All words and phrases used in this chapter, not otherwise defined herein, and which are defined in the Liquor Control Act of 1934 ("Act"), 235 ILCS 5/1-1 et seq., shall have the meanings accorded to such words and phrases in the Act. Unless the context otherwise requires, the following terms, as used in this chapter, shall be construed according to the definitions given below:
ALCOHOL. The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. It does not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR. Any alcohol, spirits, wine, beer, ale or other liquid manufactured, produced or distilled for or fit for beverage purposes that contains any amount of alcohol, including beverages commonly known as “near beer,” “nonalcoholic beer,” or “nonalcoholic wine” whose taste, color, odor and consistency are similar to the alcoholic beverages known as beer and wine and, except for the reduced alcohol content, are marketed as being similar to beer or wine.
BAR. A barrier or counter at and over which alcoholic liquor and foods are passed or served.
BEER. A beverage obtained by the 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.
BEER GARDEN. A privately owned outdoor location adjacent to a premise licensed for the retail sale of alcoholic liquor for consumption on the licensed premises, pursuant to the provisions of this chapter.
BREWER. A person who is engaged in the manufacture of beer.
CATERER, CATERING ESTABLISHMENT, CATERING SERVICE. A person or business that for compensation processes, prepares, and serves meals or food items for immediate offpremises consumption at banquets, dinners, or other special occasions, where the recipients of the food or service are specifically invited to each particular event. This definition shall not include any business location where on-premises over-the-counter retail sale of food items occurs.
CIDER. Any alcoholic beverage obtained by alcohol fermentation of the juice of apples or pears including, but not limited to, flavored, sparkling or carbonated cider.
CONTROL OF PREMISES. The legal or beneficial ownership, rental, lease or holding of a license shall constitute control of property. Control may also exist where none of the aforesaid legal relationships apply, but where an adult is otherwise in charge of, or charged with, controlling a particular premise.
CONVENIENCE STORE. A building less than 3,000 square feet in size, in which the primary business conducted is the sale of food products, beverages, household products, cosmetic items, reading materials and other goods for the convenience of the public.
CRAFT BEER. Beer from a craft brewery that:
(1) Produces less than 2,000,000 barrels of beer annually;
(2) Is less than 25% owned or controlled by an alcoholic beverage industry member that is not a craft brewer; and
(3) Produces a significant volume of either malt beers or beers that use adjuncts to enhance, rather than to lighten, flavor.
DELIVERY OF ALCOHOLIC LIQUOR. The sale, giving or exchange of alcoholic liquor from one person to another. DELIVERY is meant to include the act of providing alcoholic liquor, by any means, to one person from another.
DISTILLED SPIRITS. An alcoholic beverage obtained by distillation of grains, fruits, or vegetables through alcoholic fermentation.
DISTILLER. A person who distills, ferments, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor.
DRINK. Any alcoholic liquor served in a cup, glass, bottle or other container measured as follows:
(1) A serving of not more than 26 ounces of beer.
(2) A serving of not more than seven ounces of wine.
(3) A serving of not more than three ounces of distilled spirits; or
(4) A serving of not more than 16 ounces of beer accompanied by a separate serving of not more than 1.5 ounces of distilled spirits.
DRIVE-IN RESTAURANT. A food service establishment with or without interior facilities for eating, which caters to and permits the consumption of food either in customers' automobiles parked on the premises or in other designated areas on the premises outside the establishment where the food is prepared. For purposes of this chapter, DRIVE-IN RESTAURANT shall not be included in the definition of “Restaurant”.
EMPLOYEE. Any individual hired to regularly provide services related to a licensee’s sale or offer for sale of alcoholic liquor pursuant to the licensee’s license classification, in exchange for compensation from which applicable taxes are withheld, and over whom the licensee maintains control for employment purposes. This definition does not include individuals who provide services as an independent contractor.
ENTERTAINMENT. Any live act or live performance whether or not using sound amplification, and/or any playing of pre-recorded music or voices by use of a juke box or music vending machine or device which, upon insertion of a coin, slug, token, plate, disc or key into any slot or other opening, or by the payment of any other consideration, operates or may be operated for the emission of songs, music or similar amusement.
FALSE IDENTIFICATION. Any document used for identification or proof of age that is altered or defaced, or contains false or misleading information, or a name that is not the actual name of the person using the subject identification.
FIGHTING. Any threatening or touching of another person which provokes or tends to provoke a breach of the peace.
GAMBLING. Any act in violation of section 5/28-1 (a)(l) --(a)(12), 5/28-1.1, 5/28-2 or 5/283 of the Illinois Criminal Code of 1961 (720 ILCS 5/1-1 et seq.), as amended.
GENERAL PUBLIC. The whole body politic, including residents of the village, the State of Illinois and the United States of America, and/or persons at large traveling through the village, as different from the designation of a particular person or group of persons.
GROWLER. A refillable, sealed container sold on a licensed premise by a licensee, containing craft beer for consumption off the licensed premises.
IMPAIRMENT. Any diminution or compromise of a person's physical, mental or perceptual abilities due to the consumption of alcoholic liquor. IMPAIRMENT does not require that the blood alcohol content be in excess of any particular gram of alcohol to milliliters of blood or breath ratio.
