§ 137.05 VIDEO GAMING.
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-35, adopted 10-7-2024). The text of the amendment will be incorporated below when the ordinance is codified.
   Video gaming in accordance with the Video Gaming Act (ILCS Chapter 230, Act 40, §§ 1 et seq.) shall be permitted in the village in compliance with the following:
   (A)   Any establishment within the village which holds a liquor license and has obtained a license to operate a video gaming terminal from the Illinois Gaming Board at such premises shall be required to apply for and obtain a supplemental video gaming permit for the establishment from the village pursuant to § 116.05(J) of Code of the Village of East Dundee.
   (B)   No establishment shall operate a video gaming terminal without having obtained a license and video gaming terminal sticker for each video gaming terminal from the village pursuant to the license application procedures of this Code.
   (C)   The fee for a supplemental liquor video gaming establishment license shall be $1,000 per license year and the fee for each video gaming terminal in an establishment in the village shall be $250 per machine per license year. The $250 per machine per license year fee shall be paid 50% by the terminal operator and paid 50% by the licensed establishment, per ILCS Chapter 230, Act 40, § 65. The license year shall be from January 1 through December 31 of the following year. The license fees shall not be prorated or refunded. Notwithstanding any term in this section to the contrary, all licenses in effect as of May 16, 2022 shall expire on June 30, 2022 and such licenses may thereafter be renewed, if the requirements of this section are met, with terms as set forth in this section, which will result in a partial-year term of July 1, 2022 through December 31, 2022, and then with full-year terms thereafter of January 1 through December 31 each year.
   (D)   Video gaming terminals may not be operated on any premises that is located within 100 feet of a school or a place or worship.
   (E)   The number of video gaming terminals at an establishment shall be limited as follows, which square footage shall apply to establishments which are first approved by the village for a supplemental video gaming permit on and after July 18, 2022:
      (1)   There shall not be more than fewer of (a) six video gaming terminals on the premises of any licensed establishment, licensed truck stop establishment, licensed veterans establishment or licensed fraternal establishment, as defined in the Video Gaming Act (ILCS Chapter 230, Act 40); and (b) one video gaming terminal per 750 square feet of interior floor area on the premises.
      (2)   There shall not be more than the fewer of (a) ten video gaming terminals on the premises of any large truck stop establishment, as defined in the Video Gaming Act (ILCS Chapter 230, Act 40); and (b) one video gaming terminal per 750 square feet of interior floor area on the premises.
   (F)   Video gaming terminals must be located in an area that is restricted to persons over 21 years of age. The entrance to such area must be within the view of at least one employee.
   (G)   No license may cause or permit any person under the age of 21 years to use or play a video gaming terminal.
   (H)   Each establishment that desires to operate a video gaming terminal must possess a valid liquor license issued by the Illinois Liquor Control Commission and the village.
   (I)   Those establishments that are licensed establishments, licensed fraternal establishments, licensed veterans establishments and licensed large truck stop establishments, all as defined in the Video Gaming Act (ILCS Chapter 230, Act 40), may operate video gaming terminals only during the hours of operation for the consumption of alcoholic beverages at the establishment.
   (J)   Noise from video gaming terminals shall not extend beyond the portion of the establishment within which video gaming terminals are located.
   (K)   Every licensed establishment shall comply with all provisions of the Video Gaming Act and all rules, regulations and restrictions imposed by the Illinois Gaming Board.
(Ord. 09-32, passed 11-2-2009; Am. Ord. 14-08, passed 4-7-2014; Am. Ord. 17-46, passed 9-11-2017; Am. Ord. 19-27, passed 8-5-2019; Am. Ord. 22-02, passed 1-24-2022; Am. Ord. 22-19, passed 5-16-2022; Am. Ord. 22-30, passed 7-18-2022)