§ 4-3. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Alcohol shall mean the product of distillation of any fermented liquid, whether rectified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol. Alcohol shall not include denatured alcohol or wood alcohol.
Alcoholic liquor shall mean to include alcohol, spirits, wine, beer, and other liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and which is capable of being consumed as a beverage by a human being. The provisions of this article shall not apply to alcohol used in the manufacture of denatured alcohol produced in accordance with Acts of Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent, or less of alcohol by volume.
Applicant shall mean any person seeking to obtain a license or permit, as the case may be, pursuant to this article.
Beer shall mean a beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and shall include, but is not limited to beer, ale, stout, lager beer, porter and the like.
Brew pub shall mean any a person who manufactures no more than one hundred fifty-five thousand (155,000) gallons of beer per year only at a designated licensed premises to make sales to importing distributors, distributors, and to non-licensees for use and consumption only, who stores beer at the designated licensed premises, and who is allowed to sell at retail from the licensed premises, provided that a brew pub licensee shall not sell for off-premises consumption more than one hundred fifty-five thousand (155,000) gallons of beer per year.
Brewer shall mean a person who is engaged in the manufacture of beer.
Caterer shall mean 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.
Club shall mean a corporation organized under the laws of this 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 servants and employees for cooking, preparing, and serving food and meals for its members and their guests; provided that such club files with the local liquor control commissioner at the time of its application for a license under this article two (2) copies of a list of names and residences of its members, and similarly files within ten (10) days of the election of any additional member his or her name and address; and, provided further, that its affairs and management are conducted by a board of 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 governing body out of the general revenue of the club.
Consumption sales shall mean the sale or offering for sale at retail of any alcoholic liquor for consumption on the licensed premises where sold.
Continuous operation shall mean the operation of a licensed business for at least five (5) hours a day for a period of at least five (5) days a week.
Convention center shall mean any facility designed and actually used for the purpose of accommodating weddings, celebrations, parties, or dances by private clubs or individuals or conventions, concerts, trade shows, sporting events, or other mass entertainment, provided that such facility has adequate 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 items for guests at the events held at such facility, and provided further, that the structure is capable of seating at least five hundred (500) people, regardless of the number of people seated at any particular event.
Convicted shall mean and include a plea of guilty, a plea of no contest, or probation or any plea admitting guilt or admitting the facts of an offense; and it means and includes any finding of guilty by a court, a jury, an administrative agency or any other trier of fact.
Delivery shall mean the act of transferring or giving in any manner or by any means alcoholic liquor to another by any person, whether as principal, proprietor, agent, servant or employee.
Distiller shall mean a person who distills, ferments, brews, makes, mixes, concocts, processes, blends, bottles, or fills an original package with any alcoholic liquor. This definition includes a manufacturer of wine but not a manufacturer of beer or bottler of wine.
Distributor shall mean any person, other than a manufacturer or non-resident dealer licensed under the Illinois Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq., who is engaged in the City of Effingham in purchasing, storing, possession or warehousing any alcoholic liquors for resale or reselling at wholesale, whether within or without the City of Effingham.
Entertainment and event venue shall mean a facility designed and actually used, at least in part, for the purpose of accommodating public or private events, celebrations, parties, fundraisers, or other types of entertainment for individuals and/or groups, provided that such entertainment and event venue shall have such adequate 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 items for the individuals and/or groups at the events held at said facility. Food service shall be required at all events where alcoholic liquor is sold, served, or consumed. An entertainment and event venue shall not advertise the sale of alcoholic liquor anywhere on the licensed premises, either inside or outside.
Golf course/club house shall mean a public or private golf course with a club house having facilities used, kept and maintained as a place where food is served, such space being provided with adequate and sanitary kitchen and dining equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food items, or to allow for the catering of prepared food items.
Hotel and/or motel shall mean every building or other structure, kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, in which twenty-five (25) or more rooms are used for the sleeping accommodations of such guests.
Illinois Liquor Control Act shall mean an act passed by the Illinois General Assembly entitled "Illinois Liquor Control Act of 1934," as amended (235 ILCS 5/1-1 et seq.).
Illinois Liquor Control Commission or state commission shall mean the commission created by Article III of the Illinois Liquor Control Act, (235 ILCS 5/3-1 et seq.).
Importing distributor shall mean any person other than a non-resident dealer under the Illinois Liquor Control Act who imports into the State of Illinois, from any point in the United States outside the State of Illinois, whether for himself or for another, any alcoholic liquors for sale or resale, or for use in the manufacture, preparation or compounding of products other than alcoholic liquors, or who imports into the State of Illinois, from any point in the United States outside the State of Illinois, for consumption in any one calendar year, more than one gallon of such liquors.
Keg shall mean any metal, wood, plastic, paper, or other container designed to hold four (4) or more gallons of liquid and which actually contains any amount of alcoholic liquor.
