The provisions of this article, except as to licensing and fees, shall apply to all public shows, theatricals, circuses and other amusements in the City, whether specifically licensed in another chapter of this Code or not.[1]
[1]
Editor's Note: Original §§ 33.02, License, and 33.03, Street shows, of the 1998 Code, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AMUSEMENT ARCADE
The operation by any person, firm, partnership or corporation of seven or more coin-operated amusement devices, for public use, or upon premises where the primary source of business is the operation of coin-operated amusement devices.
COIN-OPERATED AMUSEMENT DEVICE
Any amusement or video amusement machine or device operated by means of the insertion of a coin, token or similar object or which is rented on a time basis, for the purpose of amusement or skill and for the playing of which a fee is charged. This term does not include vending or health machines in which do not incorporate gaming or amusement features, nor video gaming terminals operated pursuant to the Video Gaming Act, 230 ILCS 40/1 et seq. ("the Act"), nor does the term include any coin-operated mechanical musical devices (otherwise known as "juke boxes"). The term shall also not include those devices licensed as billiard or pool tables. Nothing herein shall be construed to permit the use of any device prohibited by law or the use of any device in any manner prohibited by law.
[Amended by Ord. No. 05-21-12; Ord. No. 06-04-12]
DISTRIBUTOR
Any person, firm, corporation, partnership or association who or which sets up for operation by another, or leases or distributes for the purpose of operation by another, any amusement device as herein defined, whether such setting up for operation, leasing or distributing be for a fixed charge or rental, or on the basis of a division of the income derived from such device, or otherwise. A distributor shall also include any person, firm, corporation, partnership or association who or which owns and operates for his or its own use more than one amusement device. A distributor shall not be defined to include an individual business or proprietor who leases, rents, or shares in a division of the income derived from an amusement device, which such device is owned by another who is classified as a distributor within the terms of this article. Further, a distributor shall not be defined as licensed under the Video Gaming Act, 230 ILCS 40/1 et seq., to buy, sell, lease, or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators.
[Amended by Ord. No. 05-21-12; Ord. No. 06-04-12]
B. 
Coin-operated amusement devices.
(1) 
License required.
(a) 
No person shall operate or maintain a coin-operated amusement device within the City of Mendota without first having obtained a license therefor. Licenses shall be issued upon payment of the license fee set forth herein. The application for such license shall contain the following information:
[1] 
Name, address, telephone number and state sales or occupational tax number of the licensee.
[2] 
Type of primary business conducted by licensee.
[3] 
Name, address and telephone number of the owner, partners, or officers of the proprietorship, partnership or corporation licensee.
[4] 
The number of amusement devices to be licensed, the denomination of coin used to operate said devices and the name and address of the owner or supplier of said device or devices.
[5] 
A sworn statement that the licensee, its owners, partners or officers have never been convicted of or pleaded no contest to a crime of moral turpitude, or have never been convicted of a felony, or unsuccessfully defended in a criminal or civil proceeding charging fraud, misrepresentation or unscrupulous business conduct.
(b) 
No such license shall be issued until the Chief or Police or his deputies have investigated the location wherein the machines or devices are proposed to be operated and have determined that the proposed operation of the machines or devices complies with all the terms of this and other ordinances of the City.
(2) 
Limitations.
(a) 
No license shall be issued to any person authorizing the use of more than six coin-operated amusement machines or devices in any one location, unless such is categorized as an arcade.
(b) 
The operation of coin-operated amusement devices may not be the principal or primary business in any such location, and their use must be secondary or incidental to the main or principal occupation or business being conducted or to be conducted by the licensee in or upon said establishment.
(c) 
No licensed coin-operated amusement device may award more than 10 free replays at any time.
(d) 
No licensed coin-operated amusement device may be equipped with a "knock-off" button or switch allowing for the automatic termination of accumulated free plays.
(3) 
License fee. The annual license fee for each coin-operated amusement device shall be set from time to time by the City Council, payable upon application for the license. The license for any such coin-operated amusement machine may be transferred from one coin-operated amusement device to another coin-operated amusement device, provided such coin-operated amusement devices are of a similar nature, upon filing a transfer record and payment of a transfer fee as set from time to time by the City Council. Upon filing such transfer and payment of such transfer fee, the City Clerk shall issue a new license. Said license fee may be prorated for fractional periods of the calendar year.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Display of license. The license or licenses herein provided for shall be posted permanently and conspicuously at the location of the premises wherein the machines or devices are to be operated or maintained.
