Section
Generally
114.01 Definitions
114.02 Liquor control commissioner; review by state commission
114.03 Compensation of liquor control commissioner and assistants
114.04 Powers of liquor control commissioner
114.05 Liquor commissioner's regulations
114.06 Peddling alcoholic liquor
License
114.10 Required
114.11 Application; contents
114.12 Persons ineligible for licenses
114.13 Drive-ins ineligible for license
114.14 Location restrictions
114.15 Classifications
114.16 Compliance with zoning ordinance
114.17 Restrictions on number, classification of licenses
114.18 Increasing number of licenses
114.19 Fees
114.20 Fee disposition
114.21 License list
114.22 Transfer of license
114.23 Renewal
114.24 Change of location
114.25 Revocation of licenses
Operation Regulations
114.30 Hours of sale regulated
114.31 Sales to minors
114.32 Sanitary requirements for premises
114.33 Visibility of interior
114.34 Employment of minors
114.35 Employment of diseased persons
114.36 Drunkenness, gambling prohibited
114.37 Noise, disturbance prohibited
114.38 Consumption of alcoholic beverages on public ways prohibited
114.39 Identification required
114.40 Furnishing false identification to minor prohibited
114.41 Misrepresentation of age
114.42 Possession by minors prohibited
114.43 Purchase by minors prohibited
114.44 False identification prohibited; exceptions to prohibiting sale to minors
114.99 Penalty
GENERALLY
For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
(A) 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.
(ILCS Ch. 235, Act 5, § 1-3.01)
(B) 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 produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing 1/2 of 1%, or less, of alcohol by volume. No tax provided for in ILCS Ch. 235, Act 5, § 8-1 shall apply to wine intended for use and used by any church or religious organization for sacramental purposes, provided that the wine shall be purchased from a licensed manufacturer or importing distributor under this chapter.
(ILCS Ch. 235, Act 5, § 1-3.05)
(C) 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.
(ILCS Ch. 235, Act 5, § 1-3.04)
(D) BOWLING ALLEY. Every establishment or building, or part of an establishment or building, as the case may be, wherein the game of bowling, played with composition balls and ten wooden pins, is played.
(ILCS Ch. 235, Act 5, § 1-3.26)
(E) 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 such club files with the local liquor control commissioner at the time of its application for a license under this chapter 2 copies of a list of names and residences of its members, and similarly files within 10 days of the election of any additional member his 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, 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.
(ILCS Ch. 235, Act 5, § 1-3.24)
(F) HOTEL. Every 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, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
(ILCS Ch. 625, Act 5, § 1-3.25)
(G) LICENSEE. An individual or corporation licensed by the city or the state to sell alcoholic beverages.
(Ord. 87-47, passed 11-17-87)
(H) 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 alcoholic liquor, to contain and to convey any alcoholic liquor.
(ILCS Ch. 625, Act 5, § 1-3.06)
(I) RESTAURANT. Any public place 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, 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.
(J) RETAILER. A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
(ILCS Ch. 235, Act 5, § 1-3.17)
(K) SALE. Any transfer, exchange, or barter in any manner, or by any means whatsoever, including the transfer of alcoholic liquors by and through the transfer or negotiation of warehouse receipts or certificates, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. Includes any transfer of alcoholic liquor from a foreign importer's license to an importing distributor's license even if both licenses are held by the same person.
(ILCS Ch. 625, Act 5, § 1-3.21)
(L) SELL AT RETAIL and SALE AT RETAIL. Sales for use or consumption and not for resale in any form.
(ILCS Ch. 235, Act 5, § 1-3.18)
(M) 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.
(ILCS Ch. 235, Act 5, § 1-3.02)
(N) STATE COMMISSION. The Illinois Liquor Control Commission.
(ILCS Ch. 235, Act 5, § 1-3.20)
(O) TO SELL. To keep or expose for sale and to keep with intent to sell.
(ILCS Ch. 235, Act 5, § 1-3.20)
(P) 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.
(ILCS Ch. 235, Act 5, § 1-3.03)
(A) The mayor or his or her designee, shall be the local liquor control commissioner and shall be charged with the administration in the city of the appropriate provisions of the state dram shop law, ILCS Ch. 235, Act 5, § 6-21, and of such ordinances and resolutions relating to alcoholic liquor as may be enacted.
(B) However, the mayor or his or her designee may appoint a person or persons to assist him in the exercise of the powers and the performance of the duties herein provided for the liquor control commissioner.
(ILCS Ch. 235, Act 5, § 4-2)
(C) In the event that a review is taken to the state commission of any orders entered by the local liquor control commissioner, that review shall be limited to a review of the official record of the proceedings of the liquor control commissioner.
(Res. R-14-86, passed 7-29-86)
The city council is authorized to fix and pay compensation to the local liquor control commissioner and compensation to such deputies, assistants, or employees as may be deemed necessary for the proper performance of the duties vested in him.
(ILCS Ch. 235, Act 5, § 4-3)
The liquor control commissioner has the following powers, functions and duties with respect to licenses, other than licenses to manufacturers, importing distributors, distributors, foreign importers, non-resident dealers, non-beverage users, brokers, railroads, airplanes and boats.
(A) To grant and or suspend for not more than 30 days or revoke for cause all local licenses issued to persons for premises within his jurisdiction;
(B) To enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of ILCS Ch. 235, Act 5, § 6-21 or any rules or regulations adopted by him or by the state commission have been or are being violated, and at such time to examine the premises of the licensee in connection therewith;
(C) To notify the Secretary of State where a club incorporated under the "General Not for Profit Corporation Act" or a foreign corporation functioning as a club in the city under a certificate of authority issued under that Act has violated this Act by selling or offering for sale at retail alcoholic liquors without a retailer's license;
(D) To receive complaint from any citizen within his jurisdiction that any of the provisions of ILCS Ch. 235, Act 5, § 621, or any rules or regulations adopted pursuant hereto, have been or are being violated and to act upon such complaints in the manner thereinafter provided;
(E) To receive local license fees and pay the same forthwith to the city treasurer;
(F) In municipalities of 500,000 or more persons, the liquor control commissioner shall also have the power to levy fines in accordance with ILCS Ch. 235, Act 5, § 7-5.
(ILCS Ch. 235, Act 5, § 4-4)
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