This chapter shall be liberally construed, to the end that the health, safety and welfare of the people of the village shall be protected and temperance in the consumption of alcoholic liquors shall be fostered or promoted by sound and careful control. The following words and phrases shall have the meanings ascribed to them in this section:
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 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 one-half of one percent (0.5%) or less of alcohol by volume.
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.
CLUB: A patriotic or veterans society organized under the laws of the United States or the state of Illinois; or a corporation organized under the laws of the United States or the state of Illinois but 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 for 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 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 names and residences of its members and similarly files, within ten (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 which:
A. Is affiliated with a national club or organization and/or clubs or organizations in all fifty (50) states; or
B. Maintains eating, golf and swimming facilities on club premises for the use of members and their guests; or
C. Was chartered as a not for profit corporation prior to December 3, 1933, and regularly and routinely restricts admittance to the premises to members of the club and their guests.
CONTINUOUS OPERATION: Operation of the licensed business for at least five (5) hours a day for a period of at least five (5) days a week.
DISTRIBUTOR: Any person, other than a manufacturer, who is engaged in the village in purchasing, storing, possessing or warehousing any alcoholic liquors for resale.
HIM OR HE: Unless specifically required by the context of the language, shall also refer to her or she. Further, the reference to he, him, her or she shall, unless specifically required by the context of the language, include a corporation, partnership, limited liability company or other applicable entity.
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 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.
ILLINOIS LIQUOR CONTROL ACT: An act passed by the 58th Illinois general assembly previously entitled "an act relating to alcoholic liquors, approved January 31, 1934", as amended, see 235 Illinois Compiled Statutes 5/1-1.
ILLINOIS LIQUOR CONTROL COMMISSION; STATE COMMISSION: The commission created by article III, section 1 of the Illinois liquor act 1 .
INTOXICATING LIQUORS: See definition of Alcoholic Liquor.
LICENSED PREMISES: The premises described in the application for the license or in the license as the place where the business is to be conducted.
LICENSEES: All persons who are owners or are in control of any place where the sale or distribution of alcoholic liquor is carried on, whether they be individuals, partners, corporations, joint stock companies, fiduciaries or officers, directors, stockholders or employees, managers or bartenders.
MANAGER: A person employed by a licensee for the purpose of overseeing the operation of a licensed business and exercising discretionary authority on behalf of the licensee during the hours that the manager is on duty.
MINOR: Any person under twenty one (21) years of age.
ORIGINAL PACKAGE: A bottle, flask, jug, can, 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.
PACKAGE SALES: The sale or offering for sale at retail of alcoholic liquor, in the original package, and not to be consumed or in fact consumed in whole or in part on the premises where sold.
RENTAL HALL BUSINESS: A business organized in such a way that it provides a place available for rental by members of the general public. The building housing the business must be designed to accommodate a minimum of two hundred fifty (250) persons safely. Such a business is typified by wedding celebrations, parties or dances by private clubs or individuals. In this type of business, the lessor/licensee is paid a fee by the lessee for the use of the hall and for providing alcoholic liquor.
RESTAURANT: Any public place having regular menus which is 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, such space being provided with adequate and separate 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. In addition, any business claiming to be a restaurant must document, upon demand, that fifty percent (50%) or more of its gross receipts is derived from the sale of food as distinguished from alcoholic liquor.
RETAIL ESTABLISHMENT WHERE THE SALE OF ALCOHOLIC LIQUOR IS NOT THE PRINCIPAL BUSINESS: Any establishment holding a license for the sale of alcoholic liquor wherein more than fifty percent (50%) of its gross sales or revenues for any calendar month in the preceding twelve (12) months is for items or services other than alcoholic liquors.
RETAILER: A person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form.
SALE: A transfer, exchange or barter in any manner or by any means whatsoever, for a consideration, and includes all sales made by a person, whether principal proprietor, agent, servant or employee.
SELL AT RETAIL; SALE AT RETAIL: Sales for use or consumption and not for resale in any form.
SPECIAL THEATER SITE: A theater, sports complex, or racetrack that has at least one thousand (1,000) permanent seats.
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.
TO SELL: To solicit or receive an order for, to keep or expose for sale and to keep with intent to sell.
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. 774, 12-4-2000; amd. 2012 Code)
Notes
| 1 | 1. 235 ILCS 5/3-1 et seq. |