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A. Each video gaming terminal shall be licensed by the Illinois gaming board and by the City before placement or operation on the premises of a licensed video gaming location in the City. The state license, the video gaming terminal license and the location license shall be maintained at the location where the video gaming terminal license is operated.
B. Any terminal operator that possesses any video gaming terminal shall have a registration tag issued by the Illinois gaming board and a registration tag issued by the City securely affixed on each such video gaming terminal.
C. Any video gaming terminal without a current registration tag shall be subject to seizure. Any agent of the city may demand and gain access to any property relating to a licensed video gaming location or any location where video gaming terminals are stored, sold, distributed, or transported, and seize any video gaming terminal which does not bear a current registration tag or is operating in a manner that violates any provision of the illinois gaming act or this chapter. Such video gaming terminals so seized shall be subject to confiscation and forfeiture. In the event the city seizes video gaming terminals in accordance with this section, the city shall notify the terminal operator of such seizure and of the terminal operator's right to a hearing under section 4-3C-18 of this chapter.
D. The odds of winning each video game shall be posted on or near each video gaming terminal. The manner in which the odds are calculated and how they are posted shall be determined by the Illinois gaming board by rule.
E. No video gaming terminal licensed under this chapter may be played except during the legal hours of operation allowed for the consumption of alcoholic beverages at the licensed video gaming location. A licensed video gaming location that violates this subsection is subject to termination of its license by the liquor commissioner. (Ord. 3567, 9-23-2019)
The rules contained in this section and the subsections thereunder shall govern qualifications for all types of video gaming licenses issued by the City pursuant to this chapter.
A. Issuance of License:
1. The burden is upon each applicant to demonstrate his or her suitability for licensure. Each video gaming terminal operator owning, maintaining, or placing a video gaming terminal in a licensed video gaming location located in the City shall obtain a video gaming terminal license from the liquor commissioner for each video gaming terminal in a licensed video gaming location located in the City. Each operator of a licensed video gaming location located in the City where a video gaming terminal is maintained or placed shall obtain a location license from the liquor commissioner. The liquor commissioner may issue or deny a license under this chapter to any person pursuant to the same criteria set forth in section 9 of the riverboat gambling act 1 .
2. The liquor commissioner shall not grant a license to a person who has facilitated, enabled, or participated in the use of coin operated devices for gambling purposes or who is under the significant influence or control of such a person. For the purposes of this subsection, "facilitated, enabled, or participated in the use of coin operated amusement devices for gambling purposes" means that the person has been convicted of any violation of chapter 28 of the criminal code of 2012, 720 Illinois Compiled Statutes 5/28-1 et seq. If there is pending legal action against a person for any such violation, then the liquor commissioner shall delay the licensure of that person until the legal action is resolved.
3. Each person seeking and possessing a license as a video gaming terminal operator or a licensed video gaming location shall submit to a background investigation conducted by the Illinois gaming board with the assistance of the state police or other law enforcement. The background investigation shall include each beneficiary of a trust, each partner of a partnership, and each director and officer and all stockholders of five percent (5%) or more in a parent or subsidiary corporation of a video gaming operator or a licensed video gaming location.
4. Each person seeking and possessing a license as a video gaming terminal operator or a licensed video gaming location shall disclose the identity of every person, association, trust, corporation, or limited liability company having a greater than one percent (1%) direct or indirect pecuniary interest in the video gaming terminal operation for which the license is sought. If the disclosed entity is a trust, the application shall disclose the names and addresses of the beneficiaries; if a corporation, the names and addresses of all stockholders and directors; if a limited liability company, the names and addresses of all members; or if a partnership, the names and addresses of all partners, both general and limited.
5. No person may be licensed as a video gaming terminal operator or a licensed video gaming location if that person has been found by the Illinois gaming board to:
a. Have a background, including a criminal record, reputation, habits, social or business associations, or prior activities that pose a threat to the public interests of the state or to the security and integrity of video gaming;
b. Create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of video gaming; and
c. Present questionable business practices and financial arrangements incidental to the conduct of video gaming activities.
