2016-04-18 - Ordinance 2016-023 - PERMITTING VIDEO GAMING (CHAPTER 5.08) ORDINANCE NO. 2016 - 023
AN ORDINANCE PERMITTING VIDEO GAMING
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant tote Illinois
Constitution of 1970; and
WHEREAS, a Home Rule unit may exercise any power and perform any function
pertaining to its government and affairs for the protection of the public health, safety, morals and
welfare; and
WHEREAS, the Video Gaming Act (23 0 ILCS 4011, et seq.) became law July 13, 2009,
and allows licensed retail establishments to conduct video gambling; and
WHEREAS, prior to the enactment of the Video Gaming Act, the Buffalo Grove
Municipal Code of Ordinances had specific prohibitions against such gambling devices; and
WHEREAS, the Video Gaming Act permits limited use of video gaming machines at
particular premises within the State; and
WHEREAS, the Board of Trustees of the Village of Buffalo Grove find that the Buffalo
Grove Municipal Code should be amended to clarify that video gaming as allowed byte Video
Gaming Act (230 ILCS 511 et. se q.), as amended, and as further regulated pursuant tote Home
Rule powers oft e Village, is authorized within the Village limits.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, pursuant to its Home Rule authority, as follows:
Section 1. The foregoing recitals are made a part hereof as if fully restated hereby.
Section 2. Ordinances No. 2009-52 and No. 2009-65, which prohibited video gaming
in Buffalo Grove, are hereby repealed.
Section 3. Chapter 5.08 of the Village of Buffalo Grove Municipal Code is hereby
amended by adding Section 5.08,090.C. a s s hown below in the underlined text to read as
follows:
5.08.090 - Games of skill.
A. No permittee shall operate, maintain or permit to be maintained on any premises being
occupied for any amusement activity for which a permit has been granted under this Chapter any
gambling or any game of chance prohibited by State law or local ordinance. No game of skill or
science shall be controlled, fixed or operated so as to substantially deceive the public as to the
possibility of succeeding at such game or of winning any prize offered in connection therewith.
The use of, o r e mploying of, or permitting of capper, shills or of persons posing as players in
connection with any amusement activity is prohibited.
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B. The rules of any game of skill or science, the prizes offered, the requirements for winning
each prize or group of prizes, and the cost of participating in such games shall be clearly
indicated and prominently displayed at the location where such games are played.
C. This section shall not restrict video iiiiiiiig that is licensed UIRICr the 1)1-t)V'[';IOIIS of the Video
!�jrajnjria Act and as authorized by the Buffalo Grove Municipal Code.
Section 4. Chapter 5.12 of the Village of Buffalo Grove Municipal Code is hereby
amended by adding Section 5.12.105 Video Gaming Exceptions a s s hown below in the
underlined text to read as follows:
5.12.105 --Video Garnin2 Excevtions
This Chanter shall not restrict video gamins; that is licensed under the provisions of the
Video GaminE Act and as authorized by the Buffalo Grove MuniCiDal Code.
Section 5. Section 5.20.010 of the Village of Buffalo Grove Municipal Code is
hereby amended by adding new definitions to be placed in alphabetical order within the existing
definitions, in the manner and form shown below with additions being underlined, so that said
definitions shall hereafter be included as follows:
"Licensed Video Gaining Location" means a licensed establishment, licensed fraternal
establishment, licensed veterans establishment, or licensed truck stop establishment, all
as defined in Section 5 of the Video GaminR Act (230 ILCS 40/51.
"Video Gamina Cafe" means an establishment whose Drimary or for focus is video
ramie g and the service of alcohol and food is incidental t o t he operation of video an-ling.
The following factors may be considered when determining if the establishment is a
Video Gamin , Cate:
• The layout and design of the establishment,
■ The preparation and variety of food and beverages offered,
■ The creation and operation of a commercial kitchen,
■ The number of video gaming machines relative to the customer seating capacity of
the establishment,
■ The square Lootage of space devoted to video gamin), relative to the amount of space
devoted to other activities,
• The source of proposed or actual revenue derived from the establishment.
■ The number of employees at the establishment and their proposed functioil,
• Anv other factors as determined as relevant bv the Local Liquor Control
Commissioner.
