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HomeMy WebLinkAboutG17-13 Ordinance No. G17-13 AN ORDINANCE RELATING TO VIDEO GAMING WHEREAS,the Illinois Video Gaming Act(230 ILCS 40/1,et seq.)was enacted on July 13, 2009, and legalizes the use of video gaming terminals in certain liquor license establishments and licensed truck stop establishments within the state; and WHEREAS, Section 27 of the Illinois Video Gaming Act authorizes a municipality to prohibit video gaming within their corporate limits; and WHEREAS, existing City of Elgin ordinances prohibit video gaming within the City of Elgin; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to amend the city ordinances to allow video gaming within the City of Elgin pursuant to the Illinois Video Gaming Act; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the regulation of liquor license establishments within the city pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.09.155 of the Elgin Municipal Code, 1976,as amended,entitled "Automatic Amusement Devices" be and is hereby further amended by amending subparagraph F thereof to read as follows: "F. Devices To Be Kept In Plain View;Gambling Devices Prohibited: All such devices shall at all times be kept and placed in plain view of any person or persons who may frequent or be in any place of business where such devices are kept or used. Nothing in this Chapter shall be construed to authorize, permit or license any gambling device,provided,however,video gaming authorized and licensed pursuant to the Illinois Video Gaming Act at 230 ILCS 40/1, et seq., as amended, shall not be prohibited." Section 2. That Section 6.06.140 of the Elgin Municipal Code, 1976,as amended,entitled "Offenses by Licensee" be and is hereby further amended by amending subparagraph D thereof to read as follows: "D. Permit any card playing or gambling on the premises, provided, however,video gaming authorized and licensed pursuant to the Illinois Video Gaming Act at 230 ILCS 40/1,et seq.,as amended, shall not be prohibited." Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by adding a new section 6.06.015 thereto entitled "Adoption of Provisions of Liquor Control Act" to read as follows: "6.06.015 Adoption of Provisions of Liquor Control Act: The provisions of 235 ILCS Sections 5/4-1 through 5/4-7, Sections 5/6-1 through 5/6-20, Sections 5/6-22 through 5/6-29.1, and Sections 5/6-31 through 5/6-35,as amended,be and are hereby adopted and incorporated by reference. In the event of any conflict between such statutes and the provisions of this chapter or other applicable city ordinances,the provisions of this chapter or other applicable city ordinances shall supersede and control." Section 4. That Section 6.06.040 of the Elgin Municipal Code, 1976,as amended,entitled "License Classes;Fees:"be and is hereby further amended by deleting subparagraph R which relates to the class P license,by deleting subparagraph S which relates to the class Q license and by deleting subparagraph V which relates to the class T license. Such section is further amended by relettering in alphabetical order the remaining subparagraphs of such section. Section 5. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by deleting therefrom any remaining references to the class P, class Q or class T liquor license classifications. Section 6. That Section 6.06.050 of the Elgin Municipal Code, 1976,as amended,entitled "Licenses;Number To Be Issued:" be and is hereby further amended to read as follows: "A. The number of class A licenses shall not exceed eleven (11) in number. B. The number of class A-1 licenses shall not exceed one(1)in number. C. The number of class B licenses shall not exceed twenty four(24) in number. D. The number of class B-1 licenses shall not exceed ten(10)in number. E. The number of class B-2 licenses shall not exceed two(2)in number. F. The number of class B-3 licenses shall not exceed four(4)in number. G. The number of class B-4 licenses shall not exceed one(1)in number. -2 - H. The number of class C licenses shall not exceed seven(7)in number. I. The number of class C-1 licenses shall not exceed one(1)in number. J. The number of class E licenses shall not exceed eleven (11) in number. K. The number of class E-1 licenses shall not exceed six(6)in number. L. The number of class E-2 licenses shall not exceed three (3) in number. M. The number of class E-3 licenses shall not exceed three (3) in number. N. The number of class F licenses shall not exceed eleven (11) in number. 0. The number of class F-1 licenses shall not exceed two(2)in number. P. The number of class M licenses shall not exceed six (6) in number. Q. The number of class R licenses shall not exceed one (1) in number. R. The number of class R-1 licenses shall not exceed one(1)in number. S. The number of class S licenses shall not exceed one (1) in number. T. The number of class U licenses shall not exceed two (2) in number. U. The number of class W licenses shall not exceed one (1) in number. V. The number of class X licenses shall not exceed two(2)in number." Section 7. