(A) Intent.
(1) Whereas, the Illinois Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.) authorizes video gaming and the operation of video gaming terminals at certain types of establishments within the State of Illinois; and
(2) Whereas, Section 27 of the Illinois Video Gaming Act (ILCS Ch. 230, Act 40, § 27) provides that a municipality may pass an ordinance prohibiting video gaming within the corporate limits of the municipality; and
(3) Whereas, the corporate authorities of the city find and determine that it is in the best interests of the city and its residents for the city to prohibit video gaming, and that the prohibition of video gaming in the city, as otherwise authorized by the Illinois Video Gaming Act, will promote the public welfare and public safety; and
(4) Whereas, this section is being enacted pursuant to the statutory authority provided by ILCS Ch. 230, Act 40, § 27; and
(5) Whereas, it is the intent of the corporate authorities of the city, in enacting this section, to prohibit video gaming and the operation of video gaming terminals within the corporate limits of the city as would otherwise be allowed under the Illinois Video Gaming Act.
(B) Terms. Terms used in this section that are also used in the Illinois Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.) shall have the same meaning in this section as in the Illinois Video Gaming Act.
(C) Video gaming prohibited.
(1) Video gaming is prohibited within the corporate limits of the city. For purposes of this section, VIDEO GAMING means the possession, use or operation of 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, utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash.
(2) No person shall possess or maintain any video gaming terminal within the corporate limits of the city, except that a person may possess a video gaming terminal if it is in the process of being transported to a location outside the corporate limits of the city.
(D) Penalty. Any person convicted of violating this section shall be subject to a fine of not less than $75 nor more than $500 for each offense.
(1) A separate offense shall be committed each time a person operates a video gaming terminal in a manner that violates division (C)(1) of this section.
(2) A separate offense shall be committed each 24-hour period, or part thereof, that a person is in possession of or maintains a video gaming terminal in violation of division (C)(2) of this section, or is in possession of any other electronic gaming machine that can be used for video gaming in violation of division (C)(1) of this section.
(E) Any video gaming terminal and any other electronic gaming machine that can be used for video gaming that is the subject of a violation of division (C) of this section shall be subject to seizure, and shall be subject to forfeiture upon a finding of guilty of any person for a violation of division (C) of this section. Upon appropriate order of court or administrative hearing officer, the video gaming terminal or other electronic gaming machine shall be destroyed.
(Ord. O-33-09, passed 10-6-09)