3-3-3: DEFINITIONS:
Whenever the following words or terms are used in this chapter, they shall have the meanings ascribed to them in this section. The village adopts and incorporates all of the definitions in the Illinois liquor control act of 1934, and has restated some of the definitions in this section. Should the state of Illinois revise its definitions under the liquor control act of 1934, then the revised definitions shall supersede the definitions listed 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. Alcohol does not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR: Any 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 containing more than one-half of one percent (0.5%) of alcohol by volume.
APPLICANT: An individual, partnership, corporation, limited liability company, or not for profit organization which seeks to be licensed under the provisions of this chapter. In the case of a "not for profit organization" defined herein, applicant shall mean the officers, directors and person operating as manager, and in the case of a corporation, it shall mean the officers, directors, all persons owning directly or beneficially more than five percent (5%) of the stock of such corporation and the person operating as manager of the premises. In the case of a partnership, applicant shall mean all of the partners and the person operating as manager.
BASSET PROGRAM: Any beverage alcohol sellers and servers education and training (BASSET) program licensed by the state of Illinois liquor control commission as authorized under the Illinois liquor control act of 1934, as amended, which educates sellers and servers of alcoholic beverages about the effects of alcohol and drug use and abuse and provides skill development techniques to address persons displaying problems associated with alcohol misuse or abuse.
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.
CLUB: A corporation organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, kept, used and maintained by its members through the payment of annual dues 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 their guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of servants and employees for cooking, preparing and serving food and meals for its members and their guests; provided, that such club files with the commissioner at the time of its application for a license under this chapter, and within ten (10) days after an election of directors, two (2) copies of a list of names and residences of its board of directors, and, provided further, that its affairs and management are 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 Hinsdale liquor control commissioner, as designated in section 3-3-4 of this chapter.
HOTEL: Any building or other structure kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty five (25) or more rooms are used for the sleeping accommodations of such guests and having one or more public dining rooms where meals are served to such guests, such sleeping accommodations and dining rooms being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
LICENSEE: An individual, partnership, corporation, or not for profit organization which obtains a local liquor license pursuant to this chapter.
LIQUOR LAWS: This chapter and all other village ordinances, resolutions, regulations, and rules relating to alcoholic liquor; the liquor control act and all regulations issued thereunder; all federal, state, and local laws imposing or pertaining to fees and taxes relating to alcoholic liquor; and all other federal and state legislation, regulations, and rules applicable to the sale or use of alcoholic liquor within the village.
LOCAL LIQUOR LICENSE: A license issued pursuant to the provisions of this chapter.
MINOR: A person under the age of twenty one (21) years.
NOT FOR PROFIT ORGANIZATION: An entity organized or operating under the laws of this state as a not for profit institution which shall have been operated solely for the promotion of some common object other than the sale or consumption of alcoholic liquors.
ORIGINAL PACKAGE: Any bottle, flask, jug, can, barrel, keg, or other receptacle or container whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and convey any alcoholic liquor.
PREMISES/LICENSED PREMISES: The term premises or licensed premises, as used in this chapter, shall refer only to the interior area of the building located at the address indicated on the liquor license, and shall not include any area at said address located outside of the building, such as, but not limited to, sidewalks, parking areas, driveway areas, deck areas, patio areas or any other outdoor areas that are part of the real property or the building identified by the address on the liquor license, unless consumption of alcoholic liquor in a particular outdoor area is specifically authorized by a particular liquor license class.
RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals are actually, consistently 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.
RETAILER: A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
SALE: Any transfer, exchange, dispensing or bartering in any manner, or by any means whatsoever, including the transfer of alcoholic liquors by and through the 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.
SELL AT RETAIL AND SALE AT RETAIL: Sales for use or consumption and not for resale in any form.
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 spirituous liquors, and such liquors when rectified, blended or otherwise mixed with alcohol or other substances.
STATE LIQUOR CONTROL ACT: The Illinois liquor control act of 1934.
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. O2015-54, 12-8-2015)