All definitions contained in the Illinois Liquor Control Act (235 ILCS 5/1-1 et seq., as amended) are hereby incorporated herein by reference, as if set forth fully herein. Reference is hereby particularly made to the definitions in such Act of "spirits", "wine", "beer", "alcohol", "alcoholic liquor", "brew pub", "limited wine manufacturer", "wine-maker", "club", "original package", "retailer", "caterer retailer", "sell at retail", "sale at retail", "sale", "to sell", "restaurant" and "hotel."
In addition to the definitions provided in such Act, the following words and phrases shall be defined as follows, unless the context requires otherwise:
ALCOHOL SERVER: | A person who sells or serves open containers of alcoholic beverages at retail and anyone whose job description entails the checking of identification for the purchase of open containers of alcoholic beverages at retail or for entry into the licensed premises. |
BEER GARDEN: | Open air area both adjacent to and accessible to a primary use or manufacturer retailer business possessing a license pursuant to this title to sell alcohol, which area contains a fence, wall, or other construction surrounding its perimeter, and in which alcoholic liquor is sold, offered for sale, delivered, or consumed. |
CONTROL PREMISES: | The total area of the premises which the licensee controls or is responsible for and shall include, but not be limited to, the licensed service premises, parking lots, sidewalks, or other areas adjacent to and utilized by the licensed premises and its patrons. |
DELIVERY: | The act of transferring or giving in any manner or by any means alcoholic liquor to another by any person, whether as principal, proprietor, agent, servant or employee. |
DOWNTOWN ENTERTAINMENT DISTRICT: | The area as approved by the City Council, the official map of which shall be maintained by the City Clerk's Office and published on the City's website. |
GROCERY STORE: | An establishment, the principal stock of which is one of groceries and for which the principal business is the sale and distribution of said stock, including, but not limited to, produce, dairy products, eggs, canned goods, meat, frozen goods, household cleaners, paper products and breads. A convenient store, which offers a limited availability of food items, shall not be considered a "grocery store" for the purposes of this definition. |
GROWLER OR CROWLER: | A reusable rigid container that holds up to one hundred twenty eight (128) fluid ounces of beer or other brewed or fermented beverage and is designed to be sealed on premises by the licensee for off-premises consumption. |
LICENSED SERVICE PREMISES: | That area as described in the application where alcoholic liquor is allowed to be served, stored or sold and areas internally or externally connected thereto by doorways which areas are integrally related to the operation of the licensed establishment, except that within the downtown entertainment district, the licensed premises shall include the whole of the controlled premises and any adjacent and contiguous property owned or leased by the licensee. |
LICENSEE: | Any person, corporation, limited liability company, or partnership holding a license under the terms and provisions of this title. |
LOCAL LIQUOR CONTROL COMMISSION: | The Commission consisting of the Mayor and City Council members who do not hold a liquor license in of the City of Carbondale, Illinois. |
MANUFACTURER RETAILER: | Grower, manufacturer, or producer of beer, wine, spirits, or other alcohol eligible to hold an Illinois liquor license allowing the licensee to conduct retail sales of alcohol for on-premises consumption or for carry-out purchases whether in its original package or bottled and sealed on-site. |
ORIGINAL PACKAGE: | A bottle, flask, jug, can, cask, barrel, keg, or any other receptacle or container, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor to contain and convey any alcoholic liquor. |
OUTDOOR CAFE: | Open air area adjacent to and accessible to a secondary use liquor license establishment possessing a license pursuant to this title to sell alcoholic liquor in which area alcohol may be sold, offered for sale, delivered or consumed. |
PERSON: | Includes a corporation, firm, partnership, association, organization, limited liability company, and any other group acting as a unit, as well as individuals. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" appears in any section of this title prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations or limited liability company, shall include the officers, agents or members thereof who are responsible for any violation of this title. |
PRIVATE FUNCTION: | As it relates to possession or consumption of alcohol in an unlicensed facility, a private party, private function, or private event is for a specific social or business occasion, either by invitation or reservation and not open to the general public, at which there are fewer than fifty (50) guests. Functions exceeding this number of guests at an unlicensed facility require a licensed caterer of alcohol if alcohol sales or consumption is to occur. |
RESTAURANT: | Any public place kept, used, maintained, advertised and held out to the public as a place where meals are actually and regularly served, without sleeping accommodations; such space being provided with an 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 guests, and having the principal source of revenue come from the sale of nonalcoholic beverages and food. |
SALE: | Any transfer or exchange in any manner or by any means whatsoever for consideration, and includes and means sales made by any person, whether as principal, proprietor, agent, server, or employee. This term shall include the request for donation or admission fees to any outdoor area, structure, or event where liquor is being served, whether or not other goods, services, or entertainment is being provided. |
SIDEWALK RESTAURANT: | Outdoor cafe operating by issuance of an encroachment permit to a secondary use liquor license establishment located in the primary business district (BPR) subject to the requirements of title 17: Streets, Sidewalks, and Other Public Property. (Ord. 2021-22) |