A. Definitions: For the purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.
GAMBLING DEVICE: | Any clock, tape machine, slot machine, or other machines or device for the reception of money or other thing of value on chance or skill, or upon the action of which money or other thing of value is staked, hazarded, bet, won, or lost; or any mechanism, furniture, fixture, equipment, or other device designed primarily for use in a gambling place. A GAMBLING DEVICE does not include the following: 1. Coin-in-the-slot operated mechanical devices. 2. Vending machines. 3. Crane games. 4. Redemption machines. 5. Video game terminals. |
INTERNET: | An interactive computer service or system or an information service, system, or access software provided that provides or enables computer access by multiple users to a computer server, including but not limited to an information service, system, or access software provider that provides access to a network system commonly known as the internet or any comparable system or service, and also including but not limited to a world-wide web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service. ACCESS and COMPUTER have the meanings ascribed to them in ILCS Ch. 720, Act 5, § 16D-2. |
LOTTERY: | Any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prizes, whether such scheme or procedure is called a lottery, raffle, gift, sale, or some other name, excluding savings promotion raffles authorized under § 5g of the Illinois Banking Act (ILCS Ch. 205, Act 5, § 5g), § 7008 of the Illinois Bank Savings Act (ILCS Ch. 205, Act 205, § 7008), § 42.7 of the Illinois Credit Union Act (ILCS Ch. 205, Act 305, § 42.7), section 5136B of the National Bank Act (12 U.S.C. 25a), or section 4 of the Home Owners' Loan Act (12 U.S.C. 1463). |
POLICY GAME: | Any scheme or procedure whereby a person promises or guarantees by any instrument, bill, certificate, writing, token, or other device that any particular number, character, ticket, or certificate shall in the event of any contingency in the nature of a lottery entitle the purchaser or holder to receive money, property, or evidence of debt. |
B. Gambling:
1. A person commits gambling when, within the corporate limits of the village, he or she:
a. Knowingly plays a game of chance or skill for money or other thing of value, unless excepted in division (b);
b. Knowingly makes a wager upon the result of any game, contest, or any political nomination, appointment, or election;
c. Knowingly operates, keeps, owns, uses, purchases, exhibits, rents, sells, bargains for the sale or lease of, manufactures, or distributes any gambling device;
d. Contracts to have or give himself or herself or another the option to buy or sell, or contracts to buy or sell, at a future time, any grain or other commodity whatsoever, or any stock or security of any company, as described in ILCS Ch. 720, Act 5, § 28-1(a)(4);
e. Knowingly owns or possesses any book, instrument, or apparatus by means of which bets or wagers have been, or are, recorded or registered, or knowingly possesses any money which he or she has received in the courses of a bet or wager;
f. Knowingly sells pools upon the result of any game or contest of skill or chance, political nomination, appointment, or election;
g. Knowingly sets up or promotes any lottery or sells, offers to sell, or transfers any ticket or share for any lottery;
h. Knowingly sets up or promotes any policy game or sells, offers to sell, or knowingly possesses or transfers any policy ticket, slip, record, document, or other similar device;
i. Knowingly drafts, prints, or publishes any lottery ticket or share, or any policy ticket, slip, record, document or similar device, except for such activity related to lotteries, bingo games, and raffles authorized by and conducted in accordance with the laws of Illinois or any other state or foreign government;
j. Knowingly advertises any lottery or policy game, except for such activity related to lotteries, bingo games, and raffles authorized by and conducted in accordance with the laws of Illinois or any other state;
k. Knowingly transmits information as to wagers, betting odds, or changes in betting odds by telephone, telegraph, radio, semaphore, or similar means; or knowingly installs or maintains equipment for the transmission or receipt of such information; except that nothing in this division (a)(11) prohibits transmission or receipt of such information for use in news reporting of sporting events or contests; or
l. Knowingly establishes, maintains, or operates an internet site that permits a person to play a game of chance or skill for money or other thing of value by means of the internet or to make a wager upon the result of any game, contest, political nomination, appointment, or election by means of the internet. This division (a)(12) does not apply to activities referenced in division (b)(6) below.
