Unless the context otherwise requires, the following terms as used in this chapter shall be construed according to the definitions given below:
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: Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (1/2%) of alcohol by volume, which is fit for beverage purposes.
BANQUET HALL: A business conducted on premises at which the exclusive activity is the catering of private parties where there is service for consumption at tables of a full multiple course meal at a prearranged fixed unit price, or hors d'oeuvres, buffet or smorgasbord, and at which alcoholic liquor may be served or sold as an incident to such food services; provided that each of such private parties is prearranged under the sponsorship of a particular person or organization.
BAR: Any public place where alcoholic liquors are sold and the primary purpose of the establishment is for the consumption of such alcoholic beverages on the premises, and food service may or may not be included.
BEER: A beverage obtained by alcoholic fermentation of an infusion or concoction of barley or other grain, salt and hops in water. This definition includes, among other things, beer, ale, stout, lager beer, porter and the like.
BEER AND WINE ESTABLISHMENT: Any public place kept, used, maintained and advertised where beer and wine are sold for consumption off the premises only. The display of beer and wine shall be separated from other nonalcoholic beverages, food, or dry goods. Only persons who have attained the age of twenty one (21) years shall be permitted to sell beer and wine.
BOWLING ALLEY: An establishment or building or part of an establishment or building wherein the game of bowling, played with composition balls and ten (10) wooden pins, is played.
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 liquors. Such corporation shall own or lease a building or space in a building which shall be kept, used, and maintained by its members through the payment of annual dues. The owned or leased space shall have a suitable and adequate kitchen and dining room with equipment and accommodations approved by the City's Building and Zoning Department and the DeKalb County Health Department. At the time of the initial license application, and with each subsequent license renewal application, each club shall file with the Mayor two (2) copies of a list of names and addresses of its members and officers and shall also regularly update the names and addresses of its officers and new members within thirty (30) days of their appointment to membership or office. No member, officer, or employee of a club shall be paid directly or indirectly from the profits from the distribution or sale of alcoholic liquor, beyond the amount of salary that may be fixed from time to time by the Governing Body of the club out of the club's general revenue.
EVENT VENUE: A business conducted on premises in an event space and/or within the grounds of the business which may be used for private functions such as weddings, showers, banquets, and corporate events OR which may be used for events open to the public such as fundraisers, celebrations of life, classes, and shopping events, and for which alcoholic beverage may be consumed only on the premises, and only periodically in furtherance of and during such private or public events.
GOLF COURSE: Any eighteen (18) hole facility, public or private, that offers alcoholic beverages for sale to its patrons for consumption on premises only. Space for the consumption of alcoholic beverages shall be limited to an indoor lounge, restaurant, food court, an attached area for outside seating on the golf course itself, from beverage carts on the course itself, or at shelters on contiguous property owned by the governing authority of the golf course, provided that such is done ancillary to catered functions or special events. Any outside seating areas shall be adjunct to the food service business of the lounge, restaurant or food court and shall conform to the following provisions:
A. Shall be owned and operated by the governing authority of the golf course;
B. Shall be enclosed with a non-barricade type fence or railing or other barrier that allows viewing;
C. Access shall be limited through the licensed premises or monitored entrances that are controlled by employees during all hours when alcohol may be served;
D. Seating shall not be included to meet the required guest seating capacity for any license classification of this chapter;
E. Music may be played in the outdoor area, but may not exceed Noise Ordinance limits;
F. Except as otherwise provided below, hours of operation for golf course liquor service are restricted from twelve o'clock (12:00) noon until dusk. However, when the clubhouse facility is rented by written agreement for special occasions (such as wedding receptions, birthday parties, anniversary gatherings, etc.) that take place at the clubhouse and have no relation to golf events, the closing hour may be extended to ten o'clock (10:00) P.M. Sunday through Thursday and until twelve o'clock (12:00) midnight Friday and Saturday.
GROSS ANNUAL RECEIPTS: The total amount of money that an establishment derives through operation of its business from all sources during the period beginning January 1 and ending December 31 of each year. This amount shall include, but not be limited to, Net Income from Video Terminals and Machines, as well as all money generated from the sale of beverages (whether alcoholic or otherwise) and food, without subtracting any costs or expenses.
INTOXICATION OR INTOXICATED: As a result of drinking alcoholic liquor, there is an impairment of a person's mental or physical faculties so as to diminish the ability to think and act with ordinary care.
LICENSEE: Any person, firm, corporation, partnership or club holding a license under the provisions of this chapter.
LIVE ENTERTAINMENT: The playing of live music by a person or persons using string, brass, reed, woodwind, percussion, electronic, or digital instruments not to exceed a volume as provided for in the UDO, and performances by individuals and/or groups which may involve acting, singing, dancing, comedy, and/or the recital of poetry.
NET INCOME FROM VIDEO TERMINALS AND MACHINES: The total amount of money which customers pay into video gaming terminals (or any other vendor operated/owned machines) located on the premises, minus money paid out to players in credit for winnings from such machines.
PACKAGE GOODS: Any bottle, flask, jug, can, barrel, keg, hogshead, or other receptacle or container, whatsoever, that is corked, capped, sealed and labeled by the manufacturer of alcoholic liquor for the purpose of containing and conveying alcoholic liquor.
RESTAURANT: Any public place that is kept, used, maintained, advertised and held out to the public to be a place where meals are served, and are actually served, during regular hours, at least five (5) days per week. Restaurants that are licensed to serve liquor shall meet the following standards:
A. Such establishments shall not prepare or sell a substantial volume of food or beverages for consumption off premises. Fast food restaurants are prohibited from serving liquor;
B. Such establishments shall have a sanitary kitchen with a three (3) compartment sink, grease trap, hood suppression system, and other features as may be required by the City's Building and Zoning Department and the DeKalb County Health Department;
C. Such establishments shall have one or more fixed seating areas for dining where patrons are served by paid waitstaff. After the effective date hereof, the minimum occupancy for a new restaurant license issued to an establishment that has not heretofore been a licensed liquor establishment in the City of Sycamore shall be one hundred (100) persons if a bar with seats is included. The maximum floor area allowance per occupant shall be fifteen (15) net square feet. For smaller restaurants that do not have a bar with rail and stools, the minimum occupancy shall be twenty (20) persons.
D. Such establishments shall have a full kitchen, and kitchen and serving staff are in operation providing the restaurant's full menu to its guests during its regular hours.
SALE: Any transfer, exchange, or barter in any manner, or by any means whatsoever, and includes and means all sales made by any person, whether principal, proprietor, agent, servant, or employee.
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.
THEATER: A building used for the presentation of plays, films, or other dramatic performances.
VIDEO GAMING CAFES: An establishment with a State video gaming license where video gaming is the primary purpose of the business and the sale of alcoholic liquor or food is incidental to video gaming. Any restrictions elsewhere in this chapter regarding a gross annual receipt threshold or percentage of space dedicated to video gaming threshold does not apply to video gaming cafes.
WINE:
Any fermented spirits containing not more than twenty percent (20%) of alcohol by volume, which is fit for beverage purposes. (Ord. 2018.11, 3-4-2019, eff. 5-1-2019; amd. Ord. 2019.56, 4-20-2020; Ord. 2022.12, 10-17-2022; Ord. 2023.18, 11-6-2023)