For the purposes of this chapter, the following terms shall have the following meaning:
AFFILIATE. An affiliate of, or person affiliated with, a specified person means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such person.
AFFILIATED ENTITY. Any business entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, the person.
APPLICANT. A person applying for any license under this chapter.
APPLICATION. All material submitted, including the instructions, definitions, forms and other documents issued by the city, comprising the video gaming license application.
ASSOCIATED VIDEO GAMING EQUIPMENT. Ticket payout systems and validation procedures; wireless, promotional and bonusing systems; kiosks; gaming related peripherals; hardware, software and systems; and other gaming devices and equipment for compliance with:
(1) Illinois laws, regulations and requirements as codified or otherwise set forth; and
(2) Illinois Gaming Board approved video gaming industry standards.
ATTRIBUTED INTEREST. A direct or indirect interest in an enterprise deemed to be held by an individual not through the individual's actual holdings but either through the holdings of the individual's relatives or through a third party or parties on behalf of the individual pursuant to a plan, arrangement, agreement or contract.
BUSINESS ENTITY or BUSINESS. A partnership, incorporated or unincorporated association or group, firm, corporation, limited liability company, partnership for shares, trust, sole proprietorship or other business enterprise.
CHI-SQUARE TEST. A statistical test used to determine if a relationship between variables exists by comparing expected and observed cell frequencies. Specifically, a Chi-Square Test examines the observed frequencies in a category and compares them to what would be expected by chance or would be expected if there was no relationship between variables.
CITY. The City of Berwyn, Illinois.
CODE. The Codified Ordinances of Berwyn.
CONTROL. The possession, direct or indirect, of power to direct or cause the direction of the management and policies of an applicant or licensee through the ownership of voting securities, by contract or otherwise.
CREDIT. One cent, $0.05, $0.10 or $0.25.
DISTRIBUTOR. An individual, partnership, corporation or limited liability company licensed under the Video Gaming Act to buy, sell, lease, or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators.
FRATERNAL ORGANIZATION. An organization or institution organized and conducted on a not for profit basis with no personal profit inuring to anyone as a result of the operation and that is exempt from federal income taxation under section 501(c)(8) or (c)(10) of the Internal Revenue Code (26 USC 501(c)(8) or (c)(10)).
GAME. A gambling activity that is played for money, property or anything of value, including, without limitation, those played with cards, chips, tokens, vouchers, dice, implements or electronic, electrical or mechanical devices or machines.
GAMING. The dealing, operating, carrying on, conducting, maintaining or exposing for play of any game.
GAMING OPERATION. The conducting of gaming or the providing or servicing of gaming equipment.
HORSE RACING ACT. The Illinois Horse Racing Act of 1975 (ILCS Ch. 230, Act 5, §§ 1 et seq.).
ILLINOIS GAMING BOARD. The board created by the Illinois legislature to regulate, among other things, video gaming in the State of Illinois.
ILLINOIS RESIDENT.
(1) With respect to an individual, an individual who is either:
(a) Domiciled in Illinois or maintains a bona fide place of abode in Illinois; or
(b) Is required to file an Illinois tax return during the taxable year.
(2) With respect to a corporation, any corporation organized under the laws of Illinois and any foreign corporation with a certificate of authority to transact business in Illinois. A foreign corporation not authorized to transact business in Illinois is a nonresident of Illinois.
(3) With respect to a partnership, a partnership in which any partner is an Illinois resident, or where the partnership has an office and is doing business in Illinois.
(4) With respect to an irrevocable trust, a trust where the grantor was an Illinois resident at the time the trust became irrevocable.
INSTITUTIONAL INVESTOR.
