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A. License Required: No person, firm or corporation shall set up for operation, operate or distribute for the purpose of operation, within the corporate limits of the city, or shall keep or maintain, or permit to be kept and maintained, for play or operation, within any room in any tavern, shed, booth, building or enclosure, or any part thereof, occupied or tenanted by such person, firm, or corporation, within the corporate limits of the city, any coin operated amusement device without having a license in full force and effect to do so as provided in this section. (1977 Code § 9.10.030; amd. 2013 Code)
B. Application For License: Any person, firm or corporation desiring a license to operate, or exhibit for operation or play, a coin operated amusement device within the corporate limits of the city shall make application in writing therefor to the city clerk, which application shall contain the name or names and address or addresses of the applicant or applicants, the number of the devices and the type or types thereof for which the license is desired. The applicant or applicants shall deposit with the application, in cash, the license fee provided in subsection C of this section. (1977 Code § 9.10.040; amd. 2013 Code)
C. License Fee: The annual license fee for said coin operated amusement devices shall be in the amount of twenty five dollars ($25.00) for each device. (1977 Code § 9.10.050; amd. 2013 Code)
D. Issuance Or Denial Of License: If the application is in conformity with the provisions of this section and if it appears from such application that the device or devices for which said application is made are coin operated amusement devices, as defined in section 4-3B-1 of this article, the mayor shall grant such application, and thereupon, the mayor and the city clerk shall issue to such applicant or applicants a license for the public operation of each of such devices, which license shall describe the coin operated amusement device for which, if is granted, shall contain the name of the licensee or licensees, and shall specify the expiration date of such license. In the event that no license or licenses are granted by the mayor upon such application, the deposit of the license fee accompanying said application shall forthwith be returned to the applicant or applicants. (1977 Code § 9.10.040; amd. 2013 Code)
E. Attachment Of License To Device: The license issued for each coin operated amusement device shall be, at all times, affixed to the device for which it was issued in a plainly visible and exposed place thereon, and failure of the licensee or keeper of such device to so affix and keep affixed such license, at any time, shall constitute a violation of this section. (1977 Code § 9.10.060; amd. 2013 Code)
F. Expiration Of License: All such licenses shall expire on December 31 next following the date of issuance thereof. No license other than an annual license shall be issued. (1977 Code § 9.10.050)
G. Revocation Of License: Any license issued pursuant to this section may be revoked by the mayor for good cause. (1977 Code § 9.10.070; amd. 2013 Code)
A. Gambling Devices: Except for devices licensed by the state in the video gaming act and those used in the administration of the Illinois lottery system, no gambling device shall be kept, maintained or operated within the corporate limits of the city. (1977 Code § 9.10.020; amd. 2013 Code)
B. Gambling: No keeper or keepers of any coin operated amusement device in any room, business or other place occupied or tenanted by such keeper or keepers within the corporate limits of the city shall permit or suffer any person or persons to wager, bet or hazard any money or other valuable thing upon the result of the action of such coin operated amusement device or the result of the combination of the action of such device and the player or players, within such room, business or other place. (1977 Code § 9.10.080; amd. 2013 Code)
ARTICLE C. GAMBLING AND VIDEO GAMING
SECTION:
4-3C-1: Definitions
4-3C-2: Authority Of the Liquor Commissioner
4-3C-3: Inspection
4-3C-4: General Duties Of All Video Gaming Licenses
4-3C-5: Continuing Duty To Report Violations
4-3C-6: Duties Of Licensed Video Terminal Operators
4-3C-7: Duties Of Licensed Video Gaming Locations
4-3C-8: Minimum Standards For Use Agreements
4-3C-9: Direct Dispensing Of Receipts Tickets Only
4-3C-10: Restriction Of Licenses
4-3C-11: Residency Requirement
4-3C-12: Multiple Types Of Licenses Prohibited
4-3C-13: Display Of Licenses; Hours Of Operation
4-3C-14: Video Gaming Terminal Use By Minors Prohibited
4-3C-15: Licensing Qualifications
4-3C-16: Licensing Procedures
4-3C-17: Denials of Applications For Licensure
4-3C-18: Disciplinary Actions Against Licensees
4-3C-19: Location And Placement Of Video Gaming Terminals
4-3C-20: Disposal Of Video Gaming Terminals
4-3C-21: State-Local Relations
4-3C-22: Number Of Licenses; Classifications Of Licenses
4-3C-23: Privilege Granted By License; Transferability
