Unless the context otherwise requires, the following words and terms used in this chapter shall be construed according to these definitions:
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 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.
BAR/BAR AREA: The area of a restaurant set aside from the traditional restaurant dining area for the preparation, service of and consumption of alcoholic liquor. The bar/bar area includes any patron seating area and the counter and the behind the counter storage area (coolers, a display mantle, etc.) at which a bartender or other person authorized to sell or offer to sell at retail any alcoholic liquor for purposes of consumption in the licensed premises shall prepare and serve alcoholic liquor. Subject to the restrictions imposed by the applicable liquor license class, the area of the restaurant immediately adjacent to the counter may be devoted to a patron seating area for the purpose of consumption of alcoholic liquor and food while waiting for other seating within the restaurant or as a place to consume a meal. Alcoholic liquor, without food, may be purchased by, served to and consumed by patrons within the related bar/bar area, provided that the kitchen is open and food service is being offered.
BAR, PATRON: A counter at which patrons of a restaurant may purchase alcoholic liquor from a bartender or other person authorized to sell or offer to sell at retail any alcoholic liquor for purposes of consumption in the licensed premises. Alcoholic liquor, without food, may be purchased by, served to and consumed by patrons at said counter or within the related bar/bar area, provided that the kitchen is open and food service is being offered.
BAR, SERVICE: A counter at which a bartender or other person authorized to sell or offer to sell at retail any alcoholic liquor for purposes of consumption in the licensed premises, shall prepare alcoholic liquor for delivery to the restaurant's waitstaff who shall serve said beverages to patrons in the restaurant or within the related bar/bar area. No alcoholic liquor or food shall be purchased by, served to or consumed by patrons at said counter.
BEER: A beverage obtained by alcoholic fermentation 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.
FAST FOOD RESTAURANT: Shall mean, but not be limited to, a restaurant that has: patrons ordering food from a counter area or service window; patrons picking up food or beverages from a counter area or service window; payment for food or beverages at the time they are ordered; menus limited to food items requiring minimal preparation; menus not offering a wide variety of foods from all major food groups; food and beverages being available for carryout; the presence of drive-up facilities; patrons not paying gratuities; restaurants not having waiters or waitresses; food and beverages not being served on or in permanent plates or containers and/or not being served with permanent utensils; not having individual menus for each patron; patrons busing their own tables; and trash containers being contained within the restaurant eating area. The foregoing factors may be considered by the local liquor control commissioner in determining whether a business is a "fast food restaurant". The determination of the local liquor control commissioner shall be based upon the totality of the circumstances. A "fast food restaurant" shall not be eligible for a liquor license under this chapter.
LICENSED PREMISES: See definition of Premises/Licensed Premises.
LICENSEE: Any person receiving a license under this chapter.
LOCAL LIQUOR CONTROL COMMISSION: When used herein or when mentioned in this chapter as the "local commission", the reference is being made to the village's liquor control commission.
LOCAL LIQUOR CONTROL COMMISSIONER: When used herein or when mentioned in this chapter as the "local commissioner", the reference is being made to the village president.
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 CAFE: An outdoor dining area operated by a restaurant in accordance with subsection 10-4-5F of the development control ordinance.
OUTDOOR LIQUOR CAFE: An outdoor dining area operated by a restaurant that already maintains a village issued restaurant related liquor license and which serves complete meals and beverages, including alcoholic beverages, to patrons in the outdoor dining area. The outdoor cafe shall be located adjacent to the building that contains the operating restaurant. The village board and the local liquor control commissioner shall approve the operating rules, location and layout of the outdoor cafe as part of the approval of an ordinance creating the class H (outdoor liquor cafe) liquor license for issue to an applicant. In addition, the operation of an outdoor cafe shall be subject to the applicable provisions of this code, including the provisions of subsection 10-4-5F of the development control ordinance.
OWNER: Shall include all persons who are owners or lessees or otherwise who are in control of any place where the sale of alcoholic liquor is carried on, whether they be individuals, a partnership including all partners thereof, or a corporation including the shareholders, directors and officers thereof.
PERSON: Any person, firm, partnership or corporation.
PREMISES/LICENSED PREMISES: The term premises or licensed premises, as used in this chapter, shall refer only to the interior area of the building located at the address indicated on the liquor license, and shall not include any area at said address located outside of the building, such as, but not limited to, sidewalks, parking areas, driveway areas, deck areas, patio areas or any other outdoor areas that are part of the real property or the building identified by the address on the liquor license, unless consumption of alcoholic liquor in a particular outdoor area is specifically authorized by a particular liquor license class.
RESTAURANT: Any public place which has a seating capacity of not less than thirty (30) persons that is kept, used, maintained, advertised and held out to the public as a place where complete meals are served, and where such meals are actually 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. The term "complete meals", as used in this chapter, shall mean the wide variety of foods from all major food groups, including the availability of multiple, distinct types of entrees, side dishes and desserts, that are customarily listed on lunch and/or dinner menus. Food shall be served at tables by waitstaff only, except where a patron bar is allowed in which case food may be served to the patrons seated at a patron bar. The mere availability and service at any premises of hot dogs, hamburgers, sandwiches, hors d'oeuvres, snacks such as ice cream, chips, pretzels or other similar foods will not, standing alone, constitute the service of complete meals and shall not be deemed sufficient to constitute such premises as a restaurant within the meaning of this chapter. It is the intent of this chapter that the sole business conducted on premises to be licensed as restaurants under this chapter shall be the service of complete meals, as the term is commonly understood, with such meals being listed in lunch and/or dinner menus and as further defined herein. Without limiting the generality of the foregoing, the service of complete meals does not include service of food by luncheonettes, ice cream shops, pizza parlors, diners, pubs, coffee shops, drive-ins, or self-service and/or carryout establishments. A "fast food restaurant" is not a premises to be licensed as a restaurant hereunder.
