A. "Business vendor" means any person, firm, individual, corporation, partnership, association, joint venture, vendor, or any combination thereof, selling or offering for sale soft drink or malt beverages.

B. "City" means all that territory within the corporate limits of the City of Berkeley;

C. "City Manager" means the City Manager or said manager’s designated representative.

D. "Container" means any airtight sealed device made of glass, metal, plastic or other materials which directly holds or contains soft drink or malt beverages.

E. "Distributor" means any person, firm, business or corporation engaged in the distribution and supply of soft drink or malt beverages to vendors in the City.

F. "Malt beverage" means beer, ale, or similar beverages with a malt base.

G. "Nonrefillable container" means any container used for the sale of soft drink or malt beverages other than a "refillable container" as defined in subsection H of this section.

H. "Refillable container" means any container used for the sale of soft drink or malt beverages and which container can be washed, sterilized and refilled for resale of such beverages, and for which the vendor receives at least two cents for each such container from the vendor’s distributor.

I. "Sale" means a commercial transaction by any person, firm, individual, corporation, partnership or vendor, in which transaction beverages are sold directly to the public for a monetary consideration for the purpose of off-premises consumption. "Sale" shall not include a transaction for the purpose of reselling.

J. "Soft drink beverage" means mineral water, soda water, or other carbonated fruit flavored beverages, or any artificial mineral waters in liquid form commonly known as soft drinks intended for human consumption. "Soft drink beverage" shall not include dairy products or fruit juices.

K. "Vending machine" shall mean any mechanical device which, upon insertion of coins, sells or dispenses soft drink beverages in containers. All vending machine sales will be considered to be for the purpose of off-premises consumption. (Ord. 4909-NS § 1 (part), 1976: Ord. 4830-NS § 1, 1976)