Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below:
ALCOHOL: The product of distillation of any fermented liquid, whether refortified or diluted, whatever may be the origin thereof, and synthetic, ethyl alcohol, but not including denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR: Any alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol and intended for consumption 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 act of congress and regulations promulgated thereunder, nor to any liquor or solid containing one-half of one percent (.5%), or less, of alcohol by volume.
APPLICANT: Any form of legal entity, which seeks to be licensed under the provisions of this chapter. In the case of a corporation, it shall mean the officers, directors, all persons owning directly or beneficially five percent (5%) or more of the stock of such corporation and the person operating as manager of the premises to which a license applies.
BAR: A counter upon or over which alcoholic liquor is the principal commodity served for consumption by persons at such counter.
BEER: A beverage obtained by the alcoholic fermentation of an infusion or concoction of barley or other grain, salt and hops in water. Beer shall include, among other things, beer, ale, stout, lager, porter and the like.
CITY: The city of Momence, Kankakee County, Illinois.
COMMISSIONER: The local liquor control commissioner.
CONTROL OF PREMISES: The legal or beneficial ownership, rental or lease of a premises or the holding of a license shall constitute control of property. Control may also exist where none of these legal relationships apply, but where an adult is otherwise in charge of or charged with controlling a particular premises.
DELIVERY OF ALCOHOLIC BEVERAGES: The sale, giving or exchange of an alcoholic liquor from one person to another. Delivery is meant to include the provision of any alcoholic liquor by whatever means to one person from another.
DRUGSTORE: A commercial establishment open to the public where prescription drugs and pharmaceuticals are sold and dispensed by a registered pharmacist.
FALSE IDENTIFICATION: Any document used for identification or proof of age that has been altered or defaced or that contains false or misleading information or that contains a name that is not the actual name of the person using it.
FOOD STORE: A commercial establishment open to the public where primarily food and food products are sold at retail for consumption off the premises. This definition shall not include any establishment where gasoline is sold.
HOTEL: Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential and where a restaurant may be located.
IMPAIRMENT: Any diminution or compromise of a person's physical, mental or perceptual abilities due to the consumption of an alcoholic liquor. Impairment does not require that the blood alcohol content be in excess of any particular gram of alcohol to milliliters of blood or breath ratio.
LICENSE OR LIQUOR LICENSE: That specific grant of the privilege and authority to a licensee to sell or offer for sale alcoholic liquor at retail in the manner set forth in the text of the particular license classification.
LICENSEE: That person who by issuance of a license has been given the privilege by the commissioner to engage in the retail sale of alcoholic liquor in the city. This shall include the holder of a city of Momence liquor license or any officer, principal, employee or agent of the license holder.
LOCAL LIQUOR CONTROL COMMISSIONER: The mayor of the city of Momence shall be the local liquor control commissioner.
LOUNGE: That portion of a licensed premises that is kept, used, maintained, advertised and held out to the public as a place where alcoholic liquor is offered for retail sale for consumption on the premises only and not necessarily in conjunction with the full service of meals. This definition may also include the term "cocktail lounge".
OFF SITE CATERER: A catering business which, pursuant to a contractual agreement, serves food and/or alcoholic beverages not at a catering hall, but at a site designated by the party engaging the services of the caterer.
OPERATION OF A MOTOR VEHICLE: The operation or control of a motor vehicle anywhere in the city of Momence, whether on private or public property. To be in physical control, the person need not be actually driving the motor vehicle and the vehicle need not be running. If there is only one person inside of a motor vehicle, that person shall be presumed to be in physical control regardless of the person's location within the vehicle. If there is only one person in a front seat or front passenger area of a motor vehicle, that person shall be presumed to be in physical control regardless of the person's location in the front passenger area. If there are persons in the vehicle, but not in the front passenger area, the owner of the vehicle or the person to whom permission was given to operate the vehicle, shall be presumed to be in physical control of the vehicle.
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.
PARENT: A natural or adoptive parent or a court designated guardian.
PRIVATE CLUB: A not for profit corporation supported by the dues of its members and organized solely for the promotion of some common objective other than the sale or consumption of alcoholic liquor.
PUBLIC SPACE: Includes all of the interior space except those spaces used for cooking, food preparation, or food storage.
RESTAURANT: Any public place, 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 at tables or in booths. Without limiting the generality of the foregoing, the term "restaurant" does not include limited food service establishments, luncheonettes, diners, pubs, coffee shops, drive- ins or self-service and/or carryout establishments and shall not include room service where the restaurant is located in a hotel.
SALE AT RETAIL: The sale or delivery of an alcoholic liquor to the consumer or general public as differentiated from the wholesale delivery for legal resale.
SALE, SELL: Transfer, exchange or barter in any manner, or by any other means for consideration. This shall include and mean all sales, soliciting or receiving an order for keeping or exposing for sale and keeping with intent to sell. It shall also include the exchange, transfer or trade for a ticket or token obtained for consideration.
UNDERAGE PERSON: Any person under twenty one (21) years of age.
VICARIOUS LIABILITY: That liability which is implied as a matter of law even though the person may not have directly caused an injury to another person.
WINE: Any alcoholic liquor obtained from the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol. (Ord. 800, 10-5-2015)