4-3C-24: Licenses Subject To Amendments
4-3C-25: Applicability Of Illinois Riverboat Gambling Act
4-3C-26: Judicial Review
For the purposes of this chapter, the following terms shall have the following meaning:
AFFILIATE: | An affiliate of, or person affiliated with, a specified person means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such person. |
AFFILIATED ENTITY: | Any business entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, the person. |
APPLICANT: | A person applying for any license under this chapter. |
APPLICATION: | All material submitted, including the instructions, definitions, forms and other documents issued by the City, comprising the video gaming license application submitted to the City. |
ASSOCIATED VIDEO GAMING EQUIPMENT: | Ticket payout systems and validation procedures; wireless, promotional and bonusing systems; kiosks; gaming related peripherals; hardware, software and systems; and other gaming devices and equipment for compliance with: A. Illinois laws, regulations, and requirements as codified or otherwise set forth; and B. Illinois gaming board approved video gaming industry standards. |
ATTRIBUTED INTEREST: | A direct or indirect interest in an enterprise deemed to be held by an individual not through the individual's actual holdings but either through the holdings of the individual's relatives or through a third party or parties on behalf of the individual pursuant to a plan, arrangement, agreement or contract. |
BUSINESS ENTITY OR BUSINESS: | A partnership, incorporated or unincorporated association or group, firm, corporation, limited liability company, partnership for shares, trust, sole proprietorship or other business enterprise. |
CHI-SQUARE TEST: | A statistical test used to determine if a relationship between variables exists by comparing expected and observed cell frequencies. Specifically, a chi-square test examines the observed frequencies in a category and compares them to what would be expected by chance or would be expected if there was no relationship between variables. |
CITY: | The City of Marion. |
CODE: | The City code of ordinances of the City of Marion, Illinois. |
CONTROL: | The possession, direct or indirect, of power to direct or cause the direction of the management and policies of an applicant or licensee through the ownership of voting securities, by contract or otherwise. |
CREDIT: | One, five (5), ten (10), or twenty-five cents ($0.25) either won or purchased by a player. |
DISTRIBUTOR: | An individual, partnership, corporation, or limited liability company licensed under the video gaming act to buy, sell, lease, or distribute video gaming terminals or major components or parts of video gaming terminals to or from terminal operators. |
FRATERNAL ORGANIZATION: | An organization or institution organized and conducted on a not for profit basis with no personal profit inuring to anyone as a result of the operation and that is exempt from federal income taxation under section 501(c)(8) or (c)(10) of the internal revenue code (26 USC 501(c)(8) or (c)(10)). |
GAME: | A gambling activity that is played for money, property or anything of value, including, without limitation, those played with cards, chips, tokens, vouchers, dice, implements, or electronic, electrical or mechanical devices or machines. |
GAMING: | The dealing, operating, carrying on, conducting, maintaining or exposing for play of any game. |
GAMING OPERATION: | The conducting of gaming or the providing or servicing of gaming equipment. |
ILLINOIS GAMING BOARD: | The board created by the Illinois legislature to regulate video gaming by the state of Illinois. |
ILLINOIS RESIDENT: | A. With respect to an individual, an individual who is either: 1. Domiciled in Illinois or maintains a bona fide place of abode in Illinois; or 2. Is required to file an Illinois tax return during the taxable year. |
B. With respect to a corporation, any corporation organized under the laws of Illinois and any foreign corporation with a certificate of authority to transact business in Illinois. A foreign corporation not authorized to transact business in Illinois is a nonresident of Illinois. C. With respect to a partnership, a partnership in which any partner is an Illinois resident, or where the partnership has an office and is doing business in Illinois. D. With respect to an irrevocable trust, a trust where the grantor was an Illinois resident at the time the trust became irrevocable. | |
INSTITUTIONAL INVESTOR: | A. A retirement fund administered by a public agency for the exclusive benefit of federal, state or local public employees; B. An investment company registered under section 8 of the investment company act of 1940 (15 USC 80a-8); C. A collective investment trust organized by a bank under part 9 of the rules of the comptroller of the currency (12 CFR 9.18); D. A closed-end investment trust registered with the United States securities and exchange commission; E. A chartered or licensed life insurance company or property and casualty insurance company; F. A federal or state bank; G. An investment advisor registered under the investment advisors act of 1940 (15 USC 80b-1 through 80b-21); or H. Such other person as the Illinois gaming board may determine for reasons consistent with the video gaming act and this chapter. |
