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HomeMy WebLinkAboutORDINANCE - 3316 - 8/14/2012 - VIDEO GAMING/GAMBLINGORDINANCE NO. 3316 AN ORDINANCE AMENDING TITLE 3 BUSINESS AND LICENSE REGULATIONS OF THE VILLAGE CODE BY ADDING THERETO A NEW CHAPTER ENTITLED VIDEO GAMING WHEREAS, the Illinois Legislature has adopted the Illinois Gaming Act wherein local municipalities may permit and license video gaming in certain establishments; and WHEREAS, the Mayor and Board of Trustees held a publicly convened Committee of the Whole where all interested parties were given the opportunity to raise their opposition or support for the proposition of permitting video gaming in the Village; and WHEREAS, the Mayor and Board of Trustees, after having considered and reviewed all of the evidence and testimony presented concerning this issue have determined that it is in the best interest of the Village to permit video gaming, subject to the conditions and regulations set forth in this Ordinance. NOW, THEREFORE, 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 Title 3, Business & License Regulations of the Village Code be amended by adding thereto a new Chapter which shall read as set forth in Exhibit A attached hereto and incorporated herein. 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 its passage, approval and publication in pamphlet form as provided by law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 14th day of August 2012. APPROVED this 14th day of August 2012. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk Published this 17°i day of August 2012 in pamphlet form. videnGamina Exhibit A CHAPTER 24 VIDEO GAMING 3-24-1 DEFINITIONS The definitions for this Chapter are those definitions set forth in the Illinois Video Gaming Act (230 ILCS 40/5) and any emergency amendments related thereto, which definitions are herein incorporated into this section by reference. The following definitions contained are listed for convenience purposes as same are more pertinent and germane to this licensing chapter: LICENSED ESTABLISHMENT: Any retail establishment licensed by the Village where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises. Licensed establishment does not include a facility operated by an organization licensee, an inter - track wagering licensee, or an inter -track wagering location licensee licensed under the Illinois Horse Racing Act of 1975 or a riverboat licensed under the Riverboat Gambling Act, unless waived by the Illinois Gaming Board. MINOR: Any person under the age of twenty-one (21) years. TERMINAL OPERATOR: Any individual, partnership, corporation, or limited liability company that is licensed under the Illinois Gaming Act that owns, services, and maintains video gaming terminals for placement in licensed establishments. VIDEO GAMING TERMINAL: Any electronic video gaming machine that, upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to video poker, line up and blackjack, as authorized by the Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only. 3-24-2 VIDEO GAMING COMMISSIONER; SUBCOMMISSION The Mayor who is the Liquor Control Commissioner pursuant to Section 3-3-4 of this Code shall be the Local Video Gaming Commissioner and shall perform all duties not pre-empted by the Video Gaming Act which are necessary to enforce the provisions of this Chapter. There is also established a Local Video Gaming Subcommission which shall consist of the same two (2) members appointed by the Mayor to the Liquor Control Subcommission who shall advise the Commissioner in the same manner as with the Liquor Control Commission. Any hearing before the Video Gaming Commission shall be called and conducted in the same manner as hearings before the Local Liquor Control Commission. 3-24-3 LICENSE REQUIRED It shall be unlawful for any licensed establishment to display, operate or otherwise permit the use and operation of any Video Gaming Terminal without having first obtained a license from the Local Video Gaming Commissioner. It shall be a prerequisite to any such Video Gaming Terminal License issued by the Village that such applicant have in place the following licenses: A. A valid license from the Illinois Gaming Board to operate as a licensed establishment; and B. A valid State of Illinois Liquor License issued by the Illinois Liquor Commission; and C. A valid Liquor License for service of alcoholic liquor on the premises issued by the Local Liquor Control Commissioner. 