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All words and phrases used in this chapter that are defined in the liquor control act of 1934 1 ("liquor control act"), as now or hereafter amended, shall have the meaning accorded to such words and phrases in said act. Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the following definitions:
ACT: The Illinois liquor control act, 235 Illinois Compiled Statutes 5/1-1 et seq.
ADJACENT PREMISES: Any land or parking area adjacent to a licensed premises that is either owned by a liquor licensee, the licensee has a right to possession or use or is under the control of the licensee and is used incidentally for the licensed business.
ALCOHOLIC LIQUOR: Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to any liquid or solid containing one-half of one percent, or less, of alcohol by volume.
BAR: An area, alone or in conjunction with area set aside for other purposes, primarily intended for the service and consumption of alcoholic liquor where patrons may be served and consume alcoholic liquors served by a bartender with or without food service.
CATERER: A person who serves alcoholic liquors for consumption, either on site or off site, whether the location is licensed or unlicensed, as an incidental part of food service. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract.
CONSUMER PERSONAL SERVICE BUSINESS: Business providing primarily a consumer service, including but not limited to salon, hairdresser, beautician, manicure, pedicure and/or barbershop services, with incidental retail sales of products associated with the service.
CLUB: A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquors.
DISORDERLY CONDUCT: Such act or behavior of any person that in any manner alarms or disturbs another person or would alarm or disturb a person of reasonable sensibility or provokes a breach of the peace in, on or around the premises for which a liquor license has been issued pursuant to this chapter.
EVENT: Planned activity for a limited duration having a single theme.
GENERAL MANAGER: The individual or individuals with the responsibility to oversee the business for which a liquor license is issued when the owner of the business is absent.
HOLDING BAR: A bar area within a restaurant where patrons may consume alcoholic liquors served by a bartender with or without food service, while waiting for seating in the restaurant area or not.
HOTEL OR MOTEL: Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for pay to travelers and guests on a less than permanent basis.
LIVE ENTERTAINMENT: The personal appearance and performance by a person or persons of music using string, brass, reed, woodwind, percussion, electronic or digital instruments, acting, singing, mime, dancing, comedy, the recital of poetry, music played by a DJ, as well as dancing by patrons to live music or music played on an electronic device and other forms of performance.
LOCAL REGISTERED AGENT: An attorney with an office in Kane or DuPage County who has been identified by a liquor licensee or applicant for purposes of receiving notices pursuant to this chapter.
PERSON: Any individual, partnership, association, corporation, limited liability company, or other organization or entity.
PRIVATE FUNCTION: A prearranged private party, function, or event for a specific social or business occasion, either by invitation or reservation and not open to the general public, where the guests in attendance are served in a room or rooms designated and used exclusively for the private party, function, or event.
PROFESSIONAL SERVICE BUSINESS: Business that include services requiring special training in the arts or sciences that require professional degrees and/or licenses, including, but not limited to architects, accountants, engineers, lawyers, doctors and other licensed health care providers, tattoo artists, massage therapists, psychologists, social workers and licensed counselors; services involving specialized support to businesses, including but not limited to accounting, bookkeeping, IT services, consulting and management advice; and financial services.
PUBLIC PLACE: Any premises on which an enterprise or activity is conducted that is open to the general public, whether conducted for profit or not for profit and whether owned by a private person or governmental agency.
RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are regularly served, without sleeping accommodations, such space being provided with adequate 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. The intent of this definition is that the primary business conducted on the premises to be licensed as a restaurant shall be the service of meals.
RESTAURANT AND TAVERN: Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, without sleeping accommodations, such space being provided with adequate and 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 and having a bar or holding bar.
SALE: Any transfer, exchange or barter in any manner for consideration, or by any means whatsoever, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
SELL AT RETAIL AND SALE AT RETAIL: Refer to and mean sales for use or consumption and not for resale in any form.
SERVICE BAR: A permanent fixture or portable furniture from which waitpersons pick up alcoholic beverages for delivery to tables or other locations where patrons are seated. A service bar does not have seats or stools or areas for patrons to sit or stand while drinking alcoholic beverages and is not intended as a place where patrons may be served directly.
SERVING BAR: A bar fixture or counter from which alcoholic liquor may be served directly to patrons standing or seated at the bar.
SPECIAL EVENT: A planned event conducted by an educational, fraternal, political, civic, religious or nonprofit organization having a particular theme conducted solely for the promotion of some object related to the organization's purposes and not solely for the sale or consumption of alcoholic liquors.
SPECIAL EVENT RETAILER: A church, service club, fraternal or charitable organization, or other not for profit corporation or not for profit organization which has been in existence for more than two (2) years, and which has been organized solely for the promotion of some common object other than the sale or consumption of food and alcoholic liquor.
TASTING: A supervised presentation of alcoholic liquor at an off premises licensed retailer to the public for the purpose of disseminating product information and education, with consumption of alcoholic products being an incidental part thereof.
TASTING REPRESENTATIVE: A person registered with the state liquor commission to represent licensees in conducting tasting and test marketing.
TAVERN OR SALOON: Any public place kept, used, maintained, advertised and held out to the public as a place where alcoholic liquor may be purchased at retail, and not for resale, and consumed on the premises, with or without food service, for consumption on the premises. The intent of this definition is that the primary business conducted on the premises may be the sale and consumption of alcoholic liquors.
TEST MARKETING: To test new products or products unfamiliar to the sampler through a marketing firm or the like. (Ord. 13-16, 4-1-2013; amd. Ord. 15-17, 4-20-2015; Ord. 21-09, 2-15-2021)
1. 235 ILCS 5/1-1 et seq.