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HomeMy WebLinkAboutORDINANCE - 3131 - 7/17/2007 - GAMING COMMISSION/OFF TRACK BETTINGORDINANCE NO. 3131 AN ORDINANCE ESTABLISHING A LOCAL GAMING COMMISSION AND ESTABLISHING RULES AND REGULATIONS FOR OFF TRACK BETTING FACILITIES IN THE VILLAGE BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage Illinois as follows: Section 1: That Chapter 3, Liquor Control, of Title 3 Business and License Regulations be amended by adding thereto a new Section which shall read as follows: 3-3-13 OFF TRACK BETTING FACILITIES - A. Local Gaming Commissioner -The Village Mayor shall serve as the Local Gaming Commissioner. There is also established a Local Gamine Sub - Commission which shall consist of the same two (2) members. appointed by the Mayor to the Liquor Control Sub -Commission who shall advise the Commissioner in the same manner as with the Liquor Commission. Any hearings before the Local Gaming Commission shall be called and conducted in the same manner as hearings before the Local Liquor Commission. B. Rules and Regulations. Whenever an Off Track Betting Facility is approved at an establishment licensed to sell alcohol in the Village, the establishment and the Off Track Betting Facility must adhere to all rules and regulations established by the Village in addition to adhering to all the rules and regulations set forth for establishments licensed to sell alcohol. Any approved Off Track Betting Facility shall be subject to'the following rules and regulations: It shall be unlawful to permit any person under the age of 21 to participate in an), gambling activity. ZD 2. Off Track Betting Facility shall be responsible for enforcing all age restrictions and regulations on the premises including automatic . teller machines, which automatic teller machines must be in clear view of designated employees of the establishment. 1. Inspections; Violations; Sanctions 1. Inspections; Entry Powers; The Local Gaming Commissioner is given the power to enter or authorize any law enforcement officer to enter at any time upon any premises approved to conduct an Off Track Betting Facility in the Village to determine whether any of the rules or regulations adopted by the Village have been or are being violated and to examine the premises of said establishment in connection therewith. 2. Violation, Fine: Suspension or Revocation of License: The Local Gaming Commissioner shall have the right to hold a hearing for any establishment upon whom a Notice of Violation has been served; to hear testimony and take proof for his information in the performance of his duties. If, after a hearing on an alleged violation, the Local Gaming Commissioner finds that there was any violation of the ordinances of the Village or Statues of the State of Illinois; he may suspend or revoke any Off Track Betting Facility and/or the liquor license establishment of said.facility, whatever the case may be, and/or fine any such establishment or licensee for any violation of any provision of this Chapter. If the Commissioner elects to fine the establishment or the licensee, the amount of such fine shall not be less than two hundred fifty ($250.00) nor more than two thousand five hundred dollars ($2,500.00) for each offense. The Commissioner is further authorized to assess the establishment or the licensee for all costs associated with the hearing including attorney's fees and court reporter fees. 0 In addition to the payment of fines and costs as herein provided, the Commissioner may impose such other sanctions deemed appropriate to abate violations of this Chapter, including mandatory identification examination of all customers utilizing the Off -Track Betting Facility. 3. Proceedings Officially Recorded: All proceedings before the Local Gaming Commissioner shall be recorded and placed in a certified official record of such proceedings taken and prepared by a certified court reporter. Section 2: That the Village Clerk is hereby authorized to publish this ordinance in pamphlet form. Section 3: That this ordinance shall be in full force and effect from and after it passage, approval and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 17`h day, of July 2007. APPROVED this 17`h day, of July 2007. APPROVED: Mayor Craig B. Johnson Village of Elk -Grove Village ATTEST: Ann L Walsh, Village Clerk PUBLISHED this 20`' day of July 2007 in pamphlet form. Ordgaming.doc J