(A) Video gaming is allowed in licensed establishments within the village. No establishment licensed by the Illinois Gaming Board shall be permitted to operate any video gaming terminal pursuant to the Illinois Video Gaming Act unless the establishment has also obtained a license and paid a yearly fee to the village. No license may issue where the license applicant owes a debt, fine, fee or penalty to the village.
(1) The licensing fee through December 31, 2021 shall be in the amount of $1,000 for each video gaming terminal.
(2) The licensing fees beginning January 1, 2022 shall be:
(a) $400 per video gaming terminal for fraternal or veterans' establishments as defined in the Illinois Video Gaming Act (ILCS Ch. 230, Act 40); or
(b) $600 per video gaming terminal for all other establishments.
(3) Licensing fees shall be pro-rated by one-half for any licenses obtained on, or after October 1 of the current license year.
(B) Application to the village for a video gaming license shall be made in conformity with Chapter 110 of this code except as otherwise provided herein. The applicant shall meet and provide for the following criteria as part of said application:
(1) A copy of the applicant’s active state video gaming license;
(2) The location of the premises where the video gaming terminal is to be located, maintained and/or operated;
(3) The charge to be made to the player for operating the device;
(4) That the applicant is over the age of 21;
(5) That the applicant or any principal officer therein has not held a license under this section or had an interest therein that was revoked for cause;
(6) That the applicant or any principal officer therein has not furnished false or misleading information on the application;
(7) For a new applicant, that said applicant applying for a license to operate video gaming terminals, has been operating under a valid C/O at its current address for at least 365 days and that the applicant's establishment has generated at least 60% of its revenue from the sale of food or beverages. However, if an applicant currently operates an establishment in compliance with this section and wishes to operate another establishment similar to the initial establishment, the applicant will be exempt from the one-year waiting period described above. Whether the new establishment is similar to the previously operated establishment is determined by the Liquor Commissioner in the Commissioner's sole discretion;
(8) For an applicant who has been previously issued a license under this section, the applicant's establishment must adhere to the same guidelines as stated above in division (B)(7) of this section;
(9) That the applicant has provided the Liquor Commissioner with a report or reports showing its gross annual sales totals and categories, including food and beverage sales;
(10) The requirements related to minimum level of sales of food and beverages shall not apply to any licensed fraternal establishment or any licensed veteran establishment, or licensed truck stop;
(11) That the video gaming area shall be bounded by a seven-foot barrier wall. If said barrier walls prohibit applicant from complying with ILCS Ch. 230, Act 40, § 58, applicant shall maintain video surveillance of the gaming area at all times. If applicant provides sufficient evidence that the gaming area is fully contained in an area of the establishment that can only be accessed by persons 21 or older, the requirement of a seven-foot barrier wall is not applicable;
(12) Such other information as the village may determine is necessary.
(C) No more than six video gaming terminals may be located, maintained or operated in any one establishment. However, any holder of a local Class UV-2 liquor and video gaming license who has a large truck stop license from the State of Illinois Gaming Board, may operate up to ten video gaming terminals. 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 or otherwise constitute a nuisance.
(D) The Village Clerk shall issue a license to each licensed establishment that obtains a license to locate, maintain and/or operate any video gaming terminal on its premises. The license must be displayed by the applicant in a conspicuous place and must indicate the number of video gaming terminals allowed.
(E) All annual licenses shall terminate on December 31 in each year where no provision to the contrary is made.
(F) The Village Clerk shall mail to all licensees a statement three weeks prior to the date of expiration informing the licensees of the upcoming expiration date. Failure to send out the notice, or failure of any licensee to receive it, shall not excuse the licensee from failure to secure a new license, or a renewal thereof, nor shall it be a defense in any action for operation without a license.
(G) Any licensee who fails to pay the fees and charges for the renewal of a license by January 31 of the year following expiration of the license shall be charged a penalty of $50. The penalty shall be paid at the time of renewal of the license.
(H) Issuance. In addition to all other general licensing requirements set forth in this code. Issuance will occur after all application requirements as outlined above in division (B) of this section are met.
(Ord. 2012-O-019, passed 6-5-12; Am. Ord. 2013-O-060, passed 1-7-14; Am. Ord. 2014-O-016, passed 6-17-14; Am. Ord. 2019-O-072, passed 11-12-19; Am. Ord. 2021-O-007, passed 2-16-21; Am. Ord. 2021-O-010, passed 3-2-21; Am. Ord. 2022-O-020, passed 3-1-22; Am. Ord. 2022-O-055, passed 8-16-22; Am. Ord. 2024-O-001, passed 1-16-24)