[Amended by Ord. No. 2018-13; Ord. No. 2019-08; Ord. No. 2019-11; Ord. No. 2019-19; 7-22-2019 by Ord. No. 2019-55; 8-26-2019 by Ord. No. 2019-65]
[1]
Editor's Note: Former Art. III, Mechanical Musical Devices, amended by Ord. No. 1974-124 and Ord. No. 2018-89, was repealed 12-11-2023 by Ord. No. 2023-112. See now Art. II, Amusement Devices. This ordinance also redesignated former Art. XIII, Video Gaming License, as Art. III.
[Amended 12-11-2023 by Ord. No. 2023-112]
For the purpose of this article, certain words or phrases shall be defined as set forth below:
BUSINESS ENTITY
An organization that has an identity separate from those of its members, including, but not limited to, corporations, limited partnerships, limited liability companies, or limited liability partnerships.
[Added 12-11-2023 by Ord. No. 2023-112]
CHANGE OF OWNERSHIP
[Added 12-11-2023 by Ord. No. 2023-112]
A. 
A change in the form of ownership, e.g., from an individual or partnership or entity or from a partnership to an individual;
B. 
A change from an individual to a partnership or a change in a partnership such as the addition or deletion of any partner; or
C. 
In an entity, the transfer of over 5% of the stock thereof except for those listed on a national stock exchange in which event the transfer of a controlling interest or over 50% of the stock thereof.
CITY VIDEO GAMING LICENSE
The license issued by the City of Bloomington that authorizes an establishment to have video gaming terminals and to conduct video gaming on the premises as defined by the Illinois Video Gaming Act.[1]
CONTRACTED ESTABLISHMENT LICENSES
A City Council approved license that results from a development agreement or annexation agreement, already approved by the City Council, subject to the applicant's and establishment's compliance with and eligibility in accordance with this article, except for the limit on the number of licenses set forth in § 7-307, and other applicable law.
[Added 10-25-2021 by Ord. No. 2021-82; amended 12-11-2023 by Ord. No. 2023-112]
ESTABLISHMENT
Any business licensed by the State of Illinois to have or operate a video gaming device in Bloomington and shall include any licensed establishment, licensed fraternal establishment, licensed veterans establishment, licensed truck stop establishment, and licensed large truck stop establishment as those terms are defined in the State of Illinois Video Gaming Act, 230 ILCS 40/5.
[Amended 12-11-2023 by Ord. No. 2023-112]
LICENSED FRATERNAL ESTABLISHMENT
The location where a qualified fraternal organization, that derives its charter from a national fraternal organization, regularly meets.
LICENSED VETERANS' ESTABLISHMENT
The location where a qualified veterans' organization, that derives its charter from a national veterans' organization, regularly meets.
[Amended 12-11-2023 by Ord. No. 2023-112]
LICENSED TRUCK STOP ESTABLISHMENT or REGULAR TRUCK STOP
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. "Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code. 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 LARGE TRUCK STOP ESTABLISHMENT or LARGE TRUCK STOP
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 it 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. "Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code. 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.
PERSON
Any individual, partnership, corporation, firm, limited-liability company, or other legal entity.
VIDEO GAMING TERMINAL
Any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, 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 Illinois Video Gaming 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.
[1]
Editor's Note: See 230 ILCS 40/1 et seq.
[Amended 12-11-2023 by Ord. No. 2023-112]
No person, either as owner, lessee, manager, officer, 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 City of Bloomington without first having obtained a video gaming license from the City. The license provided for in this article shall permit a licensee to operate video gaming terminals at an establishment for a specified number of video gaming terminals.
A. 
No applicant, including any person, either as owner, lessee, manager, officer, or agent, shall be eligible for a video gaming license from the City, 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:
[Amended 2-13-2023 by Ord. No. 2023-11; 12-11-2023 by Ord. No. 2023-112]
(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 12 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 rate of five seats for each permitted video gaming terminal;
(4) 
The applicant has not violated or is not otherwise in violation of the 50% rule set forth in § 7-303B;
(5) 
The applicant is not in arrears in any tax, fee, or bill due to the City of Bloomington or the State of Illinois; if the applicant is a corporation, limited-liability company, or partnership, the applicant is disqualified if any officer is in arrears in any tax, fee, or bill due to the City of Bloomington or the State of Illinois;
(6) 
The applicant does not owe the City of Bloomington for unpaid fines or judgments; and if the applicant is a corporation, limited-liability company, or partnership, the applicant is disqualified if any officer owes the City of Bloomington for any unpaid fines or judgments;
(7) 
The applicant has completed and complies with all the application requirements set forth in § 7-304 and is not disqualified due to a felony, gambling offense, or crime of moral turpitude;
(8) 
The applicant has not had a video gaming license revoked within the past three years; and
(9) 
The establishment is located outside of a residential zoning district.