(5) 
Gambling. No coin-operated amusement device shall be operated or permitted to be used in such a manner as to violate the gambling laws of the City or of the State of Illinois.
C. 
Arcades.
(1) 
License required. It shall be unlawful for any person, firm, partnership or corporation to permit the operation of any amusement arcade on any premises within the City, unless a license first has been obtained for the amusement arcade.
(2) 
Nuisance. No coin-operated amusement device or coin-operated musical device shall be operated within an amusement arcade so as to constitute a nuisance.
(3) 
Sworn application. An amusement arcade license shall be issued only upon payment of the state fee, and a sworn application by the person, firm, partnership or corporation seeking the license. In case the applicant is a partnership, all partners must sign and verify the application. In case the applicant is a corporation, all officers must sign and verify the application and indicate their official position. The information required in the application form must be furnished as to each person signing the application.
(a) 
Each application shall contain the following information:
[1] 
The applicant's full name.
[2] 
The applicant's residence address.
[3] 
The applicant's business address.
[4] 
The address of the proposed amusement arcade.
[5] 
The sales or occupational tax number of the licensee.
[6] 
The name and address of every person who has any interest in the amusement arcade, and the nature of that interest.
[7] 
Whether or not the applicant has been convicted of any felony, or of pandering, gambling, operating a gambling device, operating a gaming house or being a keeper of a place of prostitution, or other misdemeanor.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8] 
Whether or not the applicant is at the time of making the application keeping or in any way connected with a gambling house or a place of prostitution.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[9] 
Whether or not the applicant, or his or her spouse, or any member of the applicant's household is a member or employee of the Police Department of the City of Mendota; whether or not any member or employee of the Police Department of the City of Mendota is interested in any way, either directly or indirectly, in the license applied for, the devices, or the operation of the same; and whether or not the applicant has received or borrowed money or anything else of value or accepted credit from any member or employee of said Police Department, or the spouse or any member of the household of any such member or employee.
[10] 
A statement that the applicant, if requested by the Mayor, will permit a record of his fingerprints to be made by the Police Department of the City of Mendota for the purpose of additional investigation to determine whether or not the application should be granted.
(b) 
Such application shall be filed with the City Clerk of the City of Mendota and forwarded by him to the City Council for consideration. A person, firm, partnership or corporation making application for an amusement arcade operator's license in the manner set forth herein shall be issued a license by the City Clerk upon approval of the application by the City Council. All applications for licenses required by this article shall be submitted to the City Council, which shall have the power to grant or refuse any such licenses.
(4) 
Police investigation. No license shall be issued until the Chief of Police or his deputies have investigated the location wherein the machines or devices are proposed to be operated and have determined that the proposed operation of machines or devices complies with all the terms of this and other ordinances of the City of Mendota.
(5) 
Prohibited machines. No licensed coin-operated amusement device may award more than 10 free replays at any time or be equipped with a "knock-off" button or switch allowing for the automatic termination of accumulated free plays.
(6) 
Gambling. No amusement arcade license shall be issued to any person who has been convicted of conducting gambling activities or to any corporation or partnership, a member or principal shareholder of which has been convicted of conducting gambling activities. No gambling activities shall be conducted on the premises of amusement arcades licensed under this article.
(7) 
Attendant on duty. There shall be provided a full-time attendant, over the age of 21 years, upon the premises of an amusement arcade during the normal business hours.
(8) 
Duration. The amusement arcade's license shall be for a twelve-month period corresponding with the City of Mendota's fiscal year commencing May 1.
(9) 
License fee. The amusement arcade operator's license fee shall be set from time to time by the City Council. In addition to the amusement arcade operator's license fee, there is hereby imposed on every coin-operated amusement device within the amusement arcade a sum as set from time to time by the City Council for every transfer of or replacement of any such machines. No proration of the annual license fee shall be made for periods of operation less than one year.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(10) 
Privilege. The license required and described in this article shall be a purely personal privilege and shall not constitute property. It is not transferable in any manner.