LICENSED ESTABLISHMENT: | Any licensed retail establishment where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises and includes any such establishment that has a contractual relationship with an intertrack wagering location licensee licensed under the Illinois horse racing act of 1975, provided any contractual relationship shall not include any transfer or offer of revenue from the operation of video gaming under the video gaming act to any licensee licensed under the Illinois horse racing act of 1975. Provided, however, that the licensed establishment that has such a contractual relationship with an intertrack wagering location licensee may not, itself, be: a) an intertrack wagering location licensee, b) the corporate parent or subsidiary of any licensee licensed under the Illinois horse racing act of 1975, or c) the corporate subsidiary of a corporation that is also the corporate parent or subsidiary of any licensee licensed under the Illinois horse racing act of 1975. "Licensed establishment" does not include a facility operated by an organization licensee, an intertrack wagering licensee, or an intertrack wagering location licensee licensed under the Illinois horse racing act of 1975 or a riverboat licensed under the riverboat gambling act, except as provided in this definition. |
LICENSED FRATERNAL ESTABLISHMENT: | The location where a qualified fraternal organization that derives its charter from a national fraternal organization regularly meets. |
LICENSED TECHNICIAN: | An individual who is licensed under the video gaming act to repair, service, and maintain video gaming terminals. |
LICENSED TERMINAL HANDLER: | A person, including, but not limited to, an employee or independent contractor working for a manufacturer, distributor, supplier, technician, or terminal operator, who is licensed under the video gaming act to possess or control a video gaming terminal or to have access to the inner workings of a video gaming terminal. A licensed terminal handler does not include an individual, partnership, corporation, or limited liability company defined as a manufacturer, distributor, supplier, technician or terminal operator under section 5 of the video gaming act. |
LICENSED VETERANS' ESTABLISHMENT: | The location where a qualified veterans' organization that derives its charter from a national veterans' organization regularly meets. |
LICENSED VIDEO GAMING LOCATION: | A "licensed establishment", "licensed fraternal establishment", "licensed truck stop establishment", "licensed large truck stop establishment", or "licensed veterans' establishment", all as defined in section 5 of the video gaming act and this chapter, that holds a valid authorization granted by the City permitting the licensee to operate the maximum number of video gaming terminals at the establishment as defined by the Video Gaming Act. |
LICENSEE: | The person, firm or entity to whom an authorization is granted by the City permitting it to engage in the defined activities of video gaming. |
LIQUOR COMMISSIONER: | The liquor commissioner of the City. |
LIQUOR LICENSE: | A license issued by a governmental body authorizing the holder to sell and offer for sale at retail alcoholic liquor for use or consumption. |
LOCATION LICENSE: | Authorization granted by the City permitting a licensee to locate a video gaming terminal in the City. |
MAJOR COMPONENTS OR PARTS: | Components or parts that comprise the inner workings and peripherals of a video gaming terminal, including, but not limited to, the device's hardware, software, human interface devices, interface ports, power supply, ticket payout system, bill validator, printer and any component that affects or could affect the result of a game played on the device. |
MANUFACTURER: | An individual, partnership, corporation, or limited liability company that is licensed under the video gaming act and that manufactures or assembles video gaming terminals. |
OWNERSHIP INTEREST: | Includes, but is not limited to, direct, indirect, beneficial or attributed interest, or holder of stock options, convertible debt, warrants or stock appreciation rights, or holder of any beneficial ownership or leasehold interest in a business entity. |
PERSON: | Both individuals and business entities. |
PERSON WITH SIGNIFICANT INTEREST OR CONTROL: ANY OF THE FOLLOWING: | A. Each person in whose name the liquor license is maintained for each licensed video gaming location; B. Each person who, in the opinion of the liquor commissioner, has the ability to influence or control the activities of the applicant or licensee, or elect a majority of its board of directors, other than a bank or licensed lending institution that holds a mortgage or other lien, or any other source of funds, acquired in the ordinary course of business; C. Persons having the power to exercise significant influence or control over decisions concerning any part of the applicant's or licensee's video gaming operation. |