2. Participants in any of the following activities shall not be convicted of gambling:
a. 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;
b. Offers of prizes, awards, 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;
c. Pari-mutuel betting as authorized by the law of this state;
d. Manufacture of gambling devices, including the acquisition of essential parts therefor and 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 or the manufacture, distribution, or possession of video gaming terminals, as defined in the Video Gaming Act (ILCS Ch. 239, Act 40), by manufacturers, distributors, and terminal operators licensed to do so under the Video Gaming Act;
e. The game commonly known as "bingo," when conducted in accordance with ILCS Ch. 230, Act 25, §§ 1 et seq.;
f. (1) Lotteries when conducted by the state in accordance with ILCS Ch. 20, Act 1605, §§ 1 et seq. This exemption includes any activity conducted by the Department of Revenue to sell lottery tickets pursuant to the provisions of the Illinois Lottery Law and its rules;
(2) The purchase of lottery tickets through the internet for a lottery conducted by the state under the program established in ILCS Ch. 20, Act 1605, § 7.12;
g. 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, an ANTIQUE SLOT MACHINE is one manufactured 25 years ago or earlier;
h. Raffles and Poker Runs when conducted in accordance with ILCS Ch. 230, Act 15, §§ 1 et seq.;
i. The purchase of raffle chances for a raffle conducted in accordance with the Raffles and Poker Runs Act.
j. Charitable games when conducted in accordance with ILCS Ch. 230, Act 30, §§ 1 et seq.; and
k. Pull tabs and jar games when conducted under ILCS Ch. 230, Act 20, §§ 1 et seq.;
l. Gambling games authorized under ILCS Ch. 230, Act 10, §§ 1 et seq.;
m. Video gaming terminal games at a licensed establishment, licensed large truck stop establishment, licensed fraternal establishment, or licensed veterans establishment when conducted in accordance with the Video Gaming Act;
n. Games of skill or chance where money or other things of value can be won but no payment or purchase is required to participate.
o. Savings promotion raffles authorized under § 5g of the Illinois Banking Act (ILCS Ch. 205, Act 5, § 5g), § 7008 of the Illinois Bank Savings Act (ILCS Ch. 205, Act 205, § 7008), § 42.7 of the Illinois Credit Union Act (ILCS Ch. 205, Act 305, § 42.7), section 5136B of the National Bank Act (12 U.S.C. 25a), or section 4 of the Home Owners' Loan Act (12 U.S.C. 1463).
3. Circumstantial evidence. In prosecutions under division (a) of this section, circumstantial evidence shall have the same validity and weight as in any criminal prosecution.
C. Keeping a Gambling Place:
1. For purposes of this section, a GAMBLING PLACE is any real estate, vehicle, boat, or any other property whatsoever used for the purposes of gambling other than gambling conducted in the manner authorized by the Video Gaming Act (ILCS Ch. 239, Act 40). No person shall knowingly permit any premises or property owned or occupied by him or her or under his or her control to be used as a gambling place.
2. When any premises is determined by the circuit court to be a gambling place:
a. The premises is hereby declared to be a public nuisance and may be proceeded against as such; and
b. The premises of any person who knowingly permits thereon a violation of any section of this chapter shall be held liable for and may be sold to pay any unsatisfied judgment that may be recovered and any unsatisfied fine that may be levied under any section of this chapter.
D. Seizure of Gambling Devices and Gambling Funds:
1. Every device designed for gambling which is incapable of lawful use or every device used unlawfully for gambling shall be considered a gambling device and shall be subject to seizure, confiscation, and destruction by village authorities. As used in this section, a GAMBLING DEVICE includes any slot machine and includes any machine or device constructed for the reception of money or other thing of value and so constructed as to return or cause someone to return on chance to the player thereof money, property, or a right to receive money or property. With the exception of any device designed for gambling which is incapable of lawful use, no gambling device shall be forfeited or destroyed unless an individual with a property interest in the device knows of the unlawful use thereof.
2. Every gambling device shall be seized and forfeited as contraband to the county wherein the seizure occurs. Any money or other thing of value integrally related to acts of gambling shall be seized and forfeited as contraband to the county wherein the seizure occurs.
