For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC LIQUOR. Includes alcohol, spirits, wine and 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. This chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing 0.5% or less of alcohol by volume, except beer.
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.
BAR. A counter, designed with seating or standing areas for three or more persons, tended by a person who regularly delivers alcoholic liquor to patrons, for consumption at the counter.
BOWLING ALLEY. Every establishment or building, or part of an establishment or building, as the case may be, wherein the game of bowling is played with composition balls and ten wooden pins.
CLUB. A corporation organized under the laws of the state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors as defined by § 1-3.24 of the Liquor Control Act of 1934 (ILCS Ch. 235, Act 5, § 1-3.24) that complies with the General Not For Profit Corporation Act of 1986 (ILCS Ch. 805, Act 105, § 101.01) and that files a copy of its charter with the City Clerk.
COMMON CARRIER. A common carrier is a transportation company offering its services to the general public, like FedEx or UPS. It is not a private transportation company.
DANCE/ENTERTAINMENT PERMIT. A permit issued by the City Clerk, approved by the city’s Liquor Control Commissioner, to the holder of a liquor license allowing dancing and/or entertainment on the licensed premises.
DELIVER or DELIVERY. The actual constructive or attempted transfer of possession of alcoholic liquor.
HOTEL. A building kept, used, maintained, advertised and held out to the public to be a place where food is served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the sleeping accommodations of travelers or guests and having one or more public dining rooms where meals are served to the travelers or guests, the sleeping accommodations and dining rooms being located in the building or buildings in connection therewith and the building or buildings being provided with adequate and sanitary kitchen and dining room capacity.
LICENSEE. The person or persons, firm or corporation named on the liquor license as issued by the city.
MINOR. A person who has not attained his or her or her twenty-first birthday.
MOTEL. A building kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are available for adequate pay to travelers and guests, in which 25 or more rooms are used for the sleeping accommodations and where off-street parking is available for motor vehicles in close proximity to the rooms.
NOT-FOR-PROFIT CORPORATION. A corporation, organized under the laws of this state, no part of the income of which is distributable to its members, directors or officers; provided, however, that the payment of reasonable compensation for services rendered and the making of distributions upon dissolution or final liquidation as provided by § 112.16 of the General Not-For-Profit Corporation Act of 1986 (ILCS Ch. 805, Act 105, § 112.16) shall not be deemed a distribution of income.
NUDE. A state of dress or undress that exposes to view:
(1) Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areola, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
OFFER FOR SALE. Hold out, keep or expose for sale; to possess with intent to sell; to solicit or receive orders for sale.
ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor.
POLICE OFFICER. A full-time law enforcement officer of the city.
RESTAURANT. Any public place, licensed under Class D or Class E of this chapter, kept, used, maintained, advertised and held out to the public primarily as a place where meals are served, and where meals are actually regularly served, without sleeping accommodations, the place being provided with adequate and sanitary kitchen and dining equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests, and where the sale or consumption of alcoholic liquors is only incidental to the serving of meals. The fact that 50% or more of the gross revenue in any month from the operation of the licensed premises is derived from activities other than the serving of meals shall be prima facie evidence that the business is not a RESTAURANT within the meaning of this chapter; provided that holders of existing Class D and Class E licenses as of the effective date of this chapter shall be allowed to renew the licenses according to the provisions of the alcoholic liquor ordinance codified herein, regardless of whether or not 50% of the gross revenue of the licensed premises in any month is derived from activities other than the serving of meals.
RETAIL SALE. Sale for use or consumption and not for resale in any form.
SALE. Any transfer, exchange or barter in any manner or by any means whatsoever, including the transfer of alcoholic liquors by and through transfer or negotiation of warehouse receipts or certificates, and includes and means all sales made by any person, whether principal proprietor, agent, servant or employee.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated;
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1), (2), (3) or (4) of this definition.
TAVERN. Every building or structure, licensed under Class A or Class B of this chapter, which is kept, used, maintained, advertised or held out to the public, other than a club, hotel, motel, bowling alley or restaurant, where alcoholic liquor is sold and consumed on the licensed premises as the primary monetary function of the business.
THEATRE. A premises open to the public for the purpose of providing a venue for theatrical presentations, based on recognized literary works of a dramatic, comedic or musical nature and format, produced in the form of a musical, dramatic, or comedic play of a non- cinematic nature utilizing the talents of live actors.
TO SELL. To effect, make or contract a sale; to keep or expose for sale; and to keep with intent to sell.
(1990 Code, § 3-1) (Ord. 84-940, passed 4-18-1984; Ord. 88-1253, passed 11-21-1988; Ord. 88-1254, passed 11-21-1988; Ord. 88-1255, passed 11-21-1988; Ord. 98-1804, passed 2-2-1998; Ord. 98-1864, passed 11-18-1998; Ord. 16-3513, passed 6-6-2016; Ord. 22-3662, passed 2-21-2022)