Unless the context clearly and unambiguously otherwise requires, the following words and phrases as used in this Article shall be construed according to the definitions set forth below:
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.
ALCOHOLIC LIQUOR. Includes alcohol, spirits, wine, and beer, and every liquor or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed as a beverage by a human being. ALCOHOLIC LIQUOR shall not include any liquid or solid containing one-half of one percent or less of alcohol by volume.
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.
BOWLING ALLEY. An establishment or premises or part of an establishment or building as the case may be wherein the game of bowling with composition balls and ten wooden pins is played.
CLUB. A corporation organized under the laws of this 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 Local Liquor Control Commissioner at the time of its application for a license under this Article two copies of a list of the names and residences of its members and similarly files within ten (10) days of the election of any additional member his name and address; AND PROVIDED FURTHER that the affairs and management of such club 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.
CONSUMPTION SALES. The sale or offering for sale at retail of any alcoholic liquor for consumption upon the licensed premises where it is sold.
CONTROL PREMISES. The licensed premises and all property adjacent to the licensed premises which is owned or leased by or which is under the authority or supervision of the licensee; control premises shall include, but shall not be limited to, the licensed premises, parking lots, sidewalks and walkways. Except as provided within § 111.05 with regard to a Hotel License, each building, facility or business required for a particular classification (e.g. restaurant, hotel, lounge, Package and Consumption Sales premises etc.) must be under the sole and exclusive ownership and control of the licensee and no part thereof shall be leased, contracted, subleased or subcontracted to another person by the licensee, provided nothing herein shall prohibit the licensee from employing a manager or contracting for management services for which the licensee retains responsibility and liability.
CONVICTED. Means and includes a plea of guilty, a plea of no contest, or probation or any plea admitting guilt or admitting the facts of an offense; and it means and includes any finding of guilt by a court, a jury, an administrative agency or any other trier of fact.
FESTIVAL AREA. Municipally owned property located at 207 S. 7th Street, commonly known as the Armory, and municipally owned property and right of way located upon 9th Street between Broadway and Casey Street, Main and Broadway, and Harrison Street and Main.
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 transient travelers and guests in which twenty-five (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 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; said hotel must actually be engaged in the business of renting, leasing or letting rooms and must be filing returns and paying the Mt. Vernon Motel-Hotel tax.
LICENSED PREMISES.
(1) The area as described in the application where alcoholic liquor is served, consumed, stored, or sold and areas internally or externally connected thereto by doorway, which areas are integrally related to the operation of the licensed establishment.
(2) LICENSED PREMISES is meant and defined as the interior of a building or a fully enclosed area and does not include a parking lot, a sidewalk, walk, covered walkway, or any unenclosed area, except however, LICENSED PREMISES shall include:
(a) The sidewalk dining area of a Restaurant Licensee or a Restaurant with Lounge Licensee which is in compliance with Chapter 119 of the Revised Code of Ordinances and which is subject to a Downtown Sidewalk Dining Liquor Permit described within § 111.05(N) herein,
(b) Shall include the area described within the application and License for a Festival Events License and
(c) Shall include the area described within the application and License for a Retail Business Customer License.
LICENSEE. Any individual, corporation, partnership, or other person holding a license under the terms and provisions of this Article.
LOCAL LIQUOR CONTROL COMMISSIONER. The Mayor of the City of Mt. Vernon.
MOTEL-HOTEL TAX. The tax imposed by ordinance No. 87-27 of the City of Mt. Vernon.
MT. VERNON LIQUOR ADVISORY BOARD. The Liquor Advisory Board established by Section 6.20 herein.
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.
PACKAGE SALES. The sale or offering for sale at retail of alcoholic liquor in the original package and not to be opened to be consumed in whole or in part on the premises where sold.
PUBLIC PROPERTY. Means:
(1) Any public street, alley, sidewalk or public way,
(2) All property owned by the United States, the State of Illinois or other State or any municipality or other political subdivision or agency thereof and
(3) Any property, including privately owned property, which is open to or held out for use by the public, except a “licensed premises” as defined above.
RESIDENT MANAGER or MANAGING AGENT. The person designated as manager within the application for license. The RESIDENT MANAGER or MANAGING AGENT must be a bona fide resident of Jefferson County, Illinois and must be a full-time employee of licensee who is physically present on a daily basis at the license premises not less than forty (40) hours per week; the RESIDENT MANAGER or MANAGING AGENT must have management authority including control of the premises, all books and records and must have the authority to make decisions and give consent regarding any matter concerning the control premises. A corporation and similar business entities must conduct business by a RESIDENT MANAGER or MANAGING AGENT.
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, 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.
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, whether for immediate or future delivery, for a consideration and includes and means all sales made by any person, whether principal, proprietor, agent, servant, or employee.
SAMPLING. A supervised offering at a licensed premises of an alcoholic product or products as a sales promotion of said products by a licensee, provided that a sampling product may only be tasted in the following amounts: distilled spirits, 1/4 ounce, wine 1 ounce, and beer 2 ounces.
SELL AT RETAIL and SALE AT RETAIL. Refer to and mean sales for use or consumption and not for resale in any form.
SERVICE BAR. A place or location not within the view of the public where alcoholic liquor may be poured and served. A SERVICE BAR may only be located in a kitchen, food preparation area or waiter or service station area of a licensee.
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 substances.
TO SELL. To advertise for sale or to solicit or receive any order for or to keep or expose for sale or to keep or possess with intent to sell.
WINE. Any alcoholic beverage obtained by the fermentation of the natural contents of fruits or vegetables containing sugar, including any such beverages when fortified by the addition of alcohol or spirits as above defined.
(Prior Code, Art. 6, § 6.2)