RESTAURANT, CARRY-OUT: Shall mean, but not be limited to, a restaurant that allows patrons to order food from a counter area or service window and/or allows patrons to pick up food or beverages from a counter area or service window for off-premise consumption. A carry-out restaurant shall not offer on-premises consumption of food. This type of restaurant is further defined as any public place kept, used, maintained, advertised, and held out to the public as a place where complete meals are actually and regularly served for off-premise consumption, with adequate and sanitary kitchen and dining room equipment and with adequate staff to take orders, prepare food, and provide the food and beverages, including alcoholic beverages, in a carry-out service operation rather than a fast food service operation. The principal business of a "carry-out restaurant" is the service of complete meals, and said service of such meals shall constitute at least sixty percent (60%) of the gross income of the establishment as distinguished from the principal business being the service of food as a supplement to the service of alcoholic liquor. The restaurant design shall reflect the character of an establishment that is operated to sell carry-out food rather than an establishment set up to serve alcoholic liquor as its principal activity. A "fast food restaurant" is not a premises to be licensed as a carry-out restaurant hereunder. The local liquor control commissioner shall be responsible for determining whether a business shall be classified as a "carry-out restaurant" or a "fast food restaurant". The determination of the local liquor control commissioner shall be based upon the totality of the circumstances.
RESTAURANT, FULL SERVICE: A full service restaurant shall have a seating capacity of not less than thirty (30) persons at which all patrons are seated for their meals and are attended by a full service waitstaff. This type of restaurant is further defined as any public place kept, used, maintained, advertised, and held out to the public as a place where complete meals are actually and regularly served, with adequate and sanitary kitchen and dining room equipment and with adequate staff to take orders, prepare food, and serve the food and beverages, including alcoholic beverages, in a full service operation rather than a fast food service operation. The principal business of a "full service restaurant" is the service of complete meals, and said service of such meals shall constitute at least sixty percent (60%) of the gross income of the establishment as distinguished from the principal business being the service of food as a supplement to the service of alcoholic liquor. The restaurant design shall reflect the character of an establishment that is a restaurant rather than an establishment set up to serve alcoholic liquor as its principal activity. A "fast food restaurant" is not a premises to be licensed as a full service restaurant hereunder.
RESTAURANT, LIMITED SERVICE: A limited service restaurant shall have a seating capacity of not less than thirty (30) persons at which patrons may order complete meals and beverages at a counter but where said food and beverages are served by a waitstaff. This type of restaurant is further defined as any public place kept, used, maintained, advertised, and held out to the public as a place where complete meals are actually and regularly served, with adequate and sanitary kitchen and dining room equipment and with adequate staff to take orders, prepare food, and serve the food and beverages, including alcoholic beverages, in a limited service operation rather than a fast food service operation. The principal business of a "limited service restaurant" is the service of complete meals, and said service of such meals shall constitute at least sixty percent (60%) of the gross income of the establishment as distinguished from the principal business being the service of food as a supplement to the service of alcoholic liquor. The restaurant design shall reflect the character of an establishment that is a restaurant rather than an establishment set up to serve alcoholic liquor as its principal activity. A "fast food restaurant" is not a premises to be licensed as a limited service restaurant hereunder.
RETAILER: A person 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 principal, proprietor, agent, servant or employee.
SELL AT RETAIL AND SALE AT RETAIL: The sale for use or consumption and not for resale in any form.
SPECIAL EVENT RETAILER (NOT FOR PROFIT ORGANIZATION): A qualified educational, fraternal, political, civic, religious, charitable or other not for profit organization which sells or offers for sale alcoholic beverages only for consumption at the location and on the dates designated by the special event retail liquor license. A "qualified not for profit organization" means a corporation that is recognized as a tax exempt entity as defined under the applicable provisions of the internal revenue code of 1986, as amended, or a not for profit corporation as defined under the applicable provisions of the general not for profit corporation act of 1986 1 , as amended. To the extent the not for profit organization has received written certification from the internal revenue service regarding its tax exempt status or has registered with the Illinois attorney general as a charitable organization, that certification or proof of registration shall be required to be filed with the village as part of the liquor license application.
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.
SUPERMARKET: A full service retail establishment, with a total interior gross floor area of not less than twenty five thousand (25,000) square feet, engaged principally in the sale of canned goods; dry goods such as tea, sugar, flour, cereals, and the like; beverages, such as milk, juices, soda pop and water; fresh fruits and vegetables; fresh and prepared meats, fish, poultry; and typical household goods, but not including any establishment commonly understood to be a drugstore, or a pantry, or a convenience food mart and not including any establishment also in the business of selling gasoline.
VILLAGE: The village of Western Springs, Illinois; a municipal corporation as defined by state statutes.
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. 99-2077, 2-22-1999; amd. Ord. 01-2173, 9-24-2001; Ord. 02-2200, 5-20-2002; Ord. 07-2468, 11-19-2007; Ord. 09-2531, 3-23-2009; Ord. 10-2579, 4-26-2010; Ord. 10-2580, 4-26-2010; Ord. 20-3027, 12-21-2020)
Notes
| 1 | 1. 805 ILCS 105/101.01 et seq. |