Chapter 5.20 LIQUOR CODE
Section 5.20.010 Definitions.
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" means the product of distillation of
any fermented liquids, 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
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 one-half of one percent, or less of alcohol by
volume.
"Auction" means public sale of property to the
highest bidder by one licensed and authorized
for that purpose.
"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.
"Brew pub" means any person who manufactures beer
only at a designated premises to make
sales to distributors, importing distributors, and to nonlicensees for use and consumption only,
who stores beer at the designated premises, and who is allowed to sell at retail.
"Caterer" means 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 with the
prepared meals and alcoholic liquor sold as a package price agreed upon under contract.
"Club" means 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, which conforms to the definition of "club" in 235 ILCS 5/1-3.24.
"Distributor" means any person, other than a manufacturer
or nonresident dealer licensed
under the Act, who is engaged within Illinois in the purchasing, storing, possessing or
warehousing of any alcoholic liquors for resale or reselling at wholesale in or out of this state.
"Importing distributor" means any person, other
than a nonresident dealer licensed under the
Act, who imports into Illinois from anywhere in the United States other than this state, 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 imports into Illinois
from anywhere in the United States other than this state, for consumption in any one calendar
year, more than one gallon of such liquors.
"Liquor Control Act" means the Liquor Control Act
of 1934, as amended, otherwise known as
the "Act" (235 ILCS 5/1-1 et seq.).
"Manufacture" means to distill, rectify, ferment,
brew, make, mix, concoct, process, blend,
bottle or fill an original package with an alcoholic liquor, whether for oneself or for another, that
includes blending but does not include the mixing or other preparation of drinks for serving by
those persons authorized and permitted by the Act to serve drinks for consumption on the
premises where sold. All containers or packages of blended alcoholic liquor shall have affixed
thereto a label setting forth and stating clearly the names of all ingredients with which the
blended alcoholic liquors offered for sale shall contain.
"Manufacturer" means 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 as defined herein.
"Nonresident dealer" means any person, firm, partnership,
corporation or legal business entity
which exports into this state, from anywhere in the United States other than this state, any
alcoholic liquors for sale to Illinois licensed importers or importing distributors.
"Not-for-profit organization" means an organization
incorporated under or licensed to do
business in the state of Illinois solely for the promotion of one or more of the following purposes:
charitable; benevolent; eleemosynary; educational; civic; patriotic; political; religious; social;
literary; and athletic.
"Original package" means any bottle, flask, jug,
can, cast, 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 convey any alcoholic liquor.
"Restaurant" means 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" means a person who sells or offers for sale, alcoholic
liquor for use or consumption
and not for resale in any form.
"Sale" means 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.
"Sell at retail" and "sale of retail"
refers to any mean sales for use or consumption and not for
resale in any form.
"Special event" means any event conducted by an
educational, fraternal, political, civic,
religious or not-for-profit organization.
"Special event retailer" means educational, fraternal,
political, civic, religious, or not-for-profit
organizations which sell or offer for sale, beer, wine or both, only for consumption at the location
and on the dates designated by a special event license.
"Spirits" means 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" includes to keep or expose for sale and
to keep with intent to sell.
"Wine" means any alcohol 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. (Amended during 1997 codification; Ord. 1343 § 1, 1995;
prior code § 21-1-1)
5.20.010