For the purposes of this subchapter, whenever any of the following words, terms or definitions are used herein, they shall have the meaning ascribed to them in this section.
"ALCOHOLIC LIQUOR." Any spirits, wine, beer, ale or other liquid containing more than one half of one percent of alcohol by volume, which is capable of being consumed as a beverage by a human being.
"BAR." An establishment for the serving of alcoholic liquor.
"FOOD ITEM PREPARED FOR IMMEDIATE CONSUMPTION." Any and all material, whether solid, semi-solid or liquid, used or intended to be used for human consumption and for nourishment of the human body. The term defined herein includes any and all alcoholic liquor, except alcoholic liquor purchased in original package for consumption off the premises where sold. The term excludes soft drinks as defined in 2-10 of the Illinois Retailers' Occupation Tax Act, ILCS Ch. 35, Act 120, 2-10. The term shall include and be limited to:
(l) Food items purchased at a restaurant, bar or other establishment where facilities are provided for on-premise consumption, but such term shall not include food items purchased from other areas of any such establishment where such facilities providing on-premise consumption utilize a separate means of collecting receipts for such food purchased for immediate consumption and are physically separated from such other areas in the establishment;
(2) Food items purchased from concession stands, snack shops and other establishments which sell food items primarily in individual sized servings, such as ice cream cones, candy bars and individual serve sandwiches, for immediate on-premise or off-premise consumption;
(3) Convenience stores, deli counters, and gas stations where food items are prepared on-site for immediate consumption whether actually consumed on- premise;
(4) Food items which are purchased hot or are otherwise prepared for immediate on-premise or off-premise consumption from catering establishments and restaurants with delivery services.
"PERSON." Any natural person, trustee, court-appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agency, government corporation, municipal corporation, district or other political subdivision, contractor, supplier, vendor, vendee, operator, user or owner, or any officers, agents, employees or other representatives, acting either for himself or herself or for any other person in any capacity, or any other entity recognized by law as the subject of rights and duties. The masculine, feminine, singular or plural is included in any circumstance.
"RESTAURANT." Any public place kept, used, maintained, advertised, and held out to the public as a place at which prepared food items for immediate consumption are served and/or prepared, whether or not consumed or intended to be consumed on the premises, but shall not include coin-operated, automatic, food-dispensing machines.
“RETAILER.” Any person or persons having a sufficient proprietary interest in conducting a business which sells prepared food items for immediate consumption so as to entitle such person or persons to all or a portion of the net receipts from the sale thereof.
(Ord. 8348, passed 3-30-04; amend. Ord. 8357, passed 5-4-04; Am. Ord. 8492, passed 8-1-06)