LICENSE or LOCAL LIQUOR LICENSE. The specific grant of the privilege and authority to sell or offer for sale alcoholic liquor at retail in the manner set forth in the text of a particular license classification.
LICENSED PREMISES. The building, portion of the building, place or location described in a local liquor license/permit where alcoholic liquor may be stored, displayed, or offered for sale by the licensee, pursuant to the terms of their license/permit. Not included in this definition are sidewalks, streets, parking areas and grounds adjacent to any such building, place or location unless specified in the license/permit.
LICENSEE. That person who by issuance of a license/permit pursuant to this chapter, has been given the privilege by the Local Liquor Control Commissioner to engage in the retail sale, production and/or storage of alcoholic liquor in the village, pursuant to the terms of the license/permit. This shall include the holder of a local liquor license/permit, or any officer, principal, employee or agent of the licensee.
LIQUOR CONTROL ACT. The Liquor Control of Act of 1934, as amended (235 ILCS 5/1-1 et seq.).
LOCAL LIQUOR CONTROL COMMISSION. The office of the Village Mayor as assisted by appropriate legal counsel; this may include such other persons as the mayor may appoint to aid in the exercise of the powers and the performance of the duties of the Local Liquor Control Commissioner.
LOCAL LIQUOR CONTROL COMMISSIONER. The Mayor of the village.
LOUNGE. That portion of a licensed premises kept, used, maintained, advertised, and held out to the public as a place where alcoholic liquor is offered for retail sale for consumption on the licensed premises only, and not necessarily in conjunction with the full service of meals. This definition may also include the terms “cocktail lounges” or “bars”.
MAINTENANCE OF ORDER STANDARD. That standard by which it shall be determined whether a licensee has maintained order on the licensed premises. Adherence to this standard shall be a duty of the licensee and shall generally be stated as the establishment and maintenance of the optimum precautions and actions that are practical for deterring and preventing fighting as defined in this chapter.
MANUFACTURER. Every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package, whether for himself or for another, and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquors as above defined.
MEAD (MEADERIES). Mead or honey wine is an alcoholic beverage created by fermenting honey with water sometimes with various fruits, species, grains, or hops. The alcoholic content ranges from about 3.5% ABV to more than 18%.
MEAL PACKAGE. A food and beverage package, which may or may not include entertainment, where the service of alcoholic liquor is an accompaniment to food, including but not limited to a meal, tour, tasting, or any combination thereof for a fixed price by a licensee operating within a sports facility, restaurant, winery, brewery, or distillery.
MINOR. Any person who has not attained the age of 21 years.
ORIGINAL PACKAGE. A bottle, flask, jug, can, barrel, keg or other receptacle or container used, corked, or capped, sealed, and labeled by the manufacturer of alcoholic liquor to contain and convey or distribute any alcoholic liquor.
PARENT. A natural or adoptive parent or a court-designated guardian.
PARTY PACKAGE. A private party, function, or event for a specific social or business occasion, either arranged by invitation or reservation for a defined number of individuals, that is not open to the general public and where attendees are served both food and alcohol for a fixed price in a dedicated space.
PATRON. A customer of, or visitor to, a licensed premises.
PERMIT. The specific grant of a privilege and authority to a person to act in the manner proscribed by the text of a permit issued pursuant to this chapter.
RESTAURANT. Any public place, without sleeping accommodations, maintained and held out to the public as a place primarily devoted to full-service, sit-down dining, including dinner and/or luncheon menus at which the service of alcoholic liquor is incidental and complementary to the service of such meals, and where not less than 75% of the retail floor area is devoted to the service of complete sit-down meals from a menu and not more than 25% of the retail floor area is devoted to lounge, bar and/or banquet purposes. Limited food service, as typically provided by drive-in restaurants, diners, coffee shops, fast food operations and similar uses, does not satisfy the requirements of this definition.
RETAIL SALE. The transfer, sale, delivery, exchange, or barter in any manner of alcoholic liquor to a consumer, private club member, or general public by any person, whether principal, proprietor, agent, servant or employee of a licensee, as distinguished from the sale or delivery for legal resale.
SALON (FULL-SERVICE). A non-home-based business that offers hair, nail and skin care services, but does not provide full body massages or similar services in private rooms.
SCHOOL. Educational institutions, including preschools and daycare centers, but not including undergraduate or postgraduate colleges or universities, that have a formal and recognized academic curriculum.
SERVICE STATION. A non-home-based business where the primary service offered is the sale of gasoline for motor vehicles.
SHOT. A serving of not more than one and one-half ounces of distilled spirits.
SPIRITS. Any beverage which contains alcohol obtained by distillation mixed with water or other substance in solution, and includes brandy, rum, whiskey, gin, or other spiritous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
STATE COMMISSION. The State of Illinois Liquor Control Commission, as defined under the Liquor Control of Act of 1934, as amended (235 ILCS 5/1-1, et seq.).
UNDERAGE PERSON. Any person under 21 years of age.
VIDEO GAMING. Any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only.
VILLAGE CODE (LOCAL ORDINANCE). The Village of Diamond Code of Ordinances, as amended.
VILLAGE POLICE AGENCY. The Will County Sheriff Department for license premises in Will County, IL and the Grundy County Sheriff Department for license premises in Grundy County, IL.
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 above defined.
(Ord. 2023-05, passed 8-8-2023)