(A) It shall be unlawful for any person to:
(1) Play a game of chance or skill for money or other thing of value, unless excepted in division (B) or (C) of this section; or
(2) Make a wager upon the result of any game, contest or any political nomination, appointment or election; or
(3) Operate, keep, own, use, purchase, exhibit, rent, sell, bargain for the sale or lease of, manufacture or distribute any gambling device, except as expressly permitted by division (C) of this section; or
(4) Contract to have or give himself or another the option to buy or sell, or contract to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, where it is at the time of making such contract intended by both parties thereto that the contract to buy or sell, or the option, whenever exercised, or the contract resulting therefrom, shall be settled not by the receipt or delivery of such property, but by the payment only of differences in prices thereof; however, the issuance, purchase, sale, exercise, endorsement or guarantee, by or through a person registered with the Secretary of State pursuant to section 8 of the Illinois Securities Law of 1953, or by or through a person exempt from such registration under said section 8, of a put, call, or other option to buy or sell securities which have been registered with the Secretary of State or which are exempt from such registration under section 3 of the Illinois Securities Law of 1953 is not gambling within the meaning of this division; or
(5) Knowingly own or possess any book, instrument or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possess any money which he has received in the course of a bet or wager, except as expressly permitted by division (C) of this section; or
(6) Sell pools upon the result of any game or contest of skill or chance, political nomination, appointment or election; or
(7) Set up or promote any lottery or sell, offer to sell or transfer any ticket or share for any lottery; or
(8) Set up or promote any policy game or sell, offer to sell or knowingly possess or transfer any policy ticket, slip, record, document or other similar device; or
(9) Knowingly advertise any lottery or policy game or draft, print or publish any lottery ticket or share, or any policy ticket, slip, record, document or similar device, or any advertisement of any lottery or policy game; or
(10) Knowingly transmit information as to wagers, betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore or similar means; or knowingly install or maintain equipment for the transmission or receipt of such information; except that nothing in this division (A)(10) prohibits transmission or receipt of such information for use in news reporting of sporting events or contents.
(B) Participants in any of the following activities shall not be convicted of gambling under division (A) of this section:
(1) Agreements to compensate for loss caused by the happening of chance including, without limitation, contracts of indemnity or guaranty and life or health or accident insurance; and
(2) Offers of prizes, award or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength or endurance or to the owners of animals or vehicles entered in such contest; and
(3) Pari-mutuel betting as authorized by the law of this State; and
(4) Manufacture of gambling devices, including the acquisition of essential parts thereof and/or the assembly thereof, for transportation in interstate or foreign commerce to any place outside this State when such transportation is not prohibited by any applicable Federal law; and
(5) The game commonly known as "bingo", when conducted in accordance with "an Act making lawful the conducting of bingo by certain nonprofit organizations, requiring licensing and prescribing regulations therefor";
(6) Lotteries when conducted by the State in accordance with the "Illinois Lottery Law", enacted by the 78th General Assembly; or
(7) Possession of an antique slot machine that is neither used nor intended to be used in the operation or promotion of any unlawful gambling activity or enterprise. For the purpose of this division (B)(7) an antique slot machine is one manufactured 25 years ago or earlier; or
(8) Video gaming, when conducted in accordance with the Video Gaming Act and licensed pursuant to division (C) of this section.
(C) Video gaming, as defined by the Illinois Video Gaming Act, 230 Illinois Compiled Statutes 40/1 et seq., is permitted in the Village subject to the provisions of this division (C).
(1) A licensed establishment must apply for and obtain a valid gaming terminal license from the Village Administrator for each video gaming terminal to be operated on a licensed premises. Information about the location and operation of the video gaming terminals shall be submitted with the application, along with a copy of the licensee's State video gaming license issued by the Illinois Gaming Board and payment of the gaming terminal fee required by division (C)(2) of this section.
(2) An annual fee of $25 is hereby imposed on each video gaming terminal operated within the Village. The annual fee must be paid at the time of submission of an application for a video gaming license, and annually thereafter.
(3) A video gaming license is purely a personal privilege and does not constitute property nor is it transferable.
(4) The following regulations apply to all licensed establishments operating a video gaming terminal on the licensed premises:
(a) A valid State video gaming license must be clearly displayed at all times.
(b) A valid Village video gaming license must be clearly displayed at all times.
(c) No more than six video gaming terminals may be located on the licensed premises.
(d) All video gaming terminals must be located in an area restricted to persons over 21 years of age. The entrance to the restricted area must be within the view of at least 1 employee of the establishment who is over 21 years of age. Any licensed establishment that allows persons under 21 years of age to enter the establishment must segregate video gaming terminals in a separate area inaccessible to minors.
(e) No licensed establishment may permit any person under the age of 21 years to use, play, or operate a video gaming terminal.
(f) Signage must be posted at the entrance to, and inside of, the designated gaming area in accordance with the regulations adopted by the Illinois Gaming Board.
(g) The licensed establishment must fully comply with all applicable Village ordinances, including the Village's liquor control regulations, as well as any applicable Federal and State laws and regulations.
(h) The licensed establishment must fully comply with the Illinois Video Gaming Act, as amended, and all rules, regulations, and restrictions imposed by the Illinois Gaming Board.
(i) Licensed establishments must immediately notify the Village Administrator in the event the Illinois Gaming Board revokes or suspends the licensed establishment's video gaming license. The revocation, loss, or suspension of a valid State video gaming license shall automatically result in the revocation, loss, or suspension of the Village video gaming license for all video gaming terminals without any refund of any fee.
(j) An owner, manager, or employee over the age of 21 will be present during all hours of operation when video gaming terminals are available for use by the public.
(5) The Village and its agents must be allowed unrestricted access to enter the licensed establishment to determine compliance with this section and the Illinois Video Gaming Act.
(6) In addition to the general penalty authorized by § 10.99 of this Code for violations of this Code, the Village Administrator may revoke or suspend any video gaming license issued by the Village if the Administrator determines the licensed establishment has violated any of the provisions of this division (C), any provision of other Village ordinances, or any applicable State or Federal law or regulation. No video gaming license shall be revoked or suspended, however, until a public hearing has been conducted by the Village Administrator, with a 3 day written notice to the licensed establishment to the licensee or the licensee's manager of the licensed premises. No hearing will be required, however, to revoke or suspend a Village video gaming license for an establishment that has its State video gaming license revoked or suspended.
(7) Video gaming cafes are not permitted in the Village. A
VIDEO GAMING CAFE is defined as an establishment whose primary or a major focus is video gaming, and the service of alcohol and food is secondary to the video gaming operation. The following factors may be considered when determining if a proposed establishment is a video gaming cafe:
(a) The layout and design of the establishment;
(b) The preparation and variety of food and beverages offered;
(c) The creation and operation of a commercial kitchen on the premises where gaming is situated or a partnership with an establishment that operates a commercial kitchen;
(d) The number of video gaming machines relative to the customer seating capacity of the establishment must be 10 customer seats to 1 machine;
(e) The square footage of space devoted to video gaming relative to the amount of space devoted to other activities must be 4 for non-gaming to 1 for gaming;
(f) The source of proposed or actual revenue derived from the establishment;
(g) Whether the establishment is proposed to be marketed as a gaming establishment or have a gambling theme;
(h) The number of employees at the establishment and their proposed function; and
(i) Any other factors as determined relevant by the Local Liquor Commissioner.
(Ord. 84-8-559, passed 8-27-1984; Am. Ord. 13-11-1939, passed 11-25-2013; Am. Ord. 17-4-2073, passed 4-10-2017; Am. Ord. 20-1-2149, passed 1-13-2020)