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. It does not include denatured alcohol or wood alcohol.
"ALCOHOLIC LIQUOR." Includes alcohol, spirits, wine, 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.
"BEER." A beverage obtained by 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.
"BEER GARDEN." An outdoor beer garden permit shall, upon issuance, the license holder to sell alcoholic liquor as authorized by their primary classification, outside of the permanent structure of his/her premises under the conditions laid out in § 112.20
(C). A beer garden shall have a permanent fence, not less than three feet in height, made of wood or other similar material. The fencing shall be positioned between the area in which alcoholic liquor can be consumed outside and any adjoining residential or commercial property.
"CLUB." A group of persons or a corporation organized under the laws of this state, not for pecuniary profit, or organized solely for the promotion of some common object other than the sale of or consumption of alcoholic liquors, which is kept, used, and maintained by its members and owns, hires, or leases 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 is provided with suitable and adequate kitchen and dining room space and equipment. However, such a club shall file with the Local Liquor Control Commissioner at the time of its application for an original license or renewal thereof, a list of the names, resident addresses, and phone numbers of its officers and members. Its affairs and management shall be conducted by a board of directors, executive committee, or similar board chosen by the members at their annual meeting. No member or any officer, agent, or employee of the club shall be paid or directly or indirectly receive, in the form of salary or other compensation, any profits from the distribution or sale of alcoholic liquor to the club, the members of the club, or its guests introduced by members, beyond the amount of such salary as may be fixed and voted on at an annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club. A Club may engage in the retail sale of alcoholic liquor to members of the public for consumption on the premises designated at maximum three days a week.
"CONSUMPTION SALES." The sale or offering for sale at retail of any alcoholic liquor for consumption on the premises where sold.
"CRAFT COCKTAIL." Cocktails made with spirits from a craft distillery that manufactures alcoholic liquor in quantities not greater than 100,000 gallons per calendar year or such quantities as may be permitted under the Illinois Liquor Control Act, as amended from time to time.
"DEDICATED EVENT SPACE." A room or rooms or other clearly delineated space within a retail licensee's premises that is reserved for the exclusive use of party package invitees during the entirety of a party package. Furniture, stanchions and ropes, or other room dividers may be used to clearly delineate a dedicated event space.
"INFUSION." A spirit where ingredients, including, but not limited to, fruits, spices, or nuts, are added to naturally infuse flavor into the spirit.
"LICENSED TRUCK STOP ESTABLISHMENT." A facility (i) that is at least a three-acre facility with a convenience store, (ii) with separate diesel islands for fueling commercial motor vehicles, (iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial motor vehicles. "COMMERCIAL MOTOR VEHICLES" has the same meaning as defined in ILCS Ch. 625, Act 5 § 18b-101. The requirement of item (iii) of this definition may be met by showing that estimated future sales or past sales average at least 10,000 gallons per month.
"MEAL PACKAGE." A food and beverage package, which may or may not include entertainment, where the service of alcoholic liquor is an accompaniment to the food, including, but not limited to, a meal tour, tasting, or any combination thereof for a fixed price by a retail licensee or any other licensee operating within a sports facility, restaurant, winery, brewery, or distillery.
"ORIGINAL PACKAGE." Any bottle, flask, jug, can, cask, barrel, keg, hogshead, or other receptacle or container whatsoever used, corked, 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.
"PARTY PACKAGE." A private party, function, or event for a specific social or business occasion, either arranged by invitation or reservation for a defined number of individuals, that is not open to the general public and where attendees are served both food and alcohol for a fixed price in a dedicated event space.
"PERSON." A natural human being, or any applicant or licensee hereunder even if such applicant or licensee is a group of persons, a partnership, co-partnership, limited liability company or a corporation unless the context of its use clearly indicates it is limited to a natural human being.
"PREMISES." The place or location where alcoholic beverages are manufactured, stored, displayed, or offered for sale or where drinks containing alcoholic beverages are mixed, concocted and served for consumption. Not included are sidewalks, streets, parking areas and grounds adjacent to any such place or location where alcohol is not served on a regular and on-going basis.
"RESTAURANT." Any public place 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, and whose primary business remains the service of food, and without sleeping accommodations, such space being provided with adequate and 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.
"RETAILER." A person, group of persons, partnership, 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 for a consideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant, or employee, and further includes dispensing, pouring, mixing, giving away or otherwise serving alcoholic liquors.
"SELL OR SALE AT RETAIL." "SELL AT RETAIL" and "SALE AT RETAIL" refer to and mean sales for use or consumption and not for resale in any form.
"SERVICE OF FOOD." The service of meals for consumption only on the premises in an adequate and sanitary kitchen as defined in any appropriate health or food service ordinance of the village. The meals must consist of more than the service or sale of packaged foods such as potato chips, pretzels, peanuts, cheese and crackers, or frozen or premade foods, such as pizzas, hamburgers, or sandwiches which can be prepared by being heated or warmed in an oven. The meals must be actually and regularly served and eaten at tables and not only at a bar or counter.
"SPIRITS." Any beverage which contains alcohol obtained by distillation, mixed with water or other substances in solution, and includes brandy, rum, whiskey, gin, vodka, or other spirituous liquors, and such liquors when rectified, blended, or otherwise mixed with alcohol or other substances.
"TO SELL." Shall include keeping or exposing for sale and keeping with intent to sell.
"WINE." Any alcoholic beverage obtained by fermentation of the natural contents of fruits or vegetables containing sugar, including such beverages when fortified by the addition of alcohol or spirits as above defined.
(Ord. 2021-O-086, passed 12-7-21)