All words and phrases used in this chapter which are defined in an act entitled “An Act Relating to Alcoholic Liquors,” approved January 31, 1934, as amended (235 ILCS 5), except as hereinafter modified or supplemented, shall have the meaning accorded to such words and phrases in said Act.
BAR/BAR AREA. The area of a restaurant set aside from the traditional restaurant dining area for the preparation, service of and consumption of alcoholic liquor. The BAR/BAR AREA includes any patron seating area and the counter and the behind the counter storage area (coolers, a display mantle, etc.) at which a bartender or other person authorized to sell or offer to sell at retail any alcoholic liquor for purposes of consumption in the licensed premises shall prepare and serve alcoholic liquor. Subject to the restrictions imposed by the applicable liquor license class, the area of the restaurant immediately adjacent to the counter may be devoted to a patron seating area for the purpose of consumption of alcoholic liquor and food while waiting for other seating within the restaurant or as a place to consume a meal. Alcoholic liquor, without food, may be purchased by, served to and consumed by patrons within the related bar/bar area, provided that the kitchen is open and food service is being offered.
BAR, PATRON. A counter at which patrons of a restaurant may purchase alcoholic liquor from a bartender or other person authorized to sell or offer to sell at retail any alcoholic liquor for purposes of consumption in the licensed premises. Alcoholic liquor, without food, may be purchased by, served to and consumed by patrons at said counter or within the related bar/bar area, provided that the kitchen is open and food service is being offered.
BAR, SERVICE. A counter at which a bartender or other person authorized to sell or offer to sell at retail any alcoholic liquor for purposes of consumption in the licensed premises, shall prepare alcoholic liquor for delivery to the restaurant’s waitstaff who shall serve said beverages to patrons in the restaurant or within the related bar/bar area. No alcoholic liquor or food shall be purchased by, served to or consumed by patrons at said counter.
CONVENIENCE STORE. A retail establishment of 6,000 square feet or less of gross floor area (GFA) at which the primary goods offered for sale consist of merchandise for the convenience of customers purchasing consumer and household items, including the following types of food, article and other products: bread, milk, cheese, sliced or pre- packaged meats, pre-packaged canned and bottled foods and drinks, tobacco products, beer or wine, candy, papers and magazines, sandwiches for off-premises consumption, and various other consumer and household items. These stores may be part of a gas station or an independent facility. As used in this definition, GFA means the total building footprint including retail sales area, interior bathrooms, storage areas and cashier areas.
FULFILLMENT CENTER. A warehousing or other storage facility of 25,000 square feet or more where no direct physical retail sales are made to consumers on premises, and where alcoholic liquor is stored prior to being delivered to paying customers inits original packaging pursuant to a Class Q
Fulfillment Center Alcoholic Liquor Package Sales and Delivery License.
GROCERY STORE. A retail establishment of 6,001 square feet or more of gross floor area (GFA) offering a full line of groceries, fresh meats, dairy products, vegetables, fruits and packaged frozen goods, and various other consumer and household items and products. As used in this definition, GFA means the total building footprint including retail sales area, interior bathrooms, storage areas and cashier areas.
HOTEL. Any building or other structure kept, used, maintained, advertised and held out to the public to be a place where a restaurant is located and sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which 50 or more rooms are used for the sleeping accommodations for transients.
LICENSEE. Any person receiving a license under this chapter.
OUTDOOR CAFÉ. An outdoor dining area, as defined by Section 17.4 of the Zoning Ordinance of the Village of Maywood, operated by a restaurant in accordance with subsection 11.3(P) of the Zoning Ordinance of the Village of Maywood.
OUTDOOR LIQUOR CAFÉ. An outdoor dining area, as defined by Section 17.4 of the Zoning Ordinance of the Village of Maywood, operated by a restaurant that already maintains a Village issued restaurant related liquor license and which serves complete meals and beverages, including alcoholic beverages, to patrons in the outdoor dining area. The outdoor liquor café shall be located adjacent to the building that contains the operating restaurant. The Village Board and the Local Liquor Control Commissioner shall approve the operating rules, location and layout of the outdoor liquor café (outdoor dining area) as part of the approval of an ordinance creating the Class J (outdoor liquor café) liquor license for issue to an applicant. In addition, the operation of an outdoor liquor café shall be subject to the provisions applicable to outdoor dining areas set forth in subsection 11.3(P) of the Zoning Ordinance of the Village of Maywood.
OWNER. Shall include all persons who are owners or lessees or otherwise who are in control of any place where the sale of alcoholic liquor is carried on, whether they be individuals, a partnership including all partners thereof, or a corporationincluding the shareholders, directors and officers thereof.
PERSON. Any person, firm, partnership or corporation.
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.
RECREATIONAL FACILITY. Any public or private arena, building or facility, open to the public and used by patrons for the primary purpose of conducting athletic or recreational sports activities such as bowling alleys, golf courses, golf driving ranges, fitness clubs, swimming, tennis or other sports and other types of indoor and outdoor arenas or other sports fields. This definition does not include pool halls.