E. Video Gaming:
1. Definitions: For purposes of this subsection E, the following words and phrases shall have the following meanings ascribed to them respectively:
LICENSED ESTABLISHMENT: | Any retail establishment licensed under this section where alcoholic liquor is drawn, poured, mixed, or otherwise served for use or consumption on the premises. |
LICENSEE: | The person or persons, general or limited partnership, corporation, trust, land trust, joint venturer, or limited liability company holding a video gaming license to operate video gaming terminals under the provisions of this section. |
TERMINAL OPERATOR: | An individual, partnership, corporation or limited liability company that is licensed under the Illinois Video Gaming Act that owns, services, and maintains video gaming terminals for placement in licensed establishments, licensed truck stop establishments, licensed fraternal establishments or licensed veterans establishments. |
VIDEO GAMING: | The ownership, placement, maintenance, operation or use of a video gaming terminal. |
VIDEO GAMING TERMINAL: | Any licensed electronic video game machine offered for play by licensed establishments operated in accordance with the Illinois Video Gaming Act and the provisions of this Code. |
2. Video Gaming License Required: Video gaming terminals as authorized by the state pursuant to the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) are permitted within the Village at licensed liquor establishments in the village, provided that:
a. No licensed establishment shall be permitted to operate any video gaming terminals in the village unless the establishment also has obtained a video gaming license from the village and paid the annual license fee; and
b. Every licensee shall strictly comply with all of the conditions, rules and regulations imposed by the state and by the village.
3. Video Gaming License Fee: The annual video gaming license fee shall be one hundred fifty dollars ($150.00) per an establishment. The annual fee shall be split equally between the licensed establishment and the terminal operator.
4. Liquor License Required: Each establishment that desires to operate video gaming terminals within the village must possess a valid local liquor license issued by the village and a state liquor license issued by the Illinois Liquor Control Commission.
5. Application For License: Applications for a video gaming license shall be made to and filed with the village clerk, shall be in writing, signed by the applicant, if an individual, or a duly authorized agent thereof if a corporation, verified by oath or affidavit. Such application shall be presented not less than thirty (30) days prior to the date issuance is desired and shall include but is not limited to the following information:
a. The name, address and date of birth of the owner of the video gaming terminal and of the owner or operator of the establishment where the video gaming terminal shall be located;
b. Prior convictions of the owner of the video gaming terminal and the owner or operator of the establishment, if any;
c. The number of video gaming terminals to be installed on the premises, which number may not exceed six (6);
d. The place where the video gaming terminal is to be placed or operated and the business conducted at that place;
e. A description of the video gaming terminal to be covered by the license;
f. A copy of the applicant’s Video Gaming Location License and the Terminal Operator’s Video Gaming License issued by the Illinois Gaming Board.
g. A copy of the applicant’s Retailer’s Liquor License issued by the Illinois Liquor Control Commission; and
h. A statement that the applicant agrees to abide by all federal and state laws and regulations and all village ordinances.
6. Issuance Of License: Upon the filing of an application for a new video gaming license, the village president shall review the application, the applicant’s credentials, the video gaming requirements, and any other relevant information to determine if the video gaming license shall be granted., If the village president approves an application, the applicant shall be issued a license, upon the payment in advance of the required fee, which license shall be in writing over the name and under the seal of the village and executed by the village president and attested by the village clerk.. The village president cannot approve an application unless the number of video gaming licenses authorized under section 9-3-11(E)(7) of the village code is greater than the number of such licenses issued and outstanding.
7. Number Of Licenses Issued: There shall be issued in the village no more than seven (7) video gaming licenses to be in effect at any one time. In the event that any license issued pursuant to this section (1) is surrendered or abandoned by the licensee for any reason; (2) is not renewed by the licensee as required by this section, or (3) is revoked by village president for cause pursuant to this section, such license shall cease to exist, the number of available licenses, as set forth above, shall be immediately and automatically deemed and construed to have been reduced by one without further action by the corporate authorities of the village, and said license shall not be available to be re-issued unless and until the number of available licenses is again increased by an ordinance of the corporate authorities of the village.
8. Term: All video gaming licenses issued pursuant to this section shall be valid from the date of issuance, or in the case of renewals, from January 1 through the business night of December 31, including the morning hours of January 1. A new or renewed video gaming license will be required in order for the licensed establishment to commence operations on January 1 of the New Year.