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Contents:" be and is hereby further amended by amending subparagraph B thereof to read as follows: "B. Each license application for an initial license at a premises shall be accompanied by a set of floor and site plans prepared under the seal of an architect or engineer licensed to practice in the state. The plans shall show the dimensions of the premises, its location on and the dimensions of its site;the property lines and their relationship to the building and all parking areas located on the property;and the design - 3 - and layout for determination of occupancy,including,but not limited to, exiting, seating, dining rooms, bars, game and waiting areas, proposed video gaming areas,and position of equipment and fixtures therein whether or not an application for a license has or will be submitted. The plans shall show on the face thereof a written computation of proposed occupancy limits,parking requirements and areas which will be reasonably necessary for loading and unloading. The layout of a licensed premises may not be substantially changed without submission of a new set of plans and approval by the liquor commission. The requirements of this subsection shall not apply to any applicant seeking a class G, H, I, K or K-1 license." Section 8. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Contents:" be and is hereby further amended by further amending subparagraph C thereof by adding a new subsection 11 thereto to read as follows: "11. Statement and representation from the applicant whether the applicant will be applying for a video gaming license and will be conducting video gaming at the proposed licensed premises." Section 9. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended, entitled "Application; Contents:" be and is hereby further amended by amending subparagraph D thereof to read as follows: "D. No person shall knowingly furnish false or misleading information or withhold any relevant information on any application for any license required by this chapter nor knowingly cause or suffer another to furnish or withhold such information on his behalf. No person shall knowingly furnish any false or misleading information in the investigation of any application for a license required by this chapter. No person shall wilfully withhold any information that is relevant to any such investigation when called upon by any city officials to furnish such information. The furnishing of false or misleading information or withholding any relevant information on any application for any license required by this chapter shall be grounds for denial of any such application, or if discovered after the granting of the license, shall be grounds for a fine and/or the suspension or revocation of the license." Section 10. That Section 6.06.070 of the Elgin Municipal Code, 1976, as amended, entitled"Application;Contents:"be and is hereby further amended by adding a new subparagraph E thereto to read as follows: "E. A Licensee shall conduct the business at a licensed premises in a el'' manner consistent with the statements and representations made on - 4 - the Licensee's application before the Local Liquor Control Commission." Section 11. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "Alcoholic Liquor Dealers" be and is hereby further amended by adding a new Section 6.06.116 thereto entitled "Video Gaming Regulations" to read as follows: "6.06.116 Video Gaming Regulations Adopted: Regulations of the Illinois Video Gaming Act 230 ILCS 40/1 et seq., as amended,and Title 11 of the Illinois Administrative Code,subtitle D,Video Gaming, Chapter I, Illinois Gaming Board, Art. 1800, Video Gaming (General) (11 Ill. Adm. Code 1800.110 et seq., as amended) be and are hereby adopted and incorporated by reference herein. Such laws and regulations relating to video gaming, as amended, are referred to in this chapter collectively as video gaming regulations." Section 12. That Section 6.06.120 of the Elgin Municipal Code, 1976, as amended, entitled"License;Revocation; Suspensions;Fines:"be and is hereby further amended by amending subparagraph C3 thereof to read as follows: "3. Violation of Federal Law, State Law or Ordinances of the City;". Section 13. That Section 6.06.120 of the Elgin Municipal Code, 1976, as amended, entitled "License; Revocation; Suspensions; Fines:" be and is hereby further amended by further amending subparagraph C thereof by adding a new subsection 6 thereto to read as follows: "6. Failure to conduct the business at the licensed premises in a manner consistent with the statements and representations made on the Licensee's application before the Local Liquor Control Commission." Section 14. That Section 6.06.140 of the Elgin Municipal Code, 1976, as amended, entitled"Offenses by Licensee"be and is hereby further amended by adding new subparagraphs AA and BB thereto to read as follows: "AA. Permit the business on the licensed premises to be conducted in a manner inconsistent with the representations on the Licensee's application before the Local Liquor Control Commission. BB. Permit any violation of any video gaming relations." Section 15. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. r - 5 - • • Section 16. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. K. 'ain, !ayor Presented: March 20, 2013 Passed: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 20, 2013 Published: March 22, 2013 Attest: .44AG(4- Kimberly Dewis, ty Clerk r r - 6 -