B. 
Except for large truck stops, to be eligible to have video gaming at an establishment, the revenues generated by the establishment from video gaming as shown on Illinois State Gaming reports cannot exceed 50% of the total gross revenues generated by the establishment.
[Amended 2-13-2023 by Ord. No. 2023-11; 12-11-2023 by Ord. No. 2023-112]
C. 
Large truck stop and regular truck stop establishments do not need to meet the requirements set forth in § 7-303A(3).
D. 
A new establishment must meet the requirements of § 7-303A(2) unless the applicant is also the current majority owner of an existing business at another location, that has been operational for at least 12 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 revenues at the existing business location did not exceed 50% of gross revenues.
[Amended 2-13-2023 by Ord. No. 2023-11]
E. 
An establishment licensed and in existence prior to September 1, 2019, located within a residential zoning district does not have to meet the requirements of § 7-303A(7) and instead shall be considered grandfathered from this provision. This exception shall not apply if the establishment ceases operations for more than 60 days unless the operation has ceased due to a fire or other natural disaster, and the establishment complies with § 7-321B of this article, and the business operations resume within 12 months.
[Amended 12-11-2023 by Ord. No. 2023-112]
The license applicant shall provide the following information to the City of Bloomington on a form provided by the City:
A. 
The legal name of the establishment;
B. 
The business name of the establishment; proof that the DBA (doing business as) name is registered with the State of Illinois or McLean County;
[Amended 12-11-2023 by Ord. No. 2023-112]
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, rooms, and other equipment. A high-resolution electronic copy of the floor plan shall be submitted at the time of application; a paper printed copy of the floor plan shall be submitted upon request (no smaller than 11 inches by 17 inches); hand-drawn floor plans and floor plans not including a scale will not be accepted;
[Amended 9-28-2020 by Ord. No. 2020-65; 12-11-2023 by Ord. No. 2023-112]
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;
[Amended 12-11-2023 by Ord. No. 2023-112]
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;
[Amended 12-11-2023 by Ord. No. 2023-112]
M. 
A copy of the establishment's State of Illinois video gaming license;
N. 
If a business entity, the applicant must be in good standing with the State of Illinois before a license will be issued;
[Amended 12-11-2023 by Ord. No. 2023-112]
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 City of Bloomington 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 City Manager 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 City Manager 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 rehabilitated himself such that they are no longer likely to commit another offense;
[Amended 12-11-2023 by Ord. No. 2023-112]
S. 
If the application is for a new establishment based on the business model of another existing business, information regarding the existing business must be provided, including the type of business, the gross revenues as compared to any video gaming revenue for the prior calendar year, proof of the length of time the existing business has been operational and proof of ownership verifying the applicant’s ownership rights;
[Amended 2-13-2023 by Ord. No. 2023-11]
T. 
For regular truck stops, a statement that they qualify under § 7-301 of the City Code and 230 ILCS 40/5 of state statutes as well as proof of the following:
[Added 9-28-2020 by Ord. No. 2020-65]
(1) 
That the premises are owned, leased, or otherwise operated by the applicant;
[Amended 12-11-2023 by Ord. No. 2023-112]
(2) 
That the premises are currently at least a three-acre parcel with a convenience store;
(3) 
Has separate diesel islands for fueling commercial motor vehicles;
(4) 
Current/Projected retail sales of more than 10,000 gallons of diesel or biodiesel fuel per month; and
(5) 
That there are parking spaces for commercial motor vehicles.
U. 