(1) A retirement fund administered by a public agency for the exclusive benefit of federal, state or local public employees;
(2) An investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C. 80a-8);
(3) A collective investment trust organized by a bank under part 9 of the rules of the comptroller of the currency (12 C.F.R. 9.18);
(4) A closed-end investment trust registered with the United States Securities and Exchange Commission;
(5) A chartered or licensed life insurance company or property and casualty insurance company;
(6) A federal or state bank;
(7) An investment advisor registered under the Investment Advisors Act of 1940 (15 U.S.C. 80b-1 through 80b-21); or
(8) Such other person as the Illinois Gaming Board may determine for reasons consistent with the Video Gaming Act and this chapter.
LICENSED ESTABLISHMENT. Any licensed retail establishment where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises, whether the establishment operates on a nonprofit or for-profit basis, and includes any such establishment that has a contractual relationship with an inter-track wagering location licensee licensed under the Horse Racing Act, provided any contractual relationship shall not include any transfer or offer of revenue from the operation of video gaming under the Video Gaming Act to any licensee licensed under the Horse Racing Act. Provided, however, that the licensed establishment that has such a contractual relationship with an inter-track wagering location licensee may not, itself, be: (a) an inter-track wagering location licensee, (b) the corporate parent or subsidiary of any licensee licensed under the Horse Racing Act, or (c) the corporate subsidiary of a corporation that is also the corporate parent or subsidiary of any licensee licensed under the Horse Racing Act. LICENSED ESTABLISHMENT does not include a facility operated by an organization licensee, an inter-track wagering licensee or an inter-track wagering location licensee licensed under the Horse Racing Act or a riverboat licensed under the Riverboat Gambling Act, except as provided in this definition.
LICENSED FRATERNAL ESTABLISHMENT. The location where a qualified fraternal organization that derives its charter from a national fraternal organization regularly meets.
LICENSED TECHNICIAN. An individual who is licensed under the Video Gaming Act to repair, service and maintain video gaming terminals.
LICENSED TERMINAL HANDLER. A person, including, but not limited to, an employee or independent contractor working for a manufacturer, distributor, supplier, technician or terminal operator, who is licensed under the Video Gaming Act to possess or control a video gaming terminal or to have access to the inner workings of a video gaming terminal. A licensed terminal handler does not include an individual, partnership, corporation or limited liability company defined as a manufacturer, distributor, supplier, technician or terminal operator under section 5 of the Video Gaming Act.
LICENSED VETERANS ESTABLISHMENT. The location where a qualified veterans organization that derives its charter from a national veterans organization regularly meets.
LICENSED VIDEO GAMING LOCATION. A LICENSED ESTABLISHMENT, LICENSED FRATERNAL ESTABLISHMENT or LICENSED VETERANS' ESTABLISHMENT, all as defined in section 5 of the Video Gaming Act and this chapter, that holds a valid authorization granted by the city permitting the licensee to operate one or more, but not more than five video gaming terminals at the establishment.
LICENSEE. The person, firm or entity to whom an authorization is granted by the city permitting it to engage in the defined activities of video gaming.
LIQUOR COMMISSIONER. The Liquor Commissioner of the City.
LIQUOR LICENSE. A license issued by a governmental body authorizing the holder to sell and offer for sale at retail alcoholic liquor for use or consumption.
LOCATION LICENSE. Authorization granted by the city permitting a licensee to locate a video gaming terminal in the city.
MAJOR COMPONENTS OR PARTS. Components or parts that comprise the inner workings and peripherals of a video gaming terminal, including, but not limited to, the device's hardware, software, human interface devices, interface ports, power supply, ticket payout system, bill validator, printer and any component that affects or could affect the result of a game played on the device.
MANUFACTURER. An individual, partnership, corporation or limited liability company that is licensed under the Video Gaming Act and that manufactures or assembles video gaming terminals.
OWNERSHIP INTEREST. Includes, but is not limited to, direct, indirect, beneficial or attributed interest, or holder of stock options, convertible debt, warrants or stock appreciation rights, or holder of any beneficial ownership or leasehold interest in a business entity.
PERSON. Both individuals and business entities.