(11) 
Posting of license. Every amusement arcade licensed under this article shall have its license posted on the premises in plain view.
(12) 
Revocation. The Mayor shall have the right to revoke any license issued hereunder for the violation of any of the provisions of this article.
(13) 
No alcoholic beverages. No sale or consumption of alcoholic beverages shall be permitted on the amusement premises.
D. 
Distributors.
(1) 
It shall be unlawful for any person, firm, corporation, partnership or association to distribute or cause to be distributed any amusement device within the municipal limits of the City without first having obtained a distributor's license.
(2) 
Application for a distributor's license shall be made to the City Clerk and shall set forth the full name and address of the applicant or applicants, or the names and addresses of the partners if the applicant is a partnership or the names and addresses of the officers of the corporation if the applicant is a corporation, and the present or last occupation of the applicant at the time of the filing of the application. The application shall be signed by the applicant.
(3) 
The application for a distributor's license shall be referred by the City Clerk to the Committee on Finance, Ordinance, Building and Zoning of the City Council, and said Committee shall investigate the applicant and shall make its report and recommendation on the application to the Mayor.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Each application for a distributor's license issued hereunder shall be accompanied by an annual fee as set from time to time by the City Council, and said fee shall be paid to the City Clerk at the time application is made.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
A distributor's license shall be issued for the period May 1 to April 30, inclusive, of each year.
(6) 
Upon approval of the application for a distributor's license by the Mayor, with the consent and approval of the City Council, the distributor's license shall be issued.
(7) 
The distributor's license may be issued for any fractional portion of a license year of not less than one month, and the distributor's license fee shall be prorated accordingly. Said distributor's license shall not be assignable or transferable, and there shall be no rebate on any distributor's license which is terminated before the end of the license period.
(8) 
Any distributor's license issued under this subsection shall be subject to revocation or suspension for violation of any ordinance of the City or just cause by the Mayor with the consent and approval of the City Council. The licensee shall first, however, be given an opportunity to be heard after due notice, and a determination shall be made. The acceptance of any license under this subsection shall constitute an agreement between the parties to such license that the same may be so revoked.
(9) 
It shall be unlawful for any person, firm, corporation, partnership or association to violate any provision of this article.
(10) 
Further, a distributor shall not be defined as licensed under the Video Gaming Act, 230 ILCS 40/1 et seq., to buy, sell, lease, or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators.
[Added by Ord. No. 05-21-12; amended by Ord. No. 06-04-12]
E. 
Video gaming.
[Added by Ord. No. 05-21-12; amended by Ord. No. 06-04-12; Ord. No. 04-06-15A; Ord. No. 02-22-22; Ord. No. 04-15-24]
(1) 
Applicability of provisions. The provisions of this subsection, except as otherwise provided, shall apply to all video gaming as hereinafter defined, whether specifically licensed or regulated under other provisions of this code or other ordinances, or not.
(2) 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
BOARD
The Illinois Gaming Board.
COMMERCIAL MOTOR VEHICLES
As defined in Section 18b-101 of the Illinois Vehicle Code, 625 ILCS 5/18b-101.
LICENSED ESTABLISHMENT
Any business licensed by the State of Illinois to have or operate a video gaming device in the City, including any licensed fraternal establishment, licensed veterans establishment, licensed truck stop establishment and licensed large truck stop establishment as those terms are defined in the VGA, 230 ILCS 40/5.
LICENSED FRATERNAL ESTABLISHMENT
The location where a qualified fraternal organization that derives its charter from a national fraternal organization regularly meets.
LICENSED LARGE TRUCK STOP ESTABLISHMENT
A facility located within three road miles from a freeway interchange, as measured in accordance with the Department of Transportation's rules regarding the criteria for the installation of business signs: i) that is at least a three-acre facility with a convenience store; ii) with separate diesel islands for fueling commercial motor vehicles; iii) that sells at retail more than 50,000 gallons of diesel or biodiesel fuel per month; and iv) with parking spaces for commercial motor vehicles. The requirement of item iii of this definition may be met by showing that estimated future sales or past sales average at least 50,000 gallons per month.
LICENSED TRUCK STOP ESTABLISHMENT
A facility i) that is at least a three-acre facility with a convenience store; ii) with separate diesel islands for fueling commercial motor vehicles; iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month; and iv) with parking spaces for commercial motor vehicles. The requirement of item iii of this definition may be met by showing that estimated future sales or past sales average at least 10,000 gallons per month.
