(A) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COIN-OPERATED AMUSEMENT DEVICE. Any device which, upon the insertion of a coin, slug, token or disk, may be operated by the public as a game, entertainment or amusement. It includes, but is not limited to, such devices as pinball machines, skill ball machines and electronic games using a video screen and electrical impulses. It includes any other type of mechanical game the object of which is to secure a particular score or high score by the use of balls, spheres, springs, trigger devices or electrical impulses.
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 (ILCS Ch. 230, Act 40, § 5).
(B) Number of devices. There shall not be a prohibition as to the maximum number of coin-operated amusement devices that business establishments may operate, permit to be operated, keep or maintain. The maximum number of video gaming terminals which may be operated by an establishment licensed by the Illinois Gaming Board is authorized from time to time per Illinois statute. (ILCS Ch. 230, Act 40, § 25(e)).
(C) Licensing generally.
(1) No business establishment which is authorized by this section to do so shall operate, permit to be operated, keep or maintain any coin-operated amusement device or video gaming terminal device in the city without first having obtained the appropriate device license and liquor license authorizing the service of liquor and video gaming under Chapter 111 of this code.
(2) Any person may apply for a coin-operated amusement device license with the City Clerk or his or her designated representative. A device license for video gaming terminals must be applied for by the owner of the establishment so designated and licensed by the Illinois Gaming Board allowing such establishment to operate video gaming terminals.
(3) Applications shall be made on forms provided by the city, which shall require:
(a) The name and address of the person making the application;
(b) The names and addresses of all directors, officers and shareholders of the applicant, if applicable;
(c) The name and address of the business establishment where the device is to be used;
(d) A general description of the proposed device;
(e) A list of all felony and misdemeanor arrests of and charges against the applicant and its directors, officers, shareholders or administrators in the last five years, and the nature of the arrest or charge;
(f) The number of other coin-operated amusement devices and/or video gaming terminals proposed for the same address;
(g) The name and address of the owner of the coin-operated amusement devices and/or video gaming terminals; and
(h) Any other information the City Clerk deems necessary to process the application.
(4) The City Clerk shall evaluate each application for an amusement device license and/or video gaming terminal license within 30 days of the date the application is filed. At the end of that time, the Clerk shall either issue the appropriate device license or give a brief written statement of the reasons for rejecting the application for non-compliance with the provisions of this code, this chapter or the Illinois Gaming Act. An application shall be denied only for good cause.
(5) Each coin-operated amusement device and video gaming terminal license shall be effective for a period of one year (from January 1 to December 31), at which time the license shall expire. A new application must be filed prior to the expiration of the license, pursuant to the provisions of this section.
(6) The appropriate device license must be issued prior to the date the applicant installs any device for use. If the device is already on the premises and is already licensed under this title, the appropriate device license shall be obtained pursuant to this section prior to the time the existing license expires. If the device is already on the premises and is unlicensed, a license must be obtained within 60 days of the effective date of the ordinance codified in this section (Ordinance 1402, passed July 23, 1985).
(7) The license can be suspended for a ten day period for violations of the restrictions set forth in division (E) of this section. Any licensee hereunder who is found to be unqualified to hold a license due to a failure to comply with any of the restrictions, or who continually violates any of the provisions of this section, or whose license has been suspended for cause, as provided above, two or more times, shall be subjected to having his or her license revoked by the City Clerk. Upon the occurrence of any of the above, the clerk or his or her designated agent shall cause a notice to be sent to the licensee for a hearing to determine cause as to whether the license should be revoked. The hearing shall be held within ten days, but no sooner than three days, from the receipt of the notice. The notice shall set forth the nature of the hearing and shall contain such information as is necessary to reasonably inform the licensee of those violations for which he or she is charged, and shall further set forth the time, date and location of the hearing. The licensee will be given an opportunity to present testimony and evidence in his or her own behalf as he or she deems necessary. Upon the completion of the hearing, the Clerk shall determine whether sufficient cause has been shown which would require the revocation of the license and shall, within five days from the date of the hearing, inform the licensee, in writing, if the determination results in a revocation.
(8) The license shall be affixed to a prominent place on the device.
(9) A coin-operated amusement device and/or video gaming terminal device may only be used at the address set forth in the license. Licenses are not transferable.
(10) Each coin-operated amusement device shall have affixed to it a current City of Oak Forest municipal coin-operated amusement device decal with an assigned number. Each video gaming terminal device shall have affixed to it a current City of Oak Forest video gaming terminal license decal with an assigned number.
(D) Fee schedule.
(1) The annual fee shall be as listed, per amusement device, per year:
(a) Jukebox: $100;
(b) Dart/video: $100; and
(c) Electronic poker, “21,” dice or other games of chance: $500;
(d) Video gaming terminal as defined in ILCS Ch. 230, Act 40, § 5: $500 (video gaming terminal license fees shall be prorated on a quarterly basis when applicable.)
(2) The transfer fee shall be $4 per machine, per transfer.
(E) Operating restrictions. The following operating restrictions shall apply to all coin-operated amusement and/or video gaming terminals devices located within the city.
(1) Awards for skill or for obtaining a particular score must be posted on the device.
(2) Any person under the age of 14 years who is operating any coin-operated amusement device must be accompanied by an adult. Any person under the age of 21 years may not operate a video gaming terminal device.
(3) Video gaming terminals in a licensed establishment, licensed fraternal establishment, or licensed veterans establishment must be located in an area that is restricted to persons over 21 years of age, and the entrance to the area must be within the view of one employee of the establishment who is over 21 years of age (ILCS Ch. 230, Act 40, § 58).
(4) Devices are not to be placed or operated outside the business premises, including, but not limited to, malls, hallways, parking areas or in any required exit path.
(F) Video gaming. Operation of video gaming terminals is pursuant to the Illinois Video Gaming Act (ILCS Ch. 230, Act 40) and Chapter 111 of this code.
(Ord. 2012-10-0405O, passed 10-23-2012; Am. Ord. 2016-08-0616O, passed 9-13-2016) Penalty, see § 114.999