SECURITY: | An ownership right or creditor relationship. |
SECURITY INTEREST: | An interest in property that secures the payment or performance of an obligation or judgment. |
SOLE PROPRIETOR: | An individual who in his or her own name owns one hundred percent (100%) of the assets and who is solely liable for the debts of a business. |
STATE: | The state of Illinois. |
STATE LICENSE: | Authorization granted by the Illinois gaming board permitting a licensee to engage in the defined activities of video gaming. |
SUBSTANTIAL INTEREST (WITH RESPECT TO A PARTNERSHIP, A CORPORATION, AN ORGANIZATION, AN ASSOCIATION, A BUSINESS OR A LIMITED LIABILITY COMPANY): | A. When, with respect to a sole proprietorship, an individual or his or her spouse owns, operates, manages, or conducts, directly or indirectly, the organization, association or business, or any part thereof; or B. When, with respect to a partnership, the individual or his or her spouse shares in any of the profits, or potential profits, of the partnership activities; or |
C. When, with respect to a corporation, an individual or his or her spouse is an officer or director or the individual or his or her spouse is a holder, directly or beneficially, of five percent (5%) or more of any class of stock of the corporation; or D. When, with respect to a limited liability company, an individual or his or her spouse is a member, or the individual or his or her spouse is a holder, directly or beneficially, of five percent (5%) or more of the membership interest of the limited liability company; or E. When, with respect to any other organization not covered in subsection (a), (b), (c) or (d) of this definition, an individual or his or her spouse is an officer or manages the business affairs, or the individual or his or her spouse is the owner of, or otherwise controls, ten percent (10%) or more of the assets of the organization; or F. When an individual or his or her spouse furnishes five percent (5%) or more of the capital, whether in cash, goods or services, for the operation of any business, association or organization during any calendar year. For purposes of this definition, "individual" means all individuals or their spouses whose combined interest would qualify as a substantial interest under this definition and whose activities with respect to an organization, association, or business are so closely aligned or coordinated as to constitute the activities of a single entity. | |
SUPPLIER: | An individual, partnership, corporation, or limited liability company that is licensed under the video gaming act to supply major components or parts of video gaming terminals to licensed terminal operators. |
TERMINAL OPERATOR: | An individual, partnership, corporation, or limited liability company that is licensed under the video gaming act that owns, services, and maintains video gaming terminals for placement in licensed video gaming locations in the City. |
TRUCK STOP ESTABLISHMENT:
| A facility (i) that is at least a 3-acre facility with a convenience store, (ii) with separate diesel islands for fueling commercial motor vehicles, (iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial motor vehicles as defined in Section 18b-101 of the Illinois Vehicle Code. The requirement of item (iii) of this paragraph may be met by showing that estimated future sales or past sales average at least 10,000 gallons per month.
|
USE AGREEMENT: | A contractual agreement between a licensed terminal operator and a licensed video gaming location establishing terms and conditions for placement and operation of video gaming terminals by the licensed terminal operator within the premises of the licensed video gaming location. |
VETERANS' ORGANIZATION: | An organization or institution organized and conducted on a not for profit basis with no personal profit inuring to anyone as a result of the operation and that is exempt from federal income taxation under section 501(c)(19) of the internal revenue code (26 USC 501(c)(19)). |
VIDEO GAMING ACT: | |
VIDEO GAMING EQUIPMENT: | Video gaming terminals, associated video gaming equipment and major components or parts. |
VIDEO GAMING OPERATION: | As the context requires, means the conducting of video gaming and all related activities. |
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, as 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. |
VIDEO GAMING TERMINAL LICENSE: | Authorization granted by the City permitting a licensed terminal operator to operate a video gaming terminal in the City. (Ord. 3567, 9-23-2019; amd. Ord. 3572, 10-14-2019
; Ord. 3712, 2-22-2021
) |
Notes
| 1 | 230 ILCS 40/1 et seq. |
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