[Amended 5-17-2022 by Ord. No. 2022-04-01]
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 article, 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, 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)
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 without first having obtained a video gaming license from
the Village. The license provided for in this article 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, 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)
(Reserved)
(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 or State of Illinois;
(5)
The applicant has completed and complies with all the application requirements set forth in § 7-5-4 of this article 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 100% 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 § 7-5-3(C) of this article.
(E)
(Reserved)
(F)
The Village President shall be the approving authority for all licenses.
In the event a licensee or prospective licensee disagrees with any
action taken by the Village President, an appeal may be made directly
to the President and Board of Trustees of the Village 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 on a form provided by the Village:
(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, 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, rest rooms and other equipment;
(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)
(Reserved)
(P)
A statement that the establishment is not in arrears in any tax,
fee or bill due to the Village 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 President 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 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 Clerk 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 Clerk's department.
(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 7-5-4. Renewal applications shall be due on or before
April 1 unless that day falls on a holiday, in which case the application
may be received by the Clerk 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. Said fees are not subject to proration or refund
and are due prior to issuance of the license.
(C)
All licenses required by this division shall be prominently displayed
next to the video gaming terminal.
(A)
The President, at any time, may notify any licensee under this article within five business days of any charge of a violation of any of the provisions of this article in connection with the operation of any video gaming terminal. After a hearing presided over by the President, the President 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 § 7-5-3(F).
(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 article for one calendar year following the revocation
or any appeal thereof.
(A)
There shall be no more than 6 video gaming terminals allowed and
permits issued therefor under this article for each licensee at any
one location, other than a licensed large truck stop establishment.
(B)
There shall be no more than 6 video gaming terminals allowed and
permits issued therefor under this article for each licensee at any
licensed large truck stop establishment.
Except as otherwise excepted in this article, it shall be unlawful
for any person to gamble within the corporate limits of the Village,
or for any person or entity which owns, occupies or controls an establishment
within the Village 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: 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 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 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 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, barred
from obtaining any business, liquor or food license within the Village.
Any gambling device which is not authorized by this article
shall be subject to immediate seizure and confiscation by the Village.
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.