Licensed premises shall mean the area described in the application for the license or permit or the place where the business to be covered or covered by the license or permit is to be, or is carried on or located. Except for the issuance of a Permit, a Class B/E License, a Class C/E License, a Class G License, a Class R/E License, a Class T/E License, a Class W/E License, or a Class BP/E License, this term shall include only the permanent structure housing the licensed business and shall not include a parking lot, sidewalk, covered walkway, any unenclosed area or property outside such permanent structure unless otherwise licensed or permitted in accordance with the provisions of this chapter. Notwithstanding the foregoing, "licensed premises" may include any open air, roofed, or unroofed area or property lying outside of, adjacent, and contiguous to such permanent structure housing the licensed business having access from the main premises only, and enclosed by a permanent, unbroken barrier or enclosure, with a minimum height of four (4) feet with an emergency means of egress, provided said area is specifically designated in any license granted under the provisions of this chapter. The barrier or enclosure shall comply and conform to all zoning and setback regulations of the City of Effingham, and the location and design of said barrier or enclosure shall be subject to any further conditions and regulations required by the Local Liquor Control Commissioner.
Licensee shall mean any person, corporation, limited liability company, or partnership holding a license under the terms of this article.
Manufacture shall mean to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with an alcoholic liquor, whether for oneself or another, and includes blending but does not include the mixing or other preparation of drinks for serving by those persons authorized and permitted under this article to serve drinks for consumption on the premises where sold. All containers or packaged of blended alcoholic liquors shall have affixed thereto a label setting forth and stating clearly the names of all ingredients which the blended alcoholic liquors offered for sale shall contain.
Manufacturer shall mean every brewer, fermenter, distiller, rectifier, wine maker, blender, processor, bottler or person who fills or refills an original package, whether for himself or for another, and others engaged in brewing, fermenting, distilling, rectifying, or bottling alcoholic liquors.
Movie theater shall mean a building which the public is invited and pays consideration for the purpose of viewing motion pictures.
Original package shall mean 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.
Owner shall mean the proprietor if a sole proprietorship, all partners (general and limited) if a partnership, all officers, directors and persons holding five (5) percent or more of the outstanding shares if a corporation, or all members holding five (5) percent or more of the outstanding membership interest if a limited liability company.
Package sales shall mean 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 licensed premises where sold.
Permittee shall mean any person, corporation, limited liability company, or partnership holding a permit under the terms of this article.
Person shall mean any individual, firm, partnership, organization, corporation, limited liability company, association, proprietorship or other legal entity. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" appears in any section of this title prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations or limited liability company, shall include the officers, agents or members thereof who are responsible for any violation of this title.
Public property shall mean:
(1)
Any public street, alley, sidewalk or public way;
(2)
All property owned by the United States, the State of Illinois or other state or any municipality or other political subdivision or agency thereof; and
(3)
Any property, including privately owned property, which is open to or held out for use by the public, except a "licensed premises" as defined above.
Public selling space shall include all of the area between the floor and ceiling of the premises which is open, accessible, and/or visible to the members of the general public, including the interior of any cooler or other refrigeration units or storage cases accessible and/or visible to the general public and any area with restricted public access, such as the areas behind sales counters, from which sales are made to members of the general public.
Restaurant shall mean any public place which is 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, 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.
Resident manager or managing agent shall mean the person designated as manager within the application for license. The resident manager or managing agent must be a bona fide resident of the County of Effingham and must be a full-time employee of the licensee who is physically present on a daily basis at the licensed premises not less than twenty-five (25) hours per week; the resident manager or managing agent must have management authority including control of the premises, all books and records and must have authority to make decisions and give consent regarding any matter concerning the control of the premises. A general partnership, corporation, limited liability company, and similar business entities must conduct business by a resident manager or managing agent.
Retail merchandise and grocery store shall be defined as any place kept, used, maintained, advertised, and held out to the public as a place where at least five (5) of the following seven (7) categories of products can be purchased at retail: dairy products, baked goods, frozen foods, groceries, snack foods, health and beauty aids, and where a maximum fifteen (15) percent of the total public selling space is devoted to the display of alcoholic beverages offered for sale.
Retailer shall mean a person who sells, or offers to sell, alcoholic liquor for use or consumption and not for resale in any form.
Retail establishment where the sale of alcoholic liquor is not the principal business shall mean any establishment holding a license for the sale of alcoholic liquor wherein more than fifty percent (50) of its gross sales or revenues in the preceding twelve (12) months are for items or services other than alcoholic liquor.
Sale shall mean any transfer, exchange or barter in any manner, or by any means whatsoever, for a consideration, 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 as principal, proprietor, agent, servant, or employee.
Sell at retail or sale at retail shall refer to and mean sales for use or consumption and not for resale in any form.
Spirits shall mean 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.
Theatre shall mean a building or structure designed for and whose principal use is the presentation of musical, comedic, and theatrical performances.
To sell shall mean to receive an order for, to keep or expose for sale, or to keep with intent to sell.
Wine shall mean 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.
Wine and beer tasting shall mean an event in which wine, beer or other alcoholic liquor is served in small quantities for consumption as a sample of product being sold by a license holder. Wine and beer tastings may be for free, for a fixed price for any quantity consumed, or sold by the drink.
(Ord. No. 13-2012, 3-20-2012; Ord. No. 16-2013, § I, 8-6-2013; Ord. No. 2-2016, § II, 1-5-2016; Ord. No. 21-2016, §§ II, III, 3-15-2016; Ord. No. 76-2016, §§ II, III, 9-20-2016; Ord. No. 18-2017, § II, 4-18-2017; Ord. No. 77-2017 , § II, 9-19-2017; Ord. No. 55-2017 , § II, 8-15-2017)