A. Definitions: The following definitions shall apply to the words when used within this chapter:
ALCOHOLIC BEVERAGES: Include, but are not limited to, any spirit, wine, beer, ale, whiskey, gin, brandy, rum or any distilled or fermented liquid containing more than one-half of one percent alcohol by volume, fit for human consumption.
BEER: A beverage created by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and may include or be referred to as ale, stout, lager beer or porter.
BEER GARDEN: See definition of Outdoor Garden.
BOARD OF TRUSTEES: The board of trustees of the village of Heyworth.
CLUB: A corporation organized under the laws of the state of Illinois, and organized not for pecuniary profit but solely for the promotion of some common object or purpose other than the sale of alcoholic liquors kept, used and maintained by its members, and owning, hiring or leasing a building or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and its guests including kitchen and dining room space and equipment for the preparation and serving of food and meals for members and guests. To qualify for a CLUB license, the club shall have its affairs and management conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting and that no member or any officer, agent or employee of the club is paid, or directly or indirectly receives, in the form of salary or other compensation any profits from the distribution or sale of alcoholic liquor to the club or the members of the club or its guests introduced by members beyond the amount of such salary as may be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.
COMMISSIONER: The local liquor control commissioner, which is the president or mayor of the village of Heyworth.
CONSUMPTION ON THE PREMISES: The consumption of any alcoholic beverage within the building or structure from which the sale of the alcoholic beverage occurred. The consumption of any alcoholic beverage outside the building or structure of sale, whether in public view or otherwise, is prohibited under this chapter unless a permit issued by the village for a designated drinking location, such as a "beer garden" or other duly designated consumption location, is applied for with and received from the commissioner.
LIQUOR COMMISSION: The liquor commission of the village of Heyworth.
LIQUOR CONTROL ACT: The Illinois liquor control act of 1934 which can be found at section 5/1-3 et seq., of the Illinois Compiled Statutes 1 .
OUTDOOR GARDEN (Also Referred To As A BEER GARDEN): An approved and licensed outdoor area immediately adjacent to a premises where alcoholic beverages are sold and consumed, and where such premises holds a valid class A, AP, B, C, or CLUB liquor license. The outdoor garden must also be enclosed in such a manner so as to prevent access to such area except for access directly from the primary adjacent structure on the premises.
RESTAURANT: Any public place without sleeping accommodations, the principal purpose for which such place is kept, used, maintained, advertised or held out to the public as a place or establishment where food for consumption on the premises is served and/or sold to nonemployees and where not less than fifty percent (50%) of all sales at retail are derived from the serving and sale of food to nonemployee members of the general public.
RETAIL SALE: Sale for use or consumption and not for resale.
SALE: The transfer, exchange or barter for consideration, including any sale made by any person including principal, proprietor, agent, servant or employee.
SELL: The act of making a sale, receiving an order for exposing to the public for the purpose of selling or keeping with the intent to sell.
VILLAGE: The village of Heyworth.
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. 2011-06, 2-22-2011; amd. Ord. 2011-09, 3-21-2011; Ord. 2012-09, 3-15-2012)
B. Words Not Defined In This Section: Any words not specifically defined herein shall have the meaning as described in the liquor control act 2 .
C. Hours Effective In McLean County: The hours indicated herein shall mean either Central Standard Time or Central Daylight Time, whichever is in effect in McLean County, Illinois. (Ord. 2011-06, 2-22-2011)
Notes
| 1 | 1. 235 ILCS 5/1-3 et seq. |
| 2 | 1. 235 ILCS 5/1-3 et seq. |