RESTAURANT. Any public place which has a dining area for patrons to eat meals and that is kept, used, maintained, advertised and held out to the public as a place where complete meals are served, and where such meals are actually 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. The term COMPLETE MEALS, as used in this chapter, shall mean the wide variety of foods from all major food groups, including the availability of multiple, distinct types of entrees, side dishes and desserts, that are customarily listed on banquet, buffet, breakfast, brunch, lunch and/or dinner menus. The mere availability and service at any premises of hot dogs, hamburgers, sandwiches, hors d’oeuvres, snacks such as ice cream, chips, pretzels or other similar foods will not, standing alone, constitute the service of complete meals and shall not be deemed sufficient to constitute such premises as a restaurant within the meaning of this chapter. It is the intent of this chapter that the sole business conducted on premises to be licensed as special event spaces, outdoor liquor cafes or restaurants under this chapter shall be the service of complete meals, as the term is commonly understood, with such meals being listed in banquet, buffet, breakfast, brunch, lunch and/or dinner menus and as further defined herein. Without limiting the generality of the foregoing, the service of complete meals does not include service of food by luncheonettes, ice cream shops, pubs, coffee shops, drive-ins, or self-service and/or carryout establishments. A fast food restaurant is not a premises to be licensed as a restaurant hereunder. On its premises, a restaurant owner may also operate a SPECIAL EVENT SPACE operation as defined in § 117.01 (Definitions), but in order to serve alcoholic liquor as part of the SPECIAL EVENT SPACE operation, the restaurant owner shall be required to apply for, receive and maintain a Class "F" (SPECIAL EVENT SPACE) liquor license and a Subclass F-l (SPECIAL EVENT SPACE/LIMITED RESTAURANT) Liquor License Designation as set forth in this chapter.
RESTAURANT, FULL SERVICE. A full service restaurant shall have a dining area for patrons to eat meals and patrons are attended by a full service waitstaff and/or through technology that simulates full service waitstaff. This type of restaurant is further defined as any public place kept, used, maintained, advertised, and held out to the public as a place where complete meals are actually and regularly served, with adequate and sanitary kitchen and dining room equipment and with adequate staff to take orders, prepare food, and serve the food and beverages, including alcoholic beverages, in a full service operation rather than a fast food service operation. The principal business of a full service restaurant is the service of complete meals, and said service of such meals shall constitute at least 60% of the gross income of the establishment as distinguished from theprincipal business being the service of food as a supplement to the service of alcoholic liquor. The restaurant design shall reflect the character of an establishment that is a restaurant rather than an establishment set up to serve alcoholic liquor as its
principal activity. A fast food restaurant is not a premises to be licensed as a full service restaurant hereunder.
RESTAURANT LIMITED FOOD SERVICE. A limited food service restaurant may have a full kitchen for preparation of full meals or a limited kitchen (e.g., hot plates, small ovens, small deep fryers, microwaves, refrigerators and coolers. etc.) for preparation of a limited food menu (e.g., appetizers, salads, sandwiches, hamburgers, chicken wings, tacosand other casual dining fare) or may have a limited kitchen with a limited food menu, but also has established, active business relationships with local and regional restaurants and food delivery services so that patrons can order and eat food from the menu or delivered to the restaurant. The limited food service restaurant shall have a dining area for patrons to consume food and beverages and may have a patron bar where food and alcoholic beverages can be
consumed. The food and beverages can be ordered either at a counter or from wait staff or directly from local and regional restaurants and food delivery services. Retail sale, service and on-site consumption of alcohol beverages shall only occur while the kitchen is open and the patron has ordered and is waiting for food or is in the process of consuming food. This type of restaurant is further defined as any public place kept, used, maintained, advertised, and held out to the public as a place where complete meals or a food from a limited food menu are actually and regularly served, with adequate and sanitary kitchen and dining room equipment and with adequate staff to take orders, prepare food, and serve the food and beverages, including alcoholic beverages, in a limited food service operation rather than a fast food service operation. The principal business of a limited food service restaurant is the service of food and beverages, including alcoholic beverages, and said service of such food shall constitute at least 60% of the gross income of the establishment as distinguished from the principal business being the service of food as a supplement to the service of alcoholic liquor. The restaurant design shall reflect the character of an establishment that is a restaurant rather than an establishment set up to serve alcoholic liquor as its principal activity. A fast food restaurant is not a premises to be licensed as a limited food service restaurant hereunder.
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.
SELL AT RETAIL AND SALE AT RETAIL. The sale for use or consumption and not for resale in any form.
SPECIAL EVENT RETAILER (NOT FOR PROFIT ORGANIZATION). A qualified educational, fraternal, political, civic, religious, charitable or other not for profit organization which sells or offers for sale alcoholic beverages only for consumption at the location and on the dates designated by the special event retail liquor license. A qualified not for profit organization means a corporation that is recognized as a tax exempt entity as defined under the applicable provisions of the Internal Revenue Code of 1986, as amended, or a not for profit corporation as defined under the applicable provisions of the general Not For Profit Corporation Act of 19861, as amended. To the extent the not for profit organization has received written certification from the internal revenue service regarding its tax exempt status or has registered with the Illinois attorney general as a charitable organization, that certification or proof of registration shall be required to be filed with the village as part of the liquor license application.
