[HISTORY: Adopted by the Board of Trustees of the Village
of Oakwood 11-15-2021 by Ord. No. 21-11-5-2[1]; amended in its entirety 2-22-2022 by Ord. No. 22-02-22-1 Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance supersede former Ch. 275, Video
Gaming, adopted 6-11-2012 by Ord. No. 12-6-11-12
The provisions of this chapter, 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.
As used in this chapter, the following terms shall have the
meanings indicated:
The Illinois Gaming Board.
As defined in Section 18b-101 of the Illinois Vehicle Code,
625 ILCS 5/18b-101.
Any business licensed by the State of Illinois to have or
operate a video gaming device in the Village of Oakwood, 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.
The location where a qualified fraternal organization that
derives its charter from a national fraternal organization regularly
meets.
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.
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 veterans organization that
derives its charter from a national veterans organization regularly
meets.
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.
A.Â
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
Village of Oakwood without first having obtained a video gaming license
from the Village of Oakwood. The license provided for in this chapter
shall permit a licensee to operate video gaming terminals at the specified
establishment.
B.Â
No applicant, including any person, either as owner, lessee, manager,
officer or agent, shall be eligible for a video gaming license from
the Village of Oakwood, 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)Â
The applicant holds the appropriate certificate or license from the
State of Illinois permitting video gaming and is in good standing
with same;
(2)Â
The establishment has been in operation at the location for at least
six months at the time the application is filed;
(3)Â
The establishment must maintain customer seating outside of the gaming
area but within the premises at a ratio of at least five seats for
each permitted video gaming terminal;
(4)Â
The applicant is not in arrears in any tax, fee or bill due to the
Village of Oakwood or State of Illinois;
(5)Â
The applicant has completed and complies with all the application requirements set forth in § 275-4 of this chapter and is not disqualified due to a felony, gambling offense, or crime of moral turpitude; and
(6)Â
The establishment is located outside of a residential zoning district.
C.Â
Except for large truck stop establishments, to be eligible to have
video gaming at an establishment, the net terminal income generated
at the establishment from video gaming cannot exceed 50% of the total
gross revenues generated.
D.Â
Large truck stop and regular truck stop establishments do not need to meet the requirements set forth in § 275-3C of this chapter.
E.Â
A new establishment must meet the requirements of § 275-3B(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 50% of the gross revenues.
F.Â
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 President
and Board of Trustees of the Village of Oakwood at its next regularly
scheduled meeting after written notice of the action from which an
appeal is made.
The license applicant shall provide the following information
to the Village of Oakwood on a form provided by the Village of Oakwood:
A.Â
The legal name of the establishment;
B.Â
The business name of the establishment;
C.Â
The address of the establishment where the video gaming terminals
are to be located;
D.Â
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.Â
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.Â
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.Â
The business office address of the establishment if different from
the address of the establishment;
H.Â
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.Â
A phone number for the establishment;
J.Â
An e-mail address for the establishment;
K.Â
The name and address of every person owning more than a 5% share
of the establishment;
L.Â
The name, address, phone number and e-mail address of any terminal
operator or distributor proposed to own, service or maintain video
gaming terminals at the establishment;
M.Â
A copy of the establishment's State of Illinois video gaming
license;
N.Â
In the case of a corporation, limited liability company or partnership,
a copy of the establishment's state certificate of good standing;
O.Â
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.Â
A statement that the establishment is not in arrears in any tax,
fee or bill due to the Village of Oakwood or State of Illinois;
Q.Â
A statement that the establishment agrees to abide by all state and
federal laws and any local ordinance;
R.Â
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 Village of Oakwood 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 Village of Oakwood Mayor/Village President
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.Â
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.Â
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.
A.Â
Applications shall be processed by the Village of Oakwood on a first-come,
first-served basis. Every application shall be date and time stamped
upon filing. An application received in the mail shall be considered
filed on the date and time it is opened by the Village Hall office.
B.Â
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 § 275-4. Renewal applications shall be due on or before April 1 of each year unless that day falls on a holiday, in which case the application may be received by the Village Hall office on the following business day.
A.Â
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.Â
The application fee is not subject to reimbursement or refund upon
denial of a license.
C.Â
Said fees are not subject to proration or refund and are due prior
to issuance of the license.
D.Â
All licenses required by this division shall be prominently displayed
next to the video gaming terminal.
A.Â
The Mayor, at any time, may notify any licensee under this division within five business days of any charge of a violation of any of the provisions of this chapter 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 § 275-3F.
B.Â
In the event of the revocation or denial of any license or registration
under this section, such person shall not be issued any license provided
for in this chapter for one calendar year following the revocation
or any appeal thereof.
There shall be no more than eight establishments licensed to
operate video gaming terminals in the Village of Oakwood at any given
time.
A.Â
There shall be no more than six video gaming terminals allowed and
permits issued therefore under this chapter for each licensee at any
one location, other than a licensed large truck stop establishment.
B.Â
There shall be no more than 10 video gaming terminals allowed and
permits issued therefore under this chapter for each licensee at any
licensed large truck stop establishment.
Except as otherwise excepted in this chapter, it shall be unlawful
for any person to gamble within the corporate limits of the Village
of Oakwood, or for any person or entity which owns, occupies or controls
an establishment within the Village of Oakwood to knowingly permit
others to gamble on the premises.
Nothing in this chapter 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.
Any business, liquor or food licensee within the corporate limits
of the Village of Oakwood that allows gambling to occur on premises
in violation of this section 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 Village
of Oakwood that allows gambling to occur on premises in violation
of this chapter a second time shall have his/her/its license permanently
revoked and, thereafter, barred from obtaining any business, liquor
or food license within the Village of Oakwood.
Any gambling device which is not authorized by this chapter
shall be subject to immediate seizure and confiscation by the Village
of Oakwood. Any money or other thing of value intrinsically related
to acts of gambling not authorized by this chapter 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.