4-1-3: DEFINITIONS:
The following words and phrases shall have the meanings respectively ascribed to them by this section:
ADULT BOOKSTORE: An establishment having, as a substantial portion of its sales or stock in trade, books, magazines, films for rent, sale or for viewing on the premises by use of motion picture devices or by coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas" as defined in this section, or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
ADULT ENTERTAINMENT CABARET: An establishment offering to its patrons, as entertainment, any exhibition or display, or any theatrical or other live performances which include topless or go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or any persons singing, reading, posing, modeling, or serving food or beverages, where the exhibition, performance, display or dance is intended to sexually arouse the entertainer or the patrons, or where the attire of persons involved is such as to expose "specified anatomical areas", as defined in this section.
ADULT MOTION PICTURE THEATER: An enclosed building, regardless of its seating capacity, which is used to present for public view on the premises, films, movies, previews, trailers or advertisements which are distinguished by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined in this section.
ADULT USE: Includes adult bookstores, adult entertainment cabarets, and adult motion picture theaters, and similar uses.
ALCOHOL: The product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and including synthetic ethyl alcohol, but not including denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR: Any 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 produced in accordance with acts of congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent (0.5%) or less, of alcohol by volume.
ANNUAL SPECIAL EVENT: A business which would comply with the requirements of section 4-1-17, "Special Events Licenses And Promotions", of this chapter but seeks to conduct more than one but no more than ten (10) special events in one license year. When an applicant has held ten (10) special events within the year, an applicant must either apply for a new annual special events liquor license or apply for a per event special event liquor license.
APPLICANT: An individual, partnership, corporation or limited liability company which seeks to be licensed under the provisions of this chapter. In the case of a corporation or limited liability company, it shall mean the officers, directors, all persons owning directly or beneficially more than five percent (5%) of the stock of such corporation, and the person operating as manager of the premises.
BAR: A counter upon or over which alcoholic liquor is the principal commodity served or dispensed for consumption by persons at such a counter.
CATERER: A person who serves alcoholic liquors for consumption at the customer's site, whether the location is licensed or unlicensed, as an incidental part of food service.
CLUB: A corporation organized under the laws of this state, not for pecuniary profit, but 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 employees for cooking, preparing and serving food and meals for its members and their guests; provided that its affairs and management 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.
COFFEE SHOP: A place of business that is: a) licensed if such requirement is contained within the ordinances of the village; b) opens to the public for business each day and remains open to the public for business continuously for not less than ten (10) hours; and c) is engaged in the primary business of the sale, over a counter located at the point of sale where customers place orders, of: 1) coffee, tea, coffee based beverages, tea based beverages, and other beverages prepared on the premises for consumption on or off the premises where served; and 2) food items, including baked goods for consumption on or off the premises where served. The sale or service of beer and wine at any coffee shop located within the village is prohibited except pursuant to a class K coffee shop license. No coffee shop located within the village is eligible for any class of liquor license other than a class K coffee shop license.
FOOD HALL: A place of business that:
   A.   Holds a class L license if alcoholic liquor is sold, possessed, or consumed on the premises;
   B.   Is located in the B2 district and within a building having no less than twenty thousand (20,000) square feet of building area;
   C.   Has seating capacity, whether with stools, chairs, benches, couches or other furniture, for no more than four hundred thirty (430) persons (not including the seating capacity of any adjacent food hall restaurants and food hall coffee shops);
   D.   Provides the exclusive means of customer access to no fewer than five (5) and no more than ten (10) premises suitable for occupancy by restaurants or coffee shops (whether or not any 1 or more of such premises are occupied, and whether or not any 1 or more of such premises are licensed for the sale of alcohol);
   E.   Has at least one access control point with an enclosed vestibule, video surveillance, and signage prohibiting customers from exiting or entering the food hall with any alcoholic beverage;
   F.   Is fully enclosed by some or all of the following: solid walls; planters no less than thirty inches (30") in height and no less than two feet (2') in width; other nonpermeable barriers approved by the liquor control commissioner; access control points; one-way emergency exit gates identified as such with signage; doorways specifically marked and located for use only by employees and delivery personnel; and premises for food hall restaurants and food hall coffee shops (whether or not occupied); and
   G.   Complies with enclosure and access control plans reviewed and approved by the liquor control commissioner, village fire department, and community development department, which enclosure and access control plans shall be designed and constructed to ensure that: 1) no customer of a restaurant or coffee shop that is adjacent and accessible to a food hall may enter except through that food hall's access control points; and 2) no such customer may exit such restaurant or coffee shop except through that food hall's approved access control points and approved one-way emergency exit gates.
FOOD HALL COFFEE SHOP: A coffee shop that is adjacent to a food hall and accessible by customers only from or through that food hall, regardless of whether such coffee shop holds a class K license or has had a class K license that is permanently revoked or temporarily suspended and regardless of whether the adjacent food hall holds a class L liquor license.
FOOD HALL RESTAURANT: A restaurant that is adjacent to a food hall and accessible by customers only from or through that food hall, regardless of whether such restaurant holds a class A-1 license or has had a class A-1 license that is permanently revoked or temporarily suspended and regardless of whether the adjacent food hall holds a class L liquor license.
GENERAL MANAGER: The person who directs, controls, supervises, or is generally in charge of all operations of the licensed establishment.
HOTEL: Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where a restaurant is located 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 for transients.
