[Amended 6-26-2012 by Ord. No. 5-2012]
The following words, terms, phrases and their derivations, when
used in this article, shall have the meanings ascribed herein, except
where the context clearly indicates a different meaning:
The Illinois Gaming Board.
As defined in Section 18b-101 of the Illinois Vehicle Code
(625 ILCS 5/18b-101).
The playing of a game of chance or skill for money or other
thing of value, including but not limited to baccarat, 21, poker,
craps, slot machines, a video game of chance, roulette, klondike,
punchboard, faro, keno, numbers ticket, push card, jar ticket, pull
tab, bingo, lotteries, and raffles;
Wagering on the result of any game, contest or any political
nomination, appointment or election;
The playing or use of any gambling device or the operation,
keeping, owning, use, purchase, exhibition, rental, sale, or bargain
for the sale or lease of any gambling device;
The ownership or possession of any books, instruments or apparatus
by means of which bets or wagers have been recorded or registered;
Sale of pools upon the result of any game or contest of skill
or chance, political nominations, appointments or elections;
The establishment or promotion of any lottery or the sale, or
offering for sale, or to knowingly posses or transfer any policy ticket
or similar device;
The knowing advertisement of any lottery or policy game, including
the drafting, printing or publishing of any lottery ticket, share,
policy ticket or similar device; and
The knowing transmittal of information as to wagers, betting
odds or chances by telephone, telegraph, radio, semaphore or similar
means, or the knowing installation of equipment for the transmission
or receipt of such information, except that nothing herein shall prohibit
the transmission or receipt of such information for the use of news
reporting of sporting events or contests.
Any clock, tape machine, video machine, video gaming terminal,
slot machine, mechanism, table, furniture, fixture, equipment, instrument
or other thing used for the reception of money or other thing of value
on chance or skill or upon which the action of money or other thing
of value is staked, hazarded, bet, won or lost, or which is primarily
for use for gambling.
A gambling device shall not include:
A coin-operated mechanical device played for amusement which
awards the player with the right to replay such mechanical device
and is so constructed or devised as to make the result for the operation
thereof depend, in part, upon the skill of the player and which does
not return to the player money, property or right to receive money
or property; or
Vending machines by which full and adequate return is made for
the money invested and there is no element of chance or hazard.
Any licensed retail establishment where alcoholic liquor
is drawn, poured, mixed or otherwise served for consumption on the
premises and includes any such establishment that has a contractual
relationship with an inter-track wagering location licensee under
the Illinois Horse Racing Act of 1975 (230 ILCS 5/1 et seq.), provided
any contractual relationship shall not include any transfer or offer
of revenue from the operation of video gaming under the Video Gaming
Act (230 ILCS 40/1 et seq.) to any licensee licensed under the Illinois
Horse Racing Act of 1975; provided, however, that the licensed establishment
that has such a contractual relationship with an inter-track wagering
location licensee may not, itself, be (i) an inter-track wagering
location licensee, (ii) the corporate parent or subsidiary of any
licensee licensed under the Illinois Horse Racing Act of 1975, or
(iii) the corporate subsidiary of a corporation that is also the corporate
parent or subsidiary of any licensee licensed under the Illinois Horse
Racing Act of 1975. "Licensed establishment" does not include a facility
operated by an organization licensee, an inter-track wagering licensee,
or an inter-track wagering location licensee licensed under the Illinois
Horse Racing Act of 1975 or a riverboat licensed under the Riverboat
Gambling Act (230 ILCS 10/1 et seq.), except as provided in this definition.
The location where a qualified fraternal organization that
derives its charter from a national fraternal organization regularly
meets.
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.
The location where a qualified veteran's organization that
derives its charter from a national veteran's organization regularly
meets.
Any scheme or procedure whereby one or more prizes are distributed
by chance among persons who have paid or promised consideration for
a chance to win such prizes, whether such scheme or procedure is called
a lottery, raffle, gift, sale, or some other name.
Any scheme or procedure whereby a person promises or guarantees
by an instrument, bill, certificate, writing, token or other device
that any particular number, character, ticket or certificate shall,
in the event of any contingency in the nature of a lottery, entitle
the purchaser or holder to receive money, property or evidence of
debt.
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 play 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.
Except as otherwise excepted in this article, it shall be unlawful
for any person to gamble within 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.
Nothing in this article shall be deemed to prohibit or make
unlawful the following activities or forms of gambling:
(A)
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 veteran's establishment,
which is licensed by the Board and the City of Hometown to conduct
or allow such specific activities under the Video Gaming Act (230
ILCS 40/1 et seq.) and this article;
(B)
A licensee licensed by the City to conduct a raffle in accordance
with the Raffles Act (230 ILCS 15/0.01 et seq.);
(C)
A licensee licensed by the Illinois Department of Revenue to conduct
or allow bingo play in accordance with the Bingo License and Tax Act
(230 ILCS 25/1 et seq.); or a licensee licensed by the Illinois Department
of Revenue to conduct or allow gambling in accordance with the Charitable
Games Act (230 ILCS 30/1 et seq.).
The annual license fee for each licensed establishment, licensed
fraternal establishment, or licensed truck stop establishment to operate
video gaming terminals in the City shall be $500. The annual license
fee for each video gaming terminal located in a licensed establishment,
licensed fraternal establishment, or licensed truck stop establishment
shall be $600. The annual license fee for each licensed veteran's
establishment to operate video gaming terminals in the City shall
be $250. The annual license fee for each video gaming terminal located
in a licensed veteran's establishment shall be $250. The cost of the
video gaming terminal fee shall be shared equally between the licensed
terminal operator and the video gaming establishment which owns or
operates the video gaming terminal. No refunds or partial refunds
shall be given by the City in the event either the licensed terminal
operator or video gaming establishment ceases operations. No license
fee shall be prorated.
Any business, liquor or food licensee within the City that allows
gambling to occur on premises in violation of this article 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 City
that allows gambling to occur on premises in violation of this article
a second time shall have his/her/its license permanently revoked and,
thereafter, be barred from obtaining any business, liquor or food
license within the City.
Any gambling device which is not authorized by this article
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 article 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.
