For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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. 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. The provisions of 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, or to any liquid or solid containing 0.5%, or less, of alcohol by volume.
BEACH AREA. That portion of the beach and shore area of Lake Michigan in Forest Park that has been approved by the Commissioner for the sale of wine and beer pursuant to the terms of a Class K license.
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.
BRING-YOUR-OWN-BEVERAGE. Alcoholic beverages that patrons or guests of a licensed premises bring to such licensed premises for their own consumption on the licensed premises.
CATERING ESTABLISHMENT. A business conducted by a person, firm or corporation for the purpose of providing food and service for a banquet or a dinner which may occur in a location other than premises leased, owned and/or operated by the CATERING ESTABLISHMENT, the recipients of such food and/or service being persons specially invited to such banquet or dinner rather than members of the general public.
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, kept, used and maintained by its members through the payment of regular 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 Mayor at the time of its application for a license under this chapter two copies of a list of names and residences of its members, and similarly files within ten days of election of any additional member his or her name and address; 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 City Liquor Control Commissioner designated in § 111.020 of this chapter as well as any committee or other agency appointed by the Commissioner.
CONVEYANCE. Any vehicle, trailer, watercraft or container operated for the transportation of person or property.
GATHERING. Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
GROCERY STORE. A retail store that is (a) over 15,000 square feet in size, (b) has at least 60 off-street parking spaces devoted to such use, and (c) devotes at least 60% of its gross floor area to the sale of household foodstuffs for offsite consumption, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods and/or prepared foods. Other household supplies or other products shall be secondary to the primary purpose of food sales. The definition of GROCERY STORE shall not include any establishment that sells gasoline or other fuel for dispensing into motor vehicles.
HOST. To aid, conduct, allow, entertain, organize, supervise, control or permit a gathering.
HOTEL. Every 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 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 guest, such sleeping accommodations and dining rooms being conducted in the same 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.
ILLICIT DRUGS. Any drug, substance or compound prohibited by law, including drugs prescribed by a physician which are in the possession of or used by someone other than the person to whom the drug was prescribed.
LICENSED PREMISES or PREMISES.
(1) The actual physical location described in a local liquor license at which liquor will be served under the retail liquor license once issued, and may include either indoor or outdoor dining areas; except that, no outdoor area shall be deemed part of the premises unless expressly identified in the local liquor license.
(2) For purposes of this chapter, the terms “public dining room” and “public and private dining rooms” shall be included in this definition of
PREMISES.
LICENSEE. A person holding a local liquor license.
LICENSEE, AGENT OF. Any owner, partner, director, officer, manager, employee or authorized agent of a licensee but only while engaged in the business of such licensee or present on the licensed premises of such licensee.
LIQUOR CONTROL ACT. The State Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq., as amended from time to time.
LIQUOR LAWS. This chapter and all other city 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 city.
LOCAL LIQUOR LICENSE. A license issued pursuant to the provisions of this chapter.
MINOR. A person under the age of 21 years.
ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogs head 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.
PARENT. Any person having legal custody of a juvenile as a natural, adoptive parent or stepparent; as a legal guardian; or as a person to whom legal custody has been given by order of the court.
PERSON. Any individual, partnership, firm, company, corporation or entity.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses or parking lots.
REASONABLE STEPS. Actions that, if taken, would be expected to avoid or prevent a prohibited gathering (as provided in § 111.076(F) of this chapter), which may include, but are not limited to, controlling access to alcoholic liquor at the gathering; controlling the quantity of alcoholic liquor present at the gathering; verifying the age of persons attending the gathering by inspecting drivers licenses or other government issued identification cards to ensure that minors do not consume alcoholic liquor while at the gathering; supervising the activities of minors at the gathering; and calling for police assistance in the event people under 21 are in possession of alcoholic liquor at the gathering.
RELIGIOUS CEREMONY. Any bona fide rite, ceremony, service or event sponsored or sanctioned in connection with the exercise of a person’s religious belief that involves the possession, consumption and dispensation of alcohol or alcoholic liquor.
RESIDENCE or SITE. Any home, yard, farm, field, land, apartment, condominium, hotel or motel room, other dwelling unit, hall, meeting room, park or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented or used with or without permission or compensation.
RESPONSE COSTS. The costs associated with responses by law enforcement, fire and other emergency response providers to a gathering, including, but not limited to:
(1) Salaries and benefits of law enforcement, code enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at or otherwise dealing with a gathering, and the administrative costs attributable to such response(s);
(2) The cost of any medical treatment for any law enforcement, code enforcement, fire or other emergency response personnel injured while responding to, remaining at or leaving the scene of a gathering; and
(3) The cost of repairing any city equipment or property damaged, and the cost of the use of any such equipment in responding to, remaining at or leaving the scene of a gathering.
RESTAURANT. A public place primarily kept, used, maintained, advertised and held out to the public for the serving of meals to patrons seated at tables or booths, and where complete meals are actually and regularly served, 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.
RETAIL SALE, SELL AT RETAIL and SALE AT RETAIL. Sales 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, with or without consideration, and includes all sales made by any person, whether principal, proprietor, agent, servant or employee.
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 LICENSE. A license issued by the State Liquor Control Commission pursuant to the provisions of the Liquor Control Act.
TO SELL. Includes to keep or expose for sale and to keep with intent to sell.
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 liquor, as defined above.
(Prior Code, § 4-1) (Ord. 2013-26, passed 5-20-2013; Ord. 2017-14, passed 2-21-2017; Ord. 2017-39, passed 6-19-2017)