6. Any applicant for any license under this chapter has the burden of proving his or her qualifications to the satisfaction of the liquor commissioner. The City may adopt rules to establish additional qualifications and requirements to preserve the integrity and security of video gaming in the City.
B. Precondition For Licensed Location: In all cases of application for a licensed location, to operate a video gaming terminal, each licensed video gaming location shall possess a valid state license for a video gaming location, a valid liquor license issued by the Illinois liquor control commission and a valid local liquor license issued by the liquor commissioner in effect at the time of application and at all times thereafter during which a video gaming terminal is made available to the public for play at that location. Video gaming terminals in a licensed video gaming location within the City shall be operated only during the same hours of operation generally permitted to holders of a license under the provisions of chapter 4 of this code.
C. Insurance: Each terminal operator shall maintain liability insurance on each video gaming terminal that it places in a licensed video gaming location in an amount set by the Illinois gaming board.
D. Minimum Requirements for Licensing and Registration: Every video gaming terminal offered in the City for play shall first be tested and approved pursuant to the rules of the Illinois gaming board, and each video gaming terminal offered in the City for play shall conform to an approved model. Every video gaming terminal offered in the City for play must meet minimum standards set by an independent outside testing laboratory approved by the Illinois gaming board. Each approved model shall, at a minimum, meet the following criteria:
1. It must conform to all requirements of federal law and regulations, including FCC class A emissions standards.
2. It must theoretically pay out a mathematically demonstrable percentage during the expected lifetime of the machine of all amounts played, which must not be less than eighty percent (80%). The maximum payout percentage for approved models shall conform to the requirements established by the Illinois gaming board by rule. Video gaming terminals that may be affected by skill must meet this standard when using a method of play that will provide the greatest return to the player over a period of continuous play.
3. It must use a random selection process to determine the outcome of each play of a game. The random selection process must meet ninety nine percent (99%) confidence limits using a standard chi-squared test for (randomness) goodness of fit.
4. It must display an accurate representation of the game outcome.
5. It must not automatically alter pay tables or any function of the video gaming terminal based on internal computation of hold percentage or have any means of manipulation that affects the random selection process or probabilities of winning a game.
6. It must not be adversely affected by static discharge or other electromagnetic interference.
7. It must be capable of detecting and displaying the following conditions during idle states or on demand: power reset; door open; and door just closed.
8. It must have the capacity to display complete play history (outcome, intermediate play steps, credits available, bets placed, credits paid, and credits cashed out) for the most recent game played and ten (10) games prior thereto.
9. The theoretical payback percentage of a video gaming terminal must not be capable of being changed without making a hardware or software change in the video gaming terminal, either on site or via the central communications system.
10. Video gaming terminals must be designed so that replacement of parts or modules required for normal maintenance does not necessitate replacement of the electromechanical meters.
11. It must have non-resettable meters housed in a locked area of the video gaming terminal that keep a permanent record of all cash inserted into the machine, all winnings made by the video gaming terminal printer, credits played in for video gaming terminals, and credits won by video gaming players. The video gaming terminal must provide the means for on demand display of stored information as determined by the Illinois gaming board.
12. Electronically stored meter information required by subsection (d)(11) of this section must be preserved for a minimum of one hundred eighty (180) days after a power loss to the service.
13. It must have one or more mechanisms that accept cash in the form of bills. The mechanisms shall be designed to prevent obtaining credits without paying by stringing, slamming, drilling, or other means. If such attempts at physical tampering are made, the video gaming terminal shall suspend itself from operating until reset.
14. It shall have accounting software that keeps an electronic record which includes, but is not limited to, the following: total cash inserted into the video gaming terminal; the value of winning tickets claimed by players; the total credits played; the total credits awarded by a video gaming terminal; and payback percentage credited to players of each video game.
