(A)
The total number of Video Gaming Establishment Licenses issued under this chapter shall not exceed thirteen (13).
(B) The total number of Video Gaming Terminal Licenses for video gaming terminals issued under this chapter shall not exceed seventy-five (75).
(C) No Video Gaming Establishment License or Video Gaming Terminal License shall be issued for any establishment that does not generate at least fifty percent (50%) of its total annual revenue from the sale of food, beverages, and alcoholic liquor.
(D) No Video Gaming Establishment License or Video Gaming Terminal License shall be issued to any applicant that has furnished false or misleading information on the application.
(E) No Video Gaming Establishment License or Video Gaming Terminal License shall be issued to any applicant if the applicant, his or her partners or the principal officers or directors of the corporation, association or other entity have been convicted of a criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction.
(F) No Video Gaming Establishment License or Video Gaming Terminal License shall be issued to any applicant if the applicant, his or her partners or the principal officers or directors of the corporation, association or other entity have had a prior license issued under this chapter or a similar license regarding video gaming issued by any other governmental entity revoked.
(G) No Video Gaming Establishment License or Video Gaming Terminal License shall be issued to any applicant that is under the age of twenty-one (21) or whose partners or principal officers or directors are under the age of twenty-one (21).
(H) No Video Gaming Establishment License or Video Gaming Terminal License shall be issued for any establishment that is located within one hundred (100) feet of a school (as defined in the Act) or place of worship under the Religious Corporation Act. This location restriction, pursuant to the Act, shall not apply if a school or place of worship moves to or is established within the restricted area after an establishment becomes licensed under this chapter.
(I) No Video Gaming Establishment License or Video Gaming Terminal License shall be issued to any establishment that is located within forty (40) feet of another establishment licensed under this chapter, the distance of forty (40) feet shall be measured from the main entrance of the existing establishment to the main entrance of the proposed establishment, and not to property boundaries.
(J)
Not more than six (6) video gaming terminals may be located on any one licensed premises.
(K) Video gaming terminals must be located in an area restricted to persons twenty-one (21) years of age and over, the entrance to which is within the view of at least one employee of the establishment who is over twenty-one (21) years of age. The placement of video gaming terminals in establishments licensed under this chapter is subject to Rule 810 of the Illinois Gaming Board. In addition, any establishment that allows persons under twenty-one (21) years of age to enter must segregate video gaming terminals in a separate area inaccessible to such persons.
(L) No licensee shall cause or permit any person under the age of twenty-one (21) years to use or play a video gaming terminal. Any licensee who knowingly permits a person under the age of twenty-one years to use or play a video gaming terminal is guilty of a violation of this chapter and shall be fined in an amount as defined in § 112.099.
(M) All video gaming terminals must be located in an area of the establishment licensed under this chapter with restricted visibility from areas outside the business.
(N) An owner, manager or employee of the establishment licensed under this chapter who is over the age of twenty-one (21) shall be present during all hours of operation when video gaming terminals are available for use by the public. Video gaming terminals shall be operated only during the legal hours of operation allowed for the consumption of alcoholic beverages at the particular establishment.
(O) An establishment licensed under this chapter shall prevent access to video gaming terminals by persons who are visibly intoxicated.
(P) Exterior signage concerning video gaming shall be prohibited at establishments licensed under this chapter. Notwithstanding the foregoing, the licensee may place upon, any interior window one (1) illuminated sign, which is not of the flashing or intermittent intensity type, not to exceed two (2) feet by two (2) feet in size, visible from the exterior of an establishment licensed under this chapter, advertising video gaming.
(Q) No Video Gaming Establishment License or Video Gaming Terminal License issued pursuant to this chapter may be transferred, sold or assigned to any other person, corporation, association or other entity; nor shall any such license be transferred to any location other than that listed on the application. A Video Gaming Terminal License is personal to the video gaming terminal for which it was issued and shall not be transferred to any other video gaming terminal. A Video Gaming Establishment License or Video Gaming Terminal License shall not descend by the laws of testate or intestate devolution but shall cease upon the cessation of business or death of the licensee.
(R) All Video Gaming Establishment Licenses and Video Gaming Terminal Licenses issued pursuant to this chapter shall be subject to any and all changes or amendments that may be hereafter made to the provisions of this chapter and to any rules or changes in rules adopted by the Local Liquor Control Commissioner. No licensee shall have any vested right to the continuation of any provision of this chapter.
(S) The total number of Video Gaming Establishment Licenses and Video Gaming Terminal Licenses allowed under this chapter may be increased or decreased from time to time, by the adoption of an ordinance amending this chapter, in the discretion of the Village Board of Trustees.
(T) Whenever a Video Gaming Establishment License previously issued under the provisions of this chapter is not renewed, or is revoked, surrendered, or terminated by dormancy, the maximum number of said licenses shall automatically and immediately be reduced by one. Furthermore, the maximum number of Video Gaming Terminal Licenses for a licensed premises shall automatically and immediately be reduced by the number of Video Gaming Terminal Licenses issued for that previously licensed location. Thereafter, the reduced number of Video Gaming Establishment Licenses and Video Gaming Terminal Licenses shall not thereafter be increased without approval by the Village Board of Trustees.
(U) Whenever a Video Gaming Terminal License previously issued under the provisions of this chapter is not renewed, or is surrendered or terminated by dormancy, the maximum number of said licenses shall automatically and immediately be reduced by one. Thereafter, the reduced number of Video Gaming Terminal Licenses shall not thereafter be increased without approval by the Village Board of Trustees.
(V) Each video gaming terminal that does not have a valid Video Gaming Terminal License affixed to it or a valid video gaming license issued by the State of Illinois or is otherwise unlawful shall be considered a gambling device subject to seizure and shall be turned over to the Illinois Gaming Board in accordance with regulations and applicable laws unless otherwise ordered by a court of competent jurisdiction.
(Ord. 18-4066, passed 6-7-18; Am. Ord. 18-4077, passed 7-19-18; Am. Ord. 19-4182, passed 10-9-19; Am. Ord. 19-4185, passed 10-9-19; Am. Ord. 20-4206, passed 3-5-20; Am. Ord. 20-4239, passed 10-15-20; Am. Ord. 20-4248, passed 12-17-20; Am. Ord. 21-4250, passed 1-7-21; Am. Ord. 22-4335, passed 12-21-22)