[Adopted 5-28-2013 by Ord. No. 13-034; amended in its entirety 11-22-2016 by Ord. No. 16-053]
As used in the article, the following terms shall have the meanings
indicated:
Any licensed retail establishment where alcoholic liquor
is drawn, poured, mixed, or otherwise served for consumption on the
premises, whether the establishment operates on a nonprofit or for-profit
basis. This definition does not include video gaming cafes as defined
herein.
[Added 12-20-2021 by Ord.
No. 21-056]
[Added 12-20-2021 by Ord. No. 21-056]
A facility:
That is at least a three-acre facility with a convenience store;
With separate diesel islands for fueling commercial motor vehicles;
That sells at retail more than 10,000 gallons of diesel or biodiesel
fuel per month; and
With parking spaces for commercial motor vehicles, as the term
"commercial motor vehicles" is defined in Section 18(b)-101 of the
Illinois Vehicle Code.[1]
The requirement of Subsection A(3) of this definition may be
met by showing the estimated future sales or past sales average at
least 10,000 gallons per month.
Any place kept, used, maintained, advertised, and held out
to the public as a place where meals are cooked and prepared in an
adequate and sanitary kitchen located on the licensed premises using
stoves, ovens, fryers, and related equipment located on the licensed
premises and which are protected by a fire protection system that
conforms with the Village Code. The sale of packaged food such as
potato chips, pretzels, popcorn, peanuts, or other similar snacks
or frozen or premade foods such as pizzas, hamburgers, or sandwiches
which can be prepared by heating or warming in an oven shall not be
considered food prepared and served on premises, as required herein.
An establishment whose primary or major focus is video gaming
and the service of alcohol and food is incidental to the operation
of video gaming. The following factors may be considered when determining
if the establishment is a video gaming cafe:
Does not meet the definition of "restaurant" as provided herein;
An expected revenue to be at least 60% of its gross revenue
on an annual basis exclusively from video gaming activities, which
can be certified by request from the Village for pertinent business
records to verify the certification included but not limited to financial
statements, business financial reports, State of Illinois tax information,
or any other record deemed acceptable by the Village.
[1]
Editor's Note: See 625 ILCS 5/1-111.8.
[Amended 6-28-2017 by Ord. No. 17-042; 12-20-2021 by Ord. No. 21-056; 1-12-2022 by Ord. No. 22-003; 4-10-2024 by Ord. No. 24-018]
No person shall have or keep a video gaming terminal or device
in any public place or place of public resort unless the Village license
fees as set forth herein are paid and a valid license is issued and
maintained in force by the State of Illinois. All establishments eligible
for a video gaming premises license shall meet the definitions of
"licensed establishment," "licensed truck stop establishment," or
"restaurant," as provided herein, and also contain a minimum area
of 2,000 square feet in order to be eligible for a Village Video Gaming
Premises license. Any establishment already in possession of a Village
Video Gaming Premises license at the time of the passage of this article,
whose premises do not contain a minimum area of 2,000 square feet,
shall be grandfathered in as legal nonconforming.
[Amended 4-10-2024 by Ord. No. 24-018]
Annual license fees as set forth in § 83-56 of this article, are payable to the Village. The annual fees shall be due and payable on the first day of January of each year. All issued licenses shall expire on the 31st day of December of that year. These fees are not in lieu of any fee or payment payable to the state or the Illinois Gaming Board. There will be no prorating of the fee during the calendar year. Specifically, the annual fee for video gaming terminals or devices shall be for each video gaming terminal or device.
[Amended 4-10-2024 by Ord. No. 24-018]
The applicant must obtain proper state licenses and exhibit proof of said licenses prior to the issuance of a license pursuant to this article. Upon approval of the application and payment of the annual license fees as set forth in § 83-56 of this article, the Village shall issue a certificate to the establishments bearing the notation "Village of Homer Glen Video Gaming Premises License for (insert the year)." One license shall be issued for each establishment and list the number of video gaming terminals licensed for said establishment and it shall be affixed in a conspicuous place.
[Amended 7-26-2017 by Ord. No. 17-049; 7-10-2019 by Ord. No. 19-029; 12-20-2021 by Ord. No. 21-056]
A.
Video gaming cafes. A video gaming cafe, as defined herein, shall
not be qualified to obtain any existing classification of Homer Glen
liquor licenses and is prohibited from becoming a licensed video gaming
establishment within the Village. Any existing licensed video gaming
establishment that meets the definition of "video gaming cafe," as
defined herein, at the time of passage, shall be considered "legal
nonconforming" and cannot expand or relocate. Any legal nonconforming
establishments that may be sold may continue to operate as a legal
nonconforming video gaming cafe, provided that the establishment cannot
expand or relocate. The Village of Homer Glen reserves the right to
audit any establishment, via a request for pertinent business records
to verify the certification included but not limited to financial
statements, business financial reports, State of Illinois tax information,
or any other record deemed acceptable by the Village with a video
gaming license, to ensure that all licensed establishments conform
to the Village Code.