LICENSED FOOD HALL: A food hall that holds a class L license. No food hall shall be required to hold a class L license unless any of the following applies: a) alcohol will be sold, possessed, or consumed within the food hall premises; b) an adjacent food hall restaurant holds a class A-1 license; or c) an adjacent food hall coffee shop holds a class K license.
LICENSED FOOD HALL COFFEE SHOP: A food hall coffee shop that holds a class K license. No food hall coffee shop shall be required to hold a class K license unless alcohol will be sold by the food hall coffee shop.
LICENSED FOOD HALL RESTAURANT: A food hall restaurant that holds a class A-1 license. No food hall restaurant shall be required to hold a class A-1 license unless alcohol will be sold by the food hall restaurant.
LIQUOR MANAGER: The person who directs, controls, supervises, or is generally in charge of its employees and staff relating to the distribution or purveyance of alcoholic beverages within the licensed establishment.
LIVE ENTERTAINMENT: The playing of live music by a person or persons using string, brass, reed, woodwind, percussion, electronic and digital instruments at a volume which does not create a public nuisance and/or performances by individuals and/or groups which may involve acting, singing, dancing, comedy and the reading and/or recital of poetry.
LOUNGE AREA: That portion of a restaurant possessing a liquor license which contains a bar, tables and chairs and is set aside primarily for the service of alcoholic beverages by the poured drink without food, and which is operated in compliance with the liquor license requirements.
MEN'S OR WOMEN'S CLUB: An establishment which offers entertainment where any person may appear in a nude or seminude state, or offers the customer a role playing interaction, including, but not limited to, servers, hosts, hostesses, dancers, singers, models or other performance artists, or an establishment which offers customers role playing interaction.
NUDE OR NUDITY OR A STATE OF NUDITY: The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or, a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
ORIGINAL PACKAGE: Any bottle, flask, jug, can, barrel, keg, 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 LIQUOR SALES: The sale or offering for sale at retail of alcoholic liquor, in the original package, and not to be consumed in whole or in part on the premises where sold.
PERSON: An individual, partnership, corporation or limited liability company.
PREMISES: Premises licensed under this chapter shall refer to that area for which a license has been issued to sell alcoholic beverages. Where more than one area for the sale of alcoholic beverages is under the same roof or at one street address, each area shall be considered to be a separate premises for licensing purposes.
RECREATIONAL FACILITY: A building or area in which the primary business is to provide, by membership or user fee or both, a place in which the public may participate in a sport or engage in physical fitness activities, including, but not limited to, golf courses, tennis, racquetball or handball clubs and health clubs, provided, that such facilities shall include an area in which service of food prepared on premises is provided, including hot or cold sandwiches or other similar foods, and in which the guest seating capacity is not less than thirty five (35).
RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public as a place where the primary business is the service of meals, and where meals are actually and regularly served, without sleeping accommodations, and where adequate provision is made for sanitary kitchen and dining room equipment and capacity and a sufficient number of employees to prepare, cook and serve a reasonable variety of meals for its customers. The mere availability and service at any premises of cold sandwiches, hors d'oeuvres or other similar foods will not, standing alone, be deemed sufficient to constitute such premises a restaurant within the meaning of this definition, it being the intent of this definition that the primary business conducted on premises to be licensed as restaurants hereunder shall be the service of meals.
RETAIL SALE: The sale for use or consumption and not for resale.
ROLE PLAYING INTERACTION: An arrangement, service or program where a server, host, hostess, dancer, singer, model or other performance artist engages a customer in a meeting or conversation involving, depicting, participating in, or relating to any specified sexual activities as set forth in subsection 4-1-24A7 of this chapter.
SALE: Any transfer, exchange or barter, in any manner or by any means whatsoever, for a consideration and not for resale, including all sales made by any person, except a person acting in the privacy of his/her home, or as part of a religious ceremony, whether as principal, proprietor, agent, servant or employee, and including, but not limited to, all of the following acts when done for consideration:
   A.   The selling of liquor;
   B.   The delivery of liquor, without additional charge, with a meal or with entertainment or the providing of samples of liquor as part of a promotion or sales device of any kind;
   C.   The dispensing of liquor;
   D.   The providing of mix, ice, water or glasses for the purposes of serving or mixing drinks containing alcoholic liquor for consumption on the same premises;
   E.   The pouring of liquor;
   F.   The providing of "setups" containing alcoholic liquor.
SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SPECIAL EVENT: An event conducted by a person who is not licensed under this chapter which involves the sale of alcoholic liquor or at which alcoholic liquor is made available to the general public, or an event conducted by a person who is licensed under this chapter which exceeds the restrictions and limitations of such license.
SPECIFIED ANATOMICAL AREAS: A. Less than completely and opaquely covered: human genitals, pubic region or pubic hair; buttocks; and female breasts below a point immediately above the top of the areola; and
   B.   Human male genitals in a discernibly turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: A. Human genitals in a state of sexual stimulation or arousal;
   B.   Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation;
   C.   Fondling or erotic touching of human genitals, pubic region, buttock or female breast;
   D.   Excretory functions as part of or in connection with any activities set forth in subsections A through C of this definition. (Ord. G-570, 5-14-1996; Ord. G-587, 4-8-1997; Ord. G-591, 5-13-1997; Ord. G-1057, 10-13-2015; Ord. G-1076, 5-10-2016; Ord. G-1078, 7-12-2016; Ord. G-1083, 8-9-2016)