Video Gaming Ordinance 2023-04

VILLAGE OF BISHOP HILL, ILLINOIS

ORDINANCE NO. 2023-04

AUTHORIZING VIDEO GAMING, SET REGULATIONS, and AMEND LICENSE FEES

               WHEREAS, the Illinois legislature has adopted the Video Gaming Act (230 ILCS 40/1 et al.). and the Illinois Gaming Board has adopted accompanying regulations, whereby municipalities may permit and license video gaming in certain establishments; and

               WHEREAS, the President and the Board of Trustees of the Village of Bishop Hill, Illinois, after having considered and reviewed sufficient evidence and testimony concerning the issue have determined that it is in the best interest of the Village o permit video gaming, subject to the conditions and regulations set forth in this ordinance.

NOW THERFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BISHOP HILL, COUNTY OF HENRY, STATE OF ILLINOS AS FOLLOWS:

               Section 1:  That the Village Code be amended to add the following:

1.      DEFINITIONS. The definitions in the Video Gaming Act are herby incorporated into this Ordinance.

2.      LOCAL VIDEO GAMING COMMISSIONER. The President shall be the Local Video Gaming Commissioner and shall perform all duties which are necessary to enforce the provisions of the Video Gaming Act and this Ordinance.

3.      LOCAL VIDEO GAMING LICENSE REQUIREMENTS.  It shall be unlawful to display, operate, or otherwise permit the use and operation of a Video Gaming Terminal without having first obtained a Local Video Gaming License.  It shall be a prerequisite to any such Local Video Gaming License issued by the Village that such applicant has in place the following:

a.      A valid license from the Illinois Gaming Board to operate as a licensed establishment;

b.      A valid State of Illinois Liquor License issued by the Illinois Liquor Commission; and

c.      A valid Liquor License issued by the Village of Bishop Hill.

4.      APPLICATION FOR LICENSE.  All applicants for a Local Video Gaming License shall be made to the Local Video Gaming Commissioner.  The application shall be made on forms approved by the Local Video Gaming Commissioner and shall contain, at a minimum, the following information:

a.      A copy of a valid Illinois Gaming Board License;

b.      A copy of a valid Illinois Liquor License;

c.      A copy of a valid Village of Bishop Hill Liquor License;

d.      The number and type of Video Gaming Terminals to be operated;

e.      A statement as to whether the applicant has made a similar application and the disposition, if any, of such applications.

5.       LICENSE FEE.  The annual license fee for a Local Video Gaming License shall be One Hundred Dollars ($100.00) per Video Gaming Terminal, which fee shall be due before the annual commencement date of June 1 of each year.  All Local Video Gaming Licenses shall terminate on May 31 of each year unless timely renewed for the subsequent year prior thereto.  No portion of the license fee shall be refunded even upon suspension or revocation as provided in this Ordinance.

6.      HOURS OF OPERATION.  The Local Video Gaming License shall be in full force and in effect during the hours of operation of the Licensed Establishment wherein the Video Gaming Terminal(s) is/are located.

7.      COMPLIANCE WITH ILLINOIS GAMING ACT.  Each license shall conform and adhere to the Illinois Gaming Act (230 ILCS 40/1 et al.) and the regulations adopted pursuant thereto.

8.      PROPERTY IMPROVEMENT.  In recognition of the creation of this discretionary video gaming license, each license shall improve the structural and aesthetic qualities of the building and property.  If the license fails to do so to the satisfaction of the Village Board, the Village Board may decline to renew any license and/or repeal this ordinance.

9.      VIOLATIONS.  Upon any violation of the provisions of this Ordinance, the Local Gaming Commissioner may impose a fine of Five Hundred Dollars ($500.00) on the violating establishment, and/or suspension or revocation of the Local Video Gaming License.

SECTION 2:  That the Village Clerk is hereby authorized to publish this Ordinance in pamphlet form.

SECTION 3:  That this Ordinance shall be in full force and in effect from and after its passage, approval, and publication in pamphlet form as provided by law.

APPROVED this 6th day of December, 2023