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Village of Westville, IL
Vermilion County
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(See 235 ILCS 5/1-3.01 et seq.)
Unless the context otherwise requires, the words and phrases herein defined are used in this chapter in the sense given them in the following 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. (235 ILCS 5/1-3.01)
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 human beings. The provisions of this chapter 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 1/2 of 1% or less of alcohol by volume. (See 235 ILCS 5/1-3.05.)
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. (See 235 ILCS 1-3.04.)
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. (See 235 ILCS 5/1-3.34.)
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 this state and 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 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 Mayor, at the time of its application for a license under this chapter, two copies of a list of names and residences of its members, and similarly files within 10 days of the election of any additional member, his 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 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 its members or guests introduced by members, beyond the amount of such salary as may be fixed and voted at the annual meeting by the members or by the board of directors or other governing body out of the general revenue of the club. (See 235 ILCS 5/1-3.24.)
CORPORATION
Any corporation, domestic or foreign, qualified to do business in the State of Illinois under the Business Corporation Act of Illinois (805 ILCS 5), including a limited-liability company. (Rules 100.10)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
DISTILLED SPIRITS
See "spirits."
EVENT
A single theme. (Rules 100.10)
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. All public dining rooms, banquet rooms, meeting rooms, room service areas, mini-bars, and other locations within or adjacent to a hotel in which alcoholic liquors are stored, offered for sale, or sold at retail shall be considered part of the hotel's licensed premises if those locations within or adjacent to the hotel are owned and managed by the hotel operator. Public dining rooms and other locations within or adjacent to a hotel that are owned or managed by a person other than the hotel operator and are licensed by the Village to a person other than the hotel operator are not considered part of the hotel's licensed premises and, as such, must be maintained and operated under separate retailer's licenses. (See 235 ILCS 5/1-3.25.)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
MANAGER OR AGENT
Any individual employed by any licensed place of business, 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. (Rules 100.10)
MAYOR
The Local Liquor Control Commissioner as provided in the Illinois Compiled Statutes, Chapter 235, entitled "Liquor Control Act of 1934," and all references to "Liquor Commissioner" shall refer to the Mayor unless otherwise provided.
MEAL
Food that is prepared and served on the licensed premises and excludes the serving of snacks. (Rules 100.10)
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. (See 235 ILCS 5/1-3.06.)
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. (Rules 100.10)
PREMISES or PLACE OF BUSINESS
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. (Rules 100.10)
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 of Illinois 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. (Rules 100.10)
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. (See 235 ILCS 5/1-3.23.)
RETAILER
A person who sells or offers for sale alcoholic liquor for use or consumption and not for resale in any form. (See 235 ILCS 5/1-3.17.)
SALE
Any transfer, exchange or barter in any manner or by any means whatsoever for a consideration, and includes and means all sales made by any person, whether principal, proprietor, agent, servant or employee. (See 235 ILCS 5/1-3.21.)
SELL AT RETAIL and SALE AT RETAIL
Sales for use or consumption and not for resale in any form. (See 235 ILCS 5/1-3.18.)
SPECIAL EVENT
An event conducted by an educational, fraternal, political, civic, religious or nonprofit organization. (See 235 ILCS 5/1-3.30.)
SPECIAL EVENT RETAILER
An educational, fraternal, political, civic, religious, or nonprofit organization which sells or offers for sale beer, spirits or wine, or any combination thereof, only for consumption at the location and on the dates designated by a special event retail license. (See 235 ILCS 5/1-3.17.1.)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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. (See 235 ILCS 5/1-3.02.)
TO SELL
Includes to keep or expose for sale and to keep with intent to sell. (See 235 ILCS 5/1-3.22.)
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. (See 235 ILCS 5/1-3.03.)
[All references to "Rules" refer to Illinois Liquor Control Commission Rules located in Title 11, Subtitle A, Chapter I, Part 100, Section 100.5 et seq. of the Illinois Administrative Code.]