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)