For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. All terms used in this subchapter that are not defined shall be construed according to the definitions given in ILCS Ch. 235, Act 5, §§ 1-3.01 through 1-3.31.
ALCOHOLIC LIQUOR. Any alcohol, spirits, wine, beer or other liquid or solid containing more 0.5% of alcohol by volume, which is capable of being consumed as a beverage by a human being.
BASSET PROGRAM. Any Beverage Alcohol Sellers and Servers Education and Training Program licensed by the State of Illinois Liquor Control Commission, as required by ILCS Ch. 235, Act 5, § 3-12 (11.1) and ILCS Ch. 235, Act 5, § 6-27 and Title 77 of the Illinois Administrative Code, Chapter XVI, Section 3500.
BEER. A beverage obtained by the 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.
BREW PUB. The licensed premises of a person who manufactures no more than 155,000 gallons of beer per year only at the designated licensed premises to make sales to non-licensees for use and consumption only, who stores beer at the designated licensed premises, and who is allowed to sell at retail from the licensed premises.
CLUB. A corporation organized under the laws of the state, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquor, 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 guests; provided that such club files with the Commissioner at the time of its application for a license under this subchapter, two copies of a list of names and residences of its members, and similarly files, within ten days of the election of any additional member, such member’s name and address; and provided further 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, 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.
COCKTAIL or MIXED DRINK. Any beverage obtained by combining ingredients alcoholic in nature, whether brewed, fermented, or distilled, with ingredients non-alcoholic in nature, such as fruit juice, lemonade, cream, or a carbonated beverage.
CORPORATION. A legal business entity, domestic or foreign, qualified to do business in the State of Illinois under the Business Corporation Act of Illinois.
CROWLER. A reusable rigid container, typically made of aluminum, which is not an original manufacturer container, that holds up to 32 fluid ounces of beer and is designed to be sealed on premises by the licensee for off-premises consumption.
DIRECTOR. Individuals elected by the shareholders of a corporation who carry out certain tasks established in the charter.
DISTILLING PUB. The licensed premises of a person who manufactures no more than 5,000 gallons of spirits per year only at the designated licensed premises to make sales to non-licensees for use and consumption only, who stores spirits at the designated licensed premises, and who is allowed to sell at retail from the licensed premises.
GROWLER. A reusable rigid container, which is not an original manufacturer container, that holds up to 128 fluid ounces of beer and is designed to be sealed on premises by the licensee for off-premises consumption.
HOTEL. A 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 travelers and guests, whether transient, permanent or residential, in which 25 or more rooms are used for the 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 in connection therewith, and such building or buildings being provided with adequate and sanitary kitchen and dining room equipment and capacity. Such building or group of buildings and facilities may also include up to two indoor cocktail lounges, room service facilities, in-room mini-bars, banquet facilities or a conference center, rooms providing dancing or live entertainment, and recreational facilities such as a golf course.
HOWLER or HALF GROWLER. A reusable rigid container, which is not an original manufacturer container, that holds up to 64 fluid ounces of beer and is designed to be sealed on premises by the licensee for off-premises consumption.
INTENTIONALLY. Conduct engaged in by a person with the conscious objective to accomplish that result or engage in that conduct.
LEGAL GUARDIAN. Any foster parent, person appointed guardian or given custody of a minor by a circuit court of this state, or any person appointed guardian or given custody of a minor under the Illinois Juvenile Court Act, but a LEGAL GUARDIAN shall not include any person appointed guardian only to the estate of a minor.
LEGAL HOLIDAYS. New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas.
LICENSED PREMISES. The building in which the business of a licensee is conducted, together with any approved outdoor seating area for businesses licensed for sale of alcoholic liquor for consumption on the premises only, provided that a licensed premises shall not include any other outdoor area or portion of the lot on which such building is located, except that pursuant to any Class C license for a temporary event, specific permission may be granted to sell alcoholic liquor in an outdoor area, subject to such conditions as the Commissioner may impose, and such area will then be considered to be part of the LICENSED PREMISES.