15. It shall be linked by a central communications system to provide auditing program information as approved by the Illinois gaming board. The central communications system shall use a standard industry protocol, as defined by the Gaming Standards Association, and shall have the functionality to enable the Illinois gaming board or its designee to activate or deactivate individual gaming devices from the central communications system. In no event may the communications system approved by the Illinois gaming board limit participation to only one manufacturer of video gaming terminals by either the cost in implementing the necessary program modifications to communicate or the inability to communicate with the central communications system.
16. It shall display Amber Alert messages, should the Illinois gaming board, in its discretion, require video gaming terminals to display Amber Alert messages.
17. It shall comply with such rules which establish additional criteria to preserve the integrity and security of video gaming as the Illinois gaming board may adopt.
E. Qualifications for Licensure:
1. Applicant Qualifications for Any Video Gaming License: In addition to the qualifications required in the video gaming act, the regulations promulgated under the video gaming act or this chapter, the liquor commissioner may not grant any video gaming license until the liquor commissioner is satisfied that the applicant is:
a. A person of good character, honesty and integrity;
b. A person whose background, including criminal record, reputation and associations, is not injurious to the public health, safety, morals, good order and general welfare of the people of the state or the City;
c. A person whose background, including criminal record, reputation and associations, does not discredit or tend to discredit the Illinois gaming industry, the state or the City;
d. A person whose background, including criminal record, reputation, habits, social or business associations does not adversely affect public confidence and trust in gaming or pose a threat to the public interests of the state, the City or to the security and integrity of video gaming;
e. A person who does not create or enhance the dangers of unsuitable, unfair or illegal practices, methods and activities in the conduct of video gaming;
f. A person who does not present questionable business practices and financial arrangements incidental to the conduct of video gaming activities or otherwise;
g. A person who, either individually or through employees, demonstrates business ability and experience to establish, operate and maintain a business for the type of license for which application is made;
h. A person who does not associate with, either socially or in business affairs, or employ persons of notorious or unsavory reputation or who have extensive police records, or who have failed to cooperate with any officially constituted investigatory or administrative body; and
i. A person who has not had a gaming license revoked in any other jurisdiction.
2. Applicant Qualifications for a Video Gaming Terminal License: In addition to all other qualifications required in the video gaming act, the regulations promulgated under the video gaming act or this chapter, the liquor commissioner may not grant a video gaming terminal license until the liquor commissioner is satisfied that the applicant:
a. Is a person who demonstrates adequate financing for the business proposed. The liquor commissioner shall consider whether any financing is from a source that meets the qualifications in subsections (e)(1)(A) through (e)(1)(I) of this section, and is in an amount sufficient to ensure the likelihood of success in the performance of the licensee's duties and responsibilities pursuant to the video gaming act, the regulations promulgated under the video gaming act or this chapter; and
b. Has disclosed all persons with significant influence or control over the applicant or licensee.
3. Past Participation in Video Gaming:
a. The liquor commissioner shall not grant a license to a person who has facilitated, enabled or participated in the use of coin operated amusement devices for gambling purposes on or after December 16, 2009, or who is under the significant influence or control of such a person.
b. The liquor commissioner has discretion not to grant a license to a person who, before December 16, 2009, has facilitated, enabled or participated in the use of coin operated amusement devices for gambling purposes, or who is under the significant influence or control of such a person.
F. Persons with Significant Influence or Control:
1. The liquor commissioner shall identify each person that holds a position or level of influence over or control in each applicant or licensee that is significant to the regulatory concerns and obligations of the liquor commissioner for the specified applicant or licensee.
2. Each person identified as a person with significant influence or control shall comply with the following:
a. Cooperate fully with any investigation conducted by or on behalf of the liquor commissioner;
b. Comply with the video gaming act, the regulations promulgated under the video gaming act or this chapter; and
c. Submit initial and annual disclosure information on forms provided by the Illinois gaming board and the City.
3. Persons with significant influence or control include, but are not limited to, 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 other 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. (Ord. 3567, 9-23-2019)
Notes
| 1 | 230 ILCS 10/9 |
The rules contained in this section and the subsections thereunder shall govern procedures for applying for, renewing and maintaining all types of video gaming licenses issued by the City pursuant to this chapter.