SPECIAL EVENT SPACE. An establishment which is rented by individuals or groups to accommodate private functions and events such as fundraisers, banquets, weddings, anniversaries, and other similar celebrations. SPECIAL EVENT SPACES shall have on- premises a full kitchen for preparation of complete meals or a limited kitchen (e.g., hot plates, small ovens, small deep fryers, microwaves, refrigerators and coolers, and the like) for preparation of a limited food menu (e.g., appetizers, salads, sandwiches, hamburgers, chicken wings, tacos and other casual dining fare). For its private breakfast/lunch/dinner service, buffets, brunches or holiday meal events, parties, weddings, live entertainment events and other similar functions, SPECIAL EVENT SPACE owners, who hold a valid Class F liquor license, may offer and serve meals prepared on- site for consumption or may arrange for meals to be prepared off-site by other restaurants or food trucks or caterers and served and consumed on premises. No alcoholic liquor can be sold, served or consumed on the licensed premises as part of the special event space operation, if the on-site kitchen is not open and serving complete meals or if meals are not otherwise being served or available to be served on the licensed premises by a restaurant or a food truck or a caterer. Consumption of alcoholic liquor shall only be allowed where the patron has ordered and is waiting for food or is in the process of consuming food.
SPECIAL EVENT SPACE/OUTDOOR LIQUOR CAFÉ. SPECIAL EVENT SPACE owners, who hold a valid Class F liquor license, may apply for and hold a Subclass F-2 (Special Event Space/Outdoor Liquor Café) Liquor License Designation, as regulated in § 117.23(F) below, for purposes of operating an outdoor liquor café at the special event space location and may offer within the outdoor liquor café premises breakfast/lunch/dinner service, buffets, brunches or holiday meal events, parties, music performance events and other similar functions that are either closed to the public or open to the public and where a per-patron food and beverage fee, an entry fee or a donation may be charged to attend, provided that the fee charged does not violate the provisions of § 117.60 (Happy Hours Prohibited) below. No alcoholic liquor can be sold, served or consumed on the licensed premises as part of the outdoor liquor café operation, if the on-site kitchen is not open and serving complete meals or if meals are not otherwise being served or available to be served on the licensed premises by another restaurant or a
food truck or a caterer. Consumption of alcohol liquorshall only be allowed where the patron has ordered and is waiting for food or is in the process of consuming food.
SPECIAL EVENT SPACE/RESTAURANT. SPECIAL EVENT SPACE owners, who hold a valid Class F liquor license, may apply for and hold a Subclass F-1 (Special Event Space/Restaurant) Liquor License Designation, as regulated in § 117.23(F) below, for the purpose of operating any type of restaurant defined in § 117.01 at the special event space location and may offer breakfast/lunch/dinner service, buffets, brunches or holiday meal events, parties, music performance events and other similar functions that are either closed to the public or open to the public and where a per-patron food and beverage fee, an entry fee or a donation may be charged to attend, provided that the fee charged does not violate the provisions of § 117.60 (Happy Hours Prohibited) below. No alcoholic liquor can be sold, served or consumed on the licensed premises as part of the restaurant operation, if the on-site kitchen is not open and serving complete meals or if meals are not otherwise being served or available to be served on the licensed premises by another restaurant or a food truck or a caterer. Consumption of alcohol liquor shall only be allowed where the patron has ordered and is waiting for food or is in the process of consuming food.
VIDEO GAMING CAFE/BISTRO. A specialized type of restaurant where a variety of light appetizers, sandwiches, wraps, salads and bakery products (collectively, "café fare") are prepared on site or provided by a caterer, a restaurant or a bakery, and made available for retail sale and consumption by patrons during the hours that retail sale, service and consumption of beer and wine is permitted, but whose business model focuses on providing video gaming for its customers. A VIDEO GAMING CAFE/BISTRO may, but does not have to, provide an on-site kitchen, but shall maintain, at a minimum, a refrigerator, coolers, microwave oven, heating lamps, and other food-related equipment necessary to offer and maintain fresh café fare during hours of operation.
Convenience stores and gas stations do not qualify as video gaming cafes/bistros.
(1997 Code, § 35.01) (Ord. 78-10, passed 5-25- 1978; Am. Ord. CO-2010-25, passed 12-21- 2010; Am. Ord. CO-2015-30, passed 12-15- 2015; Am. Ord. CO-2016-32, passed 12-21- 2016; Am. Ord. 2018-38, passed 9-4-2018; Am. Ord. CO-2020-08, passed 3-17-2020; Am. Ord. CO-2020-29, passed 10-20-2020; Am. Ord. CO-2023-36, passed 6-20-2023; Am. Ord. CO-2023-31, passed 7-11-2023; Am. Ord. CO-2023-43, passed 10-10-2023; Am. Ord. CO-2024-05, passed 2-6-2024)