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HomeMy WebLinkAboutCOMMITTEE OF THE WHOLE - 02/08/1994 - COMMITTEE OF THE WHOLE 218/94 7:00 PM COUNCIL CHAMBERS Present : D. Gallitano, village President N. Czarnik, Village Trustee J. Petri, Village Trustee C. Johnson, Village Trustee M. Tosto, Village Trustee R. Chernick, Village Trustee P. Rettberg, Village Trustee Absent : None Staff: G. Parrin, village Manager R. Rummel, Assistant Village Manager R. Farrell, Administrative Assistant H. Ingebrigtsen, Director of Finance A. Boffice, Director of Engineering & Community Development F. Engelbrecht, Police Chief N. Yiannias, Health Coordinator G. Knickerbocker, Village Attorney Reporters: B. O'Brien, Daily Herald C. Karuhn, Chicago Tribune K. Bertram, Elk Grove Journal SNOW REMOVAL OPERATION The Village Manager brought the Board up-to-date on the snowplowing operations of the Public Works Department during the recent weeks of inclement weather. The village Manager noted that there is 500 tons of salt left in supply with more salt expected from the State. PRIVATE SNOWPLOWERS - NOISE ORDINANCE The consensus of the Committee was to determine if privately contracted snowpiowers are being cited for violating the noise ordinance, and if they should be exempted from Village noise standards. COIN-OPERATED AMUSEMENT DEVICES The consensus of the Committee was to exclude childrens ' rides, pool tables, crane machines and other similar devices from the definition of coin-operated amusement devices. CHARLES J. ZETTEK SIGNAGE The consensus of the Committee was to determine the need for additional "Charles J. Zettek Municipal Building" signage facing Biesterfield Road at a later date. SRA ROUTE B,3 IMPROVEMENTS Dist2, s on on this item will take place following the Februar 1994 village Board Meeting. INDUSTR COMMERCIAL RECYCLING ORDINANCE The consensus of the Committee was to have a first reading of the proposed ordinance at the February 8, 1994 Village Board Meeting and solicit input on the ordinance from the Business Liaison Council and Greater O'Hare Association. The ordinance will be on the February 22, 1994 Village Board Agenda for consideration. BIESTERFIELD/WISE/MICHIGAN TRAFFIC STUDY The consensus of the Committee was to approve the schedule for a traffic study at the Biesterfield/wise/Michigan intersection as recommended by the Village Manager in a January 28, 1994 report . SCAVENGER MASS MAILING The consensus of the Committee was to approve the mass mailing to update affected scavengers and residents of changes to the solid waste disposal contract. REGULATION OF THE SALE OF FIREARMS The consensus of the Committee was to vote on the proposed ordinance at the February 8, 1994 Village Board Meeting. BOARDWALK STREET DEDICATION The consensus of the Committee was to take this item off the Committee of the Whole Agenda . The meeting adjourned at 8:00 p.m. It will reconvene following the Village Board Meeting. c: President & Board of Trustees Village Manager Assistant Village Manager Administrative Assistant Administrative Intern Village Clerk Village Attorney All Department Heads I Date: January 31, 1994 R E C a;; TO: Gary E. Parrin, Village Manager JAN 31 1994 VILLAGE MAP! From: f�`i'vE u From: �o AlanJ. of Director, E/CD e RE. COIN OPERATED AMUSEMENT DEVICES On September 11, 1990 the Village Board approved y Ordinance No. 2128 which amended regulations pertaining to the �( quantity and location of coin operated amusement devices within the \ Village. Prior to the adoption of the revised regulations, Village Codes permitted no more than five coin operated amusement devices as an Accessory Use to a Principle Use in the B-1 Zoning District of either a bowling alley, a billiard parlor, or a licensed establishment where liquor is consumed on the premises. The placement of more than five coin operated amusement devices could only be permitted with the establishment of a coin operated amusement center, which was a separate building or tenant space devoted strictly to coin operated amusement devices and no other use. Coin operated amusement centers were identified as Permitted Uses in the B-1, B-2 and B-3 zoning districts. Due to concerns regarding the limited number of amusement devices allowed as an Accessory Use, and the limited zoning district within which the Accessory Use was permitted (B-1 only) the Village Board adopted an Ordinance which amended the coin operated amusement device regulations. The revised regulations (Ordinance attached) permitted the Accessory Use to be established within six additional Principle Uses, allowed up to ten coin operated amusement devices as an VVV Accessory Use - subject to specific approval by the Village Board for games exceeding five in number, and, permitted the establishment of the Accessory Use within any zoning district that the approved Principle Use existed. In addition, the definition of a coin operated amusement center was rewritten to apply to locations containing in excess of ten coin operated amusement devices. n M � A n � CO. � n Page 2 During the Ordinance revisions, no changes were made to the definition of a coin operated amusement device, the interpretation of which now becomes the subject of this memorandum. The specific definition of a coin operated amusement device as identified in the Zoning Ordinance is: A coin operated amusement device shall mean all coin, token or slug operated machines used by the public as a game, entertainment or amusement, pastime or contest, and shall include those devices commonly known as (a) pinball games; (b) video games; (c) rifle games; (d) baseball games; (e) Skeetball games, (f) movie or video booths or stands; and, (g) all games, operations or transactions similar to the above listed items by whatever name known, and providing that these devices DO NOT have any of the following characteristics: (a) classification of the device by the Internal Revenue Service as one requiring the payment to the Federal Government of a gaming device