Video gaming in accordance with the Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.) shall be permitted in the village in compliance with the following:
(A) Authorization. Video gaming terminals, as defined herein, may be located, possessed, maintained, and otherwise operated on premises within the village by establishments licensed by the Illinois Gaming Board and by the village, pursuant to the terms, conditions and requirements of this section and of the Video Gaming Act, ILCS Ch. 230, Act 40, §§ 1 et seq. Establishments eligible to be licensed by the Illinois Gaming Board under the Video Gaming Act, as amended, include licensed retail establishments where alcoholic liquor may be drawn, poured, mixed or otherwise served for consumption on the premises, certain fraternal organizations, certain veterans establishments, and certain truck stop establishments. Each establishment that desires to operate a video gaming terminal must possess a valid liquor license issued by the Illinois Liquor Control Commission and the village, and are subject to any supplemental regulations for a particular liquor license category as set forth in Chapter 112 of this Code.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
VIDEO GAMING ACT. The Illinois Video Gaming Act, ILCS Ch. 230, Act 40, §§ 1 et seq., as amended from time to time.
VIDEO GAMING TERMINAL. Any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, 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.
(C) License required. No establishment licensed by the Illinois Gaming Board shall be permitted to operate any video gaming terminal in the village pursuant to the Video Gaming Act, unless the establishment also has obtained a license and paid a yearly fee to the village in the amount specified in this section for each video gaming terminal on its premises. No license may issue where the license applicant owes a debt, fine, fee or penalty to the village.
(D) Application. Application to the village for a video gaming terminal license shall be made to the village on a form provided by the village for such purpose.
(E) Number of terminals. There shall not be more than six video gaming terminals on the premises of any licensed establishment, licensed truck stop establishment, licensed veterans establishment or licensed fraternal establishment, as defined in the Video Gaming Act. There shall not be more than ten video gaming terminals on the premises of any large truck stop establishment, as defined in the Video Gaming Act.
(F) Terminal stickers. The Village Clerk shall issue a decal or sticker for each licensed video gaming terminal to each establishment that obtains a license to locate, maintain or operate a video gaming terminal on its premises. This decal or sticker must be affixed by the applicant to the licensed video gaming terminal in a conspicuous place and must be kept on the device during all times the device is in use. The license year shall be from July 1 through June 30 of the following year. Commencing with the 2022-2023 license year, the fee for each video gaming terminal license decal or sticker located in the village shall be $250 per terminal per license year. Pursuant to Section 65 of the Video Gaming Act (ILCS Ch. 230, Act 40, § 65), the fee shall be shared equally between the terminal operator and the licensed establishment. No decal or sticker shall issue for a license year until the village has received payment of the fee in full. The license fees shall not be prorated or refunded.
(G) License non-transferable. No license issued under this chapter shall be transferable.
(H) Location restrictions. Subject to any applicable exemptions set forth in the Video Gaming Act, no establishment may be licensed under this chapter where it is located within 100 feet of a school or a place of worship.
(I) Location within establishment. Video gaming terminals must be located in an area that is restricted to persons over 21 years of age. The entrance to such area must be within the view of at least one employee.
(J) Age restriction. No licensee may cause or permit any person under the age of 21 years to use or play a video gaming terminal.
(K) Hours. Establishments may operate video gaming terminals only during the hours of operation for the consumption of alcoholic beverages at the establishment.
(L) Compliance with other laws. Every licensed establishment shall comply with all provisions of this code, the Video Gaming Act, and all rules, regulations, directives, orders and restrictions imposed by the Illinois Gaming Board from time to time.
(M) Nuisance operation. No license issued hereunder shall permit the operation of a video gaming terminal in a manner which will disturb the peace of persons otherwise properly within or without the premises where the terminal is located. No license issued hereunder shall permit the operation if such a terminal amounts to a nuisance in fact.
(N) Compliance monitoring and enforcement.
(1) The Village Administrator, Village Treasurer, Code Enforcement Officers, the Chief of Police, or any of their respective designees, each has the authority to monitor compliance with the provisions of this section.
(2) Licenses issued under this chapter may be denied for renewal, revoked or suspended for a period not to exceed 60 days by the Village President, after notice and hearing, for any of the following causes:
(a) Any fraud, misrepresentation or false statement contained in the application for the license;
(b) Any violation by the licensee of ordinance provisions relating to the license, the subject matter of the license, or the premises occupied, including violations of Chapter 112;
(c) Failure of the licensee to pay any amount, fine, fee or penalty owing to the village or other state or federal agency with regulatory jurisdiction; or
(d) The occurrence of two or more disturbances at the premises occupied within a 90- day period, or two or more incidents involving injury or bodily harm to patrons, bystanders or police officers within a 90-day period, provided that the Village President finds, upon the recommendation of the Chief of Police, that as a result of the disturbances or incidents involving injury or bodily harm, a public nuisance exists that endangers the health, safety and welfare of the citizens of the village.
(3) Suspension or revocation, if ordered, shall not preclude prosecution and imposition of any other penalties provided for the violation of other applicable ordinances.
(O) Penalty. Any person violating any of the provisions of this section shall be fined not less than $100 nor more than $750 for each violation, with each day such violation continues constituting a separate fineable offense. Fines may be assessed in administrative adjudication, through a local ordinance violation brought in circuit court, or by the Village President following a hearing as set forth above.
(Ord. 21-23, passed 8-23-21; Am. Ord. 22-02, passed 1-24-22)