All video gaming devices or terminals shall at all times be
kept, placed, operated and monitored pursuant to state laws and applicable
regulations including, but not limited to:
A.
Prohibiting the gaming area to persons under 21 years of age and
to restrict access to individuals who are visibly intoxicated.
B.
Video gaming terminals shall be placed in an area restricted to individuals
age 21 or over. If individuals under the age of 21 are allowed in
any portion of the licensed premises, the establishment shall limit
visibility of video gaming terminals from outside the room in which
they are located.
C.
The operation of video gaming devices or terminals shall only be
allowed during the legal hours of operation allowed for the consumption
of alcoholic beverages at the licensed establishment or, with respect
to a licensed truck stop, the legal hours of operation allowed for
a licensed truck stop establishment. Upon the suspension or revocation
of a licensee's liquor license, the licensee's video gaming license
shall automatically be suspended (or revoked in the event of a liquor
license revocation) without the requirement of any further action
by the Village. A licensee's gaming license shall be suspended for
the same period of time as the suspension or revocation of the licensee's
liquor license.
[Amended 12-20-2021 by Ord. No. 21-056]
D.
The video gaming area shall be physically monitored by an employee
over 21 years of age at all times during the legal hours of operation.
E.
Providing for camera surveillance of the video gaming area that meets
the specifications of the Village as specified in the license application,
with equipment that has the ability to record and may be accessed
by the Police Department upon request to investigate a suspected violation
of this article, any law or administrative code, or any unlawful activity.
Required signage pursuant to state laws, regulations and Village
ordinances shall be posted at all times in the establishment's video
gaming terminal area and should further include signage prohibiting
the video gaming terminal area to persons under 21 years of age. All
signage shall be approved by the Village prior to its posting in the
establishment.
Licensees are required to submit with their license application
their establishment's responsible gaming policy, which outlines all
employee education and training programs, self-exclusion policies,
and procedures to promote responsible gaming. If standardized training
for responsible gaming becomes available at a future date, it shall
be required as part of the video gaming license application.
As a condition for issuance of the video gaming license to the
licensee, the Village reserves the right to inspect the premises at
any time for compliance with this article and all other applicable
ordinances and statutes.
[Amended 12-20-2021 by Ord. No. 21-056; 4-10-2024 by Ord. No. 24-018]
It shall be unlawful for any person, firm or corporation or
other entity to engage in the business of video gaming terminal operation,
pursuant to the Illinois Video Gaming Act,[1] without first having secured a Video Gaming Terminal Operator license from the Village of Homer Glen. All terminal operators seeking a license from the Village, must complete an application on the forms as required by the Clerk, attach their Illinois Gaming Board Video Gaming Terminal Operator License to the license application, and pay the required annual license fee for each location as set forth in § 83-56 herein.
[1]
Editor's Note: See 230 ILCS 40/1 et seq.
[Added 4-10-2024 by Ord.
No. 24-018]
It shall be unlawful for any person, firm, corporation or other entity, that is eligible for a video gaming license and meets the definitions of "licensed establishment," "licensed truck stop establishment," or "restaurant," as set forth in § 83-45 above, to allow or otherwise permit video gaming terminal operation, as so defined by the Illinois Video Gaming Act, within or upon its premises, without a Video Gaming Premises license issued by the Board of Trustees for the Village of Homer Glen, or the Village President as provided under this article, or in violation of the terms of such license.
A.
Application.
(1)
Licensed video gaming premises. Video Gaming Premises licenses shall be effective from January 1 to December 31 of the same year. The annual fee for a Video Gaming Premises license shall be set forth in § 83-56A herein. The fee is nonrefundable and shall be applicable irrespective of when an applicant submits an application for a Video Gaming Premises license.
(2)
There is no limit on the number of Video Gaming Premises licenses that may be issued by the Village. Applications for such licenses shall be made to the Clerk on forms and in a manner prescribed by the Clerk. Video Gaming Premises licenses shall be issued only upon the order of the Village President for existing licenses meeting the expectations set forth in § 83-54.1D below, and the Village President and Board of Trustees for all new applications.
(3)
For a new applicant, that said applicant applying for a license
to allow or otherwise permit video gaming terminal operation on premises,
has been operating under a valid certificate of occupancy and business
license at its current address for at least 365 days prior to the
submission of the application, and that the applicant's establishment
has generated at least 60% of its revenue from the sale of food or
beverages.
(4)
The Village President and Board of Trustees, and the Village President as provided for in this Article, shall have the sole exclusive right to deny a video gaming premises license to any applicant, subject to the review as provided under § 83-54.2.
(5)
A Video Gaming Premises licensee shall provide the Village,
within 14 business days of the Village's request, with copies
of records pertaining to his or her accounts within the corporate
limits of the Village.
B.
Insurance prerequisites.
