Video gaming terminal licenses are issued subject to the following conditions and restrictions with which all video gaming terminal licensees must comply:
A. Display Of Licenses:
1. The terminal operator's State-issued video gaming license must be clearly displayed at all times.
2. A valid City-issued video gaming terminal license must be clearly displayed at all times.
B. Number Of Terminals Allowed: No more than six (6) video gaming terminals may be located on the licensed premises.
C. Compliance With City Ordinances, State And Federal Laws: The licensee and all licensed video gaming terminals must fully comply with all applicable City ordinances, Federal and State laws and regulations, including the Illinois Video Gaming Act, 230 Illinois Compiled Statutes 40/1 et seq., as amended, and all rules, regulations, and restrictions imposed by the Illinois Gaming Board.
D. Notification Of State License Revocation Or Suspension: Licensees must immediately notify the Finance Director in the event the Illinois Gaming Board revokes or suspends the licensed terminal operator's video gaming license. The revocation, loss, or suspension of a valid State video gaming license shall automatically, and without hearing, result in the revocation, loss, or suspension of the City video gaming terminal license for all video gaming terminals without any refund of any fee.
E. Video Gaming Cafes Prohibited: Notwithstanding any provision of this Code to the contrary, video gaming cafes are not permitted in the City. In the event any provision of the City Code conflicts with this subsection E, the more restrictive provision shall apply. A "video gaming cafe" is defined for purposes of this section as an establishment whose primary or major focus is video gaming, and the service of alcohol and food is secondary to the video gaming operation. The following factors may be considered when determining if a proposed or operating establishment is a video gaming cafe:
1. The layout and design of the establishment;
2. The extent and variety of food and beverages offered;
3. Whether the number of video gaming terminals relative to the customer seating capacity of the establishment is less than ten (10) customer seats to one (1) terminal;
4. Whether the square footage of space devoted to video gaming relative to the amount of space devoted to other activities is less than four (4) square feet for non-gaming to one (1) square feet for gaming;
5. The percentage of proposed or actual revenue derived from food and beverage sales as a percentage of total gross revenues for the establishment on an annual basis based on audited financial statements, corporate financial reports, tax return information, state liquor license reports, or any other form of information deemed acceptable by the City;
6. Whether the establishment is proposed to be marketed as a gaming establishment or have a gambling theme;
7. The number of employees at the establishment and their proposed function; and
8. Any other factors as deemed relevant by the Finance Director. (Ord. O2021-34, 9-7-2021)