A. Applications:
1. Application Forms: Applications for licensure or renewal shall be submitted on applications and forms provided by the City.
2. Additional Materials: An applicant or its affiliate may be required to submit forms or materials in addition to an application as required by subsection (a)(1) of this section.
3. Institutional Investor:
a. A business entity that qualifies as an institutional investor may submit a video gaming institutional investor disclosure form in lieu of a video gaming business entity disclosure form as instructed in an application if the institutional investor:
(1) Submits a video gaming institutional investor disclosure form to the Illinois gaming board and the City within forty five (45) days after the institutional investor individually or jointly with others cumulatively acquires, directly or indirectly, five percent (5%) or more but less than twenty percent (20%) of any class of publicly traded securities issued by a corporate applicant, licensee, parent or subsidiary company of an applicant or licensee;
(2) Holds or controls the publicly traded securities issued by a corporate applicant, licensee, parent or subsidiary company of an applicant or licensee in the ordinary course of business for investment purposes only; and
(3) Does not exercise or intend to exercise influence or control over the affairs of the issuer of the publicly traded securities issued by a corporate applicant, licensee, parent or subsidiary company of an applicant or licensee or their affiliates.
b. An institutional investor's exercise in voting privileges on matters put to the vote of the outstanding security holders shall not be deemed the exercise or intent to exercise influence or control over the affairs of the issuer of those securities.
c. If an institutional investor exempt from filing a video gaming business entity disclosure form as allowed in subsection (a)(3)(A)(iii) of this section subsequently determines to exercise influence or control over the affairs of the issuer of the publicly traded securities issued by a corporate applicant, licensee, parent or subsidiary company of an applicant or licensee or their affiliates, the institutional investor shall provide not less than thirty (30) days' notice of the intent and shall file with the illinois gaming board and the city a video gaming business entity disclosure form before taking any action that may influence or control the affairs of the issuer of those securities or their affiliates.
d. The video gaming institutional investor disclosure form shall not be construed to preclude the city from requiring an institutional investor to submit a video gaming business entity disclosure form if the city determines that the submission is proper and in furtherance of the act and this section.
e. An institutional investor exempt from filing a video gaming business entity disclosure form as allowed in subsection A.3.a.(3) of this section shall certify in writing to be bound by and comply with the video gaming act and this section.
4. Application Procedures:
a. An applicant is seeking a privilege and assumes and accepts any and all risk of adverse publicity, notoriety, embarrassment, criticism or other action, or financial loss that may occur in connection with the application process.
b. Any misrepresentation or omission made with respect to an application may be grounds for denial of the application.
c. Applications, forms, and requested materials shall be submitted in triplicate and as required by the applications and instructions.
d. Individuals required to submit video gaming personal disclosure forms shall be photographed and fingerprinted by the Illinois gaming board.
e. An application shall be deemed filed when the completed application form, including all required documents and materials, and the application fee have been submitted.
5. Amendments and Incorporation by Reference:
a. An application may be amended with approval by the liquor commissioner.
b. The liquor commissioner may allow information, documents, or other materials submitted by an applicant to be incorporated by reference into a subsequent application.
B. Submission of Application: All applications shall be submitted to the liquor commissioner at the City Clerk's office.
C. Consideration of Applications: Only complete applications will be considered for licensure. Applications are complete when the applicant has submitted:
1. All information required by this chapter;
2. All information required or requested by the City; and
3. Payment of the application fee.
D. Withdrawal of Applications:
1. An application for licensure under this chapter may be withdrawn unless the intended withdrawal is objected to by the liquor commissioner.
2. If an application for licensure is withdrawn, the applicant may not reapply for a license within one year from the date withdrawal is granted, without leave of the liquor commissioner.
E. Issuance of License:
1. The liquor commissioner may only issue a license after the Illinois gaming board background investigation is complete, the Illinois gaming board determines the applicant is suitable for licensure, and the applicant has filed a completed application and paid the required application fee.
