(A) Interpretation. This chapter shall be liberally construed to the end that the health, safety, and welfare of the residents of the city shall be protected.
(B) Definitions. Unless the context shall otherwise require, terms used in this chapter shall have the definitions given in Illinois Liquor Control Act, 235 ILCS Act 5, §§ 1-1 et seq. or as set forth below. Where not otherwise qualified, the term LICENSE or LICENSEE wherever used in this chapter means a license or licensee of the city under this chapter.
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. 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, nor to any liquid or solid containing one-half of one percent, or less, of alcohol by volume.
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.
BOTTLE CLUB. An establishment, building or room used on a regular basis for the serving or consumption of alcoholic liquors brought into the establishment by the patrons for which any fee, subscription, membership, donation or consideration of any kind, direct or indirect, is charged or accepted, or which establishment provides for the sale of any retail items of any kind or nature whatsoever, including, but not limited to, the retail sale of food or general merchandise, commonly referred to as “BYOB” or Bring Your Own Bottle.
BREW PUB. A full-service restaurant where beer is brewed or manufactured and stored at the licensed establishment in a quantity not exceeding those prescribed for a brew pub by the Illinois Liquor Control Act of 1934 (235 ILCS Act 5, §§ 1 et seq.) for sale to importing distributors, distributors, and to non-licensees for use and consumption only, and retail sale of manufactured or brewed beer from the licensed premises, provided that sale for off-premises consumption shall not exceed the quantity prescribed by the Illinois Liquor Control Act for a brew pub.
CRAFT BREWERY. An establishment where beer is brewed or manufactured and stored on the licensed premises in quantities not exceeding those prescribed by the Illinois Liquor Control Act of 1934 (235 ILCS Act 5, §§ 1 et seq.) for a Craft Brewer's License. The establishment may include a tasting room where beer brewed or manufactured onsite is available for sampling and purchase.
DISTILLER. A person or firm who distills, ferments, brews, makes, mixes, concocts, processes, blends, bottles or fills an original package with any alcoholic liquor.
ENTERTAINMENT. The offering or permitting of any amusement including live musical performances, vaudeville, acting, dancing, or contests including karaoke. Entertainment shall not be construed to include radio, television, electronic reproduction of music or coin-operated game machines.
HEALTH SPA WITHOUT LODGING ACCOMMODATION. A nurturing, safe, clean commercial establishment that employs professional, licensed therapists or utilizes mechanical equipment whose services include massage and body or facial treatments. Private treatment rooms are provided for each client receiving a personal service. Massage treatments may include body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, medical facials, non-surgical facelifts, electrical toning, and electrolysis. Hydrotherapy and steam and sauna facilities, nutrition and weight management, spa cuisine, and exercise facilities and instruction may be provided in addition to the massage and therapeutic treatment services. Full service hair salons, makeup consultation and application and manicure and pedicure services may be provided as additional services.
HOTELS. Every building or other structure or other structure, kept, used, maintained, advertised and held out to the public where food is actually served and consumed and sleeping accommodations offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for sleeping accommodations of such guests, and having one or more public dining rooms where meals are served to such guests, such sleeping and accommodations and dining rooms being contained in the same buildings, or buildings in connection therewith, and such building or structure being provided with adequate and sanitary kitchen and dining room equipment and capacity.
ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container including growler, whatsoever, used, corked or capped, sealed and labeled by the manufacturer of alcoholic liquor, to contain and to convey any alcoholic liquor.
RECEPTION HALL. A commercial esta-blishment which provides food servings and/or
entertainment to celebrate a special event or day of a particular person who is not associated with the establishment (such as but not inclusive of wedding reception, shower, or birthday) or a state recognized holiday.
RENTAL HALL. A business organized in such a way that it provides a place available for rental by members of the general public. The building housing the business must be designed to accommodate a minimum of 250 persons safely. Such a business is typified by wedding celebrations, parties, or dances by private clubs or individuals. The lessor/licensee is paid a fee by the lessee for use of the hall and for providing alcoholic liquor.
RESTAURANT. An establishment where the principal business is serving meals prepared in the kitchen of the establishment for consumption on premise. A full menu, including entrees and appropriate side dishes, and a fully staffed and operational kitchen shall be required at all times sales are being conducted or until 9:00 p.m., whichever occurs first. During the above times when meal service is required, the sale of alcoholic liquor shall be incidental to the sale of meals. RESTAURANTS shall have a full kitchen with adequate facilities to prepare, cook, and serve meals for its guests, commonly interpreted as having cooking stations (examples include baking, grill, and saute). Equipment shall be of sufficient type and size to prepare and cook meals. The establishment shall have a seating capacity for the service of meals at tables and/or counters for not less than 30 patrons at the same time.
RETAIL SALE. The sale for use or consumption and not for resale in any form.
SALE (TO SELL). Any transfer or exchange in any manner or by any means whatsoever for direct or indirect consideration, and including all sales made by any person, whether as principal, proprietor, agent, servant, or employee, and includes, but is not limited to, all of the following acts:
(1) The selling of alcoholic liquor;
(2) The giving away of alcoholic liquor;
(3) The dispensing of alcoholic liquor;
(4) The providing of mix, ice, water, or glasses for consumption of alcohol liquor on premises;
(5) The pouring of alcoholic liquor;
(6) The providing of “set-ups” containing alcoholic liquor;
(7) The storage of any alcoholic liquor.
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.
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.
(`79 Code, § 111.001) (Ord. 832, passed 12-6-76; Am. Ord. 889, passed 12-17-79; Am. Ord. 01-335, passed 12-12-01; Am. Ord. 12-035, passed 7-18-12; Am. Ord. 14-020, passed 6-18-14; Am. Ord. 18-005, passed 2-7-18; Am. Ord. 18-042, passed 11-8-18; Am. Ord. 23-001, passed 1-18-23)