[3-7-2022 by Ord. No. 22-03-01-50]
A. The definitions of the Video Gaming Act, 230 ILCS 40/1 et seq., are
incorporated and adopted into this section by reference.
B. The following activities or forms of gambling are allowed, provided
all applicable licenses are obtained: 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 Video Gaming
Act, 230 ILCS 40/1 et seq.
C. 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 Le
Roy without first having obtained a video gaming license from Le Roy.
The license provided for in this chapter shall permit a licensee to
operate video gaming terminals at the specified establishment.
D. The annual license fee for each video gaming terminal shall be $50
for all licensed establishments for the year 2022, and the annual
license fee for each video gaming terminal shall be $100 for all licensed
establishments for the year 2023.
E. The annual license fee for each video gaming terminal shall be valid
from May 1 through April 30 of each year. No refund or proration of
license fee shall be made for any portion of the year.
F. The loss or suspension of the state video gaming terminal license
will automatically result in the loss or suspension of the City video
gaming terminal license without any fee refund.
G. Pursuant to the Video Gaming Act, the cost of any fee imposed under
this chapter shall be shared equally between the terminal operator
and the applicable license establishment.
[3-7-2022 by Ord. No. 22-03-01-50]
The license applicant shall provide the following information
to the City Clerk on a form provided by the City Clerk:
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 veterans', 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;
P. A statement that the establishment is not in arrears in any tax,
fee or bill due to the City of Le Roy 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 a 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 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 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;
U. Every video gaming license holder shall be required to file a renewal
application, which may contain the same or similar information as
set forth above. Renewal applications shall be due on or before February
28 unless that day falls on a holiday, in which case the application
may be received by the Clerk on the following business day.
[3-7-2022 by Ord. No. 22-03-01-50]
The City Clerk shall issue a video gaming terminal license upon
payment of the applicable license fees, compliance with the provisions
of this chapter and other applicable City codes, and proof of required
licenses issued by the State of Illinois for such establishment and
operator.
[3-7-2022 by Ord. No. 22-03-01-50]
A. The Mayor, at any time, may notify any licensee under this chapter
within five business days of any charge of a violation of any of the
provisions of this chapter or any local ordinance or state or federal
law in connection with the operation of any video gaming terminal.
After a hearing presided over by the Mayor, the Mayor may order the
suspension or 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 to the City Council within 10 days of the
decision by the Mayor.
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.