2. If an applicant is denied a license, the applicant may not reapply for a license within one year from the date on which the final order of denial was made.
F.
Fees for Licensure, Per Terminal:
1. The annual, non-refundable, fee for the operation of a video gaming terminal, other than in a tax-exempt or fraternal establishment, shall be twelve-hundred dollars ($1,200.00) per terminal, to be split equally between the terminal operator and the licensed video gaming establishment.
2. The annual, non-refundable, fee for the operation of a video gaming terminal in a tax-exempt or fraternal organization shall be four hundred dollars ($400.00) per terminal, to be split equally between the terminal operator and the licensed video gaming establishment.
G. Renewal of License:
1. All licenses issued by the City under this chapter shall expire on January 31 and are renewable annually through the month of January unless sooner canceled or terminated. No license issued under this chapter is transferable or assignable.
2. The liquor commissioner may only renew a license upon receipt of a copy of the current state license, the applicable renewal fee and any renewal forms provided by the liquor commissioner.
3. The liquor commissioner may only renew a license if the licensee continues to meet all qualifications for licensure set forth in the video gaming act, the regulations promulgated pursuant to the video gaming act and this chapter. (Ord. 3567, 9-23-2019; amd. Ord. 3768, 1- -2022)
The rules contained in this section and the subsections thereunder shall govern all hearings requested upon issuance of a notice of denial of an application for licensure. Hearings under this section and the divisions thereunder are de novo proceedings for the creation of a record regarding an applicant's suitability for licensure. A hearing under this section and the subsections thereunder is not an appeal of the liquor commissioner's action.
A. Requests for Hearing:
1. If the liquor commissioner finds that an applicant is not suitable for licensure, the liquor commissioner shall issue the applicant a notice of denial.
2. The liquor commissioner shall serve notice on the applicant by personal service or U.S. certified mail and U.S. mail to the last known address of the applicant. Service is complete four (4) days after mailing.
3. Should an applicant wish to contest the action the liquor commissioner has taken regarding his or her application, the applicant must submit a request for hearing to the liquor commissioner.
4. All requests for hearing shall be in writing and shall include an original and one copy. The request shall contain the following:
a. The name, current address and current telephone number of the applicant;
(1) Detailed reasons why and the facts upon which the applicant will rely to show that the applicant is suitable for licensure, including specific responses to any facts enumerated in the Illinois gaming board's notice of denial; and
(2) A signature of the applicant.
(3) A verification of the request for hearing in the following form:
The undersigned certifies that the statements set forth in this request are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he/she verily believes the same to be true.
(4) The request must be notarized.
(5) A deposit of five hundred dollars ($500.00) to secure the attendance of a stenographer at the hearing to record the proceedings. Following the conclusion of the hearing, the City shall either refund to the applicant any portion of the deposit that exceeds the cost of the stenographer to record the proceedings or shall invoice the applicant for the amount of the cost of the stenographer to record the proceedings that exceeds the deposit.
5. A request for hearing must be made within ten (10) days after receipt of notice of denial from the liquor commissioner. A request shall be deemed filed on the date on which it is postmarked.
6. If a request for hearing is not filed within ten (10) days after the receipt of notice from the liquor commissioner, then the notice of denial becomes the final order of the liquor commissioner denying the applicant's license application.
7. A request for hearing shall be deemed granted unless denied. The liquor commissioner may deny a request for hearing if the statement of the reasons and facts that it contains does not establish a prima facie case or fails to comply with any of the other requirements of this section. The liquor commissioner's denial of a request for hearing is a final decision, and the denial of licensure becomes a final order on the date the liquor commissioner denies the request for hearing.
8. A request for hearing may not be withdrawn or voluntarily dismissed if the liquor commissioner determines that withdrawal or voluntary dismissal is not in the best interests of the public and the video gaming industry in the City. If the liquor commissioner allows an applicant to withdraw a hearing request, the initial notice of denial becomes a final liquor commissioner order on the date leave to withdraw is granted. If the applicant does not prosecute his or her case after twenty -one (21) days, the liquor commissioner may enter a default judgment against the applicant. Failure to prosecute shall result in entry of default judgment against the applicant.
