Unless the context otherwise requires, the following terms, as used in this chapter, shall be construed according to the definitions given below. In addition, any reference to "liquor commission" shall mean the local liquor control commission, and any reference to "commissioner" shall mean the local liquor control commissioner.
ADULT BUSINESS: Any business which:
A. Offers any service, product or other item or thing whatsoever, including, but not limited to, books, movies, software or magazines, for sale (as defined herein) on its premises, which service, product or other item is restricted to only being offered for sale to persons above the age of eighteen (18) years (excluding alcohol and tobacco products);
B. Features topless dancers, strippers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows;
C. Features or permits entertainers, employees or customers who display less than completely and opaquely covered human genitals, pubic region, buttock, female breasts (with any portion of the areola visible), or male genitals in a discernibly turgid state, even if completely and opaquely covered; or
D. Features entertainers or permits employees, customers or occupants to, by reason of their appearance or conduct, perform in a manner which is designed primarily to appeal to the prurient interest of the patron, or features entertainers/employees/customers who engage in actual or explicit simulation of sexual stimulation or arousal, sexual acts, sexual intercourse, bestiality, oral copulation or sodomy, touching/fondling/caressing/exotic touching of human genitals, buttock or female breasts, display of breasts, buttock, pubic hair, anus, vulva or genitals, or who display pictures/movies/other displays of any of the foregoing.
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 does not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR: Includes alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol, spirits, wine and beer, and capable of being consumed as a beverage by a human being.
APPLICANT: The person or persons filing an application for an alcoholic liquor license, and in the case of a partnership or corporation or other business entity, it includes all of the partners, officers and/or directors of the business entity.
BED AND BREAKFAST: A business lawfully operated out of a residential structure with not fewer than one nor more than five (5) rooms available to the public for short term (not shorter than 24 hours nor longer than 2 weeks at a time) rent, where one or more meals are actually offered for service to any guests as a component of their room rental rate.
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.
BEER GARDEN: An open outdoor area, with or without a roof, where alcoholic beverages are served and/or consumed.
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 village president, at the time of its application for a license under this chapter, two (2) copies of a list of the names and addresses of its members; and provided further, that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members.
DRUG PARAPHERNALIA: Any item which is:
A. Identified under applicable municipal code or Illinois law as drug paraphernalia;
B. Converted for use as a tool or instrument to enable the use, consumption or smoking of any controlled or unlawful substance; or
C. Any inflammable pipe, tubing, appliance, instrument or combination thereof which is designed for and may be used to smoke any substance, whether directly or by drawing the same through a container of water or other liquid, including, but not limited to, items commonly referred to as "bongs", "hitters", or "hookahs", but excluding:
1. Any device which is permanently connected to a lawful tobacco product (e.g., filtered cigarette or "tip" cigar); or
2. Pipes not longer than seven inches (7") in overall length, with a single ninety degree (90°) bend, comprised of an area to insert tobacco for smoking, and a cylindrical tube extending therefrom for the purpose of inhaling said smoke.
EMPLOYEE: Any person or persons who tend any bar or draw, pour or mix any alcoholic liquor while working for any retail alcoholic liquor licensee. The term employee or employees shall include any independent contractor.
GENERAL SERVICE BAR: A bar at which patrons may sit in order to purchase, accept, drink or receive alcoholic liquor.
GIFT BASKET: An assembly of various gourmet food products and specialty items in their original manufacturer's packaging contained in a basket, box or decorative container, wholly wrapped with transparent cellophane wrapping and sold together as one unit.
GOLF COURSE: A recreational area, with or without clubhouse facilities, primarily for the use by members and their guests or the general public, as the case may be, engaging in a form of recreation commonly known as golf.
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 twenty five (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.
INTERIOR RETAIL FLOOR SPACE: That portion of a store which is completely enclosed and accessible to the public, at which items are offered for sale, including floor space, flooring under shelving used to offer items for sale, cooler/refrigerator areas that are accessible to the public (i.e., that portion which may be accessed by reaching through a door/opening available to the public, and not that portion which is used for storage or is only accessible to employees), or other similar areas, and excluding restrooms, storage areas or other areas not normally accessible to the public, checkout counters and related checkout or queue areas.
LICENSEE: Any person, firm, corporation, partnership or club holding an alcoholic liquor license under the provisions of this chapter.
LIVE ENTERTAINMENT: Performance, act or display of musicians, singers, magic acts, clowns, dancers or comedians that does not include sexually suggestive acts or routines.
MICROBREWERY: Any place or establishment that engages in the production, manufacturing, or brewing of beer on the premises by means of adequate and sanitary equipment designed and maintained to facilitate the brewing process and that dispenses that beer produced on the premises (and/or other alcohol) for consumption on the premises and/or packaged for retail sale (other than private brewing solely for personal consumption of a quantity permitted under Illinois law without a liquor license).
MINOR: Any person under twenty one (21) years of age.
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.
PEDDLING: The selling, bartering or exchanging, or the offering for sale, barter or exchange, of any tangible personal property upon or along the streets, highways, or public places of the village or from house to house, whether at one place or from place to place, from any wagon, truck, pushcart, or other vehicle or from movable receptacles of any kind.
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.
RESTRICTED SERVICE BAR: A permanent or portable bar which contains alcoholic liquor, mixes and related paraphernalia which are used in the preparation of alcoholic drinks but does not and shall not have seats or stools or other places for persons to sit while drinking an alcoholic beverage. A restricted service bar is solely to be used for the preparation and disbursement of drinks at the food service tables or other locations away from the bar.
RETAILER: A person who sells, or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
SALE OR SELL: Any transfer, exchange, barter or give away 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, or the distribution of alcohol as a promotional item or incentive, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
SELL AT RETAIL AND SALE AT RETAIL: Refer to and mean sales for use or consumption (whether on premises or off premises) and not for resale in any form.
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.
VILLAGE: The village of Pingree Grove, Kane County, Illinois.
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 defined in this section. (Ord. 2009-34, 10-5-2009)