tax; (b) presence of any equipment which allows accumulation of ten or more credits, replays, or free plays; and, (c) presence of a "knock-off circuit" for the releasing and recording of credits, replays or free plays, except for that circuitry required for normal game operations. Recently, several businesses within the community have installed various "amusements" that while falling under the strict letter of the coin operated amusement device definition, may not fall within the intent of regulation by the village. Several examples are: the childrens rides at the Eagle Country Market, Wal*Mart and Super Kmart; the grab machine which drops a hook onto a small toy at the Eagle Country Market, and the pool tables at Honest John's Restaurant and Lounge (formerly Acapulco) . In all of these cases the strict interpretation of the definition classifies the referenced items as coin operated amusement devices. As such, the Zoning Ordinance would prohibit their installation as an Accessory Use in the Eagle, Wal*Mart and Super Kmart, and would limit the quantity of pool tables at Honest Johns. I have had discussions regarding the intent of the Village's regulations regarding coin operated amusement devices with the Village Attorney and he has advised that the original intent was not to regulate those types of items which are currently Page 3 located at the Eagle, Wal*Mart, Super Kmart and Honest Johns. He references the examples of devices listed in the Zoning Ordinance's definition which tends to identify the original intent of the legislation as regulating electronic games of chance/skill, those types of games which can now be purchased for a Nintendo, Sega, or personal computer. Rides, pool tables, "grabby" toy games were not intended to be regulated by our Codes if one extrapolates from the examples listed in the Zoning Ordinance. To that end, I would recommend that we interpret the current definition of coin operated amusement devices to exclude childrens rides, pool tables, the grab machine and other similar type games which may be encountered in the future. These types of games/devices can continue to be licensed similar to the licensing of vending machines to insure their health, safety, etc. but will not be subject to the zoning regulations controlling the placement of those types of coin operated amusement devices intended by the original legislation. Please forward this information to the President and Board of Trustees for their review and consideration. Thank you. AJB:pcd c: Ass 't. Village Manager Director of Finance Chief of Police Village Attorney CUl7� ORDINANCE NO. 2128 AN ORDINANCE AMENDING ARTICLE III, GENERAL REGULATIONS, OF THE ZONING ORDINANCE OF THE VILLAGE BY ADDING THERETO A NEW SECTION PERMITTING CERTAIN ACCESSORY USES IN ALL ZONING DISTRICTS (COIN OPERATED AMUSEMENT CENTERS) WHEREAS, the Plan Commission of the Village of Elk Grove Village at a public meeting duly called and held according to law considered the question of amending the definition of coin operated amusement centers as well as permitting coin operated amusement devices to be permitted as accessory uses in all zoned districts ; and WHEREAS, the President and Board of Trustees of the Village of Elk Grove Village after having reviewed the finding and recommenda- tion of said Plan Commission find and believe it to be in the best interest of the Village that such provisions be adopted. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage , Illinois as follows : Section 1 : That Section 9 . 12 of Article I% DEFINITIONS of the Zoning Ordinance be amended as follows : COIN OPERATED AMUSEMENT CENTERS - A coin operated amusement center shall mean any place which has more than ten ( 10 ) coin operated amusement devices located on the premises . Section 2 : That Article III GENERAL REGULATIONS be amended 'ov adding thereto the following : Section 3 . 10 - Accessory Uses in all Zoned Districts . The following Accessory Uses shall be permitted in all zoning Districts in conjunction with certain permitted , conditional or special uses . A. Coin operated amusement devices subject to the fol- lowing restrictions : 1 . A coin operated amusement device shall only be permitted as an Accessory Use to any of the following: (a ) Ice skating and roller skating rinks . (b) Billiard parlors. (c ) Bowling alleys . (d) Indoor theaters. (e) Hotels/Motels. ( f ) Licensed establishments where liquor is consumed on the premises . (g ) Miniature golf courses. (h) Recreational facilities under the con- trol and jurisdiction of the Park Dis- trict. ( i ) Other recreational facilities approved in writing by the Village Manager. 2 . One ( 1 ) to five ( 5 ) devices shall be permitted as an Accessory and Subordinate Use to those uses listed in Section 1 above . 3 . Six ( 6 ) to ten ( 10 ) devices shall be permitted as an Accessory and Subordinate Use to the above listed uses provided such authority has been given by Resolution by the Village Presi- dent and Board of Trustees, after consideration of the following criteria : (a ) That the additional machine or machines are necessary for the economic well 'being of the applicant. (b ) That the operation of additional machines will not affect the public health, safety , and welfare of the community. ( c ) That the additional machine or machines will not change the character of the principal business . (d) The Village Board may refer the consi- deration to the Judiciary Planning and Zoning Committee for recommendation to the Board. 4 . Any coin operated amusement device deemed an Accessory Use shall be subject to Article VIZ of Chapter 18 , Licenses and Permits , of the Municipal Code of the Village of Elk Grove Village . -2- Section 3: That this Ordinance shall be in full force and ef- fect from and after its passage and approval according to law. VOTES : AYES : 6 NAYS : 0 ABSENT: 0 APPROVED: Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PASSED this 11th day of September 1990 . APPROVED this 11th day of September 1990 . I I -3-