For large truck stops, a statement that they qualify under § 7-301 of the City Code and 230 ILCS 40/5 of state statutes as well as proof of the following:
[Added 9-28-2020 by Ord. No. 2020-65]
(1) 
That the premises are owned, leased, or otherwise operated by the applicant;
[Amended 12-11-2023 by Ord. No. 2023-112]
(2) 
That the premises are currently at least a three-acre parcel with a convenience store;
(3) 
That the premises are currently located within three road miles from a freeway interchange;
(4) 
Has separate diesel islands for fueling commercial motor vehicles;
(5) 
Current/Projected retail sales of more than 50,000 gallons of diesel or biodiesel fuel per month; and
(6) 
That there are parking spaces for commercial motor vehicles.
V. 
The following supporting documentation must be submitted with the application:
[Added 12-11-2023 by Ord. No. 2023-112[1]]
(1) 
A list of all owners/partners/officers with name, date of birth, address, and percentage of ownership/stock;
(2) 
A copy of the applicant's State of Illinois Video Gaming License; and
(3) 
If applicable, proof the DBA (doing business as) name is registered with the State of Illinois or McLean County.
[1]
Editor's Note: This ordinance also redesignated former Subsections V through X as Subsections W through Y, respectively.
W. 
For veteran or fraternal organizations, proof of status must be provided in the form of U.S. Form 990-EZ, Certificate of Exemption, 501(c)(3), 501(c)(4), 501(c)(5), 501(c)(8), 501(c)(10) or 501(c)(19).
[Added 9-28-2020 by Ord. No. 2020-65]
X. 
For renewal applications, the applicant must provide gross annual revenue for the previous calendar year detailed by category of revenue generated on a per-month basis and showing the percentage of gaming revenue generated by the establishment using forms provided by the City Clerk. Reports shall include video gaming revenues as shown on Illinois State Gaming reports or other official reports from the State of Illinois. For an establishment's first license renewal application, the establishment must provide a report detailing monthly revenues generated by video gaming and total gross revenues for the months the establishment was open and licensed in the previous calendar year. Revenue generated by the establishment shall meet the percentage requirements of this chapter. Additional financial details of said gross revenues shall be made available upon request by the City.
[Added 2-13-2023 by Ord. No. 2023-11; amended 12-11-2023 by Ord. No. 2023-112]
Y. 
An applicant may not have had a video gaming license revoked within the past three years.
[Added 2-13-2023 by Ord. No. 2023-11]
[Amended 9-28-2020 by Ord. No. 2020-65]
A. 
Applications. Applications for the creation of licenses shall be made upon forms prepared and furnished by the City Clerk. Applications shall be processed by the City 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 City Clerk's Department. Applications will not be accepted if the application is not complete or if the application is not submitted with all required supporting documents.
Amended 12-11-2023 by Ord. No. 2023-112]
B. 
Renewals. Every video gaming license holder shall be required to file a renewal application, which contains the same or similar information as set forth in § 7-304. Renewal applications shall be submitted no later than April 1. If the information and statements contained in the original application have not changed, a licensee may file with the City Clerk in lieu of an application of renewal, an affidavit stating that such facts and statements have not changed. Said affidavit must be accompanied by updated revenue reports as required by § 7-304X.
Amended 12-11-2023 by Ord. No. 2023-112]
C. 
Licensees are required to always keep a valid copy of the licensee's State of Illinois video gaming license on file with the City Clerk Department.
The fee for a video gaming license shall be set forth in the Schedule of Fees. Said fees are not subject to proration or refund and are due prior to issuance of the license. The application fee shall also be set forth in the Schedule of Fees and is not subject to reimbursement or refund upon denial of a license.
[Amended 12-14-2020 by Ord. No. 2020-85; 10-25-2021 by Ord. No. 2021-82; 12-11-2023 by Ord. No. 2023-112; 9-22-2025 by Ord. No. 2025-073]
A. 
There shall be no more than 75 establishments licensed to operate video gaming terminals in the City at any given time. Contracted establishment licenses shall run separate from/parallel to the number of licenses contained herein and are not subject to the provisions of this section.
B. 
The City Clerk shall be responsible for creating, maintaining, and publishing a Video Gaming Waitlist of establishments interested in a video gaming license.
C. 
Effective at 8:00 a.m. on December 21, 2020, the City Clerk will begin accepting applications for the Waitlist in accordance with procedures established by the City Clerk. Interested establishments looking to be placed on the Video Gaming Waitlist must submit to the City Clerk a full and complete application including all required attachments.