3-24-4 APPLICATION FOR LICENSE; REGISTRATION FEE All applications for a Video Gaming Establishment License shall be made to the Local Video Gaming Commissioner or his designated agent. All initial applications shall be accompanied by a five hundred dollar ($500.00) nonrefundable registration fee, which fee shall be utilized in the normal processing and investigation of the license application and shall not be applied towards the regular license fee. The applications shall be made on forms approved by the Local Video Gaming Commissioner and shall contain as a minimum, the following information: A. A copy of a valid Illinois Gaming Board license; and B. A copy of a valid Illinois Liquor License; and C. A copy of a valid Village of Elk Grove Liquor License; and D. The number and type of Video Gaming Terminals to be operated; and E. A statement as to whether the applicant has made similar application and the disposition of such application. 3-24-5 LICENSE FEE The annual license fee for a Video Gaming Establislunent shall be one thousand dollars ($1,000), which fee shall be due before the annual commencement date of June 1 of each year. All licenses shall terminate on May 31 of each year unless timely renewed for the subsequent year prior thereto. 3-24-6 HOURS OF OPERATION The Video Gaming License shall be in full force and effect during the hours of operation of the Liquor License Establishment wherein the Video Gaming Terminals are located. 3-24-7 LICENSE RESTRICTIONS; REQUIREMENTS A. Locations of Terminals/Minors Prohibited — All Video Gaming Terminals shall be located in a segregated area which shall not be accessible to minors. Applicants shall submit a site plan clearly indicating the proposed location of all Video Gaming Terminals and the type of barrier to be utilized to segregate the area, provided however, that such barrier shall not obstruct the view of the video gaming area which shall be visible to an employee at all times. Furthermore, such site plan must be approved by the Video Gaming Commissioner or his designated agent. B. Direct Correct — All licensed establishments shall be equipped with a direct connect burglar alarm system to Northwest Central Dispatch in instances of unpermitted entry into the establishment, which system shall be approved by the Chief of Police. C. Video Camera Surveillance — Each licensed establishment shall be required to install, operate and maintain a video camera surveillance system capable of recording clear and unobstructed photographic representations of the segregated area of the establishment where the terminals are located and shall retain the video recordings produced therefrom for a minimum of thirty (30) days. Said video recordings shall be subject to inspections by the Police Department upon request therefor. D. Compliance with Illinois Gaming Act — Each licensee shall conform and adhere to the following sections of the Illinois Gaming Act 230 ILCS 40 and any amendments or emergency amendments relating to any of said sections: 1. 230 ILCS 40/15 Minimum requirements for licensing and registration. 2. 230 ILCS 40/20 Direct dispensing of receipt tickets only. 3. 230 ILCS 40/25 Restriction of licensees. 4. 230ILCS 40/26 Residency Requirements. 5. 230 ILLS 40/30 Multiple types of licenses prohibited. 6. 230 ILCS 40/35 Display of license; confiscation. 7. 230 ILCS 40/40 Video gaming terminal use by minors prohibited. 8. 230 ILCS 40/55 Precondition for licensed location. 9. 230 ILCS 40/57 Insurance. 10. 230 ILCS 40/58 Location of terminals. 3-24-8 LIQUOR LICENSE AND VIDEO GAMING LICENSE VIOLATIONS Each Video Gaming Establishment Licensee, by statute and/or Ordinance, has a Liquor License in the Village as well. The Local Liquor Commissioner may treat any violations of the provisions of this Chapter as a violation of the Liquor License and proceed accordingly with respect to the enforcement provisions set forth in Section 3-3-12 of this Village Code, including the authority to fine, suspend or revoke a license as established in Section 3-3-12 C. In addition to all penalties authorized in Section 3-3-12, the Liquor Commissioner, acting in his capacity as Video Gaming Commissioner, may require a mandatory identification process for all individuals entering the segregated area designated for Video Gaming Terminals and such other requirements as are deemed necessary to insure compliance with this Chapter. In addition, should the Liquor License of the establishment be suspended or revoked, then, and in that event, the Video Gaming License of the establislument shall likewise be suspended or revoked concurrently.