§ 6-3. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic liquor means any spirits, wine, beer, ale, or other liquid containing more than one-half of one percent of alcohol by volume, which is fit for beverage purposes. Beverages sold as beer, ale, or other designation commonly applied to malt beverages containing more than one-half of one percent of alcohol by volume shall be presumed to be alcoholic liquor for the purposes of this chapter.

Bar means any counter at which alcoholic beverages may be stored, displayed, prepared or served and at which patrons are permitted to sit or stand and consume alcoholic beverages.

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.

Brewer means a person who is engaged in the manufacture of beer.

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, 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 comfortable use and accommodation of its members and their bona fide guests and provided with suitable and adequate kitchen and dining room space and equipment and maintaining a sufficient number of employees or contractors for cooking, preparing, and serving food and meals for its members and their bona fide guests; provided that such club files with the local liquor commissioner 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 ten days of the election of any additional member his name and address; and provided that the sale or offer of alcoholic liquor for sale to the public by the club is not permitted; and further provided that the affairs and management of the club 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.

Coffee shop means a place of business that:

(1)

Is licensed under chapter 26, article II of this Code;

(2)

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 ten hours;

(3)

Has a total floor area not greater than 2,500 square feet; and

(4)

Is engaged in the primary business of the sale, over a counter located at the point of sale where customers place orders, of:

a.

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

b.

Food items, including baked goods, sandwiches, and salads, primarily prepared off-premises for consumption on or off the premises where served.

Convenience store means any establishment in which the primary business includes, but is not limited to, the sale of food, beverages, household products, cosmetic items, reading materials, and other goods for the convenience of the public.

Courtyard means a seasonal open-air area used for the service of food and alcohol. Depending upon the nature and use of the surrounding properties and subject to review and approval by the liquor control commission, a courtyard may be required to be delineated by screening or a barrier. Courtyard seating shall not be counted towards any minimum seating standard required by this chapter.

Eating counter means any counter, accommodating a maximum of eight seats, at which patrons may consume alcohol and food in the same manner as patrons at a table.

Fast food restaurant. Indicia of a fast food restaurant shall include, but not be limited to:

(1)

Patrons ordering food from a counter area or service window;

(2)

Patrons picking up food or beverages from a counter area or service window;

(3)

Payment for food or beverages at the time they are ordered;

(4)

Menus limited to food items requiring minimal preparation;

(5)

Menus not offering a wide variety of foods from all major food groups;

(6)

Food and beverages being available for carry-out;

(7)

The presence of drive-up facilities;

(8)

Patrons not paying gratuities;

(9)

Restaurants not having waiters or waitresses;

(10)

Food and beverages not being served with permanent utensils;

(11)

Not having individual menus for each patron;

(12)

Patrons bussing their own tables;

(13)

Food being prepared in an area not entirely separated from patrons by full walls; and

(14)

Trash containers being contained within the restaurant eating area.

The foregoing factors may be considered by the local liquor commission in determining whether a business is a fast food restaurant. The determination of the commission shall be based upon the totality of the circumstances.

Hotel means a building with 21 or more guestrooms offering temporary lodging for compensation for a period of one day or more, with or without restaurants, shops and meeting rooms, open to the public. Such building or group of buildings may also include a cocktail lounge, room service facilities, or rooms providing dancing or live entertainment.

Improvement means the enclosed portion of a building, including any courtyard.

Inn means an establishment containing lodging rooms for occupancy to the public for compensation, limited to the following:

(1)

Not more than 20 guestrooms shall be provided;

(2)

Customary inn services, such as maid, telephone, secretarial and desk services, laundering of linens, food and cooking service including a restaurant, with service in the guestrooms or any designated area. The use and operation of a restaurant for persons other than guests occupying any of the guestrooms shall be specifically authorized, if at all, and regulated pursuant to the provisions of any special use permit authorizing the use and operation of an inn;

(3)

Meeting rooms for business and nonbusiness uses, with incidental food service available to guests or the public for compensation; provided, however, the meeting rooms shall not be the primary purpose or use of the inn, and shall not exceed 25 percent, in gross measurement, of the gross floor space of the entire inn. The number of people occupying the meeting rooms, and the hours of use and operation of the meeting rooms, shall be regulated pursuant to the provisions of any special use permit authorizing the use and operation of an inn.

Lounge means any room in a restaurant in which patrons may order and consume alcohol with or without the purchase of food. A lounge may include bars with chairs, stools or other seating for the use of patrons.

Original package means any bottle, flask, jug, can, barrel, keg, 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.

Physical separation means a partial wall, screen, partition or suitable enclosure of sufficient height to set apart an area of a restaurant or store from the rest of the facility by preventing unintended access or visibility.

Restaurant means any public place kept, used, maintained, advertised or held out to the public as a place where the primary business is the service of meals, and where meals are actually and regularly served, without sleeping accommodations, and where adequate provision is made for sanitary kitchen and dining room equipment and capacity and a sufficient number of employees to prepare, cook and serve a reasonable variety of meals for its customers. The mere availability and service at any premises of cold sandwiches, hors d'oeuvres or other similar foods will not, standing alone, be deemed sufficient to constitute such premises as a restaurant within the meaning of this definition, it being the intent of this definition that the primary business conducted on premises to be licensed as restaurants under this chapter shall be the service of meals. Restaurants which are specifically not contemplated as qualifying for a restaurant license include, but are not limited to, fast food and carry-out establishments.

Retail sale means the sale for use or consumption, and not for resale.

Sale means any transfer, exchange or barter, in any manner or by any means whatsoever, for a consideration and not for resale, including all sales made by any person, or other governmental subdivisions or districts, which shall include, but which is not limited to, park districts and forest preserve districts, where the property upon which the transfer, exchange or barter, in any manner or by any means whatsoever, for a consideration and not for resale, is within the municipal boundaries of the city, except a person acting in the privacy of his home, or as part of a religious ceremony, whether as principal, proprietor, agent, servant or employee, and including, but not limited to, all of the following acts when done for consideration:

(1)

The selling of liquor;

(2)

The delivery of liquor, without additional charge, with a meal or with entertainment, or the providing of samples of liquor as part of a promotion or sale device of any kind;

(3)

The dispensing of liquor;

(4)

The providing of mix, ice, water, or glasses for the purposes of mixing drinks containing alcoholic liquor for consumption on the same premises;

(5)

The pouring of liquor;

(6)

The providing of set-ups containing alcoholic liquor.

Service counter means any counter at which alcoholic beverages may be prepared. No service of beverages or food to patrons is permitted at a service counter. The use of chairs, stools or other seating is not permitted at a service counter.

Shopping center means a group of retail businesses, with or without office or service uses, in one or more buildings that have a common architectural theme and common parking facilities.

Specialty foods means products including imported and gourmet cheeses, meats, baked goods, condiments, seasonings and novelty foods.

Wine means any alcoholic beverage obtained by the fermentation of natural contents of fruits or vegetables, containing sugar, including such beverages when fortified by the addition of alcohol or spirits.

(Code 1968, § 3-3; Code 1996, § 6-3; Ord. No. F-0047, § 1, 8-5-1996; Ord. No. F-0270, § 1, 8-17-1998; Ord. No. F-0638, § 1, 10-15-2001; Ord. No. F-0693, §§ 1—3, 4-1-2002; Ord. No. F-1441, § 1, 8-3-2009; Ord. No. F-1657, § 1, 8-20-2012; Ord. No. F-1904, § 1, 12-7-2015)

State law reference

Definitions, 235 ILCS 5/1-3 et seq.