A.
The total number of video gaming terminal licenses for video gaming terminals issued under this chapter shall not exceed one hundred eighty-eight (188) for Class I licenses as defined in subsection D. of this section. No cap shall exist for Class II licenses as defined in subsection D. of this section.
B. The total number of location licenses for video gaming terminals may be increased or decreased from time to time, by the adoption of an ordinance amending this chapter, in the discretion of the City Council as follows:
1. If an application is submitted to the Liquor Commissioner for a location license for video gaming terminals for which no licenses are currently available, and if the Liquor Commissioner has determined that the application complies in all respects with the requirements of this chapter, other chapters of this Code, City ordinances and State law, and if the Liquor Commissioner recommends issuance of the license, the application shall be presented to the City Council for its consideration of an increase in the number of location licenses available.
2. Whenever a location license previously issued under the provisions of this chapter is not renewed, or is revoked, surrendered, or terminated by dormancy, the maximum number of location licenses shall automatically and immediately be reduced by one. Thereafter, the reduced number of location licenses shall not thereafter be increased without approval by a majority vote of the City Council.
C. The total number of video gaming terminal licenses for video gaming terminals for each licensed video gaming location may be increased or decreased from time to time, by the adoption of an ordinance amending this chapter, in the discretion of the City Council as follows:
1. If an application is submitted to the Liquor Commissioner for a video gaming terminal license for a video gaming terminal for a licensed video gaming location for which no licenses are currently available, and if the Liquor Commissioner has determined that the application complies in all respects with the requirements of this chapter, other chapters of this Code, City ordinances and State law, and if the Liquor Commissioner recommends issuance of the license, the application shall be presented to the City Council for its consideration of an increase in the number of video gaming terminal licenses available for a licensed video gaming location.
2. Whenever a location license previously issued under the provisions of this chapter is not renewed, or is revoked, surrendered, or terminated by dormancy, the maximum number of video gaming terminal licenses for a licensed video gaming location shall automatically and immediately be reduced by the number of video gaming terminal licenses issued for that previously licensed location. Thereafter, the reduced number of video gaming terminal licenses for the licensed video gaming location shall not thereafter be increased without approval by a majority vote of the City Council.
D. There shall be the following classes and subdivisions thereof:
1. Class I: Class I licenses may be issued to any qualifying establishment other than a truck stop establishment
2. Class II: Class II licenses may be issued to any qualifying truck stop establishment. (Ord. 3567, 9-23-2019; amd. Ord. 3712, 2-22-2021)