G17-13 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.
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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
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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
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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.
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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
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