PERSON WITH SIGNIFICANT INTEREST OR CONTROL. Any of the following:
(1) Each person in whose name the liquor license is maintained for each licensed video gaming location;
(2) Each person who, in the opinion of the Liquor Commissioner, has the ability to influence or control the activities of the applicant or licensee, or elect a majority of its board of directors, other than a bank or licensed lending institution that holds a mortgage or other lien, or any other source of funds, acquired in the ordinary course of business; or
(3) Persons having the power to exercise significant influence or control over decisions concerning any part of the applicant's or licensee's video gaming operation.
RIVERBOAT GAMBLING ACT. The Riverboat Gambling Act (ILCS Ch. 230, Act 10, §§ 1 et seq.).
SECURITY. An ownership right or creditor relationship.
SECURITY INTEREST. An interest in property that secures the payment or performance of an obligation or judgment.
SOLE PROPRIETOR. An individual who in his or her own name owns 100% of the assets and who is solely liable for the debts of a business.
STATE. The State of Illinois.
STATE LICENSE. Authorization granted by the Illinois Gaming Board permitting a licensee to engage in the defined activities of video gaming.
SUBSTANTIAL INTEREST (WITH RESPECT TO A PARTNERSHIP, A CORPORATION, AN ORGANIZATION, AN ASSOCIATION, A BUSINESS OR A LIMITED LIABILITY COMPANY).
(1) When, with respect to a sole proprietorship, an individual or his or her spouse owns, operates, manages, or conducts, directly or indirectly, the organization, association or business, or any part thereof;
(2) When, with respect to a partnership, the individual or his or her spouse shares in any of the profits, or potential profits, of the partnership activities;
(3) When, with respect to a corporation, an individual or his or her spouse is an officer or director or the individual or his or her spouse is a holder, directly or beneficially, of 5% or more of any class of stock of the corporation;
(4) When, with respect to a limited liability company, an individual or his or her spouse is a member, or the individual or his or her spouse is a holder, directly or beneficially, of 5% or more of the membership interest of the limited liability company;
(5) When, with respect to any other organization not covered in division (1), (2), (3) or (4) of this definition, an individual or his or her spouse is an officer or manages the business affairs, or the individual or his or her spouse is the owner of, or otherwise controls, 10% or more of the assets of the organization; or
(6) When an individual or his or her spouse furnishes 5% or more of the capital, whether in cash, goods or services, for the operation of any business, association or organization during any calendar year.
For purposes of this definition, INDIVIDUAL means all individuals or their spouses whose combined interest would qualify as a substantial interest under this definition and whose activities with respect to an organization, association, or business are so closely aligned or coordinated as to constitute the activities of a single entity.
SUPPLIER. An individual, partnership, corporation or limited liability company that is licensed under the Video Gaming Act to supply major components or parts of video gaming terminals to licensed terminal operators.
TERMINAL OPERATOR. An individual, partnership, corporation or limited liability company that is licensed under the Video Gaming Act that owns, services and maintains video gaming terminals for placement in licensed video gaming locations in the city.
USE AGREEMENT. A contractual agreement between a licensed terminal operator and a licensed video gaming location establishing terms and conditions for placement and operation of video gaming terminals by the licensed terminal operator within the premises of the licensed video gaming location, and complying with all of the minimum standards for use agreements contained in section 1800.320 of the Illinois Administrative Code (11 Ill. Admin. 1800.320).
VETERANS' ORGANIZATION. An organization or institution organized and conducted on a not for profit basis with no personal profit inuring to anyone as a result of the operation and that is exempt from federal income taxation under section 501(c)(19) of the Internal Revenue Code (26 U.S.C. 501(c)(19V).
VIDEO GAMING ACT. The Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.).
VIDEO GAMING CAFÉ. A licensed establishment whose primary source of revenue is the conduct of video gaming and which offers alcohol and food only as a secondary amenity.
VIDEO GAMING EQUIPMENT. Video gaming terminals, associated video gaming equipment and major components or parts.
VIDEO GAMING OPERATION. As the context requires, the conducting of video gaming and all related activities.
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 Illinois 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.
(Ord. 16-11, passed 4-26-2016)