Section 6. Chapter 5.20 of the Village of Buffalo Grove Municipal Code is hereby
amended by adding Section 5.20.155 in the manner and form shown below with additions being
underlined, as follows:
5.20.155 —Video Gaming
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A. Video Gaining Permitted-License Required
Liquor establishments that are licensed under this Chapter that are also licensed as Licensed
Video Gamina Locations by the Illinois Gaming Board shall be authorized to De t video
gaming, at the licensed promises pumiant to the Video Gaming Act (230 ILCS 4011 el. seq.) and
this Chapter. No premises may offer or allow any form of video gaining as allowed by the Video
Garnina Act without an Illinois Gaming oar_ approval byte Local Liauor Control
Commissioner or in violation of the Buffalo Grove Municipal Code.
B. Video Gaming Cafes prohibited
A Video Gaminiz Cafe shall not be qualified to obtain anv existing classification of Buffalo
Grove Liquor Licenses and is prohibited from becoming a Licensed Video Gaming Location
luit'llin file vilincy -Fs&c -
WT ii i vi ge. Further, no such license allowi— i�qm;nff ('Q Q!,knll lu Created
maintained or authorized bv this Chapter.
C. Definitions
Excent as otherwise defined in this Chanter- all words and Dhrases used in this Section. shall
have the meaning ascribed to them in Section 5 oft Video Gaining Act (230 ILCS 40/5).
D. Application and Application Fee
Anv Licensed Video Gaming Locations- shall submit an application forte authorization of
Video j.),urning, provided by the Local Liquor Control Commissioner to the Local Liquor Control
Commissioner in writiniz. sip-ned and verified by oath or affidavit. Such application shall provide
the number Video Gaming Terminals to located upon the premises and any other infonnatioll as
deemed necessary bv the Local Liquor Control Commissioner. Onlv licensed liauor
establishments that have received a Video Gaming license from the Illinois Video Gaming Board
authorizing video =an-iing at a Licensed Video Ganning Location shall be allowed to apply for
authorization with the Local Liquor Control Commissioner for video aaminLy. The application
fee sliall be two hundred fifty dollars ($2501 rcy-ardless of the number of Video Gaming
'rerminals to be operated at the establishment.
E Video Gaminjz Tenninal Fee
All Video Gaming Locations shall pay an annual fee of one thousand dollars_($1.000) per
terminal per year. is shall be naid in addition to all other fees. The first navment oft e
annual fee shall be paid prior to operation of an y Video Gamin r Terminal. If the -Fi rst paym ent
of the annual fee is paid after May I't, that payment shall be applied to the remaining fiscal yea
ending on April 30"', but said fee shall not be diminished or pro-rated. All subsequent annual fee
a` eats shall be paid in full prior to May I't of i-noli osibaneinr xn-nr
F. Advertisin
It shall be unlawful to advertise for video aaminiz in anv street. altey or public right-of-way
within the Village. Nothinm in this Section shall alleviate the other Villa re's sign regulations of
the Buffalo Grove Municipal Code.
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G. Violations and Penalties
Licensed Video Gaming, Locations nikist comply witli all federal, state and local laws, includin
but not limited to the Illinois Liquor Control Act (235 ILCS 511 car. seg.), the Video Gaming Act
and the BLiffialo Grove Municipal Code. Licensed Video Gaming Locations that have been
found to be in violation of this Chanter. the Video Gaming, Act_ any other federal- state or
local law, shall be subject to the penalties provided for in this Chal2ter, the Video Gaining Act
and the Illinois Liquor Control Act (235 ILCS 511 a seg.), which mav include but are not
limited to:
a. revocation or suspension of the Liquor License and the authorized use of video
ginning as allowed by this Chapter;
b. pavme of a fine of up to five thousand dollars (%5-000) for each offense.
Section 7. If any section, paragraph, clause or provision of this ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this ordinance.
Section 8. This ordinance shall be in full force and effect from and after its passage,
approval and publication. This ordinance may be published in pamphlet form.
AYES: 6 -- Berman, Trilling, Stein. Ottenheirner, Weidnifeld Johnson
NAYES: 0 - None
ABSENT: 0 -None
PASSED: April 18, 2016.
APPROVED: April 18, 2016.
PUBLISHED: April 19,2 016.
APPROVED:
Beverly Suss"Ii'11,�Village President
ATTEST:
Janet -."Sirabian, Village Clerk
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