Unless the context otherwise requires, words and phrases in this chapter shall be construed in accordance with the definitions set forth in this section.
"Alcohol" means the product of distillation of any fermented liquid whether rectified or diluted, whatever may be the origin of such fermented liquid, including synthetic ethyl alcohol, but not including denatured alcohol or wood alcohol.
"Alcoholic beverage" means any beverage that contains alcoholic liquor and that is not sold in its original package. As used in this chapter, the term " alcoholic beverage" shall include individual bottles of wine and individual bottles or cans of beer that are sold for consumption on the premises where sold.
"Alcoholic liquor" means and includes any alcohol, spirits, wine, or beer or any substance, patented or not, containing alcohol, spirits, wine or beer, capable of being consumed as a beverage by a human being. The provisions of this chapter shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with acts of the United States Congress and regulations promulgated under such acts, or to any substance containing not more than one-half of one percent of alcohol by volume.
"Bar" means a counter at which alcoholic liquor is the principal commodity served for consumption by persons at such counter.
"Beer" means 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.
"Coffee shop" means a place of business that: (a) is licensed under Chapter 5.24 of this code; (b) opens to the public for business each day not later than 7:00 a.m. and remains open to the public for business continuously for not less than 10 hours; (c) has a total floor area not greater than 2,500 square feet; and (d) is engaged in the primary business of the sale, over a counter located at the point of sale where customers place orders, of: (i) coffee, tea, coffee-based beverages, tea based beverages, and other beverages prepared on the premises for consumption on or off the premises where served; and (ii) food items, including baked goods, sandwiches, and salads for consumption on or off the premises where served.
"Domestic craft beer" means beer brewed in the United States by a domestic craft brewer.
"Domestic craft brewer" means an American brewer that has the characteristics of any or all of the following types of brewers: (i) small brewer; (ii) independent brewer; or traditional brewer.
"Fine wine" means wine sold only in glass bottles and made from vinifera (grape varieties) and not from other fermented fruit juices.
"Full-service grocery store" means a retail establishment primarily for the sale of food, generally including fresh fruits and vegetables, fresh meats and a variety of packaged products. Such establishment shall consist of at least five thousand (5,000) square feet and shall not normally have retail business hours after 10:00 p.m. in the evening.
"Imported beer" means beer not brewed in the United States.
"Independent brewer" means a craft brewer for which less than 25% of the brewery is owned or controlled by an alcoholic beverage industry member that is not itself a craft brewer.
"Licensed premises" means the premises in which the service of alcoholic beverages under a license issued pursuant to this chapter is permitted, as described in the approved license. The licensed premises shall not include any public way or public property unless specific authorization to use the public way or public property has been granted, as provided in section 5.09.105 of this chapter.
"Licensee" means any person who has been issued a license under this chapter.
"Limited food products store" means a retail establishment for the sale only of fresh foods, frozen or pre-packaged foods, and food-related products, including packaged meals either prepared on the premises or prepared for sale solely on the premises. Such establishment shall not normally have retail business hours after 7:00 p.m. or before 8:30 a.m.
"Original package" means 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.
"Packaged sale" means the sale at retail of alcoholic beverages in their original package.
"Restaurant" means a place of business licensed under Chapter 5.24 of this code, the primary business of which is the on-site preparation, sale and consumption of complete meals served on non-disposable tableware, where complete meals are actually and regularly served to patrons for consumption on the premises while they are seated at tables that are serviced by bus staff or wait staff. The meal service offered by a restaurant must include a complete menu offering several courses, including dinner and luncheon menus, at which the service of alcoholic beverages is incidental and complementary to such meal service. Notwithstanding the foregoing, the term "restaurant" shall not include lounges, luncheonettes, diners, coffee shops, drive-in or fast food establishments, or self-service or carry-out establishments.
