(A) License required. It shall be unlawful for any person to display, operate or allow the playing of any VGT on the person’s premises unless such person has obtained:
(1) A Class VGH (video gaming hall) license; or
(2) A Class TS (truck stop) license; or
(3) A valid and current Class A (bar), Class AA (hotel), Class B (restaurant, beer and wine), Class BW (micro-brewery), Class E (bona fide club), Class R (restaurant, beer, wine and spirits) plus a video gaming rider; and
(4) A video gaming license issued by the Illinois Gaming Board pursuant to the Gaming Act.
(B) License and rider are privileges. Each Class VGH and Class TS license shall constitute a privilege, not a right, to display, operate and allow the playing of one or more VGTs on the licensee’s premises.
(C) No guarantee of renewal. The granting of a Class VGH and Class TS license or a video gaming rider shall not constitute any representation or warranty by the city that the city will renew such license and/or rider upon or following expiration of the said license and/or rider.
(D) Posting of license and rider. The Class VGH licensee and Class TS licensee and video gaming rider holder shall display their license and rider, as the case may be, in a conspicuous public place within the licensee’s premises such that patrons, city law enforcement officers, agents of the Illinois Liquor Control Commission, and agents of the Illinois Gaming Board can readily observe and inspect the license and rider.
(E) Right to inspect premises. The granting of any Class VGH and Class TS license and video gaming rider shall constitute express consent by the licensee to allow any city or state law enforcement officer, city code enforcement inspector, or employee of the Illinois Liquor Control Commission or Illinois Gaming Board to enter onto the licensee’s premises at any time said premises are open for business to determine whether any provision of this chapter, the Liquor Act, or Gaming Act or any other city ordinance is being or has been violated.
(F) Video gaming hall (Class VGH) license. An applicant, other than a current licensee, that seeks authority to operate an establishment whose principal business will be displaying, operating and allowing the playing of one or more VGTs must apply for and obtain a Class VGH license. A video gaming hall is defined as any establishment that meets the following:
(1) Any business that derives or expects to derive 60% or more of that business’ gross revenue from the display, operation and play of VGTs.
(2) The premises seating area for playing VGTs will be greater than the seating area where food and/or beverages, including alcohol, will be served.
(3) Food prepared in a bona fide on-premises full-service kitchen will not be offered for sale for on-premises and/or off-premises consumption.
(4) The premises in which the business will be conducted or is being conducted is no greater than 1,500 square feet.
(5) Such other conditions or indicia that lead the liquor commissioner to reasonably conclude that the business intends to operate, display and allow the public to play VGTs as the principal source of the business’ revenue.
(G) Truck stop (Class TS) licenses. A truck stop establishment (whether a truck stop or a large truck stop), as defined in the Gaming Act, may apply for a Class TS license whether or not they possess another license that authorize the sale alcohol for on-premises or off-premises consumption.
(1) The issuance of Class TS license alone shall not be deemed or construed as authorizing the Class TS licensee to sell alcohol in any form, whether for on-premises or off-premises consumption.
(2) A Class TS licensee may apply for a Class P license as provided in § 96.09(I) that authorizes the sale of alcohol in original package form for off-premises consumption.
(3) No Class TS licensee shall be granted any type of license or rider that in any way authorizes the sale and service of alcohol in any form for on-premises consumption.
(4) A Class TS licensee shall not display and allow the operation of any more VGTs on its premises than are expressly provided in the Gaming Act.
(H) Video gaming riders. Any person that has a valid current Class A (bar), AA (hotel), B (restaurant, beer and wine), E (club), BW (micro-brewery), or R (restaurant, beer, wine and spirits) licensee may apply to the city for a video gaming rider that authorizes the display, operation and playing of one or more VGTs on the rider holder’s premises. The applicant must also obtain a license from the Illinois Gaming Board prior to displaying, operating or allowing the playing of any VGT as provided in the Gaming Act. An applicant for a Class A, AA, B, BW, E, or R license may also apply for a video gaming rider following receipt of a video gaming license issued by the Illinois Gaming Board.
(I) Application.
(1) The application for a Class VGH and Class TS license or a video gaming rider shall be on a form provided by the deputy liquor commissioner and shall require the same information as provided in § 96.03(A), (C) and (D). The application shall further request the following information:
(a) The number of VGTs the applicant seeks to display and operate for play;
(b) The area within the establishment where such VGTs will be located; and
(c) Such other information as the liquor commissioner deems important or relevant.
(2) Each application shall be signed and verified under oath by the applicant individually if the applicant is applying for a license in his or her individual name, or by a duly authorized officer or agent, if the applicant is an entity other than a sole proprietorship. The person signing the application and verification under oath must be age 21 or older. The applicant need not be a resident of the city. Except as provided in § 96.19(D) of this chapter, all fees charged by the city for the license or rider applied for must be tendered to the city at the time the application is submitted.
