§ 121.04 REGULATIONS FOR OPERATING VIDEO GAMING TERMINALS.
   The following regulations apply to all licensed establishments operating a video gaming terminal on the licensed premises.
   (A)   A valid State Gaming Board video gaming license must be clearly displayed at all times in a conspicuous place.
   (B)   A valid city video gaming terminal permit shall be clearly displayed at all times on each video gaming terminal whether operational or not.
   (C)   No more than six video gaming terminals may be located on the premises of the licensed establishment.
   (D)   Other than having up to six video gaming terminals with a valid video gaming terminal permit, a licensed establishment is prohibited from having, anywhere on its premises, an electronic video gaming machine which may be available to play or simulate the play of poker, line up, blackjack, roulette, craps, slots, or any other card or dice game or other game of chance, or that is otherwise similar to the gambling or gaming device under this code, even if solely for amusement purposes.
   (E)   All video gaming terminals must be located in an area restricted to persons over 21 years of age. For all licensed video gaming locations that restrict admittance to patrons 21 years of age or older, a separate restricted area is not required. Any licensed video gaming location that allows minors to enter where video gaming terminals are located shall separate any video gaming terminals from the area accessible by minors. In those licensed video gaming locations where separation from minors under 21 is required, a physical barrier to the gaming area is required, which may consist of a short partition, gate or rope. No barrier shall visually obscure the entrance to the gaming area from an employee of the licensed video gaming location who is over the age of 21.
   (F)   No licensed establishment may cause, suffer or permit any person under the age of 21 years to use, play or operate a video gaming terminal.
   (G)   No video gaming terminal may be played except during the legal hours of operation allowed for the consumption of alcoholic beverages at the licensed establishment pursuant to the city Liquor Control Ordinance.
   (H)   The licensed establishment must fully comply with the Illinois Video Gaming Act, ILCS Ch. 230, Act 40, §§ 1 et seq., as amended, and all rules, regulation and restrictions imposed by the Illinois Gaming Board.
   (I)   The licensed establishment must fully comply with all applicable city ordinances, including the city Liquor Control Ordinance, as well as any applicable federal and state laws or regulations.
   (J)   Licensed establishments must immediately notify the City Liquor Control Commissioner in the event the State Gaming Board revokes or suspends the licensed establishment’s video gaming license.
   (K)   A licensed establishment seeking a video gaming terminal permit must have maintained, at a minimum, 50% of its total gross revenue from the sale of food, beverages and alcoholic liquor during the previous 12-month period prior to the commencement of the date of the period for which the licensed establishment is applying.At the time of application for a video gaming terminal permit, the applicant shall provide the City Clerk with a verified report or reports for the required periods, showing its gross revenue from all sources, including food, beverage and alcoholic liquor sales for new applications and additionally video gaming for renewals. This provision shall not apply to any fraternal or veterans establishment.
      (1)   Once an establishment receives a video gaming terminal permit they must maintain that a minimum of 50% of its total gross revenue must come from the sale of food, beverages and alcoholic liquor and documentation of such must be submitted to the city each quarter.
      (2)   In the event that an establishment that has received a video gaming terminal fails to maintain that a minimum of 50% of its total gross revenue has come from the sale of food, beverages and alcoholic liquor as evidenced by the quarterly submissions to the city of verified reports, their video gaming terminal permits will be revoked immediately and the establishment will not be eligible to reapply for a video gaming terminal permit until the next May 1.
      (3)   In the event that an establishment that has received a video gaming terminal permit fails to timely submit their quarterly submissions to the city of verified reports their video gaming terminal permits will be revoked immediately, and the establishment will not be eligible to reapply for a video gaming terminal permit until the next May 1.
   (L)   A licensed establishment applicant for a video gaming terminal permit shall have maintained an establishment with a liquor license, in good standing, in the city for a minimum of 24 consecutive months prior to the commencement date of the permit for which the applicant is applying. This provision shall not apply to any of the following: a fraternal establishment, a veterans establishment, a licensed establishment with an existing video gaming terminal permit issued by the city, an applicant who has acquired an ongoing licensed establishment and who would otherwise qualify for a video gaming permit, and a licensed establishment that, prior to the enactment of this amendment, had pending before the State Gaming Board an application for a video gaming license.
   (M)   The licensed establishment, for which the applicant is seeking a video gaming terminal permit, must be in compliance with all local zoning ordinances at the time of application. This provision shall not apply to any fraternal or veterans establishment.
(Ord. 3859, passed 2-17-2015; Am. Ord. 3989, passed 6-19-2017; Am. Ord. 4116, passed 10-21-2019)