(1) 
If, upon review, the applicant would have qualified for a video gaming license had one been available, the applicant will be placed on the Video Gaming Waitlist based on the order in which it was filed with the City Clerk.
(2) 
Applicants may be removed from the Waitlist for any of the following reasons:
(a) 
Violation of any law occurring on the establishment's premises committed by the establishment or an employee of the establishment;
(b) 
Violation of any law or state regulation regarding video gaming or video gaming terminals;
(c) 
Violation of any law occurring on the establishment's premises which the establishment did not take adequate means to prevent, or to which the establishment did not respond in an appropriate manner after it became aware of such violation;
(d) 
Failure to pay any tax, fee, or bill due to the City of Bloomington;
(e) 
Failure to provide current information regarding the ownership or location of the business;
(f) 
Ceasing to meet the video gaming licensure requirements of § 7-303A, except as may be permitted by § 7-321;
(g) 
Failure to qualify for a license under § 7-312.
D. 
When a video gaming license becomes available, the City Clerk shall notify in writing via email the interested establishment at the top of the list and give them 14 calendar days to update any materials or attachments associated with the original application.
(1) 
If, upon review, the applicant still qualifies for a video gaming license, the application shall be approved, and the applicant shall be removed from the Waitlist.
(2) 
If, upon review, the applicant does not meet the qualifications of licensure, the Clerk shall notify the applicant of denial, remove the applicant from the Waitlist, and move to the next interested establishment.
[Amended 12-11-2023 by Ord. No. 2023-112]
A. 
The City Clerk shall be responsible for the review and evaluation of all video gaming license applications and the issuance of same. Video gaming licenses shall be issued for a twelve-month period that shall run from May 1 to April 30 of each year. All video gaming licenses shall be considered invalid after 11:59 p.m. on the date of expiration listed on the license.
B. 
Renewal applications shall also be subject to this article and the video gaming license fees as set forth in the Schedule of Fees. Each video gaming license fee must be received by the City Clerk not later than April 1 unless the first falls on a holiday, in which case license fees may be received by the Clerk on the following business day. If a license fee is received late, the license holder must pay a late fee in the amount of 10% of the invoiced license fee and may be subject to the renewal license being denied.
[Amended 12-11-2023 by Ord. No. 2023-112]
Licenses existing in effect as of September 1, 2019, shall be continued in effect through April 30, 2020, unless revoked or suspended pursuant to the provisions of this article. Until May 1, 2020, a person holding an existing license shall not be required to comply with the seating requirements of § 7-303A(3) or the revenue requirements of § 7-303B. Compliance with § 7-303A(3) and § 7-303B shall be required if any existing license is transferred or a change in location is granted.
[Amended 12-11-2023 by Ord. No. 2023-112]
A video gaming license shall be denied if any required information is omitted or false, if the applicant meets one or more of the disqualifications under § 7-312, or if the applicant does not meet the licensing requirements as stated in § 7-304. The City Clerk shall send a letter via email to an applicant stating the reason for the denial. An applicant may appeal any denial to the City Manager, or their designee, who shall then hold a hearing to determine if the denial of the license was for a lawful reason. It shall be the burden of the applicant to show that they meet the qualifications for a license. In order for an appeal to be considered, a written request for appeal must be received by the City Clerk within 10 days of the date of the notice of denial.
[Added 12-11-2023 by Ord. No. 2023-112]
No such license shall be issued to:
A. 
A person not of legal age or under any legal disability;
B. 
A person who is not a resident of McLean County, unless the general manager of the establishment resides in McLean County;
C. 
A person who has been convicted of a felony under the laws of the State of Illinois or any other state or the United States, unless the Commissioner determines, after investigation, that such person has been sufficiently rehabilitated to warrant the public trust;
D. 
A person who has been convicted of being the keeper of or is keeping a house of ill fame;
E. 
A person who has been convicted of pandering or other crime or misdemeanor opposed to decency or morality;
F. 
A person whose license issued under this Ordinance has been revoked for cause;
G. 
A person who, at the time of application, for renewal of any license hereunder would not be eligible for such license upon a first application;
H. 
An entity, if any official, manager or director thereof or any stockholder or stockholders owning in the aggregate more than 5% of the stock of such entity, would not be eligible to receive a license hereunder for any reason other than citizenship or residence within the City;
I. 