"Sale" means 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. The term "sale" also includes (i) soliciting or receiving an order for alcoholic liquor, (ii) keeping or exposing for sale, and (iii) keeping with intent to sell.
"Sale at retail," "sell at retail" or "retail sale" means and refers to sales for use or consumption and not for resale in any form.
"Sale of package liquor" means the sale of alcoholic liquor in the original package for use or consumption off the premises where sold.
"Service" shall mean and include any or all of the following: (i) the sale, service or delivery of any alcoholic beverage to any person by any licensee or employee or agent of such licensee; (ii) the consumption of any alcoholic beverage by any person on the licensed premises, regardless of the manner by which the beverage is served; (iii) the presence on a table, bar or counter, or in the hand of any person on the licensed premises, of any alcoholic beverage in any form of container, including without limitation a bottle, can, glass or pitcher; and (iv) the sale, service or delivery of any alcoholic beverage to any person through the use of an automated dispenser or other mechanical or electronic device, including a wine station as defined in this Code.
"Serving" means the sale of not more than one jigger of spirits, six ounces of wine or 12 ounces of beer for consumption on a licensed premises.
"Sidewalk service" means the sale and service of alcoholic beverages in an area on the public sidewalk adjacent to the licensed premises, as approved by the Village Council pursuant to Chapter 12.04 of this code. As used in this chapter, "sidewalk service" shall also mean and include the sale and service of alcoholic beverages on other public rights of way or public property pursuant to a Class C or Class X liquor license, as approved by the Village Council pursuant to Chapter 12.04 of this code.
"Small brewer" means a brewer that has annual production of less than two million barrels or otherwise qualifies for the federal small brewer's excise tax differential, as administered by the U.S. Treasury Department by producing less than two million barrels annually.
"Specialty beverage store" means a retail establishment whose principal business is the sale at retail of fine wines, with ancillary sales limited to related accessories, small gourmet food products, and specialty gift products such as fine food accessories. A specialty beverage store may also include the sale at retail of premium imported beers and/or domestic craft beers and related accessories, provided that such sales are at all times subordinate to the sale of fine wines.
"Specialty Restaurant" means a restaurant where, as part of a demonstration or instructional program on food preparation techniques, a host or hostess is present to seat patrons, where all patrons are served the same prix fixe, multi-course meal at a scheduled seating, where admission to the scheduled seating is by reservation only, where food is served to patrons for consumption on the premises while they are seated at tables or at a demonstration counter, where the meals are served using nondisposable tableware, and at which the service of alcoholic beverages is incidental and complementary to such meal service. A specialty restaurant may be operated in conjunction with a limited food products store or a specialty beverage store.
"Spirits" means any beverage which contains alcohol obtained by distillation, mixed with water or other substances 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.
"Traditional brewer" means a brewer that either (i) has an all-malt flagship beer that has the greatest volume of sales among all of the brewer's brands, or (ii) has at least 50% of its sales volume in either all-malt beers or in beers that use adjuncts to enhance, rather than lighten, the flavor of the beer.
"Wine" means 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.
"Wine station" shall mean a portable machine that dispenses individual servings of wine in pre-measured portions and that can be operated by either the customers or the service staff of a licensee.
(MC-5-2021, Amended, 10-19-2021; MC-3-2017, Amended, 03/21/2017; MC-4-2015, Amended, 06/16/2015; MC-4-2014, Amended, 04/01/2014; MC-2-2012, Amended, 04/17/2012, Adds Wine station; MC-11-2009, Amended, 10/06/2009, Adds Domestic craft beer, Domestic craft brewer, Fine wine, Imported beer, Independent brewer, Small brewer, Specialty beverage store, Traditional brewer definitions; MC-4-2008, Amended, 06/17/2008, Adds Service definition; MC-9-2002, Added, 09/17/2002; MC-4-2001, Amended, 06/05/2001, Adds Specialty Restaurant definition; MC-218-99 § 2, 1999; prior code § 35.01)