entrance is limited by cover charge or membership requirement) including those licensed by the state for sale and/or service of alcoholic beverages, and any bottle club; hotel; motel; restaurant; night club; country club; cabaret; meeting facility utilized by any religious, social, fraternal or similar organization; business or commercial establishment where a product or article is sold, dispensed, served or provided with the knowledge, actual or implied, that the same will be, or is intended to be mixed, combined with or drunk in connection or combination with an alcoholic beverage on the premises of said business or commercial establishment; or business or commercial establishment where the consumption of alcoholic beverages is permitted. A private residence, whether permanent or temporary in nature, is not an establishment dealing in alcoholic beverages.

(Ord. of 11-5-13, § 2; Ord. of 2-6-2018(2))