§ 10-2. 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:

Alcohol means the product of distillation of any fermented liquid, whether refortified or diluted, whatever may be the origin thereof, and includes synthetic ethyl alcohol, but not including denatured alcohol or wood alcohol.

Alcoholic liquor means any 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 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 Congress and regulations promulgated thereunder, nor to any liquid or solid containing one-half of one percent, or less, of alcohol by volume.

Applicant means an individual, co-partnership or corporation which seeks to be licensed under the provisions of this chapter. In the case of a club, applicant shall mean the officers, directors and person operating as manager, and in the case of a corporation, it shall mean the officers, directors, all persons owning directly or beneficially more than five percent of the stock of such corporation and the person operating as manager of the premises.

Bar means a counter upon or over 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, porter and the like.

Café means a place of business licensed under chapter 24 whose primary purpose is the sale of coffee and other non-alcoholic beverages along with baked goods, sandwiches or light meals.

Club means a not-for-profit corporation organized under the laws of the State, solely for the promotion of some common object other than the sale or consumption of alcoholic liquors, which shall have been in operation in the village for two years prior to applying for a liquor license, 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 for cooking, preparing and serving complete meals for its members and their guests; and further provided 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, 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.

Hotel means a building offering transient lodging accommodations to the general public for compensation, and which may provide additional accessory services such as restaurants, food and beverage service, meeting rooms, sundries shops, salons, and fitness and recreational facilities.

Keg means any original package container capable of holding more than three gallons of beer.

Local Liquor Control Commissioner means when, in this chapter the Local Liquor Control Commissioner shall be referred to, it shall include any committee or other agency appointed by such Local Liquor Control Commissioner.

Manufacture means to distill, rectify, ferment, brew, make, mix, concoct, process, blend, bottle or fill an original package with any alcoholic liquor, whether for one's self or for another, and includes blending but does not include the mixing or other preparation of drinks for serving by those persons authorized and permitted by law to serve drinks for consumption on the premises where sold. All containers or packages 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.

Mixed use premises means premises which are operated, directly or indirectly, by the same person, firm or corporation and which are internally subdivided or arranged so as to create the impression to the public that two or more separate lines of business are being conducted.

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.

Package store means a place of business having not less than 4,400 square feet of retail display area in which the premises are used primarily or exclusively for the retail sale of alcoholic liquors in original packages for consumption off the premises where sold.

Restaurant means a place of business licensed under chapter 24, without sleeping accommodations, whose primary purpose is the sale and on-site consumption of meals and beverages on non-disposable tableware, where meals are actually and regularly served or consumed 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 or luncheon menus, at which the service of alcoholic beverages is incidental and complementary to the service of such meals. Without limiting the generality of the foregoing, the term "restaurant," within the meaning of this chapter, does not include any of the following:

(1)

Lounges, luncheonettes, diners, cafes, drive-ins.

(2)

Any establishment that has less than either:

a.

350 square feet of table seating area for customers dining in; or

b.

400 square feet of kitchen and food preparation area.

(3)

Any establishment with less than 25 seats at tables at which customers dining in may be served.

Retail food shop means a place of business having less than 6,000 square feet of store area or less than 3,800 square feet of retail display area in which food and food products are the principal line of merchandise sold.

Retail food store means a place of business having 6,000 or more square feet of total store area and 3,800 or more square feet of retail display area in which food and food products are the principal line of merchandise sold.

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 a person, and also includes soliciting or receiving an order for keeping or exposing for sale, and keeping with intent to sell.

Sale at retail means sales for use or consumption and not for resale in any form.

Sale of a keg means any sale of beer in a keg, even though the keg is to be returned by the purchaser to the seller.

Specialty restaurant and gourmet products retailer means a single place of business of no more than 2,500 square feet, licensed under chapter 24, without sleeping accommodations, that on the same premises both:

(1)

Operates as a place where complete meals are served, and where complete meals are actually and regularly served, such space being provided with adequate and sanitary kitchen and dining room equipment and having employed in such space a sufficient number and kind of persons to prepare, cook and serve food for its patrons 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 no more than 30 patrons may be served at a scheduled seating, where food is served to patrons while they are seated at tables or at a counter using non-disposable dishes, glassware and utensils, and at which the service of alcoholic beverages is incidental and complementary to the service of such meals, and where the premises does not contain a bar or counter used solely for serving alcoholic beverages to customers located in a waiting area; and

(2)

Displays and offers for sale at retail gourmet foods, food products, and food preparation utensils and equipment.

Specialty restaurant with limited wine service means a single place of business licensed as a restaurant under chapter 24 which serves a limited menu of specialty gourmet desserts, chocolates, confections, pastries and similar items to patrons seated at tables using non- disposable dishes, glassware and utensils, and at which the service of wine, including sparkling wines, is incidental and complementary to the service of such gourmet items consumed on the premises, and where the premises does not contain a bar or counter used solely for serving alcoholic beverages.

Theater means a business whose primary purpose is the public exhibition of motion pictures, or public presentation of live musical, comedic, dramatic or other theatrical entertainment.

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, as defined above.

(Code 1993, § 11-2; Ord. No. 75-O-3, 1-7-1975; Ord. No. 82-O-28, 6-15-1982; Ord. No. 83-O-7, 3-15-1983; Ord. No. 84-O-4, 3-20-1984; Ord. No. 92-O-66, 10-20-1992; Ord. No. 99-O-15, 3-9-1999; Ord. No. 2001-O-72, 11-13-2001; Ord. No. 2001-O-73, 11-13-2001; Ord. No. 2005-O-101, 11-21-2005; Ord. No. 2006-O-9, 3-28-2006; Ord. No. 2006-O-40, 5-23-2006; Ord. No. 2007-O-94, 12-11-2007; Ord. No. 2009-O-19, 3-10-2009; Ord. No. 2013-O-51, 10-8-2013; Ord. No. 2015-O-35, 8-25-2015; Ord. No. 2018-O-58, § 2, 9-25-2018)