For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:
(1) 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.
(2) Alcoholic liquor. Includes the four (4) varieties of liquor defined in this section, i.e., 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 human beings.
(3) Bar. A counter or place where alcoholic liquor is served, poured, and/or mixed.
(4) Beer. A beverage obtained by 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.
(5) Caterer. A person who serves alcoholic liquors for consumption off-site of the licensed premises, whether the location is licensed or unlicensed, as an incidental part of food service. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract, which may include a cash bar.
(6) Civic Center. One or more buildings or structures, within the same site, complex or campus, having a gross seating capacity of 8,000 persons or more, in each of which space is regularly rented or licensed for the viewing of or participation in conventions, exhibitions, sporting events, concerts or performances of plays, circuses or similar presentations.
(7) 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 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.
(8) Entertainment/Recreational Facility. A business conducted in any indoor building, room, space or area whose principal purpose is as an entertainment venue for activities such as live musical or theatrical performances, art exhibitions or oral presentations; a facility for recreational activities such as bowling, arcade games, simulated golf, and billiards or pool; or a service establishment that offers and provides services for sale to its patrons. An entertainment/recreational facility shall not include a civic center, as defined in this chapter as having a gross seating capacity of 8,000 persons or more. Video gaming shall not be considered as an entertainment or recreational activity under this definition.
Additionally, for bowling, the activity shall be conducted in any indoor building, room, space or area with a minimum of 3,000 square feet dedicated to bowling, which is open or frequented by the public and operated for gain. For a billiards or pool hall, a pool table is a billiard table or other table for playing billiards, pool, bumper pool, eight-ball or similar games.
(9) 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 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, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
(10) Incidental. Except as otherwise indicated in Section 4-3304, the term “incidental” when describing a secondary business purpose of a liquor licensee shall mean that the licensee intends such secondary business purpose to be subordinate to the dominant business. Evidence of the intent of the licensee in operating a secondary business purpose shall be initially determined based on whether the gross revenue of the secondary or incidental purpose of the business is less than fifty (50) percent of its gross, as compared to the primary or dominant business operations of the licensee. Should the gross revenue of the secondary or incidental purpose of the business exceed fifty (50) percent of the gross revenue of the business in total, the Liquor Commissioner, without hearing, may consider other factors in determining the licensee’s intent relative to principal or secondary business purposes, such as the comparison between incidental and principal business[es] based on the layout or design and devotion of space to the business purposes in the establishment, its inventory, equipment, assignment of staff and their functions and training, and business advertising, along with any other relevant indicia of intent of business purpose.
(11) Live entertainment. The offering or permitting of any amusement feature, including music, vaudeville, singing, acting, dancing or contests, whether by personal performance or instrumental device. In no instance shall live entertainment include nude or semi-nude conduct.
(12) Minor. Any person under the age of twenty-one (21) years except for persons under eighteen (18) years of age through twenty (20) years of age who are acting in pursuance of their employment at and with an establishment that is licensed in accordance with this chapter.
(13) Motel. See definition of hotel.
(14) Original package. Any 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 alcoholic liquor to contain and to convey any alcoholic liquor.
(15) Package sale. A licensed retailer’s sale of alcoholic liquor in the manufacturer’s unopened original package for off-premises consumption.
(16) Principal Purpose. Except as otherwise indicated in Section 4-3304, the phrase “principal purpose” when describing the business operations of a liquor licensee shall mean that the licensee intends such principal business purpose to be dominant to any secondary or subordinate business[es]. Evidence of the intent of the licensee in operating a principal business purpose shall be whether the licensee derives fifty (50) percent or more of their gross revenue from their principal business as compared to the incidental or secondary business operations of the licensee. Should the gross revenue of the principal purpose of the business be less than fifty (50) percent of the gross revenue of the business in total for the prior year, the Liquor Commissioner, without hearing, may consider other factors in determining the licensee’s intent relative to principal business purpose, such as along with the comparison between principal and incidental business[es] based on the layout or design and devotion of space to the business purposes in the establishment, its inventory, equipment, assignment of staff and their functions and training, and business advertising, along with any other relevant indicia of intent of business purpose.
(17) Private Function. A prearranged private party, function or event, for a specific social or business occasion, either by invitation or reservation or paid admittance, and not open to the general public, where the guests and attendants are served in a room, rooms, or area designated and used exclusively for the private party, function, or event.
(18) Producer. Any brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package, whether for himself or for another, and others engaged in brewing, fermenting, distilling, rectifying or bottling alcoholic liquors as above defined.
(19) Rental Hall Business. A business that provides a place available for rental by members of the general public for a private function by invitation, reservation or paid admittance of attendees only, such as a wedding celebration, open house, banquet, performance or similar event. The building housing the business must be designed to accommodate a minimum of two hundred fifty (250) persons safely and may include kitchen facilities for the preparation of food and areas for dancing, dining and other entertainment activities that customarily occur in association with such functions. The liquor licensee/lessor is paid a fee by the lessee for the use of the rental hall and for providing alcoholic liquor for the private function as an incidental part of food service. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract, which may include a cash bar.
(20) Restaurant. Any public place kept, used, maintained, advertised and held out to the public as a place where the sale of food is the principal business purpose and where meals are actually prepared and regularly served, and without sleeping accommodations, the space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. A restaurant for purposes of this chapter shall also be considered a Category I facility pursuant to the Illinois Food Service Sanitation Code.
(21) Retail sale. The sale for use or consumption and not for resale in any form.
(22) Salon. Any public place kept, used, maintained, advertised and held out to the public as a business that offers and provides services including hair care, nail care, esthetics and/or barber services per the Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985, 225 ILCS 410/1-1 et. seq.
(23) Special Event. An event conducted by an educational, fraternal, political, civic, religious or non-profit organization.
(24) Special use permit. A license for use by a retailer to allow for the transfer of alcoholic beverages from an existing licensed retail premises to a designated site for a specific event.
(25) Spirits. Any beverage that 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.
(26) Tavern. Any public place kept, used, maintained or advertised and held out to the public as a place where sale of alcoholic liquors is the principal business carried on, primarily for consumption on the premises.
(27) Video Gaming Establishment. Any public place kept, used, maintained, advertised and held out to the public as a "licensed establishment" per the Illinois Video Gaming Act, 235 ILCS 40/1 et. seq., where alcoholic liquor is sold for consumption on the premises and whose principal purpose is the operation of video gaming terminals as defined under the Act and Chapter 5 of this Code. The sale of alcoholic liquor and/or food at a video gaming establishment shall be incidental to the operation of video gaming terminals.
(28) Wine. Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or, vegetables, or honey, containing sugar, including mead and such beverages when fortified by the addition of alcohol or spirits, as defined in this section.
(Ord. No. 3026-2017; Sec. 4-1100(11) repealed; new Sec. 4-1100(11) enacted; 10/10/17; Ord. No. 3019-2021; Sec. 4-1100(14) enacted; 7/27/21; Ord. No. 3039-2021; Sec. 4-1100(9.5) and (14.5) enacted; 1/11/22; Ord. No. 3025-2022; Sec. 4-1100 amended; 9/27/22)