§ 110.06 VIDEO GAMING TERMINALS.
(A) Definitions. For the purposes of this section, the following definitions shall apply unless context clearly indicates or requires otherwise.
(1) The phrases VIDEO GAMING TERMINAL, LICENSED ESTABLISHMENT, LICENSED FRATERNAL ESTABLISHMENTS, LICENSED VETERANS ESTABLISHMENTS, and LICENSED TRUCK STOP ESTABLISHMENTS shall have the meanings set forth in the State Video Gaming Act (230 ILCS 40/1 et seq). The terms HOTEL and GAMING PARLOR are listed and defined in divisions (C)(5) and (C)(6) below.
(2) LICENSES. Means and include all of the establishments defined in section (1) hereof.
(B) Imposition of annual fee. Commencing upon adoption of this section, an annual fee of $25 is hereby imposed upon each video gaming terminal operated by a licensed establishment, licensed fraternal establishments, licensed veterans establishments or licensed truck stop establishments within the village in accordance with the provisions of the State Video Gaming Act, 230 ILCS 40/1 et seq. (the “Act”). The fee paid for each video gaming terminal shall be for the fiscal year January 1 through December 30, and any fee paid during a fiscal year shall apply until the end of the fiscal year in which paid. Any continuing operation of a video gaming terminal shall require the payment of a new annual fee on or before January 1 of each year for the ensuing fiscal year.
(C) Licenses for establishments.
(1) Gaming licenses. To obtain a gaming license in the village, the establishment must be properly zoned and have already obtained the prerequisite state liquor license, state gaming license, and village liquor license. All gaming license fees shall be in the amount of $2 per machine per year, with a maximum of five machines per establishment.
(2) Class 1 gaming license. This license shall be known as a “tavern” license and shall entitle the licensee to have video gaming on the premises. This license shall only be issued to establishments which have a Class A liquor license.
(3) Class 2 gaming license. This license shall be known as a “restaurant” license and shall entitle the licensee to have video gaming on the premises. This license shall only be issued to establishments which have a Class B liquor license.
(4) Class 3 gaming license. This license shall be known as a “truck stop” license and shall entitle the licensee to have video gaming on the premises. This license shall only be issued to establishments which meet the qualifications for a “truck stop” under the State Gaming Code. This license shall only be issued to establishments which have a Class C liquor license.
(5) Class 4 gaming license. This license shall be known as a “hotel” license and shall entitle the licensee to have video gaming on the premises. A hotel is defined by the State Hotel Operators’ Occupation Tax Act as follows: “HOTEL means any building or buildings in which the public may, for a consideration, obtain living quarters, sleeping or housekeeping accommodations. The term includes, but is not limited to, inns, motels, tourist homes or courts, retreat centers, conference centers, and hunting lodges.” A HOTEL pays a hotel operator’s occupation tax. This license shall only be issued to establishments which have a Class B liquor license.
(35 ILCS 145/2)
(6) Class 5 gaming license. This license shall be known as a “gaming parlor” license and shall entitle the licensee to have video gaming on the premises. A gaming parlor is defined as an establishment whose primary business is video gaming where more than one-half of the income derived thereon comes from video gaming. This license shall only be issued to establishments which have a Class A liquor license.
(D) Application for permit. Every licensee shall make application to the Village Clerk’s office for a permit, and shall pay the annual fee for each video gaming terminal operated. The application shall designate the name of the licensee, the location of the licensed establishment operating the video gaming terminal, the number of video gaming terminals operated at that location, and shall include a copy of the license issued by the state for the operation of the video gaming terminal. No permit shall be issued to any person whose video gaming terminal is not licensed by the state for the location for which the permit is sought.
(E) Limitations upon placement. No video gaming terminal permit shall be issued to, and no video gaming terminal shall be placed or operated from within, a location that does not also have issued to it a license for the sale of alcoholic beverages at retail by the drink for consumption on the premises, notwithstanding any greater limit which may from time to time be established by the state legislature, no more than five video gaming terminals shall be allowed, nor permits be issued therefor, under this section, for each license at any one location.
(F) Play by minors prohibited: penalties. No person under the age of 21 years shall be permitted to use or play a video gaming terminal, and any licensee who shall suffer or permit a person under the age of 21 years to use or play a video gaming terminal shall be subject to fine or have his or her licenses issued under this section suspended or revoked.
(G) Inspection of records. Each licensee shall permit the inspection of the books and records of the licensee pertaining to and reflecting operation of each video gaming terminal of the licensee at the request of any law enforcement officer of the village or the state at all reasonable times.
(H) Number of video gaming licenses.
(1) Class 1 tavern license: one total;
(2) Class 2 restaurant license: zero total;
(3) Class 3 truck Stop license: two total;
(4) Class 4 hotel license: four total; and
(5) Class 5 gaming parlor license: three total.
(Ord. 1055, passed 1-4-2018; Ord. 1056, passed 1-4-2018) Penalty, see § 110.99