9. The applicant may submit a request for hearing by:
a. Personal delivery;
b. Certified mail, postage prepaid; or
c. Overnight express mail, postage prepaid.
10. All requests for hearing must be submitted to the liquor commissioner at the City's offices.
11. If a request is granted, the liquor commissioner shall conduct a hearing.
B. Appearances:
1. All applicants may be represented by an attorney who is licensed to practice in Illinois. All attorneys who appear in a representative capacity on behalf of an applicant must file a written appearance setting forth:
a. The name, address and telephone number of the attorney;
b. The name and address of the applicant the attorney represents; and
c. An affirmative statement that the attorney is licensed to practice in Illinois.
2. Only individual attorneys may file appearances. Any applicant's attorney who has not filed an appearance may not address the liquor commissioner or sign pleadings.
3. An attorney may only withdraw his or her appearance upon written notice to the liquor commissioner.
4. An individual may appear on his or her own behalf.
5. A partner may appear on behalf of a partnership.
6. A corporation and a limited liability company must be represented by an attorney.
7. The City will be represented by its internal counsel.
8. The liquor commissioner may, but shall not be required to, appoint an attorney admitted to the practice of law by, and in good standing with, the Illinois supreme court to advise the liquor commissioner on conducting the hearing in accordance with this section.
C. Discovery:
1. Upon written request served on the opposing party, a party shall be entitled to:
a. The name and address of any witness who may be reasonably expected to testify on behalf of the opposing party;
b. All documents or other materials in the possession or control of the opposing party that the opposing party reasonably expects will be necessary to introduce into evidence. The applicant's burden of production includes those documents the applicant reasonably expects to introduce into evidence either in his, her or its case in chief or in rebuttal. Rebuttal documents, to the extent that they are not immediately identifiable, shall be tendered to the City unless additional time is granted by the liquor commissioner.
2. Discovery may be obtained only through written requests to produce witness lists, documents or other materials, as specified in subsection (c)(1) of this section. Witnesses and documents responsive to a proper request for production that were not produced shall be excluded from the hearing and additional sanctions or penalties may be imposed.
D. Subpoenas:
1. Subpoenas for the attendance of witnesses at hearing may be served by a party only upon application to the liquor commissioner.
a. The applicant must show good cause, state the testimony to be elicited from a witness, state why the evidence to which the testimony relates cannot otherwise be obtained, and state the reasons why the testimony is necessary and relevant.
b. An agent or employee of the City may not be required by the applicant to appear except under the procedures provided in this section.
2. The liquor commissioner may issue subpoenas for the attendance of witnesses or subpoenas duces tecum for the production of relevant documents, records or other material at a proceeding conducted under this chapter.
E. Proceedings:
1. The burden of proof is at all times on the applicant. The applicant shall have the affirmative responsibility of establishing by clear and convincing evidence that the applicant is suitable for licensing or that enforcement of a security interest is warranted.
2. All testimony shall be given under oath or affirmation.
3. All testimony and oral proceedings shall be recorded stenographically or by such other means as to adequately ensure the preservation of such testimony or oral proceedings and shall be transcribed on request of any party. The stenographer or such other means as to adequately ensure the preservation of such testimony or oral proceedings shall be arranged by the City. The cost of the stenographer or such other means as to adequately ensure the preservation of such testimony or oral proceedings shall be paid by the applicant. The transcript shall be paid for by the requesting party.
4. Both parties may present opening statements. The applicant shall proceed first, followed by the City.
5. The applicant shall then present his or her case in chief.
6. Upon the conclusion of the applicant's case in chief, the City may move for a directed finding. The liquor commissioner may hear arguments on the motion or may grant, deny or reserve decision, without argument.
7. If no motion for directed finding is made, or if the motion is denied or decision reserved, the City may present its case.