LICENSED VETERANS ESTABLISHMENT
The location where a qualified veterans organization that derives its charter from a national veterans organization regularly meets.
VIDEO GAMING TERMINAL
Any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including, but not limited to, video poker, line up and blackjack, as authorized by the Board, utilizing a video display and microprocessors, in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash or tokens or is for amusement purposes only.
(3) 
License.
(a) 
No person, either as owner, lessee, manager, officer or agent, or in any other capacity, shall operate or permit to be operated any video gaming terminal, as defined herein, at any premises within the City without first having obtained a video gaming license from the City. The license provided for in this subsection shall permit a licensee to operate video gaming terminals at the specified establishment.
(b) 
No applicant, including any person, either as owner, lessee, manager, officer or agent, shall be eligible for a video gaming license from the City, nor shall an existing license holder be entitled to maintain a video gaming license, unless each of the following requirements are met and continue to be met:
[1] 
The applicant holds the appropriate certificate or license from the State of Illinois permitting video gaining and is in good standing with same;
[2] 
The establishment has been in operation at the location for at least six months at the time the application is filed;
[3] 
The applicant is not in arrears in any tax, fee or bill due to the City or State of Illinois;
[4] 
The applicant has completed and complies with all the application requirements set forth in Subsection E(4) of this section and is not disqualified due to a felony, gambling offense, or crime of moral turpitude; and
[5] 
The establishment is located outside of a residential zoning district.
(c) 
A new establishment must meet the requirements of Subsection E(3)(b)[2], unless the applicant is also a current majority owner of an existing business at another location that has been in operation for at least six months and the business model for the new establishment is proposed to replicate the existing business location and the applicant can provide satisfactory evidence detailing that, in the last twelve-month period, video gaming net terminal income at the other business location did not exceed 80% of the gross revenues.
(d) 
The Mayor shall be the approving authority for all licenses. In the event a licensee or prospective licensee disagrees with any action taken by the Mayor, an appeal may be made directly to the City Council at its next regularly scheduled meeting after written notice of the action from which an appeal is made.
(4) 
License application requirements. The license applicant shall provide the following information to the City on a form provided by the City:
(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 type of establishment, including whether it is classified as a veteran, fraternal, regular truck stop, large truck stop or liquor establishment and supporting documentation demonstrating the classification;
(e) 
A floor plan, drawn to scale using a computer, detailing the overall layout of the establishment, including the location and count of dining seating, the location and count of video gaming terminals and seating for said terminals, and other significant features of the establishment, including exit locations, restrooms and other equipment. A high-resolution electronic copy of the floor plan as well as a paper printed copy (no smaller than 11 inches by 17 inches) shall be submitted at the time of application; hand-drawn floor plans and floor plans not including a scale will not be accepted;
(f) 
The amount of time the establishment has been in business under the ownership of the applicant at the location where video gaming is proposed to take place;
(g) 
The business office address of the establishment if different from the address of the establishment;
(h) 
In the case of a corporation, limited-liability company or trust, the name and address of an agent authorized and designated to accept service on behalf of the licensee;
(i) 
A phone number for the establishment;
(j) 
An email address for the establishment;
(k) 
The name and address of every person owning more than a 5% share of the establishment;
(l) 
The name, address, phone number and email address of any terminal operator or distributor proposed to own, service or maintain video gaming terminals at the establishment;
(m) 
A copy of the establishment's State of Illinois video gaming license;
(n) 
In the case of a corporation, limited-liability company or partnership, a copy of the establishment's state certificate of good standing;
(o) 
A statement as to the number of video gaming terminals which the establishment proposes to have on its premises (not to exceed five for all establishments);
(p) 
A statement that the establishment is not in arrears in any tax, fee or bill due to the City or State of Illinois;
(q) 
A statement that the establishment agrees to abide by all state and federal laws and any local ordinance;
(r) 
A statement that no manager or owner with more than 5% interest in 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 City 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 City 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 been rehabilitated such that he or she is no longer likely to commit another offense;
(s) 
If the application is for a new establishment based on the business model of another existing location, information regarding the existing business location must be provided, including the type of business, the gross receipts as compared to any video gaming revenue for the prior twelve-month period, proof of the length of time the existing business has been operational and proof of ownership verifying the applicant's ownership rights;
(t) 
For renewal applications, a report or reports showing its gross annual revenue for the previous calendar year by category of revenue generated and showing the percentage of gaming revenue payable to the establishment as compared to the total gross revenues of the establishment.
