Unless the context otherwise requires, the words and phrases herein defined are used in this chapter in the sense given them in the following definitions:
ALCOHOL: The product distillation of any fermented liquid whether rectified or diluted, whatever may be the origin thereof, and includes ethyl alcohol. It does not include denatured alcohol or wood alcohol.
ALCOHOLIC LIQUOR AND ALCOHOLIC BEVERAGES: Includes alcohol, spirits, wine, beer, ale and every other liquid or solid containing more than one-half (1/2) of one percent (1%) of alcohol by volume which is capable of being consumed as a beverage by human beings.
APPLICANT: Includes any natural person or business entity which requests a license hereunder and any natural person or business entity which owns more than five percent (5%) of any business entity which requests such license.
BAR: A counter over and upon which alcoholic drinks are prepared from the area where consumers of alcoholic beverages sit or stand to receive and/or consume such beverages.
BEER: Any 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: An organization, association, corporation or other entity organized under the laws of this state, not for pecuniary profit, solely for the promotion of some common object other than the sale and 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 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 of 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 of the members or by its board of directors or other governing body out of the general revenue of the club.
GIFT BASKET: A decorative gift container which may be constructed of wood, metal, plastic, woven rope, decorative paper or plastic bag or such similar material the purpose of which is to hold the gift bottle arrangement.
HOTEL OR MOTEL: 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 the traveler and guests, whether transient, permanent or residential, in which twenty five (25) or more rooms are used for the sleeping accommodations and including rooms being conducted in the same building or buildings, structure or structures being provided with adequate and sanitary kitchen and dining room equipment and capacity.
LICENSED PREMISES: The building, portion of the building, place or location described in a local liquor license/permit where alcoholic liquor may be stored, displayed, consumed, or offered for sale by the licensee, pursuant to the terms of their license/permit. Not included in this definition are sidewalks, streets, parking areas and grounds adjacent to any such building, place or location unless approved as a Class G or L License.
LICENSEE: Any person, firm, corporation, partnership or club holding a license under the provisions of this chapter.
LIVE ENTERTAINMENT: A performance of music, vaudeville, acting, singing, dancing, including dancing contests, playing an instrument, disc jockey, and/or offering karaoke or otherwise performing in person, whether the same be for compensation or not. Live entertainment does not include playing prerecorded music through a jukebox, radio, satellite or digital reception, or television programming.
LOCAL LIQUOR CONTROL COMMISSIONER: An office held by the village president. As used in this chapter, reference to the liquor control commissioner includes any person who may be appointed by the village president to serve as a designated agent of the liquor control commissioner.
OUTING: A temporary event at which alcoholic liquor is sold or offered for sale for consumption only on the dates and only at the location designated on the special event retail liquor license.
RESTAURANT: Any public place kept, used, maintained, advertised and held out to the public primarily as a place where meals are served, where meals are served as the primary business purpose, where there are no sleeping accommodations, where there is adequate and sanitary kitchen and dining room space and equipment, where dining capacity equals at least three-fourths (3/4) of the square footage of floor space accessible to the general public, where there are a sufficient number of employees to prepare, cook and serve suitable meals to its guests, and where the sale of alcoholic liquor is incidental to the sale of meals for consumption on the premises.
SELL AT RETAIL AND SALE AT RETAIL: Refer to sales for use and consumption and not for resale in any form.
SELL/SALE: Any transfer, exchange or barter in any manner or by any means whatsoever for a consideration and includes all sales made by any person whether principal, proprietor, agent, servant or employee.
SERVICE BAR: A counter over and upon which any alcoholic liquor is served separating the area within which alcoholic liquor drinks are prepared from the area where a waitress or other employee of the dramshop receives said alcoholic liquor for delivery to customers seated at tables or elsewhere within the dramshop.
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: Includes a sale, to solicit or receive an order for or 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 the Illinois liquor control act of 1934 1 (the "liquor control act"). (Ord. 09-1561, 11-24-2009, eff. 1-1-2010; Ord. 19-1444, - - 2019)
Notes
| 1 | 1. 235 ILCS 5/1-3.01 et seq. |