For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACT. The Illinois Liquor Control Act of 1934, as amended.
(235 ILCS 5/1-1 et seq.)
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 liquor, containing more than 0.5% of alcohol by volume, which is capable of being consumed as a beverage by a human being.
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.
CATERER RETAILER. A person who serves alcoholic liquors for consumption, either on site or off site, whether the location is licensed or unlicensed, as an incidental part of food service. Prepared meals and alcoholic liquors are sold at a package price agreed upon under contract.
CLOSE. To shut up so as to prevent entrance or access by any person; and the entire suspension of business.
CLUB. A corporation organized under the laws of the 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, 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 servers and employees for cooking, preparing, and servicing food and meals for its members and their guests; provided that such a CLUB files with the Commissioner at the time of its application for a license under this chapter that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the 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 government body out of the general revenue of the CLUB.
COMMISSIONER. The President of the Board of Trustees. The term COMMISSIONER may be used interchangeably with the LOCAL LIQUOR CONTROL COMMISSIONER as defined in 235 ILCS 5/1-1 et seq. and the term LIQUOR COMMISSIONER. The term Mayor shall be interchangeable with the term President.
CONVENIENCE STORE. Any public place kept, used, maintained, advertised, and held out to the public as a place at which the primary purpose is to offer gasoline and/or limited groceries and sundries for sale, the retail sale of alcoholic liquors being incidental.
CORPORATION. Any corporation, domestic or foreign, qualified to do business in the state under the Business Corporation Act, being 805 ILCS 5/1.01 et seq. of the state.
DISTILLED SPIRITS. See SPIRITS.
EVENT. A single-theme entertainment event.
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 the 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 or dining room equipment and capacity.
MANAGER or AGENT. Any individual employed by any licensed place of business designated to serve as its MANAGER or AGENT for liquor license purposes, provided said individual possess the same qualifications required of the licensee. Satisfactory evidence of such employment will be furnished the Commission in the form and manner as such Commission shall from time to time prescribe.
MEAL. Food that is prepared and served on the licensed premises and excludes the serving of snacks.
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.
OUTDOOR CAFÉ. An outdoor space used for the purpose of serving alcoholic liquor and/or food located next to a licensed liquor establishment on private property.
PACKAGE LIQUOR STORE. Any public place where packaged liquors are offered for sale in the original, unopened container for consumption away from the premises.
PARTNER. Any individual who is a member of a copartnership. “Copartnership” means an association of two or more persons to carry on as co-owners of a business for profit.
PERSON. Any natural person, firm, partnership, association, or corporation.
PREMISES or PLACE OF BUSINESS. The place or location where alcoholic beverages are manufactured, stored, displayed, offered for sale, or where drinks containing alcoholic beverages are mixed, concocted, and served for consumption. Not included are sidewalks, street, parking areas, and grounds adjacent to any such place or location.
PRE-PACKAGED DRINKS. Any commercially prepared and packaged alcohol mixed with juice and/or other beverage which does not have an alcohol content which exceeds 6% of alcohol by volume. PRE-PACKAGED DRINKS shall not include beer and wine.
PRIVATE FUNCTION. A prearranged private party, function, or event for a specific social or business occasion, either by invitation or reservation and not open to the general public, where the guests in attendance are served in a room or rooms designated and used exclusively for the private party, function, or event.
PUBLIC PLACE. Any premises enclosed or unenclosed or partly enclosed and partly unenclosed wherein any service or goods, chattels, or merchandise are offered for sale to the public or any such premises used as a clubhouse, club room, or meeting place. The terms PUBLIC PLACE and PUBLIC PREMISES shall be interchangeable for the purposes of this chapter.
RESIDENT. Any person (other than a corporation) who has resided and maintained a bona fide residence in the state for at least one year and in the city, village, and county in which the premises covered by the license are located for at least 90 days prior to making application for such license.
RESTAURANT. Any public place kept, used, maintained, advertised, and held out to the public as a place where meals are served, and where meals actually are served and regularly served, 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 who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form.
RETAIL SALE. A sale for use of consumption and not for resale in any form.
SALE. Any transfer, exchange, delivery, or barter in any manner, or by any means whatsoever, including a transfer of alcoholic liquors by and through a transfer or negotiation of warehouse receipts or certificates, and includes and means all sales made by any person, whether principal, proprietor, agent, servant, or employee. The term SALE includes any license to an importing distributor’s license even if both licenses are held by the same person.
STATE COMMISSION. The Illinois Liquor Control Commission as created in 235 ILCS 5/3-1 and/or otherwise provided for.
SELL AT RETAIL and SALE OF RETAIL. Any mean sales for use or consumption and not for resale in any form.
SPECIAL EVENT. An event conducted by an educational, fraternal, political, civic, religious, or nonprofit organization.
SPECIAL EVENTS RETAILER. An educational, fraternal, political, civic, religious, or non-profit organization which sells or offers for sale beer or wine, or both, only for consumption at the location and on the dates designated by a special event retail license.
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 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 above defined.
(Ord. 2018-O-8, passed 3-20-2018)