§ 26-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Employee means the person, corporation, partnership, joint venture or group enterprise legally responsible for the day-to-day operation of the late-night business, store or operation.

Late-night business, store or operation means a commercial establishment of a retail sales nature that:

(1)

Offers goods, petroleum products, household or sundry items or any other merchandise, commodity or item for sale.

(2)

Operates or is open for business at any time during the hours of 10:00 p.m. and 5:00 a.m.

(3)

Does not sell or have for sale prescription drug items.

(4)

Is not a business where the majority of its income is derived from the sale of alcoholic beverages or food for consumption on the premises or the rental of sleeping accommodations.

Owner means the person, corporation, partnership, joint venture or other group enterprise or legal entity having lawful possession of the premises upon which the late-night business, store or operation is operated. The owner of a late-night business, store or operation may have only a leasehold interest in the property upon which the late-night business, store or operation is located, but still be deemed the owner of the late-night business, store or operation, notwithstanding the fact that the owner does not have a fee simple ownership in the property.

(Ord. No. 90-25, § V, 7-5-90)

Cross reference

Definitions and rules of construction generally, § 1-2.