For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGES OR LIQUOR.
(1) Any spirits, wine, beer, ale or other liquid intended as a beverage and containing more than one-half of one (0.5) percent of alcohol by volume.
(2) Any beverage containing any scientifically detectable trace of alcohol and 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 and, except for the reduced alcohol content, is marketed as being similar to beer or wine.
BANQUET HALL. A business or facility the whole or part of which is rented, and food and beverage are offered, to persons attending an organized function such as a banquet, wedding or other single-day event and where no other portion of the premises is used for any other purpose defined herein.
BAR. A barrier or counter, at and over which alcoholic liquors and sometimes food are passed or served.
BARTENDER. An individual, at least 21 years of age, who draws, pours, and mixes any alcoholic liquor as a primary part of the performance of their duties for a liquor licensee.
BEER. A beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, malt or hops, in water. This shall include beer, light beer, ale, stout, lager beer, porter and other similar brews.
CATERER. A person who for compensation provides food and service for a banquet, dinner or other special occasion and where the recipients of the food or service are specifically invited to each particular event.
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 its affairs and management are conducted by a Board of Directors, Executive Committee, or similar body chosen by the members at their annual meeting. No member or any officer, agent, or employee of the club shall be paid, or directly or indirectly receive, 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.
CONTROL OF PREMISES. The legal or beneficial ownership, rental, lease or holding of a license shall constitute control of property. Control may also exist where none of the aforesaid legal relationships apply, but where an adult is otherwise in charge of or charged with controlling a particular premises.
DELIVERY OF ALCOHOLIC LIQUOR. The sale, giving or exchange of an alcoholic liquor from one person to another. Delivery is meant to include the provisions of any alcoholic beverage by whatever means to one person from another.
DRIVE-IN RESTAURANT. A food service establishment with or without interior facilities for eating, which caters to and permits the consumption of food either in customer's automobile parking on the premises or in any other designated area on the premises outside the establishment where the food is so prepared. DRIVE-IN RESTAURANT shall not be construed to include "restaurant."
ENTERTAINMENT. Any playing of pre-recorded music or voices or any live act or live performance whether or not using sound amplification.
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.
FIGHTING. Any threatening or touching of another person which provokes or tends to provoke a breach of the peace.
GENERAL PUBLIC. The whole body politic including the people of the neighborhood, the village, the State of Illinois, the United States of America, and/or persons at large traveling through the village, as different from the designation of a particular person or group of persons.
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 eight or more rooms are used for the sleeping accommodations of 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.
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.
LICENSE or LIQUOR LICENSE. That specific grant of the privilege and authority to a licensee to sell or offer for sale alcoholic liquor at retail in the manner set forth in the text of the particular license classification.
LICENSEE. Any person who by issuance of a license has been given the right or privilege by the local liquor control commissioner to engage in the retail sale of alcoholic liquor in the village. This shall include the holder of a Peotone license or any officer, principal, employee or agent of the license holder.
LOCAL LIQUOR COMMISSION. The Village President as assisted by the appropriate legal counsel, and such others as he/she may appoint, shall serve as the Local Liquor Control Commissioner.
LOCAL LIQUOR CONTROL COMMISSIONER. The Mayor or President of the Board of Trustees of the village acting ex-officio.
LOUNGE. That portion of a licensed premises that is kept, used, maintained, advertised and held out to the public as a place where alcoholic liquor is offered for retail sale for consumption on the premises only and not necessarily in conjunction with the full service of meals. This definition may also include the term cocktail lounges, bars and sportbars.
MAINTENANCE OF ORDER STANDARD. That standard by which it shall be determined whether a licensee has maintained order on the licensed premises. Adherence to this standard shall be a duty of the licensee and shall generally be stated as the establishment and maintenance of the optimum precautions and actions that are practical for deterring and preventing fighting as defined in this chapter.
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.
PARENT. A natural or adoptive parent or a court-designated guardian.
PERSON. An individual, proprietorship, partnership, corporation, association, limited liability company, or other legal entity of any kind.
PRIVATE CLUB. A not-for-profit corporation supported by the dues of its members and organized solely for the promotion of some common objective other than the sale or consumption of alcoholic liquors.
RESTAURANT. Any public place, without sleeping accommodations, maintained, and held out to the public as a place primarily devoted to full-service, sit-down dining, including dinner and/or luncheon menus at which the service of alcoholic liquor is incidental and complementary to the service of such meals. Limited food service, as typically provided by drive-in restaurants, luncheonettes, diners, coffee shops, fast food operations, and similar uses, does not satisfy the requirements of this definition.
RETAIL SALE. The sale or delivery of an alcoholic beverage to the consumer, private club member, or general public as differentiated from the sale or delivery for legal resale.
SELLER OF ALCOHOLIC BEVERAGE. An individual, at least 21 years of age, who sells or delivers any alcoholic beverage, whether from a bar, restaurant or any retail licensee.
SPIRITS. Any beverage which contains alcohol obtained by distillation, mixed with water or other 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.
STATE LAW REFERENCES. Definitions relating to liquor control, ILCS Ch. 235, Act 5, § 1-3; local liquor control commissioner, ILCS Ch. 235, Act 5, § 4-2.
SUPPER CLUB. Any public place kept, used, maintained, advertised and held out to the public as a place where patrons are served food and offered live entertainment.
UNDERAGE PERSON. Any person under 21 years of age.
VIDEO GAMING CAFE.
A specialized type of restaurant where a variety of light appetizers, sandwiches, wraps, salads and bakery products (collectively,
CAFE FARE
) are prepared on site or provided by a caterer, a restaurant or a bakery, and made available for retail sale and consumption by patrons during the hours that retail sale, service and consumption of alcoholic liquor is permitted, but whose business model focuses on providing video gaming for its customers. A video gaming cafe may, but does not have to, provide an on-site kitchen, but shall maintain, at a minimum, a refrigerator, coolers, microwave oven, heating lamps, and other food-related equipment necessary to offer and maintain fresh cafe fare during hours of operation. Convenience stores and gas stations do not qualify as video gaming cafes.
VICARIOUS LIABILITY. That liability which is implied as a matter of law even though the person may not have directly caused an injury to another person.
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.
(‘70 Code, § 9.1) (Am. Ord. 97-23, passed 9-15-97; Am. Ord. 07-39, passed 1-28-08; Am. Ord. 16-09, passed 1-23-17; Am. Ord. 21-20, passed 7-26-21; Am. Ord. 23-01, passed 1-9-23)