4-2-34: STATE AUTHORIZED ELECTRONIC OR VIDEO GAMING PERMITTED WITH LICENSE:
   A.   The holder of a village issued, current and valid liquor license which is eligible for the use of a video gaming terminal as described in the video gaming act, 230 Illinois Compiled Statutes 40/1 et seq. (hereafter, “the video gaming act”), may utilize video gaming terminals (as defined in the video gaming act) within the licensed premises after obtaining a village video gaming license and acquiring any required county or state licensure, provided that all such video gaming terminals are used in compliance with all terms of this section.
      1.   Any person seeking to utilize one or more video gaming terminals within a licensed premises shall only be permitted to do so in strict accordance with all provisions of the Illinois video gaming act.
      2.   Prior to installation or use of any video gaming terminal, any licensed liquor establishment seeking to utilize such devices shall first obtain a license from the state of Illinois gaming board. After obtaining such license, the applicant shall submit to the village: a) a copy of the state issued license; b) an application for a village of Pingree Grove video gaming license, on a form approved by the village of Pingree Grove liquor commissioner; c) the village of Pingree Grove video gaming license application fee, as outlined below; d) a drawing or depiction of the location within the licensed premises where the video gaming terminals are proposed to be installed; and e) such other information as the liquor commissioner shall require. Any application for renewal of a village of Pingree Grove video gaming terminal shall also include all of the foregoing items, except that the village of Pingree Grove video gaming license renewal fee shall be substituted for the application fee.
      3.   If approved, the term of a village of Pingree Grove video gaming license shall be coterminous with the village of Pingree Grove liquor license for the licensed premises. All renewal applications for village of Pingree Grove video gaming licenses shall be required to be submitted at the same time as renewal applications for a village of Pingree Grove liquor license for the licensed premises.
      4.   The initial application fee for a village of Pingree Grove video gaming license shall be two hundred fifty dollars ($250.00) per proposed video gaming terminal. The annual renewal fee for a village of Pingree Grove video gaming license shall also be two hundred fifty dollars ($250.00) per proposed video gaming terminal, per year.
      5.   Village of Pingree Grove video gaming licenses shall be treated as a supplemental license to the licensed premises’ liquor license and, notwithstanding limitations on supplemental licensure contained above, shall be available to any licensed establishment that is: a) eligible for video gaming under state law; and b) approved by the village board for such supplemental license. Any violation of the video gaming act or any violation of any provision of this chapter shall constitute a violation of the terms and conditions of both the video gaming license and the establishment’s liquor license. Any suspension, revocation, termination or other disciplinary proceeding applicable to a licensed premises’ liquor license shall be applicable to its video gaming license, and any proceeding applicable to the video gaming license shall be applicable to the liquor license. A suspension, revocation or termination of either license shall automatically result in the suspension, revocation or termination of the other license. Any disciplinary proceeding relating to a video gaming license shall utilize the same procedures as a disciplinary proceeding relating to a liquor license, as outlined in this chapter.
      6.   Any video gaming terminal utilized in a licensed premises shall be installed in a fixed location described in the license application, acceptable to the liquor commissioner, from which the video gaming terminal is visible to staff of the licensed premises at all times.
      7.   All installations of video gaming terminals are subject to any applicable building code or regulatory requirements, codes and ordinances.
      8.   It shall be unlawful for any person under the age of twenty one (21) years to operate, play or utilize a video gaming terminal. It shall be unlawful for any person, place or licensed establishment to permit or allow any person under the age of twenty one (21) years of age to operate, play or utilize a video gaming terminal.
      9.   Any violation of this section shall be an ordinance violation, punishable by a fine of up to seven hundred fifty dollars ($750.00) per occurrence. In addition, any violation may be pursued as a violation of a licensed premises’ liquor license or village of Pingree Grove video gaming license, with fines and costs assessed pursuant to the established process therefor.
      10.   Any video gaming terminal properly licensed by the village of Pingree Grove and state of Illinois shall be permitted to operate within a licensed premises in accordance with applicable state regulations and this section, and such licensed video gaming terminal shall not constitute a violation of any other village code or ordinance prohibiting gambling or gaming. Specifically, the provisions of this section shall, for licensed video gaming terminals, supersede the provisions of chapter 3, article D of this title, or any other village code or ordinance prohibiting gambling, provided that all activities are conducted in strict compliance with this section and the video gaming act.
      11.   Any village issued license for video gaming terminals shall be considered to be provisional in nature and shall be conditioned upon the applicant’s receipt of a required state license for the terminals. The village reserves the right to issue licenses that do not make a determination about applicant eligibility for a video gaming terminal license, and to rely upon the determination of the Illinois gaming board as to said eligibility. (Ord. 2016-O-07, 4-18-2016; amd. Ord. 2012-18, 8-6-2012; Ord. 2022-O-02, 1-4-2022)