(A) General. The following terms when used in this chapter shall have the meanings respectively ascribed to them in this section unless the context dictates otherwise. Terms that are not defined in this chapter but that are defined in the Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.) and the Video Gaming Act (230 ILCS 40/1 et seq.), each as amended, shall have the meanings respectively ascribed to those terms. Words and terms that are not defined in this chapter or in the Liquor Control Act of 1934 or the Video Gaming Act shall have the respective meanings ascribed to them in their customary and ordinary usage unless the context dictates otherwise. The following rules shall apply:
(1) Present tense includes the future tense.
(2) The masculine gender of a word includes the feminine form of the word.
(3) The singular form of a word includes the plural form of that word and vice versa.
(4) The word “shall” means mandatory, and the word “may” means permissive but not required.
(B) Definitions.
“AGENT.” Any individual who is an officer, associate, member, representative, manager, employee, or affiliate of the applicant or licensee, as the case may be.
“ALCOHOL.” Any one or more of the following types of beverages consumable by a human being: spirits, wine and/or beer and every liquid or solid, whether patented or not, that contains spirits, wine or beer.
“APPLICANT.” A person who applies for a license or a rider to obtain certain authority to sell and/or serve alcohol for on-premises and/or off-premises consumption.
“BEER.” A beverage produced by fermentation or an infusion or concoction of barley or other grain, malt, or hops in water and includes, among other things, beer, malt liquor, ale, stout, lager beer, porter, and the like any of which is intended for human edible consumption.
“BONA FIDE.” Some representation or act that is made, undertaken, or done in good faith without deception or fraud or without any intention or effort to deceive, evade, defraud, or mislead.
“CITY.” The City of Danville, Illinois.
“CLUB.” An Illinois non-profit association that is organized and existing for the promotion of some common interest other than the sale or consumption of alcohol. To qualify as a “CLUB”, the entity must meet the following criteria:
(a) The members of such entity must pay regular and fixed annual dues for membership in the club.
(b) The club must be governed by a standing governing board comprised of at least three club members who are selected or elected by the members of the club at an annual meeting of members held for that purpose and for other purposes related to the operation and maintenance of the club and its facilities. All assets used in the operation and maintenance of the club shall be owned by the club and not any member or elected governing board member of the club.
(c) The club must be open to its members as provided for on a published schedule.
(d) The club must have a building or space where members can gather on a regular basis and where such building or space can comfortably accommodate the object or purpose of the club and its membership.
(e) The club’s building or space must be either subject to a written lease for a period not less than one year or owned by the club in its name.
(f) The club’s building or space must provide a suitable and adequate kitchen that meets the sanitation requirements of the Vermilion County Health Department. The club’s building or space must provide for dining space for the consumption of prepared food, alcohol and other beverages.
“CONVENIENCE STORE.” A business (no greater than 20,000 square feet in size) that sells a limited variety of food products, general merchandise, and other convenience items; but which may also sell, as an incidental use, gasoline, oil or other automotive products. To be considered a “CONVENIENCE STORE” more than 50% of the gross sales of the business must be derived from the sale of products other than gasoline, oil and other automotive products.
“DEPUTY LIQUOR COMMISSIONER.” The city clerk of the City of Danville, Illinois who shall be deemed the city’s deputy local liquor control commissioner.
“DRIVE-UP WINDOW.” An opening in an exterior wall of a building that can be used to pass merchandise to customers and patrons who have ordered and purchased merchandise from the business that lawfully (by lease or ownership) occupies the building that is engaged in the sale of such merchandise.
“DRUG STORE.” A business (no less than 10,000 square feet in size) that sells over-the-counter medicines, medical supplies, and other health-related products and merchandise, and often employs a pharmacist to fill medical prescriptions; but which may also sell, as an incidental use, other general merchandise and convenience items. To be considered a “DRUG STORE”, more than 50% of the gross sales of the business must be derived from the sale of prescriptions, over-the-counter medicines, medical supplies, and other health-related products and merchandise.
“GAMING ACT.” The Video Gaming Act (230 ILCS 40/1 et seq.), as may be amended from time to time, and any rule or regulation promulgated by the Illinois Gaming Board.
“GASOLINE STATION.” A business or portion thereof used for the retail sale of gasoline, oil, or other fuel, parts, supplies, or accessories for motor vehicles; but which may also include, as an incidental use, the sale of food and other convenience items. To be considered a “GASOLINE STATION,” more than 50% of the gross sales of the business must be derived from the sale of motor fuel and other automotive related products.
“GROCERY STORE.” A business (no less than 20,000 square feet in size) where more than 50% of the gross sales are derived from the sales of groceries, produce, fresh meat and associated products. For purposes of this chapter, the term “GROCERY STORE” shall include retail business which is in excess of 100,000 square feet and includes the sale of grocery items, but where such sales may not exceed 50% of gross sales.
“GROWLER.” The sale of a sealable vessel, filled or refilled only by the licensee or licensee’s employees, to have the capacity of holding no more than 72 ounces containing beer or ale permitted as a package sale.
“HOTEL.” A building or complex of buildings that together constitute and operate as a single business that keeps, uses, maintains, advertises, and holds itself out to the public as a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient or permanent or residential. “HOTEL” also includes motels, bed and breakfasts, and other lodgings where the guest neither owns nor leases the space on a long-term basis.
