(A) For the purpose of this subchapter, 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. The term ALCOHOL does not include 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. For this purpose of this chapter, ALCOHOL LIQUOR, ALCOHOLIC BEVERAGE and LIQUOR shall have the same meaning.
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.
CITY. The City of Oak Forest, Illinois.
CONSUMPTION SALES. The sale or offering for sale, at retail, of any alcoholic liquor for consumption on the premises where sold.
CONVENIENCE BUSINESS. A business whose primary purpose is for the sale of items other than liquor whose sales of liquor do not exceed 25% of the gross sales of the business.
HOTEL. Every building or other structure that is kept, used, maintained, advertised and held out to the public to be a place where food is actually served and consumed and where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which rooms are used for sleeping accommodations and for dining conducted in the same building or buildings in connection therewith. The building or structure shall be provided with adequate and sanitary kitchen and dining room equipment and capacity.
LICENSEE. A representative of the liquor license holder to include every officer, shareholder, associate, member, manager, agent, representative and employee of the licensee.
LIQUOR STORE. A business whose primary purpose is for the package sale of liquor.
LOCAL LIQUOR CONTROL COMMISSIONER. The Mayor of the city.
ORIGINAL PACKAGE. Any bottle, flask, jug, can, cask, barrel, keg, hogshead or other receptacle or container whatsoever that is used, corked, capped, sealed and labeled by the manufacturer of liquor to contain and to convey any liquor.
PACKAGED SALES. The sale or offering for sale at retail of liquor in the original package, which alcoholic liquor is not to be consumed, in whole or in part, on the premises where sold.
PERSON. A natural human being, or any applicant or licensee hereunder even if such applicant or licensee is a group of persons, a partnership, co-partnership, limited liability company or a corporation unless the context of its use clearly indicates it is limited to a natural human being.
RESTAURANT. Any public place that 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, without sleeping accommodations, the 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 and derives at least 60% of its gross receipts from the sale of food.
RESTAURANT, FULL SERVICE. A business which sells food prepared indoors on the premises with a full menu and provides an indoor seating area of at least 250 square feet. Such businesses may provide for the sale of alcoholic beverages as an accessory and secondary use. Operating criteria to define a full service food establishment include most or all of the following: served by staff to seated customers and where payment is made at the end of the meal; presence of a full commercial kitchen and
commercial dishwasher. The business shall be equipped with restrooms in accordance with all applicable city, state. and federal building codes as defined in Title XV Chapter 151.001 of the City Code.
RETAILER. A person, a group of persons, a partnership or a corporation who or which sells, or offers for sale, liquor for use of consumption and not for resale in any form.
SALE. Any transfer, exchange or barter in any manner, or by any means whatsoever, including the transfer of liquors by and through the transfer or negotiation of warehouse receipts or certificates, for a consideration, and includes and means all sales made by any person, whether a principal, proprietor, agent, servant or employee, and further includes dispensing, pouring, mixing or otherwise serving liquors.
SELL OR SALE AT RETAIL, SELL AT RETAIL, and SALE AT RETAIL. A sale for refer to and mean sales for use or consumption and not for resale in any form.
SERVICE OF FOOD. The service of meals, for consumption only on the premises, in an adequate and sanitary kitchen as defined in any appropriate health or food service ordinance of the city. The meals must consist of more than the service or sale of packaged foods, such as potato chips, pretzels, peanuts, cheese and crackers, or frozen or pre-made foods, such as pizzas, hamburgers or sandwiches, which can be prepared by being heated or warmed in an oven. Further, the meals must be actually and regularly served and eaten at tables and not only at a bar or counter.
SPECIAL EVENT. An event conducted by an educational, fraternal, political, civic, religious or non-profit organization.
SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with water or other substances in solution and includes brandy, rum, whiskey, gin, vodka or other spirituous liquids, and such liquors where rectified, blended or otherwise mixed with alcohol or other substances.
TAVERN. An establishment where alcoholic beverages are sold do be consumed on the premises whose sales of liquor exceed 70% of the gross sales of the business.
TO SELL. Includes keeping or exposing for sale and to keep with intent to sell.
VIDEO GAMING. The installation and operation of any video gaming terminals or any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, as authorized by the Illinois Gaming Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. (ILCS Ch. 230, Act 40, § 5). VIDEO GAMING shall only be authorized within the city based upon the issuance of a valid license hereunder.
WINE. Any alcoholic beverage obtained by fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol or spirits, as defined in this section.
(B) Any term not defined above but defined in ILCS Ch. 235, Act 5, §§ 1-3 et seq. and used in this chapter shall be deemed to have the same definition as contained in ILCS Ch. 235, Act 5, §§ 1-3 et seq. unless the context clearly indicates otherwise.
(2000 Code, § 5.08.010) (Am. Ord. 2014-03-0488O, passed 3-25-2014; Am. Ord. 2016-08-0616O, passed 9-13-2016; Am. Ord. 2021-10-0870O, passed 10-26-2021)