All words and phrases defined in an act entitled "an act relating to alcoholic liquors", approved January 31, 1934, as amended from time to time, and as set forth generally in 235 Illinois Compiled Statutes 5/1-2 (hereinafter "liquor control act") are hereby incorporated and made a part of this chapter. Unless the context otherwise requires, the following as used in this chapter shall be construed according to the definitions given herein:
ALCOHOLIC BEVERAGES OR LIQUOR:
A. Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (0.5%) of alcohol by volume, which is fit for beverage purposes.
B. Any beverage containing zero percent (0.00%) or more alcohol by volume commonly known as "near beer", "nonalcoholic beer", or "nonalcoholic wine", whose taste, color, odor and consistency are similar to the alcoholic beverages known as beer and wine, except for the reduced alcohol content, is marketed as being similar to beer or wine.
BANQUET HALL FACILITY: A for profit facility primarily utilized for the purpose of serving of food and beverage, both alcoholic and nonalcoholic, to groups of persons for special, common purpose events.
CATERER: A person who serves alcoholic liquor for consumption at the customer's site as an incidental part of food service.
CONTROL OF PREMISES: To be in control of a premises or to have a premises under one's control shall mean a legal or beneficial ownership, rental, lease or license. Control may also exist where none of the aforesaid legal relationships apply, but where an adult is otherwise clearly in charge of and controlling a particular premises.
DELIVERY OF ALCOHOLIC LIQUOR: The sale, gift or exchange of an alcoholic liquor from one person to another. Delivery is meant to include providing of any alcoholic liquor of whatever kind or nature from one person to another.
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.
HARD SELTZER: Any drink containing alcohol and carbonated water that has an ABV of no more than eight and one-half percent (8½%) that is not a cocktail and is contained in an original package from the manufacturer.
IMPAIRMENT: Any diminution or compromise of a person's physical, mental or perceptual abilities due to the consumption of an alcoholic beverage. 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.
OPERATION OF A MOTOR VEHICLE: Shall include physical control of the motor vehicle. It shall mean the operation or control of a motor vehicle anywhere in the city, 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, the 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.
PACKAGE GOODS STORE: A permanent place of business for the retail sale of alcoholic liquor in packages or original containers for consumption outside the premises where sold.
PARENT: A natural or adoptive parent or a court designated guardian.
PREMISES: The entire place of business or building described in a liquor license where alcoholic liquor, or any associated item(s) used in connection with the purchase, sale or storage of alcoholic liquor, is stored, displayed, offered for sale or where drinks containing alcoholic liquor are mixed, concocted, poured, or served for consumption.
RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public as a place where meals are cooked and prepared in an adequate and sanitary kitchen located on the licensed premises using stoves, ovens, fryers and related equipment located on the licensed premises and which are protected by a fire protection system that conforms with city ordinances. The sale of packaged foods such as potato chips, pretzels, popcorn, peanuts or other similar snacks or frozen or premade foods such as pizzas, hamburgers or sandwiches which can be prepared by heating or warming in an oven shall not be considered food prepared and served on premises, as required herein.
RETAIL SALE: Not for resale.
RETIREMENT HOME: An institution whose primary and sole business is to provide housing and related living accommodations for senior citizen residents.
SERVICE BAR: A work area from which alcoholic liquors are mixed or prepared for human consumption and situated in a restaurant or bowling alley, from which work area the alcoholic liquors are so mixed or prepared for the purpose only of being taken by the employees of such establishment to tables or areas occupied by patrons of such restaurant, for consumption in connection with and as a part of the meals sold to the customers of such business or to bowlers in a bowling alley.
TAVERN: A permanent place of business for the retail sale of alcoholic liquor for consumption on the premises where sold.
UNDERAGE PERSON: Any person under twenty one (21) years of age.
VICARIOUS LIABILITY: The liability that is implied as a matter of law even though the person may not have directly caused an injury to another person. (Ord. O-05-91, 2-19-1991, eff. 5-1-1991; amd. Ord. O-41-93, 12-6-1993; Ord. O-16-2001, 10-15-2001; Ord. O-24-2015, 12-7-2015; Ord. O-15-2016, 10-17-2016; Ord. O-09-2022, 8-15-2022)