8. Upon the conclusion of the City's case, the applicant may present evidence in rebuttal.
9. Each party may conduct cross examination of adverse witnesses.
10. Both parties may present closing arguments. The applicant shall proceed first, followed by the City, and thereafter the applicant may present rebuttal argument.
F. Evidence:
1. The hearing need not be conducted according to the technical rules of evidence. Any relevant evidence may be admitted and shall be sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statute that might make improper the admission of evidence over objection in a civil action. Hearsay may support a finding of the liquor commissioner if it is the best evidence available, has sufficient indicia of trustworthiness and reliability and is of the type reasonably and customarily relied on in the video gaming industry.
a. If relevant and not precluded from the hearing by section 6(d) of the riverboat gambling act 1 relating to all licensed applicants, official Illinois gaming board records or certified copies of the records shall be admissible into evidence.
b. Official Illinois gaming board records are documents either prepared by or provided to the Illinois gaming board for the purpose of conducting its regular business.
c. If relevant and not precluded from the hearing by a statute, regulation or ordinance, official City records or certified copies of the records shall be admissible into evidence.
d. Official City records are documents either prepared by or provided to the City for the purpose of conducting its regular business.
e. An applicant must afford the City an opportunity to investigate and verify information that the applicant intends to offer in support of his or her case. The applicant shall not be permitted to introduce into evidence any information that the City has not been afforded the opportunity to investigate and verify.
2. The parties should, to the fullest extent possible, stipulate to all matters that are not or fairly should not be in dispute.
3. The parties may make objections to evidentiary offers. When an objection is made, the liquor commissioner may receive the disputed evidence subject to a ruling at a later time.
4. The liquor commissioner may take official notice of any generally accepted information or technical or scientific matter within the field of video gaming, and any other fact that may be judicially noticed by courts of this state. The parties shall be informed of any information, matter or facts so noticed, including any City staff memoranda or data, and shall be given reasonable opportunity to refute that information.
G. Prohibition On Ex Parte Communication: Once a hearing is commenced, no applicant or its representative shall communicate directly or indirectly with the liquor commissioner regarding any pending denial, except upon notice to and opportunity for all parties to participate.
H. Sanctions and Penalties:
1. The liquor commissioner may impose sanctions and penalties if the liquor commissioner finds that a party has acted in bad faith, for the purpose of delay, or has otherwise abused the hearing process. Sanctions and penalties include, but are not limited to, default judgment or directed finding on one or more issues.
2. If an applicant fails to testify on his or her own behalf with respect to any question propounded to him or her, the liquor commissioner may infer that such testimony or answer would have been adverse to the petitioner's case.
3. Failure of an applicant to appear at a hearing or scheduled proceeding shall constitute an admission of all matters and facts contained in the notice of denial. In such cases the liquor commissioner may take action based upon that admission or upon any other evidence, including affidavits, without any further notice to the applicant.
I. Hearing Record and Order:
1. The record shall consist of the following:
a. The notice of denial, the request for hearing and all motions and rulings;
b. All evidence received;
c. A statement of matters officially noticed; and
d. Offers of proof, objections and rulings.
2. Upon conclusion of the hearing the liquor commissioner shall review the entire record and shall render a written order including written findings of fact and conclusions of law on which the liquor commissioner's decision is based. The findings of fact shall be based exclusively on the evidence and on matters officially noticed.
3. Copies of the liquor commissioner's final order shall be served on the applicant by personal delivery, certified mail or overnight express mail to applicant's last known address.
4. The liquor commissioner's final order shall become effective upon personal delivery to the applicant or upon posting by certified or overnight express mail to applicant's last known address.
J. Status of Applicant for Licensure Upon Filing Request for Hearing: An applicant who has been denied a license and who has requested a hearing under this subsection shall be considered an applicant for purposes of compliance with applicable statutory provisions and this section until final resolution of the request for hearing. (Ord. 3567, 9-23-2019)
Notes
| 1 | 230 ILCS 10/6(d) |
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