LICENSEE. Any person that has been granted a license for the sale of alcoholic liquor in the city.
LIMITED WINE MANUFACTURER. A wine manufacturer which uses only grapes, berries, other fruits, fruit products, honey and vegetables produced or grown in Illinois, except as follows: (i) during the first 36 months of operation after first being issued a license it may use as much as 100% imported products; (ii) during the following 24 months it may use as much as 80% imported products; and (iii) thereafter it may use as much as 60% imported products. The maximum allowances on use of imported products may be temporarily increased in any year in which there is a crop shortage or severe drought in such percentages as determined by the Director of the Department of Agriculture.
LIQUOR MANAGER. Any individual employed by any licensed premises for at least 35 hours per week, to act as the licensee's agent on the licensed premises for the purpose of receiving communications from the local liquor commissioner or the city and for the purpose of monitoring the sale of alcoholic liquor and assuring that the licensee, its employees and the licensed premises comply with all regulations set forth in this chapter.
MINOR. Any person not yet 21 years of age.
NEGLIGENTLY. Conduct engaged in by a person where such person fails to be aware of a substantial and unjustifiable risk that circumstances exist or that a result will follow which constitutes an offense under §§ 111.033 and 111.034 of this subchapter, and where such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in the situation.
OFFICER. A person elected by a corporation’s board of directors or by the manager of a limited liability company to manage the day-to-day operations of the corporation. The OFFICERS of a corporation are usually the president, executive vice-president, secretary, and treasurer/chief financial officer.
ORIGINAL PACKAGE. A bottle, flask, jug, can, cask, barrel, keg or other receptacle or container whatsoever, used, corked, or capped, sealed and labeled by the manufacturer of alcoholic liquor to contain and convey any alcoholic liquor.
PARENT. The father and mother of a minor child, whether by birth or adoption, or the person deemed the parent to have legal custody of a minor child. The term PARENT as used in this subchapter shall also be deemed to mean “legal guardian.”
PARTNER. Any individual who is a member of a partnership.
PARTNER, GENERAL. A partner with unlimited legal responsibility for the debts and liabilities of a partnership.
PARTNER, LIMITED. A partner who is responsible for the debts and liabilities of a partnership only to the extent of his or her investments, and is not liable for general partnership obligations.
PARTNERSHIP, GENERAL. A legal business entity featuring two or more general partners.
PARTNERSHIP, LIMITED. A legal business entity with one or more general partners and one or more limited partners.
PERSON. An individual, firm, corporation, partnership, trust, lessee or receiver.
RECKLESSLY. Conduct engaged in by a person in conscious disregard of a substantial and unjustifiable risk that circumstances exist or that a result will follow which constitutes an offense under §§ 111.033 and 111.034 of this subchapter and where such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
RESTAURANT. Any public place kept, used, maintained, advertised or 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, 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. 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 with the meaning of this definitions, 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. No premises which charges any kind of entrance fee or requires a minimum amount to be spent solely for the purchase of alcoholic liquor or other beverages shall be deemed to be a RESTAURANT hereunder.
SALE, RETAIL. Any transfer, exchange or barter, in any manner or by any means whatsoever, including all sales made by any person, whether an officer, liquor manager, or employee, for use or consumption and not for resale in any form, and including, but not limited to, all of the following acts when done for a consideration:
(1) The delivery of liquor, without additional charge, with a meal or with entertainment or the providing of samples of liquor as a part of promotion or sales device of any kind;
(2) The dispensing of liquor;
(3) The providing of mix, ice, water or glasses for the purposes of mixing drinks containing alcoholic liquor for consumption on the same premises;
(4) The pouring of liquor.
SHAREHOLDER. A person or entity that is the owner of shares in a corporation.
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 other substances.
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.
WINE MANUFACTURER. A person who is engaged in the manufacture of wine.
(Ord. 02-44, passed 11-26-02; Am. Ord. 07-43, passed 3-25-08; Am. Ord. 20-30, passed 8-11-20; Am. Ord. 20-41, passed 10-27-20)