[Amended 9-27-2010 by Ord. No. 10-5; 6-29-2020 by Ord. No. 20-6]
Whenever used herein, unless context otherwise requires, the
following words, terms or phrases shall have the meanings ascribed
to them in this section:
Shall have the same meaning as ascribed in the State of Illinois
Video Gaming Act, 230 ILCS 40/5 et seq., and any successor statute.
Any business licensed by the State of Illinois to have or
operate a video gaming device in the Village of Harristown and shall
include any "licensed establishment," "licensed fraternal establishment,"
"licensed veterans establishment" and "licensed truck stop establishment"
as those terms are defined in the State of Illinois Video Gaming Act,
230 ILCS 40/5 et seq., and any successor statute.
Shall have the same meaning as ascribed in the State of Illinois
Video Gaming Act, 230 ILCS 40/5 et seq., and any successor statute.
Shall have the same meaning as ascribed in the State of Illinois
Video Gaming Act, 230 ILCS 40/5 et seq., and any successor statute.
No establishment shall have on its premises any video gaming
terminal without first obtaining a license and paying the appropriate
fee.
Application shall be made as required to the Village of Harristown
and shall state the following:
(A)
The legal name of the establishment;
(B)
The business name of the establishment;
(C)
The address of the establishment where the video gaming terminals
are to be located;
(D)
The business office address of the establishment if different from
the address of the establishment;
(E)
A phone number for the establishment;
(F)
An email address for the establishment, if any;
(G)
The name and address of every person owning more than a 5% share
of the establishment;
(H)
The name, address, phone number and email address (if any) of any
terminal operator or distributor owning, servicing or maintaining
a video gaming terminal;
(I)
A copy of the establishment's State of Illinois video gaming license;
(J)
A statement as to the number of video gaming terminals which the
establishment will have on its premises;
(K)
A statement that the establishment is not in arrears in any tax,
fee or bill due to the Village of Harristown or State of Illinois;
(L)
A statement that the establishment agrees to abide by all state and
federal laws and any local ordinance;
(M)
A statement that no owner with more than a 5% interest or manager
of the establishment has ever been convicted of a felony, a gambling
offense, or a crime of moral turpitude. In the event that an establishment
cannot provide such statement, the establishment may apply for a certificate
of rehabilitation from the Mayor indicating that the individual who
would disqualify the establishment from obtaining the video gaming
license has been rehabilitated and is no longer a threat to violate
the law. The Mayor may consider the nature of the offense, the length
of time since the offense, the length of time since release from custody
and other factors to determine if the individual has rehabilitated
himself such that he is no longer likely to commit another offense.
The fee for a state-licensed gaming license shall be $50 per
video terminal per year. Video gaming licenses shall be issued by
the Village of Harristown and shall be for a twelve-month period commencing
on the first day of January of each year. There shall be no proration
of any fee except for new licensees.
No establishment shall have on its premises more video gaming
terminals than are permitted by the video gaming license.
No establishment shall permit the use of a video gaming terminal
in any manner not authorized by state law, including, but not limited
to, improper location of terminals, lack of required oversight, payouts
in excess of those provided by law, side bets, underage use, and other
illegal gambling activities.
Any action by an employee of an establishment in violation of
the provisions of this article shall be considered a violation committed
by the establishment.
(A)
Any video gaming license may be revoked, after notice and hearing
by the Mayor or his or her designee, for any of the following reasons:
(1)
Failure to pay the video gaming license fee;
(2)
Violation of any law occurring on the establishment's premises
committed by the establishment or an employee of the establishment;
(3)
Violation of any law or state regulation regarding video gaming
or video gaming terminals;
(4)
Violation of any law occurring on the establishment's premises
which the establishment did not take adequate means to prevent, or
did not respond in an appropriate manner after it became aware of
such violation;
(5)
Failure to pay any tax, fee or bill due to the Village of Harristown;
(6)
Failure to provide current information regarding the ownership
or location of the business.
(B)
The rules of evidence shall not apply at the hearing, and hearsay
will be permitted. At the hearing, the Mayor, or his or her designee,
shall determine by a preponderance of the evidence whether a lawful
reason exists to revoke the license. The Mayor, or his or her designee,
after determining that a lawful reason exists to revoke the license,
shall also determine whether that lawful reason merits the sanction
of a revocation of the license.
The holder of a video gaming license is hereby required to make
available for inspection by police officers of the Village of Harristown
any part of the premises.
Any person, firm or corporation who shall violate any provision
of this chapter shall be fined not less than $250 nor more than $500
for each offense, and each day of a continuing violation shall be
deemed a separate offense. The penalties or remedies provided herein
shall be cumulative and resort to any one or more shall be no defense
to prosecution of another.
