For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All words and phrases used in this chapter which are not defined herein shall have the meaning ascribed to such words and phrases in the Illinois Liquor Control Act, as amended.
ALCOHOL. The product of distillation of any fermented liquid, whether rectified or diluted, whatever may by 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. No fees provided for in this chapter shall apply to wine intended for use and used by any church or religious organization for sacramental purposes, provided that such wine is being purchased from a licensed manufacturer or importing distributor as defined by the Illinois Liquor Control Act.
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.
BEER GARDEN. A privately owned outdoor location adjacent to a premises where alcoholic liquor may be sold and consumed subject to the provisions of this chapter.
CLUB. A corporation organized under 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 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 two copies of a list of names and residences of its members, and similarly files within ten days of the 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 Chairperson of the County Board shall be the Local Liquor Control Commissioner in the territory of the county outside the corporate limits of any city, village or incorporated town. The terms MADISON COUNTY LIQUOR CONTROL COMMISSIONER and LOCAL LIQUOR CONTROL COMMISSIONER mean and are synonymous with the term COMMISSIONER. This name or term shall mean and include the License Committee, the County State’s Attorney and the County Sheriff (when appointed by the Commissioner to assist the Commissioner in the powers and performance of his or her duties).
CONTINUOUS OPERATION. Operation of the licensed business for at least five hours a day for a period of at least five days a week.
CO-PARTNERSHIP. An association of two or more persons intending to act as co-owners of a business for profit.
CORPORATION. Any corporation, domestic or foreign, qualified to do business in the state under the Business Corporation Act of Illinois, 805 ILCS 5/1.01 et seq. Satisfactory evidence of such qualification shall be furnished to the county in the form and manner as the Commissioner and County Board shall from time to time designate.
COUNTY RETAILER’S LICENSE FOR THE SALE OF ALCOHOLIC LIQUOR. Any liquor license category or classification described in this chapter, unless otherwise expressly provided.
DISTRIBUTOR. Any person, other than a manufacturer or non-resident dealer licensed under 235 ILCS 5/1-1 et seq., who is engaged in this state in purchasing, storing, possessing or warehousing any alcoholic liquors for resale or reselling at wholesale, whether within or without this state.
EMPLOYEE. A person who works for a holder of a liquor license whether that holder be an individual, a corporation, a co-partnership, a manager or an agent. An EMPLOYEE is someone who works for salary or wages or other compensation. An uncompensated person may be deemed an employee for purposes of this chapter if that person works under the direction of, or knowledge of a liquor license holder whether that license holder be an individual, a corporation, a co-partnership, a partner, a manager or an agent. The word SERVANT is deemed to be synonymous with the word EMPLOYEE.
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 for 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 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.
ILLINOIS LIQUOR CONTROL ACT. The Illinois statute, as amended, found at 235 ILCS 5/1 et seq.
LICENSE COMMITTEE. The five members of the County License Committee.
LICENSED PREMISES. The place of business or other completely enclosed location particularly described in a liquor license or an application for a liquor license where alcoholic liquor is stored, displayed or offered for sale; or, where drinks containing alcoholic liquor are mixed, concocted, poured or served for consumption. This term shall include only the permanent structure housing the licensed business and any enclosed area adjacent to this structure that is designated as a beer garden. The licensed premises does not include sidewalks, streets, other portions of the public way, private parking areas or the property outside such permanent structure and beer garden on the property.
LICENSEE. All persons who are owners or are in control of any place where the sale or distribution of alcoholic liquor is carried on, whether they be individuals, partners, corporations, joint stock companies, fiduciaries, officers, directors, stockholders, employees, managers or bartenders.
MANAGER. A person employed by a licensee for the purpose of overseeing the operation of a licensed business and exercising discretionary authority on behalf of the licensee during the hours that the manager is on duty.
NON-ALCOHOLIC LIQUOR. Alcohol, spirits, wine and beer and every liquid or solid, patented or not, capable of being consumed as a beverage by a human being, and containing 0.5%, or less, of alcohol by volume.
OFFICIAL. Any person holding elected office, any person appointed to fill a vacancy created in an elected office, and any law enforcement official.
ORIGINAL PACKAGE. A bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container, whatsoever, used, corked or capped, sealed and labeled by the manufacturer of an alcoholic liquor, to contain and to convey any alcoholic liquor.
PARTNER. Any individual who is a member of a co-partnership.
PATRON. Any customer, patron or visitor of a licensed establishment who is not employed by the licensee of such establishment.
RESIDENT. Any person (other than a corporation) who has resided and maintained a bona fide residence in the state for at least one year and in the county in which the premises is covered or the license is located, for at least 90 days prior to making application for such license.
RESTAURANT. Any public place having regular menus which is kept, used, maintained, advertised and held out to the public as a place where meals are served, and where 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. In addition, any business claiming to be a restaurant must document, upon demand, that 50% or more of its gross receipts are derived from the sale of food, as distinguished from alcoholic liquor.
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 or barter 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. The term SALE includes any transfer of alcoholic liquor from a foreign importer’s license to an importing distributor’s license even if both licenses are held by the same person.
SELL. Includes to solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
SELL AT RETAIL and SALE AT RETAIL. Sales for use or consumption and not for resale in any form.
SPECIAL EVENT. An event conducted by an educational, fraternal, political, civic, religious or non-profit organization.
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.
UNDERAGE. Any person under 21 years of age, the legally minimum age at which one can lawfully purchase and consume alcoholic liquor.
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.
(1993 Code, § 70.01) (Ord. 93-09, passed 12-15-1993)
Statutory reference:
Liquor Control Act definitions, see 235 ILCS 5/1-3.01 through 1-3.39