Unless the context requires otherwise, the following words and phrases used in this chapter shall have the following meanings:
ACT: The Illinois liquor control act of 1934, 235 Illinois Compiled Statutes 5/1-1 et seq., as amended from time to time.
ALCOHOL: The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, including synthetic ethyl alcohol, but not including denatured alcohol or wood alcohol.
ALCOHOL SALES AND SERVICE TRAINING PROGRAM: BASSET, TIPS or such other alcohol sales and service training program approved in writing by the chief of police.
ALCOHOLIC LIQUOR: Any alcohol, spirits, wine, beer, or other liquid or solid, patented or not, containing more than one-half of one percent (0.5%) of alcohol by volume which is capable of being consumed as a beverage by a human being.
BARTENDER: A person employed by a licensee whose duties include preparing or pouring, and serving alcoholic beverages to customers for on site consumption. A waiter/waitress is not considered a bartender for purposes of this chapter.
BEER: A beverage obtained by the alcoholic fermentation of an 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.
BREWPUB: See definition of Microbrewery.
CATERER: A person who serves alcoholic liquors for consumption at private functions either on site or off site as an incidental part of food service.
CLUB: A "not for profit club" or "private club" as defined in this section.
COMMISSION: The local liquor control commission of the village of Berkeley, Illinois.
COMMISSIONER: The village president of the village of Berkeley, Illinois.
DEDICATED EVENT SPACE: A room or rooms or other clearly delineated space within a retail licensee's premises that is reserved for the exclusive use of party package invitees during the entirety of a party package. Furniture, stanchions and ropes, or other room dividers, may be used to clearly delineate a dedicated event space.
DISTRIBUTOR: A person, other than a manufacturer, who is engaged in the business of purchasing, storing, possessing, or warehousing any alcoholic liquors for resale or reselling at wholesale, whether within or without the village.
ESTABLISHMENT WHERE THE SALE OF ALCOHOLIC LIQUOR IS NOT THE PRINCIPAL BUSINESS: Any licensed premises or business where less than fifty percent (50%) of its gross sales or revenues in the preceding twelve (12) months were derived from the sale of alcoholic liquors.
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 the 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.
LICENSED PREMISES: The permanent structure housing a licensed business described in the application for the license, or the place where the business to be covered or covered by the license is to be, or is carried on, but not including parking lots and property outside such permanent structure unless otherwise specified in the license. Said premises may include designated outdoor areas such as decks and patios adjacent to said permanent structure with the approval of the local liquor control commissioner.
LICENSEE: A person holding a license under the provisions of this chapter, and all persons required to be listed on the license application for any license issued, and all persons who are owners or are in control of any place where the sale of alcoholic liquor is carried on, including, without limitation, individuals, clubs, partnerships, corporations, partners, managers, fiduciaries, officers, directors, and stockholders owning more than fifty percent (50%) of any corporation or more than five percent (5%) of nonpublicly traded corporations. This definition excludes an employee or bartender who is not otherwise an owner or in control of the licensed premises.
MANAGER: A person employed by a licensee who has authority to oversee the operation of a licensed business and exercise discretionary authority on behalf of the licensee.
MEAL PACKAGE: A food and beverage package, which may or may not include entertainment, where the service of alcoholic liquor is an accompaniment to the food including, but not limited to, a meal, tour, tasting, or any combination thereof for a fixed price by a retail licensee or any other licensee operating within a sports facility, restaurant, winery, brewery, or distillery.
MICROBREWERY: Any public place or establishment that engages in the production, manufacturing, or brewing of beer on the premises by means of adequate and sanitary equipment designed and maintained to facilitate the brewing process and dispenses that beer produced on the premises for consumption on the premises and packaged for retail sale.
NOT FOR PROFIT 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 this state: a) solely for the promotion of a common object other than the sale or consumption of alcoholic liquor and not for pecuniary profit; b) kept, used and maintained by its members through the payment of annual dues; c) 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 of its members and their guests; d) 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 their guests; and e) whose affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting.
ORIGINAL PACKAGE: Any 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 convey any alcoholic liquor.
PACKAGE SALES: The retail sale or offering for sale of alcoholic liquor in the original package, not to be consumed in whole or in part on the premises where sold.
PARTY PACKAGE: A private party, function, or event for a specific social or business occasion, either arranged by invitation or reservation for a defined number of individuals, that is not open to the general public and where attendees are served both food and alcohol for a fixed price in a dedicated event space.
PERSON: Includes corporation(s), copartnership(s), partnership(s), association(s), club(s), individual(s), trustee(s), receiver(s), assignee(s), executor(s), administrator(s), or other personal representatives of decedent(s).
PREMISES OR PLACE OF BUSINESS: The place or location where alcoholic beverages are stored, displayed or offered for sale, or where drinks containing alcoholic beverages are mixed, concocted and served for consumption including the interior of the building, sidewalks, streets, parking areas and grounds adjacent to any such place or location or any other area within the control of the licensee.
PRIVATE CLUB: An establishment where the sale of alcoholic liquor is not the principal business, and where the sale of alcohol is available only to its members and their guests and not to the general public.
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 in areas designated and used exclusively for the private party, function, or event.
RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public to be a place where meals are served, and where meals are actually 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 of the kind of employees to prepare, cook and serve suitable food for its guests.
RETAILER: A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
SALE: Any transfer, exchange, or barter, in any manner or means whatsoever, for a consideration, and includes and means all sales made by a person, whether principal, proprietor, agent, servant, or employee.
SELL AT RETAIL: Sales for use or consumption and not for resale in any form.
SPECIAL EVENT: Event lasting five (5) days or less organized by an educational, fraternal, political, civic, religious or nonprofit organization where the sale of alcoholic liquor, only for consumption at the location, is incidental to the main purpose or function of the event.
TO SELL: To solicit or receive an order for a sale, to advertise for sale, or to keep on premises with intent to sell.
VIDEO GAMING TERMINAL: Any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game including, but not limited to, video poker, line up and blackjack utilizing a video display and microprocessor in which the player may receive free games or credits that can be redeemed from cash. The term does not include a machine that directly dispenses coins, cash, or tokens, or is for amusement purposes only.
VIDEO GAMING TERMINAL OPERATOR: An individual, partnership, corporation, or limited liability company that is licensed under the Illinois Video Gaming Act, 230 Illinois Compiled Statutes 40/1 et seq., as amended, that owns, services, and maintains video gaming terminals for placement in licensed video gaming locations in the Village.
VILLAGE: The village of Berkeley, Illinois. (Ord. 13-22, 6-4-2013; amd. 2016 Code; Ord. 20-50, 10-6-2020)