A person whose place of business is conducted by a manager or agent unless said manager or agent possess the same qualifications required of the licensee;
J. 
A person who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor subsequent to the passage of this Code or shall have forfeited their bond to appear in court to answer charges for any such violation;
K. 
A person who does not own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is to be issued;
L. 
Any law enforcing public official, any Mayor or Council Member, and no such official shall be interested in any way, either directly or indirectly, in the manufacture, sale or distribution of alcoholic liquor;
M. 
Any person, association or entity not eligible for a state retail liquor dealer's license;
N. 
Any person who fails to furnish or falsely furnishes information or who fails to make or falsely makes statements required in the application for license as set forth in this chapter.
[1]
Editor's Note: Former § 7-1312 [Ch. 7, Sec. 131], Permit stickers; affixing requirements, was repealed 2-13-2023 by Ord. No. 2023-11.
[Amended 9-28-2020 by Ord. No. 2020-65; 10-25-2021 by Ord. No. 2021-82; 2-13-2023 by Ord. No. 2023-11; 12-11-2023 by Ord. No. 2023-112]
The transfer of video gaming licenses is prohibited, except that a video gaming license may be transferred from a current licensee to a proposed licensee if the license is for the same establishment and location. A person or entity desiring to receive a transferred video gaming license shall be required to complete a transfer application that must be submitted with all required supporting documentation and a formal letter requesting the transfer that is signed by both parties to the proposed transfer. The applicant acquiring the establishment license must meet the requirements of § 7-303 and § 7-312 of this article, including that the new person or entity holds the appropriate video gaming license from the State of Illinois. The license shall be granted by the City Clerk if the new applicant meets the requirements of § 7-303 and § 7-312. The fee for a transfer of a license shall be as set forth in the Schedule of Fees. Nothing herein shall prohibit a change in ownership in a legal entity that may hold a video gaming license so long as the new owner(s) are in compliance with this article and all other applicable laws.
[Amended 2-13-2023 by Ord. No. 2023-11; 12-11-2023 by Ord. No. 2023-112]
A licensee may change the location of the licensed establishment upon the completion and approval of a location change application, which shall include information on the new location, including floor plans and other pertinent information required by § 7-304. A license location change under this section will only be considered for a business whose ownership will remain the same. The City Clerk shall be responsible for reviewing and granting location change applications based on the criteria set forth in this article. No location change application may be granted unless it meets the general licensure requirements set forth in this article. The fee for a location change application shall be the same as the license application fee set forth in the Schedule of Fees.
No establishment shall permit the use of a video gaming terminal in any manner not authorized by state law, including, but not limited to, improper location of terminals, lack of required oversight, payouts in excess of those provided for by law, side bets, underage use, and other illegal gambling activities.
Any licensee must permit the entry into the establishment of any police officer or agent of the City charged with investigating crime or compliance with this Code at any time when persons are present in the establishment for the purpose of investigating compliance with this Code or state statute regarding video gaming. The City of Bloomington is authorized to obtain a warrant from a court should entry to the establishment be denied.
[Amended 9-28-2020 by Ord. No. 2020-65]
A. 
Any establishment that ceases its business operations, including the operation of video gaming terminals, for more than 180 days shall have its video gaming license revoked, except as provided in Subsection B. Any and all license fees must be paid during the cessation period.
B. 
Any establishment that ceases its business operations, including the operation of video gaming terminals, as a result of either an Act of God or as part of a planned remodel/upgrade to the establishment, shall have its license revoked unless the business operations, including the operation of video gaming terminals, resumes within 12 months. Any and all license fees must be paid during the cessation period.
[Added 12-11-2023 by Ord. No. 2023-112[1]]
A. 
Each person or entity having a license shall obtain and at all times maintain in effect a penal bond to the City of Bloomington in the sum of $2,000 from a solvent surety company licensed to do business in the State of Illinois and each such bond is subject to being approved by the Corporation Counsel. Each bond shall be filed with the City Clerk before a license to which the bond applies is issued and shall be conditioned upon compliance with the provisions of this article, state, and federal law.
B. 
Each licensee is required at all times to have on file with the City Clerk proof from the surety company that the required bond is in effect at all times as required by this section.
C. 
The failure of any person or entity to at all times maintain in effect the bond as required by this section shall be a violation of this chapter and may result in sanctions as herein provided.
