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, but not including 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 per cent or less of alcohol by volume.
AUTOMATIC AMUSEMENT DEVICE. Any amusement device that, upon insertion of cash, electronic cards or vouchers or any combination thereof, is available to play or simulate the play of a game of chance or video game, or any table game which devices are defined as follows:
(1) COIN-IN-SLOT- OPERATED AMUSEMENT DEVICE. A machine or other device activated upon the insertion of cash, electronic cards or vouchers or any combination thereof for self- service use to deliver to the player or operator thereof no money or property or right to receive money or property but only the right of operation or play; which machine or other device shall include but not be limited to pinball machines, shuffleboards, bowling machines, and any photo-electric or electronic amusement device, which in its operation shoots or propels an electric light, ray or impulse to a target, but which machine or other device shall not include coin-operated phonograph or merchandise vending machines.
(2) TABLE GAME. Any device, whether controlled by skill or chance, for the operation of a game, pastime, or contest by the manipulation of a marble, sphere, or of objects or figures, or by controlling the movement of same or by setting same in motion by electrical, electronic, and/or mechanical means, which (for the purpose of construing the terms within this chapter) device shall not include any of the following:
(a) BAGATELLE TABLE. A table having nine holes for the playing of a game somewhat like pocket billiards, played with cues but with nine balls.
(b) BILLIARDS. A game played upon a billiard table having no holes, played with cues and with three balls.
(c) BUMPER POOL. A game played up on a billiard table having one hole at each end and bumpers in the center, played with cues, somewhat like pocket billiards but with 11 balls.
(d) POOL or POCKET BILLIARDS. Any number of variations of a game played upon a billiard table having six holes, one in each corner and one hole at the center of both of the longer sides of such table, or pockets, played with cues and one through 15 balls.
(3) GAME OF CHANCE AMUSEMENT DEVICE. A machine or other device activated upon the insertion of cash, electronic cards or vouchers or any combination thereof-for self-service use, which by application of the element of chance, may deliver or entitle the person playing or operating the device to receive cash, premiums, merchandise or tokens; this definition shall include, but not be limited to, machines or devices that offer games of skill or chance where money or other things of value can be won but no payment or purchase is required to participate. This definition shall not include video gaming terminals licensed by the Illinois Gaming Board.
BAR. A barrier or counter at and over which alcoholic liquors and sometimes food are passed or served.
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.
BOWLING ALLEY. A building or structure housing at least one lane for rolling composition balls at ten pins and wherein the commencement of play upon such alley is not prompted by the insertion of a coin.
CARRY-OUT RESTAURANT. See SELF-SERVICE.
CATERER. A person, firm, or corporation whose work is providing food and service for a banquet or dinner, the recipients of such food or service being persons specially invited to such banquet or dinner, rather than the general public.
CATERING ESTABLISHMENT. Premises utilized by a caterer for private banquets or dinners, which premises may be utilized as a restaurant within the meaning of this chapter.
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 and 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 and kind of employees for cooking, preparing and serving food and meals for its members and guests, provided that such club files with the Local Liquor 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 his name and address, and 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 and that no member or any officer, agent, or employee of the club is paid, or directly 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 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.
CONVENTIONAL GAMBLING. Any and all gambling, including but not limited to cards, table games and sports betting; however, “video gaming” as defined by the Video Gaming Act ILCS Ch. 230, Act 40, §§ 1 et seq. and this code shall not be included in this definition.
DISTRIBUTOR. Any person, other than a manufacturer of alcoholic liquor licensed as such by the state, who is engaged in the purchasing, storing, possessing, or warehousing of any alcoholic liquors for resale or reselling at wholesale, whether within or without the Village.
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 building where the food is so prepared. It shall not be construed to include RESTAURANT.
GENERAL PUBLIC. The whole body politic, including the people of the neighborhood, the Village, the state, the United States of America, and/or such people at large whoever shall travel through the Village.
GROCERY STORE. A store operated by a dealer in staple foodstuffs and other such commodities including but not limited to meats, produce, dairy products, and other such household supplies.
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 sleeping accommodations and one or more public dining rooms where meals are served to such guests and others, 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.
LICENSE or LIQUOR LICENSE. That specific grant of a specific privilege authorizing a licensee to sell or offer for sale alcoholic liquor at retail within
the corporate limits of the Village only in the manner set forth in the wording of the license classification itself as well as in compliance with the rules and regulations set forth in this chapter.
