This chapter shall be liberally construed, to the end the health, safety and welfare of the people of this city shall be protected and temperance in the consumption of alcoholic liquors shall be fostered or promoted by sound and careful control, under the home rule powers of the city, the following words and phrases shall have the meanings ascribed to them in this section:
ALCOHOL: The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
ALCOHOL SERVERS TRAINING PROGRAM: The alcohol servers training program shall include training servers on how to identify fraudulent personal identification cards and driver's licenses, educating servers of alcoholic liquor on relevant local and state laws regarding alcoholic liquor service and explanation of the role of law enforcement with regard to minimizing the sale of alcoholic liquor to minors and the prevention of underage drinking of alcoholic liquor. The training program must be approved in advance by the liquor commissioner of the city of Alton to meet the requirements of this chapter. The alcohol servers training program shall provide a certificate of completion to successful participants.
ALCOHOLIC LIQUOR: Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume which is fit for beverage purposes.
BANQUET FACILITY: A properly zoned building utilized for the purpose of accommodating large gatherings of people for special events in one room where food and drinks can be served. To qualify as a banquet facility, the room must be capable of seating not less than one hundred (100) individual diners in accordance with all other applicable codes.
BEER: A beverage obtained by alcoholic fermentation of a infusion or concoction of barley or other grain, malt and hops in water, and includes among other things, beer, ale, stout, lager beer, porter and the like.
CLUB: A patriotic or veterans' society organized under the laws of the United States or the state of Illinois; or
A corporation organized under the laws of the United States or the state of Illinois but not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors kept, used and maintained by its members through the payment of annual dues and owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation for its members and their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and guests; provided, that such club files with the Mayor at the time of its application for a license under this chapter two (2) copies of a list of names and residences of its members and similarly files within ten (10) days of the election of any additional member, his name and address; and provided further, that its affairs and management are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting and that no member or any officer, agent or employee of the club is paid, or directly or indirectly receives in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club which:
A. Is affiliated with a national club or organization and/or clubs or organizations in all fifty (50) states; or
B. Maintains eating, golf and swimming facilities on club premises for the use of members and their guests; or
C. Was chartered as a not for profit corporation prior to December 3, 1933, and regularly and routinely restricts admittance to the premises to members of the club and their guests.
CONTINUOUS OPERATION: Operation of the licensed business for at least five (5) hours a day for a period of at least five (5) days a week.
DISTRIBUTOR: Any person, other than a manufacturer, who is engaged in the City in purchasing, storing, possessing or warehousing any alcoholic liquors for resale.
HOTEL: Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty five (25) or more rooms are used for sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
ILLINOIS LIQUOR CONTROL ACT: An Act passed by the 58th Illinois General Assembly entitled An Act Relating to Alcoholic Liquors, approved January 31, 1934, as amended 1 .
ILLINOIS LIQUOR CONTROL COMMISSION; STATE COMMISSION: The commission created by article III, section 1 of the Illinois Liquor Act.
INTOXICATING LIQUORS: See definition of alcoholic liquor.
LICENSED PREMISES: The premises described in the application for the license or in the license, as the place where the business to be covered, or covered by the license is to be, or is carried on. This term shall include only the permanent structure housing the licensed business as distinguished from the parking lots and the remainder of the property outside such structure, but on property owned or rented by the licensee. In the event that a liquor license includes a sidewalk cafe, as defined in chapter 7, article B of this title, on proof of ownership or a leasehold interest in the said sidewalk cafe premises and upon compliance with all other provisions of this Code including provision of dramshop insurance covering the sidewalk cafe portion of the business included, a liquor license hereunder may include on its face a description of such sidewalk cafe as part of the described licensed premises; provided, that alcohol may not be served or consumed upon any property not specifically within the licensed premises as set forth in the liquor license.
LICENSEE: All persons who are owners or are in control of any place where the sale or distribution of alcoholic liquor is carried on, whether they be individuals, partners, corporations, joint stock companies, fiduciaries or officers, directors, stockholders or employee, manager or bartender.
MANAGER: A person employed by a licensee for the purpose of overseeing the operation of a licensed business and exercising discretionary authority on behalf of the licensee during the hours that the manager is on duty.
MINOR: For the purposes of this chapter, any person under twenty one (21) years of age.
ORIGINAL PACKAGE: A bottle, flask, jug, can, barrel, keg, hogshead or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
PACKAGE SALES: The sale or offering for sale at retail of alcoholic liquor, in the original package, and not to be consumed or in fact consumed in whole or in part on the premises where sold.
RENTAL HALL BUSINESS: A business organized in such a way that it provides a place available for rental by members of the general public. The building housing the business must be designed to accommodate a minimum of two hundred fifty (250) persons safely. Such a business is typified by wedding celebrations, parties or dances by private clubs or individuals. In this type of business the lessor/licensee is paid a fee by the lessee for the use of the hall and for providing alcoholic liquor.
RESTAURANT: Any public place having regular menus which is kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually and regularly served, such space being provided with adequate and separate sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. In addition, any business claiming to be a restaurant must document, upon demand, that fifty percent (50%) or more of its gross receipts is derived from the sale of food as distinguished from alcoholic liquor.
RETAIL ESTABLISHMENT WHERE THE SALE OF ALCOHOLIC LIQUOR IS NOT THE PRINCIPAL BUSINESS: Any establishment holding a license for the sale of alcoholic liquor wherein more than fifty percent (50%) of its gross sales or revenues for any calendar month in the preceding twelve (12) months are for items or services other than alcoholic liquors.
RETAILER: A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
SALE: A transfer, exchange or barter of alcoholic liquor in any manner or by any means whatsoever, for a consideration, and includes all sales made by a person, whether principal proprietor, agent, servant or employee. Sale shall also include any delivery of alcoholic liquor for consumption on the premises of any property zoned for commercial or industrial use.
SEALED GROWLER: The sale of a sealed growler containing beer or ale shall be considered a permitted package sale for a liquor licensee entitled to sell beer and wine in the original package. A sealed growler shall be defined and meet the requirements as set forth herein.
SELL AT RETAIL; SALE AT RETAIL: Sales or delivery of alcoholic liquor for use or consumption and not for resale in any form.
SPIRITS: Any beverage which contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
STATE CERTIFIED BEVERAGE ALCOHOL SELLERS AND SERVERS EDUCATION AND TRAINING (BASSET) PROGRAM: A BASSET Program licensed by the State of Illinois Liquor Control Commission (ILCC) as required by 235 Illinois Compiled Statutes 5/3-12(11.1) and 5/6-27 and title 77 of the Illinois Administrative Code, chapter XVI, section 3500. All licensed BASSET providers shall be required to have on file with the City of Alton Liquor Control Commissioner, all licenses and certificates to prove current qualification and shall provide a certificate of completion to any of their respective participants as part of the proof of completion of their respective BASSET Program in order to be recognized as a qualified BASSET Program by the City of Alton Liquor Control Commissioner.
TO SELL: To solicit or receive an order for, to keep or expose for sale or delivery, or to keep with intent to sell or deliver alcoholic liquor.
WINE: Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of "alcohol" or "spirits", as hereinabove defined. (Ord. 4714, 11-24-1982, eff. 1-1-1983; amd. Ord. 4795, 8-24-1993; Ord. 5872, 5-11-1994; Ord. 7001, 5-9-2007; Ord. 7060, 3-26-2008; Ord. 7109, 12-10-2008; Ord. 7294, 1-11-2012; Ord. 7601, 11-21-2017; Ord. 7600, 12-13-2017)
Notes
| 1 | 1. 235 ILCS. |