(3) Prior to displaying, operating or allowing the play of any VGT, the city shall have the authority to verify the following:
(a) That each VGT sought to be displayed, operated and played and the premises area where each such VGT is to be displayed, operated and played are properly licensed by the Illinois Gaming Board pursuant to the Gaming Act;
(b) That the issuance of the VGH license will not be detrimental to the health, safety or welfare of any citizen of the city or be contrary to the best interests of the city; and
(c) That no other reasonable cause exists to disallow the operation and play of one or more VGTs on the applicant’s premises.
(J) Number of licenses. The total number of licensed establishments authorized to display, operate and allow the playing of VGTs on their premises, whether pursuant to a license or a rider shall be as stated in § 96.50.
(K) Restrictions on issuance. Class VGH license, Class TS license and a video gaming rider shall not be issued to:
(1) An applicant who does not have a valid license issued by the State of Illinois pursuant to the Gaming Act as a terminal operator or licensed premises.
(2) A person who has had a previous alcohol license or a video gaming rider issued by the city or a similar license issued by any other city or state or the federal government revoked.
(3) An elected or appointed city official that has a 5% or more direct or indirect interest in the establishment seeking a Class VGH or Class TS license or a video gaming rider. An indirect interest shall include members of the elected or appointed official’s immediate spouse, and the applicant’s and spouse’s parents, siblings, and/or children.
(L) Conditions for displaying, operating and playing of VGTs. The following conditions shall apply to all Class VGH and Class TS licensees and video gaming rider holders:
(1) No individual under the age of 21 years shall be permitted to operate or play a VGT.
(2) No individual under the age of 21 years shall be permitted to enter a Class VGH licensee’s premises or, in the case of a video gaming rider holder, the area within which the rider holder’s premises where one or more VGTs are displayed. Placement of VGTs within the licensed premises shall be subject to the rules promulgated by the Illinois Gaming Board.
(3) Applications for Class VGH license and video gaming riders shall be made on forms provided by the deputy liquor commissioner and shall be submitted with the applicant’s initial application or renewal application, as the case may be. Each Class VGH license and/or rider, as the case may be, shall be in the form prescribed by the liquor commissioner.
(4) Class VGH licenses and video gaming riders shall not be transferable to any other person except as provided in § 96.27(F)(4).
(5) A Class VGH license or video gaming rider holder shall not display on the licensee’s premises more VGTs than allowed by the Gaming Act and the city.
(6) Class VGH licensees shall comply with the Gaming Act, the Liquor Act and this chapter in connection with the displaying, operating and playing of VGTs and the sale and service of alcohol for on-premises consumption only.
(7) Class VGH licensees and video gaming rider holders shall allow the operation and play of their VGTs only during the hours when alcohol sales are permitted, as provided in § 96.28 and when alcohol is made available for sale or service for on-premises consumption.
(8) Placement of video gaming terminals within a licensed premises shall be subject to the Gaming Act.
(9) All Class VGH licenses and video gaming riders shall be prominently displayed in the licensee’s or rider holder’s premises. Failure to display such license or rider shall be grounds for immediate suspension of the license or rider or such other discipline as provided in this chapter.
(10) Each establishment authorized to display, operate and allow the playing of any VGT shall provide signs in English and in Spanish, that provide, in substance, the following:
ARE YOU A PROBLEM GAMBLER? The American Psychiatric Association describes the symptoms of a problem gambler as someone who:
1. is preoccupied with gambling (e.g., preoccupied with reliving past gambling experiences, handicapping or planning the next venture, or thinking of ways to get money with which to gamble).
2. needs to gamble with increasing amounts of money in order to achieve the desired excitement.
3. has repeated unsuccessful efforts to control, cut back, or stop gambling.
4. is restless or irritable when attempting to cut down or stop gambling.
5. gambles as a way of escaping from problems or of relieving a dysphoric mood (e.g., feelings of helplessness, guilt, anxiety, depression).
6. after losing money gambling, often returns another day to get even (“chasing” one’s losses).
7. lies to family members, therapist, or others to conceal the extent of involvement with gambling.
8. has committed illegal acts such as forgery, fraud, theft, or embezzlement to finance gambling.
9. has jeopardized or lost a significant relationship, job, or educational or career opportunity because of gambling.
10. relies on others to provide money to relieve a desperate financial situation caused by gambling.
If this describes YOU, please call the Gamblers Anonymous Hotline at 1-800-GAMBLER.
(M) Renewal of license and rider. Renewals of Class VGH, TS licenses and video gaming riders shall be on forms provided by the deputy liquor commissioner. All information that is out-of-date at the time of submission of a renewal application shall be updated.
(N) Fees. The annual fee for a Class VGH license and video gaming rider shall be as specified in § 96.51.
(O) Casino exemption. Any Class C licensee that has obtained authority from the Illinois Gaming Board to operate a casino, as defined in the Illinois Gambling Act (230 ILCS l0/1 et seq.), shall be exempt from the requirements of this § 96.12.
(Ord. 9470, passed 3-5-24)