For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 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, nor to any liquid or solid containing 0.5%, or less, of alcohol by volume. Nor shall the provisions of this chapter apply to flavoring extracts, concentrates, syrups or medicinal, mechanical, scientific, culinary or toilet preparations, or food products unfit for beverage purposes, but the provisions of this chapter shall not be construed to exclude or not apply to alcoholic liquor used in the manufacture, preparation or compounding of such products. None of the provisions of this chapter shall apply to wine intended for use and used by any church or religious organization for sacramental purposes.
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.
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 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 SALE. The sale or offering for sale at retail of any alcoholic liquor for consumption on the premises where sold.
DISTRIBUTOR. Any person, other than a manufacturer, who is engaged in the village in purchasing, storing, possessing or warehousing any alcoholic liquors for resale.
ILLINOIS LIQUOR CONTROL ACT. An act passed by the Fifty-Eighth Illinois General Assembly entitled “An Act Relating to Alcoholic Liquors” approved January 31, 1934, as amended.
ILLINOIS LIQUOR CONTROL COMMISSION; STATE COMMISSION. The commission created by Article III, Section I of the Illinois Liquor Control Act, being 235 ILCS 5.
IMPORTING DISTRIBUTOR. Any person who imports, or causes to be imported into this state, any alcoholic liquor for sale or resale within the village.
LICENSED PREMISES. The premises described in the application for the license or in the license, as the place where the business is to be carried on.
MANUFACTURER. Every brewer, fermenter, distiller, rectifier, wine maker, blender, processor or person who fills or refills an original package and any other person engaged in brewing, fermenting, distilling or rectifying alcoholic liquors as above defined.
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 an alcoholic liquor, to contain, and to convey any alcoholic liquor.
OWNER; PROPRIETOR. Includes 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 or officers, directors, stockholders of corporations or otherwise.
PACKAGE SALE. The sale or offering for sale at retail of alcoholic liquor, in the original package, and not to be consumed or in fact consumed in whole or in part on the premises where sold.
PERSON. Any individual, partnership, club, association or corporation.
PUBLIC PROPERTY. Includes:
(1) Any public highway, street, alley, sidewalk or public right-of-way;
(2) All property owned by the United States of America, the State of Illinois, any municipality or any other governmental body or agency; and
(3) Any property, including private property, which is open to or held out for the use of the public, other than a licensed premises, as defined herein.
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 separate 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.
RETAIL ESTABLISHMENT WHERE THE SALE OF ALCOHOLIC LIQUOR IS NOT THE PRINCIPAL BUSINESS. Any establishment holding a license for the sale of alcoholic liquor where more than 50% of its gross sales or revenues for any calendar month in the preceding 12 months are for items or services other than alcoholic liquors.
RETAILER. A person who sells, or offers for sale, alcohol 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 for a consideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
SELL AT RETAIL; SALE AT RETAIL. Sales for use or consumption and not for resale in any form.
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.
TO SELL. Include soliciting or receiving any order for, to keep or expose for sale and keep with intent to sell.
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.
(1999 Code, § 21-2-1) (Ord. 03/31/2014, passed 3-31-2014)