As used in this subchapter, the following terms shall have the meanings respectively ascribed to them, unless the context clearly indicates that a different meaning is required:
"ALCOHOLIC LIQUOR." Has the meaning set forth in § 112.01.
"ALCOHOLIC LIQUOR FACILITY." Those premises from which any person has been issued a license to sell alcoholic liquor at retail that permits the consumption of such alcoholic liquor upon such premises.
"PERSON." Any natural person, firm, corporation, company, representative or entity of any kind without limitation. When used in reference to any corporation, firm, company or entity, the same shall also include and refer to the officers, members, managers or others responsible for or capable of causing the same to act or to fail to act in relation to any of the provisions of this subchapter.
"PREPARED FOOD." Any and all foods, beverages (including alcoholic liquor), solids, liquids (whether or not such liquids are or contain alcoholic liquor) or other matter regardless of the physical form in which the same exists, used or intended to be used, for human consumption and the nourishment of the human body, where the same has been prepared for immediate consumption, whether on or off the premises of the retailer. The term shall exclude the following:
(1) Any item sold within a hermetically sealed container, provided however that the foregoing exclusion shall not apply to any alcoholic liquors in the manufacturer's package and all such packaged liquors shall be deemed to be prepared food as defined within this section for all relevant purposes under this chapter;
(2) Any item reasonably expected to require cooking or other processing prior to consumption;
(3) Any items prepared for immediate consumption upon the premises of any not for profit entity recognized as tax exempt by the Internal Revenue Service, any public or private school, any day care facility, any nursing home, retirement home or other similar residential care facility, or any hospital; or
(4) Any items purchased from a vending machine for which a valid village license is in full force and effect.
"PREPARED FOOD RETAILER." Any person who offers prepared food for sale for use or consumption and not for resale, and specifically shall include, without limitation, the licensee of an alcoholic liquor facility.
"RETAIL." Denotes any sale for use or consumption and not for resale, inclusive of all types of transfers and exchanges, whether for money, credit, barter or other consideration.
(Ord. 09-0783, passed 9-16-09; Am. Ord. 09-0795, passed 11-18-09)