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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL. The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the original thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
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 alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing 0.5% or less, of alcohol by volume.
BEER. A beverage obtained by 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.
CLUB.
(1) A group of persons or a corporation organized under the laws of the state, not for pecuniary profit, or organized solely for the promotion of some common object other than the sale of or consumption of alcoholic liquors, which is kept, used and maintained by its members and owns, hires or leases a building or space in a building of such extent and character as may be suitable and adequate for reasonable and comfortable use and accommodation of its members and their guests and is provided with suitable and adequate kitchen and dining room space and equipment.
(2) However, such a CLUB shall file with the Local Liquor Control Commissioner at the time of its application for an original license or renewal thereof, a list of the names, resident addresses and phone numbers of its officer and members.
CONSUMPTION SALES. The sale or offering for sale at retail of any alcoholic liquor for consumption on the premises where sold.
LIMITED LIABILITY COMPANY (L.L.C.). Has simultaneously the business organization law benefit of limited liability for all owners and tax benefit of partnership federal income taxation. It will be treated as a corporation for purposes of this chapter.
ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever used, corked, capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
PATRON. Any customer, attendee or visitor of a licensed establishment who is not an employee of the establishment.
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 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 and kind of employees to prepare, cook and serve suitable food for its guests.
RETAILER. A person, group of persons, partnership or corporation 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 by any means whatsoever, including the transfer of alcoholic liquors by and through the transfer or negotiations of warehouse receipts or certificates, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
SELL AT RETAIL and SALE AT RETAIL. Sales 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, vodka or other spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
TO SELL. Includes to keep or expose for sale and to keep with intent to sell.
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 defined above.
(Prior Code, § 111.02) (Ord. 99-287, passed 12-14-1999)
(A) Local Liquor Control Commissioner. The Mayor shall be the Local Liquor Commissioner. He or she shall receive such salary as determined by the City Council. He or she may make such rules and regulations to govern the conduct of licensees as are consistent with this chapter and state law.
(B) Powers of Local Liquor Commissioner. The Local Liquor Commissioner shall have the following powers, functions and duties with respect to licenses, other than licenses to manufacturers, importing distributors, distributors, foreign importers, non-resident dealers, non-beverage users, brokers, railroads, airplanes and boats:
(1) To grant and or suspend for not more than 30 days or revoke for cause all local licenses issued to persons for premises within his or her jurisdiction;
(2) To enter or to authorize any law enforcement officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this chapter or the State Liquor Control Act, 235 ILCS 5, or any rules or regulations adopted by him or her or by the State Commission have been or are being violated, and at such time to examine said premises of said licensee in connection therewith;
(3) To notify the Secretary of State where a club incorporated under the General Not for Profit Corporation Act of 1986, 805 ILCS 105, or a foreign corporation functioning as a club in the state under a certificate of authority issued under the Act has violated the Act by selling or offering for sale at retail alcoholic liquors without a retailer’s license;
(4) To receive complaint from any citizen within his or her jurisdiction that any of the provisions of the Act, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon such complaints, as provided;
(5) To receive local license fees and pay the same forthwith to the City Treasurer as the case may be;
(6) To levy fines; and
(7) To appoint a person or persons to assist him or her in the exercise of the powers and the performance of duties herein provided for such Local Liquor Control Commissioner.
(Prior Code, § 111.03) (Ord. 99-287, passed 12-14-1999)
Statutory reference:
Local Liquor Control Commissioners, see 235 ILCS 5/4-1 et seq.
(A) Police officers are authorized to check all liquor establishments for possible violations.
(B) Fire, Health and Building Inspectors shall make inspections for compliance as required, to protect public safety and health, with applicable Fire, Health and Building Codes and regulations and submit a written report thereof to the Mayor.
(Prior Code, § 111.04) (Ord. 99-287, passed 12-14-1999)
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