LICENSED PREMISES. The place or location where alcoholic liquor and/or alcoholic beverages are stored, displayed, offered for sale, or given away or where drinks containing alcoholic liquor are mixed and served for consumption, all pursuant to a license issued in accord with this chapter. This place includes contiguous grounds and corridors or other floor area of the inside of a building under the ownership and/or sole control of the licensee but excludes sidewalks, parking areas, streets, and grounds adjacent to such place as well as other areas of the building to which the general public has access and which sidewalks, parking areas, streets, and grounds adjacent to such place as well as other areas of the building are not under the sole and exclusive control of such licensee.
LICENSEE. Any person, firm, or corporation holding a license under the provisions of this chapter.
LIVE MUSIC. That music produced by one or more human beings as distinguished from mechanical reproduction and played in an establishment under a special use permit issued by the President and Board of Trustees of the Village.
LOCAL LIQUOR COMMISSION or LOCAL LIQUOR CONTROL COMMISSION. The office of the Village President assisted by the Corporation Counsel and the Village Clerk, as well as such other person or persons the Village President may appoint to aid him in the exercise of the powers and the performance of the duties herein provided for the Local Liquor Control Commissioner.
LOCAL LIQUOR COMMISSIONER or LOCAL LIQUOR CONTROL COMMISSIONER. The Village President.
LOUNGE. Any public place kept, maintained, used, advertised and held out to the public as a place where alcoholic liquor is offered for sale at retail for consumption only on the premises, and said term includes therein cocktail lounge, night club, bars, and taverns. A lounge may be maintained and operated as a separate, independent establishment or it may be included within and be an accessory part of another establishment, such as a restaurant, hotel or bowling alley, primarily engaged in a business or occupation other than that of the sale and consumption of alcoholic liquor.
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.
MANAGER. An overseer or director of the liquor business of a licensee.
MOTEL. Every building or other structure, kept, used, maintained, advertised and held out to the public to be a place where 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 sleeping accommodations.
PHYSICAL EDUCATION ASSOCIATION. An organization which promotes gymnastics and physical education in general, in a social and cultural environment with a goal to attaining a sound mind and a sound body, and is exempt from Federal income tax under Section 501(c)(7) of the United States Internal Revenue Code of 1954, as amended.
RESTAURANT. Any public place kept, used, maintained, advertised and held out to the public as a place where meals consisting of lunches and/or full- course dinners are actually and regularly served to the general public, without sleeping accommodations, such space being provided with adequate and sanitary kitchen and dining room equipment and an indoor seating capacity of not less than 30 people and having employed therein a sufficient number and kind of employees to prepare, cook, and serve suitable food for its guests. RESTAURANT shall not be construed to include DRIVE-IN RESTAURANT, or SELF-SERVICE or CARRY-OUT RESTAURANT.
RETAILER or RETAIL LIQUOR ESTABLISH-MENT. Any person, firm, or corporation, who sells or offers for sale, alcoholic liquor for use or consumption and not for resale in any form.
SALE. Any transfer, exchange or barter 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, and includes and means all sales made by any person, whether a principal, proprietor, agent, servant or employee.
SALE AT RETAIL, SELL AT RETAIL, or RETAIL SALE. Sales for use or consumption and not for resale in any form.
SALE OF PACKAGE LIQUOR. The sale of alcoholic liquor in the original package.
SELF-SERVICE, CARRY-OUT, or CARRY-OUT RESTAURANT. Any place kept, used, maintained, advertised and held out to the public as a place where foods are served either manually (when a coin or coins are dropped in a slot) or personally served by the customer himself and which place offers such food service with or without interior facilities for eating such food. SELF-SERVICE or CARRY-OUT RESTAURANT shall not be construed to include RESTAURANT.
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.
STATE COMMISSION. The Illinois Liquor Control Commission.
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.
WINE TASTING. The sampling of wine products for consumption at a licensed retail location pursuant to paragraph (B)(1) of § 110.62.
(Ord. 93-1834, passed 6-22-93; Am. Ord. 05-2509, passed 2-22-05; Am. Ord. 06-2592, passed 8-22-06; Am. Ord. 07-2635, passed 5-22-07; Am. Ord. 16-3065, passed 9-1-16; Am. Ord. 18-4042, passed 1-4-18; Am. Ord. 18-4100, passed 10-18-18)