(5) 
Application filing; renewals.
(a) 
Applications shall be processed by the City Clerk on a first-come-first-served basis. Every application shall be date and time stamped upon fling. An application received in the mail shall be considered filed on the date and time it is opened by the City Clerk's Department.
(b) 
Every video gaming license holder shall be required to file a renewal application, which may contain the same or similar information as set forth in Subsection E(4). Renewal applications shall be due on or before April 10, unless that day falls on a holiday, in which case the application maybe received by the Clerk on the following business day.
(6) 
License fees.
(a) 
The fee for operation of a video gaming terminal shall be $250 per terminal annually. The cost of this fee shall be shared equally between the terminal operator and the applicable licensed establishment.
(b) 
The application fee is not subject to reimbursement or refund upon denial of a license.
(c) 
Said fees are not subject to proration or refund and are due prior to issuance of the license.
(d) 
All licenses required by this subsection shall be prominently displayed next to the video gaming terminal.
(7) 
License revocation or suspension.
(a) 
The Mayor, at any time, may notify any licensee under this subsection within five business days of any charge of a violation of any of the provisions of this Article in connection with the operation of any video gaming terminal. After a hearing presided over by the Mayor, the Mayor may order the revocation of the license upon a finding that the violation has occurred, and the license shall thereupon be terminated. The licensee may appeal the revocation as prescribed in Subsection E(3)(d).
(b) 
In the event of the revocation or denial of any license or registration under this subsection, such person shall not be issued any license provided for in this subsection for one calendar year following the revocation or any appeal thereof.
(8) 
Limitation on number of video gaming licenses. There shall be no more than 27 establishments licensed to operate video gaming terminals in the City at any given time.
(9) 
Limitation on number of video gaming terminals on premises.
(a) 
There shall be no more than six video gaming terminals allowed and permits issued therefor under this subsection for each licensee at any one location, other than a licensed large truck stop establishment.
(b) 
There shall be no more than 10 video gaming terminals allowed and permits issued therefor under this subsection for each licensee at any licensed large truck stop establishment.
(10) 
Prohibition. Except as otherwise excepted in this subsection, it shall be unlawful for any person to gamble within the corporate limits of the City, or for any person or entity which owns, occupies or controls an establishment within the City to knowingly permit others to gamble on the premises.
(11) 
Exceptions. Nothing in this subsection shall be deemed to prohibit or make unlawful the following activities or forms of gambling: the keeping, possession, ownership, use or playing of a video gaming terminal in a licensed establishment, licensed truck stop establishment, licensed fraternal establishment or licensed veterans establishment which is licensed by the Board to conduct or allow such specific activities under the VGA, 230 ILCS 40/1 et seq.
(12) 
Licensed establishments. Any business, liquor or food licensee within the corporate limits of the City that allows gambling to occur on premises in violation of this subsection shall be subject to having his/her/its license immediately revoked for a period of 60 days. Any business, liquor or food licensee within the corporate limits of the City that allows gambling to occur on premises in violation of this subsection a second time shall have his/her/its license permanently revoked and, thereafter, barred from obtaining any business, liquor or food license within the City.
(13) 
Seizure of unauthorized gambling devices and gambling funds. Any gambling device which is not authorized by this subsection shall be subject to immediate seizure and confiscation by the City. Any money or other thing of value intrinsically related to acts of gambling not authorized by this subsection shall be seized and forfeited as contraband. Disposition of such gambling devices and funds seized or confiscated shall be made in accordance with the law.
The audience of any amusement, show or theatrical must be orderly and quiet at all times, and it shall be unlawful for any person attending such amusement, show or theatrical to create a disturbance in the audience. It shall be unlawful to permit or gather such a crowd to witness any amusement or show so as to create a dangerous condition because of fire or other risks.
