(a) Unless the context otherwise requires, the following terms used in this Chapter shall be construed according to the definitions below:
(1) Alcoholic liquor. Alcohol, spirits, wine, 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 any liquid or solid containing one-half of one percent (.5%) of alcohol by volume or less or to liquids or solids containing in excess of one-half of one percent (.5%) of alcohol by volume if dispensed by a licensed pharmacy pursuant to a medical prescription.
(2) Beer. A beverage obtained by the alcohol fermentation of an infusion or concoction of barley or other grain, malt or hops in water and includes, among other things, beer, ale, stout, lager beer, porter and the like. (M.C. 1963, § 15.001; amd. Ord. 0-70-24)
(3) Clubs.
(A) Not-for-profit club. A corporation organized under the laws of this State, and not for pecuniary profit, solely for the promotion of some common object rather than the sale or consumption of alcoholic liquor, which conforms to the definition of a club in 235 Illinois Compiled Statutes 5/1-3.24.
(B) Private club. A corporation organized under the laws of this State, operated for recreational and social purposes on a private membership basis, which may include the service of food and alcoholic liquor. (Ord. 0-86-59, 11-3-86)
(4) Hotel. Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where meals are actually and regularly served and consumed, where sleeping accommodations are offered for pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the sleeping accommodations of such guests, having one or more public dining rooms where meals are served to such guests, where alcoholic liquor may be served and/or stored in separate liquor service or lounge areas which are adjacent to food service areas, where live entertainment may be provided in connection with said service or meals and/or alcoholic liquor and which may maintain a stock of miniature liquor bottles in locked facilities in guest rooms for use by guests. The sleeping accommodations, dining rooms and liquor service area shall be in the same building or buildings, and such building or buildings, structure or structures shall be provided with adequate and sanitary dining room and kitchen equipment and capacity. No more than 33 percent of the total square footage of said building, buildings or structures which is devoted to the regular preparation and service of meals, in addition to said lounge areas, shall be employed for the service and/or storage of alcoholic liquor. The following shall not be considered in the calculation of said percentage: (Ord. 0-84-56, 12-17-84; amd. Ord. 0-85-55, 12-2-85)
(A) Liquor service and/or storage in connection with room service.
(B) Complimentary liquor service within the confines of any atrium space where such service is limited to registered guests and their visitors and to regular and specified daily hours. (Ord. 0-84-56, 12-17-84)
(5) Legal Age: The minimum age designated by law of a person whom it is lawful to sell, give or deliver a particular type of alcoholic liquor.
(6) License: Any person, firm or corporation or partnership or club holding a license under the provisions of this Chapter.
(7) Original Package: Any bottle, flask, jug, can, cask, 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 to convey any alcoholic liquor. (M.C. 1963, § 15.001; amd. Ord. 0-70-24)
(8) 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 and kind of employees to prepare, cook and serve suitable food for its guests.
Provided further, that no restaurant licensee shall sell alcoholic liquor except when full meal service is available.
A public place shall not be a restaurant within the meaning of this definition if in addition to the foregoing more than 20 percent of the square footage contained in the total premises is employed for the service and/or storage of alcoholic liquor or if the proportion of the total square footage contained in the premises and employed for the service and/or storage of alcoholic liquor exceeds 33 percent of the square footage contained in the total premises which is devoted primarily to the regular preparation and service of meals. (Ord. 0-77-44, 6-20-1977)
Provided further, that any outdoor restaurant seating area where liquor service is being provided shall consist of an area as determined by the corporate authorities in the course of consideration of the applicant's special use petition. (Ord. 0-00-06, 4-17-2000)
(9) Retail Sale: The sale for use or consumption and not for resale. (Ord. 0-84-56, 12-17-1984)
(10) Sale: Any transfer, exchange or barter in any manner or by any means whatsoever and includes all sales made by any person, whether principal, proprietor, agent, servant or employee.
(11) To Sell: Includes to keep or expose for sale and to keep with intent to sell.
(12) 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 "alcoholic liquor" as above defined. (M.C. 1963, § 15.001; amd. Ord. 0-77-24; Ord. 0-76-32, 6-8-1976, eff. 7-1-1976; amd. Ord. O-23-09, 3-20-2023, eff. 1-1-2024)