[1]
Editor's Note: This ordinance also redesignated former §§ 7-322 through 7-324 as §§ 7-323 through 7-325, respectively.
[Amended 2-13-2023 by Ord. No. 2023-11; 12-11-2023 by Ord. No. 2023-112]
A. 
Any video gaming license may be revoked, suspended, or not renewed, after notice and hearing by the City Manager, or their designee, for any of the following reasons:
(1) 
Failure to pay the video gaming license fee;
(2) 
Violation of any law occurring on the establishment's premises committed by the establishment or an employee of the establishment;
(3) 
Violation of any law or state regulation regarding video gaming or video gaming terminals;
(4) 
Violation of any law occurring on the establishment's premises which the establishment did not take adequate means to prevent, or to which the establishment did not respond in an appropriate manner after it became aware of such violation;
(5) 
Failure to pay any tax, judgment, fee, or bill owed to the City of Bloomington;
(6) 
Failure to provide current information regarding the ownership or location of the business;
(7) 
Ceasing to meet the video gaming licensure requirements of § 7-303A and § 7-303B, except as may be permitted by § 7-321;
(8) 
Exceeding the number of video gaming terminals allowed by the establishment's video gaming license;
(9) 
Failure to notify in writing the City Clerk Department and receive prior approval of a change in ownership or license transfer as required by § 7-313;
(10) 
Failure to notify in writing the City Clerk Department and receive prior approval of a change in location as required by § 7-314;
(11) 
Failure to notify in writing the City Clerk Department and receive prior approval of a name change as required by § 7-325;
(12) 
The failure to meet or abide by the requirements of this article.
B. 
If in any quarter the video gaming revenues generated by the establishment as shown on Illinois State Gaming reports or other official reports from the State of Illinois exceed 50% of the total gross revenues generated by the establishment, the establishment's video gaming license may be revoked, suspended, or altered, including the potential reduction in the number of video gaming terminals at the establishment. Any establishment that exceeds the 50% requirement in § 7-303B in total for the previous calendar year shall be not be eligible for the reissuance of a video gaming license for at least three years and any existing video gaming license shall be revoked.
C. 
For the administration of this section, the formal rules of evidence shall not apply at the hearing and hearsay may be permitted, provided it is of the nature reasonably prudent persons would rely upon in the conduct of their affairs. At the hearing, the City Manager, or their designee, shall determine by a preponderance of the evidence whether a lawful reason exists to revoke or suspend the license. The City Manager, or their designee, after determining that a lawful reason exists to revoke or suspend the license, shall also determine whether that lawful reason merits the sanction of a revocation or suspension of the license.
D. 
An establishment whose video gaming license has been revoked may not reapply for a new license until three years after the final determination of revocation. Similarly, if a video gaming waitlist is active, the establishment may not apply or be placed on said waitlist until three years after the final determination of revocation.
[Amended 12-11-2023 by Ord. No. 2023-112]
In addition to the revocation/suspension provisions in § 7-323, the following shall be additional nonexclusive penalties for a violation of the provisions of this article:
A. 
Any person, including any establishment, found guilty of violating, disobeying, omitting, neglecting, or refusing to comply with or resisting or opposing the enforcement of any of the provisions of this article, except when otherwise specifically provided, upon conviction thereof shall be fined not less than $100 nor more than $1,000 for each offense. A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation or permit any such violation to exist.
B. 
Any person, including any establishment, found guilty of violating this Article III and operating a video gaming terminal without a video gaming license shall subject the unlicensed video gaming terminal to removal and/or seizure. The City shall be entitled to injunctive relief and all other judicial remedies necessary to cause said removal and/or seizure.
C. 
Failure to comply with the provisions of this article may result in the sanction, suspension or revocation of liquor and other City-issued licenses as may be permitted by the City Code.
[Added 2-13-2023 by Ord. No. 2023-11]
Any name changes associated with a licensed establishment, including, but not limited to, a change to the business name, corporate name, "doing business as" (DBA) name, corporate stockholder name(s), or any party, holding ownership in the establishment, must be submitted in writing to the City Clerk Department at least 15 days prior to any change taking place. This section is only applicable to name changes, not ownership changes. See § 7-313 for changes in ownership applicable to business holdings.