“IDENTIFICATION CARD.” An official document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, a state or federal issued identification card, a passport, or a registration certificate issued under the Federal Selective Service Act. For purposes of this chapter, an official government-issued “IDENTIFICATION CARD” must be current and include the birth date and photograph of the person to whom the said document is issued.
“LICENSE.” The specific authorization granted by the City to a person to sell or serve alcohol at retail whether for consumption on-premises and/or off-premises of the licensee.
“LICENSEE.” The person named on a City-issued license.
“LIQUOR ACT.” The Liquor Control Act of 1934 (235 ILCS 5/1-1 et seq.), as may be amended from time to time, and any rule or regulation promulgated by the Illinois Liquor Control Commission.
“LIQUOR COMMISSIONER.” The mayor of the City of Danville, Illinois when serving in his or her capacity as the city's local liquor commissioner including but not limited to issuing licenses and/or riders and enforcing this chapter and the Liquor Act (235 ILCS 5/4-2) within the city.
“MINOR.” Any individual who has not attained the age of 21 years.
“OFF-PREMISES CONSUMPTION.” Consumption of alcohol beyond the premises from which the alcohol is lawfully sold by a licensee.
“ON-PREMISES CONSUMPTION.” The consumption of alcohol on the premises identified in the licensee’s license.
“ORIGINAL PACKAGE” and “ORIGINAL PACKAGE FORM.” Any bottle, flask, growler, jug, can, cask, barrel, keg, hogshead, or other receptacle or container whatsoever that is labeled and sealed by its manufacturer and used to transport alcohol produced by that manufacturer.
“PERSON.” An individual, sole proprietorship, partnership, club, limited liability company (whether member-managed or manager-managed), or corporation, whether for profit or not for profit, that is legally authorized to transact business within the State of Illinois.
“POSSESSION” and any form of the word “POSSESS.” Actual or constructive control, custody or dominion over a thing or legal right. A person has “ACTUAL POSSESSION” when the person has immediate and exclusive custody over the thing (e.g., container of alcohol) or legal right (e.g., a license). A person has “CONSTRUCTIVE POSSESSION” when the person lacks actual custody of the thing or legal right but has the right or power to control the thing or legal right either directly or through a third person. If two or more persons share the immediate and exclusive control over a thing or legal right or share the intention and the power to exercise control over a thing or legal right, then each person shall be deemed to have “POSSESSION” of the thing or legal right.
“PREMISES.” A parcel of land and any building situated thereon whether owned or leased by an applicant or a licensee. “PREMISES” shall not include any public right-of-way unless expressly provided otherwise in this chapter (e.g., city authority for an establishment to use part of a sidewalk to operate an outdoor café).
“PUBLIC PROPERTY.” Any real property owned, controlled, or managed by the City or any other unit of federal, state or local government but not necessarily limited to buildings, structures, streets, alleys, sidewalks, parking lots, parkways, school grounds, or parks.
“RESTAURANT.” Any public place kept, used, maintained, advertised, and held out to the public as a place where (i) meals are regularly prepared in a kitchen certified as sanitary by the Vermilion County Health Department and served for consumption on the licensee’s or applicant’s premises; (ii) the licensee or applicant does not provide sleeping accommodations; and (iii) adequate space, and dining equipment and materials are provided to accommodate the maximum number of guests the licensee or applicant anticipates serving on the licensee’s or applicant’s premises at any given day or time.
“RETAIL SALE.” The sale for use or consumption by an end-purchasing consumer and not for resale in any form by a person.
“RIDER.” An endorsement that adds permissions and/or conditions to a license.
“SALE” and “SELL.” Any retail transfer of a thing of value in exchange or in consideration for money or other thing of value by any person to another person. “SALE” and “SELL” shall include but shall not be limited to the following acts, unless the context suggests otherwise:
(a) Sale of alcohol, in any form including but not limited to and/or in combination with ice, water, mixing edible items for the purchaser’s on-premises or off-premises consumption.
(b) Storage of alcohol.
(c) Gifting of alcohol for on-premises or off-premises consumption.
(d) Pouring of alcohol with the intent to sell or otherwise transfer such alcohol to a third person.
(e) Providing of setups containing alcohol.
“SECTION.” Refers to sections in this chapter unless the context suggests otherwise.
“SERVER.” Any individual who:
(a) The licensee uses or employs to sell, pour, mix, or deliver at retail alcohol for on-premises consumption.
(b) Verifies identification for the purpose of determining whether an individual is of lawful age to enter a licensee’s premises where alcohol is sold, served, dispensed, offered for sale, or offered for service in open containers for on-premises consumption, and/or is of lawful age to purchase, possess, and/or consume alcohol.
“SPIRITS.” Any beverage that contains alcohol obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum, whisky, gin, or other spirituous liquors and such liquors when rectified, blended, or otherwise mixed with alcohol or other substances any of which is intended for human edible consumption.
“THEATER.” A building or structure used primarily for the presentation of live
performances or motion pictures.
“VGT.” Shall have the same meaning as the phrase “VIDEO GAMING TERMINAL” has as defined in the Video Gaming Act (230 ILCS 40/1 et seq.).
“WINE.” Any alcohol obtained by the fermentation of the natural contents of fruit or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as defined in this section, any of which is for human edible consumption. “WINE” shall also mean mead and cider beverages that contain any alcoholic content.
(Ord. 9470, passed 3-5-24)