1974-035•
THOMAS F. MAHONEY - �®�-7/
ATTORNEY LAW
MARLENNAN NAN P PLAZA
222 SOUTH RIVERSIDE PLAZA
CHICAGO, ILLINOIS 60606'
TELEPHONE (312) 648-6426
August 22, 1974
Mr. Richard G. Raysa
Bloche French & Raysa
1011 Lake Street
Oak Park, Il. 60301
Re: Village Gambling Ordinance
Dear Dick: '
Verna Clayton has indicated to me that she occasionally
has faced some sticky questions as regards precisely what our
Gambling Ordinance means when applied to a particular factual
situation, e.g., the matter of the electronic games such as
Ping Pong and Hockey. The ordinance may also present, on its
face, a conflict with State legislation; e.g., the recent'Bingo
and Lottery statutes (though these statutes clearly supersede
our local ordinances).
There is always, of course, the need for common sense
in enforcement of anti - gambling legislation. Technically, if
two neighbors bet a dollar on a Notre Dame - Purdue football
game, it is illegal; so, I suppose, might be the investment of
a dime by a 7 year old at a "fun fair" at a local school, in
the hope of picking the right duck from the water and winning
a stuffed teddy bear instead of a plastic ring.
I don't think that the Village government has any serious
interest in interfering with harmless activities such as the
foregoing (or with Bridge, Pinochle, Mah -Jongg or Poker games
in residents' dining rooms). I believe that, as a practical
matter, we are concerned solely with illegal gambling of a
commercial nature, such as a handbook operation, or definitely
fraudulent games at a carnival.
What I am suggesting, therefore (and I would appreciate
your thoughts as well as those of Chief Walsh), is that we simply
repeal in its entirety our Gambling Ordinance, and rely instead
upon State statutes to control commercial gambling. I think
that, by doing this, we would eliminate the need for bothersome
and nit - picking interpretations by Mrs. Clayton; but the police
would still have the necessary means to take criminal enforcement
action in the event of any serious type of commercial gambling.
Mr. Richard G. Raysa August 22, 1974
Bloche French & Raysa
-2-
This still leaves us with the matter of preventing, within
the Village, the establishment of "arcades", which I think we
all consider to be undesirable. I should think the best manner .
of approaching this problem is my means of a specific amendment
to the Zone Ordinance, which would define what we mean by an
arcade. If you agree, I would gladly leave the definition
in question to your drafting expertise. (Perhaps the definition
should be in terms of a stated number of pin ball machines,
etc., within one business premises, or a stated square foot
area.)
Again, I would appreciate your comments and those of
Chief Walsh regarding the foregoing suggestions. I am copying
Verna with this letter, and asking that she distribute copies
to the President and the Board. When you and Harry have had
a chance to give it some thought, I would like to see it set
down for discussion as an agenda item at a Board meeting.
Sincerely,
Thomas F. Mahoney
TFM:bbk
cc: Mrs. Verna Clayton ✓
Mr. Harry Walsh
N
ORDINANCE NO. 74 - JJ'
AN ORDINANCE REPEALING THE "GAMBLING ORDINANCE" AS AMENDED,
BEING ORDINANCE NO. 65 -22
WHEREAS, Article 28 of Chapter 38, Illinois Revised Statutes, 1973
defines gambling, gambling places, syndicated gambling, gambling devices,'
keeping of a gambling place,.gambling contracts and other connected offenses
and provides for penalties for violations, and
WHEREAS, the President and Board-of Trustees, except as otherwise
provided in Village Ordinances, believe it is in the best interest of the
public to eliminate the problems that are caused between.the existing
gambling ordinance of the Village.and State Legislation and prosecute all
cases in connection with gambling under the State Statutes,
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND.LAKE COUNTIES, ILLINOIS:'
Section 1. Ordinance No. 65 -22 (being the Gambling Ordinance) and
all amendments thereto are hereby repealed.
Section 2. This Ordinance shall be in full force and effect from and
after its passage and approval according to law.
AYES NAYES tj ABSENT Q
PASSED: ' 1974
APPROVED: 1974
ORDINANCE NO. 74 - .3,5
AN ORDINANCE REPEALING THE "GAMBLING ORDINANCE" AS AMENDED,
BEING ORDINANCE NO. 65-22
WHEREAS, Article 28 of Chapter 38, Illinois Revised Statutes, 1973
defines gambling, gambling places, syndicated gambling, gambling devices,
keeping of a gambling place, gambling contracts and other connected offenses
and provides for penalties for violations, and
WHEREAS, the President and Board of Trustees, except as otherwise
provided in Village Ordinances, believe it is in the best interest of the
public to eliminate the problems that are caused between the existing
gambling ordinance of the Village -and State Legislation and prosecute all
cases in connection with gambling under the State Statutes,
4
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. Ordinance No. 65 -22 (being the Gambling Ordinance) and
all amendments thereto are hereby repealed.
Section 2. This Ordinance shall be in full force and effect from and
after its passage and approval according to law.
I AYES NAYES D ABSENT D
j PASSED: 1974
i
APPROVED: 1974