[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:
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 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.
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.
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 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. 
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) 
The applicant holds the appropriate certificate or license from the State of Illinois permitting video gaming 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 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) 
The applicant is not in arrears in any tax, fee or bill due to the Village of Oakwood or State of Illinois;
(5) 
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) 
The establishment is located outside of a residential zoning district.
C. 
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. 
Large truck stop and regular truck stop establishments do not need to meet the requirements set forth in § 275-3C of this chapter.
E. 
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. 
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. 
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 e-mail 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 e-mail 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 Village of Oakwood 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 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. 
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.
A. 
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. 
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. 
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 division shall be prominently displayed next to the video gaming terminal.
A. 
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. 
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. 
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. 
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.