The following terms will be used in this subchapter:

(1) "Association" is defined in ARM 42.2.304.

(2) "Civic or community enterprise" means an activity organized for the public at large.

(3) "Conduct" means to develop, direct, manage and control the event.

(4) "Consideration" means the receiving of money or other compensation for providing a service, such as a charge for admission or other refreshments at the event where alcoholic beverages are provided.

(5) "Contiguous" is defined in ARM 42.2.304.

(6) "Enclosure" means an area with definable boundaries including, but not limited to, a fair grounds or baseball stadium grounds.

(7) "Manufacture" includes distillation, rectification, bottling, and processing, as defined under the provisions of the laws of the United States.

(8) "Ordinary retail price" means the everyday price established by the retailer for the sale of alcoholic beverages to consumers. For distilled spirits and fortified wine, the price cannot be less than the department's posted price.

(9) "Recreational or sporting activity" refers to those facilities that support the recreational and sporting activities commonly understood as resort activity and activity upon which a resort is based. This includes but is not limited to hiking, skiing, boating, swimming, horseback riding and golfing. This does not include such secondary activity as shopping, movie-going, dining, and sight-seeing.

(10) "Resort area" means a location or site in Montana where a recreational development, either proposed or existing, is located. The primary purpose of the resort area must be to provide a suitable location and the necessary facilities where the general public may engage in recreational or sporting activity. The resort development may not qualify as a resort area until it has been approved as such by the department.

(11) "Special event" is defined in ARM 42.12.106.

(12) "Structure" means the buildings and facilities constructed within the recreational development to house the alcoholic beverage service, and facilities constructed for use in recreational or sporting activity.