(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 section 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 permitting video gaming and is in good standing with same;
(2) The establishment has been in operation at the location for at least three 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 or the state;
(5) The applicant has completed, and complies with, all the application requirements set forth in § 112.04 of this chapter and is not disqualified due to a felony, gambling offense or crime of moral turpitude; and
(6) If the village subsequently adopts zoning regulations, the establishment must be 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 40% 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 division (C) above.
(E) A new establishment must meet the requirements of division (B)(2) above unless the applicant is also a current majority owner of an existing business at another location that has been in operation for at least 3 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 12-month period video gaming net terminal income at the other business location did not exceed 40% of the gross revenues.
(F) The Village Mayor shall be the approving authority for all licenses. In the event a licensee or prospective licensee disagrees with any action taken by the Village Mayor, an appeal may be made directly to the Village Board of Trustees at its next regularly scheduled meeting after written notice of the action from which an appeal is made.
(Ord. 453, passed 11-8-2023) Penalty, see § 112.99