9. Renewal: Any licensee may apply for renewal of their video gaming licenses at the expiration thereof, provided that the licensee is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose and are in compliance with all applicable ordinances of the village, the Illinois Video Gaming Act and all related rules, regulations and restrictions promulgated by the Illinois Gaming Board. The renewal privilege herein provided for shall not be construed as a contract or as any vested interest or right in any video gaming license issued by the village which shall in any case prevent the village president from decreasing the number of licenses to be issued within the village.
10. Restrictions Of Licenses And Location:
a. No license shall be issued to a licensed establishment that is located within one hundred feet (100') of a school or a place of worship under the Religious Corporation Act.
b. Video gaming terminals must be located in an area restricted to persons over twenty-one (21) years of age and the entrance to which must be within the view of at least one employee, who is over twenty-one (21) years of age.
c. No licensee shall cause or permit any person under the age of twenty-one (21) years to use or play a video gaming terminal.
d. No video gaming terminal may be operated or played except during the hours of sale for the consumption of alcoholic beverages at the licensed establishment.
e. There shall be no more than six (6) video gaming terminals located and operated in any licensed establishment.
11. Suspension Or Revocation:
a. Any licensee who violates, disobeys, omits, neglects or refuses to comply with any provision of this section, the Village Code, or the provisions of the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) and the rules, regulations, and restrictions promulgated under said Act by the Illinois State Gaming Board, may be subject to revocation or suspension of their video gaming license after a public hearing before the village president or his designee.
b. Notice Required. Whenever this section requires a hearing concerning a video gaming license, the licensee shall be afforded reasonable notice of such hearing. The notice shall state:
(1) The time, place, and nature of the charge.
(2) The date when the appearance of the licensee is required.
(3) A reference to the particular sections of the ordinance involved.
(4) A statement informing the licensee of their ability to respond by presenting evidence and argument.
c. Hearings. A hearing required under this section shall be held in accordance with the following rules:
(1) A hearing shall be set at the initial appearance date or any continuance thereof and shall be held at a reasonable time, date, and place.
(2) No cause shall be heard earlier than ten (10) business days after receipt by a licensee of the notice required under this section.
(3) A licensee may present evidence and argument.
(4) The village president may limit, but not prohibit, the presentation of evidence and argument.
(5) An audio recording device shall be present at each hearing and shall record the testimony and evidence presented. In lieu of an audio recording a certified court reporter, or certified shorthand reporter, shall be present at each hearing and shall record the testimony and evidence presented.
d. The village president may grant a continuance if extenuating and unusual circumstances are presented in support of the request for continuance.
e. After a hearing, the village president may revoke or suspend any video gaming license issued if it is determined that the licensee has violated any of the provisions of this section, the Village Code, or the provisions of the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) and the regulations promulgated under said Act by the Illinois State Gaming Board.
f. Any licensed establishment that has its state or local liquor license suspended or revoked or has its state video gaming licenses suspended or revoked, shall automatically, without a hearing, have its video gaming license issued pursuant to this section, revoked or suspended for the duration for which its state or local liquor licenses and/or state video gaming license is revoked or suspended, as the case may be.
12. Penalty: In addition to all other civil remedies available to village, including but not limited to suspension or revocation of any video gaming license or suspension or revocation of the establishment’s local liquor license, any person who violates disobeys, omits, neglects or refuses to comply with any provision of this section shall be subject to the fines set forth in section 1-4-1 of the village code for each such offense. Each day such violation is committed or permitted shall constitute a separate offense and shall be punishable as such hereunder. All violations of this section are hereby determined to be a nuisance which may be abated or enjoined by the village. The village reserves the right to suspend or revoke a licensed establishment’s business license issued by the village for the operation of their business if the licensed establishment is in violation of this section and fails to bring the licensed establishment into compliance with this section. In the event the village exercises their right to suspend or revoke a licensed establishment’s business license, the licensee shall be entitled to a hearing and afforded reasonable notice of such hearing as provided for under Section 9-3-11(E)(11) of the village code before their business license is suspended or revoked.
13. Prohibition: To the extent permitted by the Acts, the village reserves the right to prohibit video gaming within the corporate limits of the village, by ordinance. (Ord. 1367-21, 10-5-2021; amd. Ord. 1416-22, 12-6-2022)