For the purpose of this chapter, 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. It 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 or beer, and capable of being consumed by human beings. 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 or to any liquid or solid containing one-half of one percent or less of alcohol by volume.
(235 ILCS 5/1-3.05 and 235 ILCS 5/6-33)
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.
(235 ILCS 5/1-3.04)
CATERER RETAILER. A person who serves alcoholic liquor for consumption, either on-site or off-site, whether the location is licensed or unlicensed, as an incidental part of food service. Prepared meals and alcoholic liquor are sold at a package price agreed upon under contract.
(235 ILCS 5/1-3.34)
CLUB. A corporation organized under the laws of this state and not for pecuniary profit, solely for the promotion of some common object other than the sale or 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 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 Commissioner at the time of its application for a license under this chapter, 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 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 its members or guests introduced by members, beyond the amount of such salary as may be fixed and voted at the annual meeting by the members or by the board of directors or other governing body out of the general revenue of the club.
(235 ILCS 5/1-3.24)
CORPORATION. Any corporation, domestic or foreign, qualified to do business in the state under the Business Corporation Act of Illinois (Rule 100.10(b)).
DISTILLED SPIRITS. See SPIRITS.
EVENT. A single theme (Rules and Regulations 100.10(o)).
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 or dining room equipment and capacity.
(235 ILCS 5/1-3.25)
LOCAL COMMISSIONER. The Local Liquor Control Commissioner as provided in the ILCS Chapter 235, entitled “Dramshop” and all references to Liquor Commissioner shall refer to the Local Liquor Control Commissioner unless otherwise provided.
MANAGER or AGENT. Any individual employed by any licensed place of business, provided said individual possess the same qualifications required of the licensee. Satisfactory evidence of such employment will be furnished the Commission in the form and manner as such Commission shall from time to time prescribe (Rule 100.10(f)).
MANUFACTURER. Any person who is licensed by the Illinois Liquor Control Commission as a manufacturer (as that term is defined under the Illinois Liquor Control Act, 235 ILCS 5/1 et seq.) and more than 50% of revenue from the sale of liquor is from wine products manufactured on site.
MEAL. Food that is prepared and served on the licensed premises and excludes the serving of snacks (Rules and Regulations 100.10(n)).
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.
(235 ILCS 5/1-3.06)
PACKAGE LIQUOR STORE. Any public place where packaged liquor is offered for sale in the original, unopened container for consumption away from the premises.
PARTNER. Any individual who is a member of a co-partnership. CO-PARTNERSHIP means an association of two or more persons to carry on as co-owners of a business for profit (Rules and Regulations 100.10(d) and (e)).
PREMISES/PLACE OF BUSINESS. The place or location where alcoholic beverages are manufactured, stored, displayed, offered for sale or where drinks containing alcoholic beverages are mixed, concocted and served for consumption. Not included are sidewalks, street, parking areas and grounds adjacent to any such place or location (Rules and Regulations 100.10(g)).
PUBLIC PLACE. Any premises enclosed or unenclosed or partly enclosed and partly unenclosed wherein any service or goods, chattels or merchandise are offered for sale to the public or any such premises used as a clubhouse, club room or meeting place. The terms PUBLIC PLACE and PUBLIC PREMISES shall be interchangeable for the purposes of this chapter.
RESIDENT. Any person (other than a corporation) who has resided and maintained a bona fide residence in the state for at least one year and in the city, village and county in which the premises covered by the license are located for at least 90 days prior to making application for such license (Rule 100.10(a)).
RESTAURANT. Any public place kept, used, maintained, advertised and held out to the public as a place where meals are served, and where meals actually are served and regularly served, and where the sale of alcoholic liquor is an incidental part of the food service and in no case more than 40% of the gross revenues of the food and alcoholic liquor service, 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.
(235 ILCS 5/1-3.23)
RETAILER. A person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form, and where the sale of alcoholic liquor is an incidental part of the food service and in no case more than 40% of the gross revenues of the retailer’s sales.
(235 ILCS 5/1-3.17)
SALE. Any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee.
(235 ILCS 5/1-3.21)
SELL AT RETAIL and SALE OF RETAIL. Refers to any mean sales for use or consumption and not for resale in any form.
(235 ILCS 5/1-3.18)
SPECIAL EVENT. An event conducted by an educational, fraternal, political, civic, religious or non-profit organization.
(235 ILCS 5/1-3.30)
SPECIAL EVENTS RETAILER. An educational, fraternal, political, civic, religious or non-profit organization which sells or offers for sale beer or wine, or both, only for consumption at the location and on the dates designated by a special event retail license.
(235 ILCS 5/1-3.17.1)
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 liquor and such liquor when rectified, blended or otherwise mixed with alcohol or other substances.
(235 ILCS 5/1-3.02)
TO SELL. Includes to keep or expose for sale and to keep with intent to sell.
(235 ILCS 5/1-3.22)
VILLAGE. The Village of Rochester, Illinois, a municipal corporation.
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.
(235 ILCS 5/1-3.03)
(2009 Code, § 21-1-1) (Ord. 10-08, passed 10-12-2010)
Editor’s note:
All references to “Rules” refer to Illinois Liquor Control Commission Rules located in 11A Ill. Adm.
Code Chapter 1, Part 1, §§ 100.5 et seq.