2009-052r •
ORDINANCE NO. 2009- 52
AN ORDINANCE CONCERNING THE ILLINOIS VIDEO GAMING ACT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and
WHEREAS, Public Act 96 -34 (House Bill 255) created the Illinois Video Gaming Act,
as further amended by Public Act 96 -37 (House Bill 2424) and Public Act 96 -38 (Senate Bill
349), (collectively "Acts ") all of which were approved on July 13, 2009; and
WHEREAS, the Acts do not preempt Home Rule powers; and
WHEREAS, the Acts, although effective immediately upon approval, are subject to a
rulemaking process to be undertaken by the Illinois Gaming Board ( "Board "); and
WHEREAS, the Acts mandate for the Board to develop and adopt emergency rulemaking
within 60 days of July 13, 2009 for the purpose of implementing the provisions of the Acts; and
WHEREAS, despite the rulemaking mandate, the Chairman of the Board has publicly
indicated that it may take anywhere from 12 -18 months, if not longer, to implement a rulemaking
process; and
WHEREAS, in the interim, and in the absence of rulemaking adopted by the Board , the
Village of Buffalo Grove desires that no licensed establishment, as that term is defined in the
Acts, shall install any video gaming terminal, as that term is also defined in the Acts, without
prior approval.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS, that:
Section 1. The foregoing Whereas clauses are hereby made a part hereof as is fully restated
herein.
Section 2. Absent the establishment of final rulemaking promulgated and adopted by the Board,
the registration and licensing of video gaming terminals, as authorized by the Acts, is required in
the Village of Buffalo Grove.
Section 3. That no video gaming terminals shall be installed within any licensed establishment
without the prior approval of the Village of Buffalo Grove. The Village's review of any request
to install video gaming terminals, absent adopted rulemaking of the Board, will be based upon the
legislative intent and language of the Acts.
Section 4. Until the Board completes and adopts its final rulemaking process, all provisions of
the Acts shall govern the installation, management and operation of video gaming terminals, at
licensed establishments, in the Village of Buffalo Grove.
Section 5. The intent of this Ordinance, in the absence of a final rulemaking process, is to permit
the Village to regulate any and all requests for the installation of video gaming terminals. To the
extent permissive by the Acts, the Village reserves the right to prohibit video gaming within the
r �
corporate limits of the Village of Buffalo Grove, by ordinance, as set forth in Section 27-
Prohibition of Video Gaming by Political Subdivision, of Public Act 96 -34 (House Bill 255).
Section 6. This Ordinance shall be in full force and effect on and after its passage and approval.
This Ordinance shall not be codified.
AYES: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman
NAYES: 0 - None
ABSENT: 0 - None
PASSED: August 3 2009. APPROVED: August 3 , 2009.
APPROVED:
Village President
ATTEST:
Villag Clerk
July 30, 2009
� y
STATE OF ILLINOIS) ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois. I further
certify that on, August 3, 2009 the Corporate
Authorities of the Village passed and approved
Ordinance No. 2009 -52, AN ORDINANCE
CONCERNING THE ILLINOIS VIDEO GAMING
ACT provided by its terms that it should be published
in pamphlet form.
The pamphlet form of Ordinance No. 2009 -52,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing on August 4,
2009 and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 4th day of
August, 2009.
/1. �
Villa 61
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3
R
ORDINANCE NO. 2009- 52
AN ORDINANCE CONCERNING THE ILLINOIS VIDEO GAMING ACT
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and
WHEREAS, Public Act 96 -34 (House Bill 255) created the Illinois Video Gaming Act,
as further amended by Public Act 96 -37 (House Bill 2424) and Public Act 96 -38 (Senate Bill
349), (collectively "Acts ") all of which were approved on July 13, 2009; and
WHEREAS, the Acts do not preempt Home Rule powers; and
WHEREAS, the Acts, although effective immediately upon approval, are subject to a
rulemaking process to be undertaken by the Illinois Gaming Board ( "Board "); and
WHEREAS, the Acts mandate for the Board to develop and adopt emergency rulemaking
within 60 days of July 13, 2009 for the purpose of implementing the provisions of the Acts; and
WHEREAS, despite the rulemaking mandate, the Chairman of the Board has publicly
indicated that it may take anywhere from 12 -18 months, if not longer, to implement a rulemaking
process; and
WHEREAS, in the interim, and in the absence of rulemaking adopted by the Board , the
Village of Buffalo Grove desires that no licensed establishment, as that term is defined in the
Acts, shall install any video gaming terminal, as that term is also defined in the Acts, without
prior approval.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS, that:
Section 1. The foregoing Whereas clauses are hereby made a part hereof as is fully restated
herein.
Section 2. Absent the establishment of final rulemaking promulgated and adopted by the Board,
the registration and licensing of video gaming terminals, as authorized by the Acts, is required in
the Village of Buffalo Grove.
Section 3. That no video gaming terminals shall be installed within any licensed establishment
without the prior approval of the Village of Buffalo Grove. The Village's review of any request
to install video gaming terminals, absent adopted rulemaking of the Board, will be based upon the
legislative intent and language of the Acts.
Section 4. Until the Board completes and adopts its final rulemaking process, all provisions of
the Acts shall govern the installation, management and operation of video gaming terminals, at
licensed establishments, in the Village of Buffalo Grove.
Section 5. The intent of this Ordinance, in the absence of a final rulemaking process, is to permit
the Village to regulate any and all requests for the installation of video gaming terminals. To the
extent permissive by the Acts, the Village reserves the right to prohibit video gaming within the
corporate limits of the Village of Buffalo Grove, by ordinance, as set forth in Section 27-
Prohibition of Video Gaming by Political Subdivision, of Public Act 96 -34 (House Bill 255).
Section 6. This Ordinance shall be in full force and effect on and after its passage and approval.
This Ordinance shall not be codified.
AYES: 6 — Braiman Glover, Berman, Trilling, Stone, Sussman
NAYES: 0 - None
ABSENT: 0 - None
PASSED: August 3 , 2009. APPROVED: August 3 , 2009.
APPROVED:
Village President
ATTEST:
Villag Clerk
July 30, 2009