[1]
Editor's Note: Original § 33.05, Athletic exhibitions, of the 1998 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be the duty of the Chief of Police to see that every exhibition, amusement, theatrical or other public show or amusement is inspected by a member of the Police Department, and to ensure conformity with the provisions concerning such amusements.
It shall be unlawful for any person to present, exhibit, conduct or take part in any indecent show, theatrical, play, motion picture, exhibition or other form of public amusement or show.
It shall be unlawful to present any public amusement or show of any kind which tends to or is calculated to cause or promote any riot or disturbance.[1]
[1]
Editor's Note: Original §§ 33.10, Smoking, 33.11, Exit lights, and 33.12, Billiard rooms, of the 1998 Code, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
NET PROCEEDS
The gross receipts from the conduct of raffles, less reasonable sums expended for prizes, local license fees and other reasonable operating expenses incurred as a result of operating a raffle.
RAFFLE
A form of lottery, as defined in Section 28-2(b) of the Criminal Code of 2012 (720 ILCS 5/28-2), conducted by an organization licensed under 230 ILCS 15/2, in which:
(1) 
The player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or by some medium, one or more of which chances is to be designated the winning chance;
(2) 
The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of acts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.
B. 
License required. It shall be unlawful for any person, firm or corporation to conduct raffles without having first obtained a license therefor pursuant to this section. The license and application for license shall specify the area or areas within the City of Mendota in which the raffle chances will be sold or issued, the time period during which raffle chances will be sold or issued, the time of determination of winning chances and the location or locations at which winning chances will be determined. The license application submitted to the City must contain a sworn statement attesting to the not-for-profit character of the prospective licensee organization, signed by the presiding officer and the secretary of that organization.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Licenses issued. Licenses shall be issued to bona fide religious, charitable, labor, fraternal, educational or veterans' organizations that operate without profit to their members and which have been in existence continuously for a period of five years immediately before making application for license and which have had during that entire five-year period a bona fide membership engaged in carrying out their objectives, or to a nonprofit fund-raising organization that the licensing authority determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardship as the result of an illness, disability, accident or disaster.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Sale of raffle. The sale of raffle chances shall be conducted only within the borders of the City.
E. 
Restrictions on raffles.
(1) 
The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the organization permitted to conduct that game.
(2) 
No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
(3) 
No person may receive any remuneration or profit for participating in the management or operation of the raffle.
(4) 
A licensee may rent a premises on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this section.
(5) 
Raffle chances may be sold or issued only within the area specified on the license, and winning chances may be determined only at those locations specified on the license.
(6) 
No person under the age of 18 years may participate in the conducting of raffles. A person under the age of 18 years may be within the area where winning chances are being determined only when accompanied by his parent or guardian.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(7) 
The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle shall not exceed $100,000.[4]
[4]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(8) 
The maximum retail value of each prize awarded by a licensee in a single raffle shall not exceed $100,000.[5]
[5]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(9) 
The maximum price which may be charged for each raffle chance issued or sold may not exceed $100.[6]
[6]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(10) 
The maximum number of days during which chances may be issued or sold may not exceed 365 days.[7]
[7]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Gross receipts. Each organization licensed to conduct raffles shall segregate its gross receipts from other revenues of the organization and shall keep records of said gross receipts, expenses and net proceeds and may be required to file the same with the City of Mendota.
G. 
The following are ineligible for any license:
(1) 
Any person who has been convicted of a felony.
(2) 
Any person who has been a professional gambler or gambling promoter.
(3) 
Any person who is not of good moral character.
(4) 
Any firm or corporation in which a person defined in Subsection G(1), (2) and (3) has a proprietary, equitable or credit interest, or in which such a person is active or employed.
(5) 
Any organization in which a person defined in Subsection G(1), (2) and (3) is an officer, director, or employee, whether compensated or not.
(6) 
Any organization in which a person defined in Subsection G(1), (2) and (3) is to participate in the management or operation of a raffle as defined in this section.
H. 
Suspension and revocation of license.
(1) 
Violation of any provision of this section or of 230 ILCS 15/1 through 15/8 shall constitute a Class C misdemeanor. In addition, the City may suspend or revoke any license granted hereunder.
(2) 
Any person, firm or corporation conducting raffles shall comply with all of the provisions of 230 ILCS 15/1 through 15/8, as amended from time to time.
Any person violating any provision of this chapter shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).