A. The following definition is applicable to this section:
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, 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.
B. Unless otherwise provided for in this section:
1. It is unlawful to keep, place, maintain or operate any gambling device in and upon the premises used or occupied as a place where alcoholic liquor is sold or given away.
2. It shall be unlawful for any licensee, or his agent and/or employee, to give or award a cash prize or equivalent to any person playing any gambling device.
C. Notwithstanding subsection B of this section, video gaming terminals shall be permitted in and upon the premises used or occupied as a place where alcoholic liquor is sold or given away if each of the following conditions is first met:
1. The use and placement thereof is in compliance with the provisions of the Video Gaming Act 1 , as amended; and
2. The use and placement thereof is in compliance with the provisions of all rules promulgated by the Illinois Gaming Board pursuant to the Illinois Administrative Procedures Act; and
3. The licensee or agent of the licensee:
a. Obtains a Class V liquor license pursuant to the provisions of this chapter. This license shall be required in conjunction with and in addition to the liquor license already required to be held by the establishment for the service, sale, production, or consumption of alcohol hereunder;
b. Files with the Village Clerk a copy of the licensee's written use agreement with the terminal operator for placement of the video gaming terminals and a copy of the license issued by the Illinois Gaming Board; and (Ord. 2016-12-168, 12-5-2016)
c. Pays to the Village an annual fee pursuant to title 13, chapter 1, "Fee Schedule", of this Code for each video gaming terminal upon the premises. (Ord. 2016-12-168, 12-5-2016; amd. Ord. 2018-12-279, 12-3-2018)
D. No video gaming terminal that is permitted under the provisions of this section may be played except during the legal hours of operation allowed for the consumption of alcoholic beverages on the licensed premises.
E. No licensee shall cause or permit any person under the age of twenty one (21) years to use or play a video gaming terminal that is permitted under the provisions of this section.
F. In those licensed video gaming locations where separation from minors under twenty one (21) is required, a physical barrier to the gaming area is required, which may consist of a short partition, gate or rope or other means of separation. No barrier shall visually obscure the entrance to the gaming area from an employee of the licensed video gaming location who is over the age of twenty one (21).
G. The owner, manager or employee of the licensed video gaming location who is over twenty one (21) years of age shall be present during all hours of operation, and the video gaming terminals or the entrance to the video gaming terminal area must be within the view of at least one owner, manager or employee.
H. It shall be unlawful for any licensee, or his agent and/or employee, to permit or allow anyone to play for money, or other valuable thing, at any game with cards, dice or chips, or with any other article, instrument or other thing whatsoever, which may be used for the purpose of playing or betting upon or winning or losing money, or any other thing or article of value, or to get on any game others may be playing, upon any premises licensed under this section, unless otherwise properly licensed to do so by the State of Illinois.
I. If a licensee violates any provision of the Video Gaming Act or any provision related to video gaming terminals contained in this section, such violation shall be deemed a violation of the licensee's liquor license. (Ord. 2016-12-168, 12-5-2016)
Notes
| 1 | 1. 230 ILCS 40/1 et seq. |