(1)
No license which has been otherwise approved shall be issued
until the applicant has filed with the Clerk a certificate or other
evidence that the licensed premises carries insurance of the following
types of at least the limits specified below:
(a)
Workers' compensation insurance as prescribed by the laws
of the state.
(b)
Employers' liability insurance, with limits of not less
than $1,000,000 per occurrence.
(c)
Comprehensive general liability insurance, with limits of not
less than $1,000,000 for property damages; $1,000,000 for bodily injury
or death of any one person; and $2,000,000 coverage per occurrence.
(2)
The licensee shall include the Village of Homer Glen, its officers,
officials, Village President, Board of Trustees, agents, employees,
representatives and volunteers as additional named insureds on any
of the foregoing policies.
C.
Assignment.
(1)
No license issued pursuant to this article shall be assignable
or transferable by the licensee or by operation of law or otherwise.
(a)
A license under this article is effective for a period not to exceed one year after issuance unless sooner suspended or revoked as provided for in § 83-56.2 of this article, and shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall cease upon the death of the licensee or, in the case of a corporation, limited-liability company or partnership, its dissolution or bankruptcy, and shall not descend by the laws of testate or intestate devolution; provided that executors or administrators of the estate may continue to allow licensed video gaming terminal operation as set forth in this article, under the order of the appropriate court, and may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license, but not longer than six months after the death, bankruptcy or insolvency of such licensee.
(2)
Unless a sale, transfer or assignment meets the requirements for an exception under § 83-54.1D, any sale, transfer, or assignment of more than 10% of the shares of a corporation or more than 10% of an interest in a partnership or other business entity, shall terminate the existing Video Gaming Premises license, and require the business to submit an application, and satisfy all of the requirements for new applicants as required under § 83-54.1A and B.
D.
Exceptions.
(1)
In the event of a sale, transfer, or assignment of more than
10% of the shares of a corporation, or more than 10% of an interest
in a partnership or other business entity, a Video Gaming Premises
license may issue by order of the Village President, if the following
conditions are satisfied:
(a)
The Video Gaming Premises Licensee's business location
remains the same;
(b)
The business concept remains substantially the same;
(c)
The premises contains a minimum area of 2,000 square feet; and
(d)
All of the conditions as set forth in § 83-54.1A and B, with exception to § 83-54.1A(3), are substantially met.
(2)
If an existing Video Gaming Premises licensee moves to a new
physical location, changes its d/b/a name, or changes the legal name
of its business a Video Gaming Premises license may issue by order
of the corporate authorities, if the following conditions are satisfied:
(3)
The consideration and review of all applications, backgrounds and conditions related to the exceptions provided under § 83-54.1D shall solely be subject to the review and approval of the Village President, and with exception to the review provision set forth in § 83-54.2, the Village President shall have the sole authority to order the issuance of licenses under § 83-54.1D.
[Added 4-10-2024 by Ord.
No. 24-018]
An applicant may request review by the Village Board of Trustees
of the denial of any license under this article, provided the applicant
timely files a request for review with the Village Clerk, within 14
days from the date of any such denial. The review shall take place
in an open session, and the Village Board shall adopt such rules that
it deems necessary. A 2/3 vote by the Board of Trustees shall be required
to reverse the denial of any license under this article.
Any licensee violating this article shall be subject to a mandatory
fine of $1,000 plus court and attorney costs for each separate violation.
Every day a violation continues in effect will be considered a separate
and distinct violation subject to imposition of a mandatory fine of
$1,000 per day for each day the violation continues. Any establishment
that, upon audit by the Village of Homer Glen as outlined herein,
finds the establishment to meet the definition of "video gaming cafe,"
that establishment shall be placed on a six-month probationary period
to allow the establishment to conform to the requirements stated herein.
If after the six-month probationary period, the establishment continues
to meet the definition of "video gaming cafe," the establishment shall
be found in violation of the Village Code and shall lose its liquor
license and video gaming license.
[Amended 4-10-2024 by Ord. No. 24-018]
A.
The annual license fee for a Video Gaming Premises license shall
be calculated as follows: $750 per each video gaming terminal or device
within or upon the premises.
B.
The annual license fee for a Video Gaining Terminal Operator license
shall be calculated as follows: $3,000 per each location where video
gaming terminals or devices are provided.
A.
If, after a hearing or proceeding conducted pursuant to § 83-56.1, it is determined a violation of this article occurred, the President and Board of Trustees may, in addition to any fine imposed, suspend or revoke any video gaming license issued pursuant to this article.
B.
In addition to the penalties provided in § 83-55 and Subsection A of this section, the Village President, acting in his or her capacity as Local Liquor Commissioner, may also initiate an appropriate proceeding pursuant to the applicable provisions of Article VII, Liquor, of this chapter to revoke or suspend the liquor license of a licensee or cause a fine to be imposed and paid by the liquor licensee as provided for in Article VII.
