HomeMy WebLinkAboutOrdinances - 23-70 - 12/18/2023 - Video Gaming Cafes CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 23-70
Amending Title 4, Chapter 2: Alcoholic Liquor; and Title 4, Chapter 6:
Video Gaming Terminals of the McHenry City Code, to Define and
Limit Video Gaming Cafes
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
December 18, 2023
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 19th day of December 2023
ORDINANCE NO. 23-70
Amending Title 4, Chapter 2: Alcoholic Liquor; and Title 4, Chapter 6: Video
Gaming Terminals of the McHenry City Code, to Define and Limit Video
Gaming Cafes
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule
powers and functions as granted in the Constitution of the State of Illinois.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of
McHenry, McHenry County, Illinois, as follows:
SECTION 1: Section 4-2-1: Alcoholic Liquor: Definitions of the McHenry City
Code shall be amended as follows:
Add to the existing definitions in section 4-2-1: Definitions, the following definition:
VIDEO GAMING CAFÉ: An establishment whose primary or a major focus of the establishment
is video gaming and the service of alcohol; food is secondary to the operation of video gaming. The
following factors may be considered when determining if the establishment is a video gaming café:
A. The layout and design of the establishment;
B. The preparation and variety of food and beverages offered;
C. The creation and operation of a commercial kitchen on the premise where gaming is situated;
D. The number of video gaming machines relative to the customer seating capacity of the
establishment must be 10 customer seating to one machine;
E. The square footage of space devoted to video gaming relative to the amount of space devoted
to other activities must be 4 for non-gaming to 1 gaming;
F. The source of proposed or actual revenue derived from the establishment;
G. The number of employees at the establishment and their proposed function; and
H. Any other factors as determined as relevant by the Local Liquor Control Commissioner
SECTION 2: Section 4-6-2: Video Gaming Terminals: Definitions, of the McHenry
City Code, shall be amended as follows:
Add to the existing definitions in section 4-6-2: Definitions, the following definition:
VIDEO GAMING CAFÉ: An establishment whose primary or a major focus of the establishment
is video gaming and the service of alcohol; food is secondary to the operation of video gaming. The
following factors may be considered when determining if the establishment is a video gaming café:
A. The layout and design of the establishment;
B. The preparation and variety of food and beverages offered;
C. The creation and operation of a commercial kitchen on the premise where gaming is situated;
D. The number of video gaming machines relative to the customer seating capacity of the
establishment must be 10 customer seating to one machine;
E. The square footage of space devoted to video gaming relative to the amount of space devoted
to other activities must be 4 for non-gaming to 1 gaming;
F. The source of proposed or actual revenue derived from the establishment;
G. The number of employees at the establishment and their proposed function; and
H. Any other factors as determined as relevant by the Local Liquor Control Commissioner
SECTION 3: Section 4-6-4: Limitations of Establishments And Terminals, of the
McHenry City Code, shall be amended by adding subsection C as follows:
4-6-4: Limitations of Establishments and Terminals:
C. Premises on which Video Gaming Terminals are Prohibited: Video Gaming
Cafés, as defined in the definition section above, are prohibited. Provided, however,
any person or entity in possession of a current City video gaming establishment
license and operating a Video Gaming Café as of January 1, 2024 may continue
operating under such license, as renewed from time to time, until such time as Video
Gaming Café business is closed for more than 30 days at which time this exception
shall terminate.
SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of
this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such
judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue in full force and effect.
SECTION 5: All ordinances, or parts thereof, in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 6: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 7: This ordinance shall be in full force and effect from and after its
passage, approval and publication, as provided by law.
Passed this 18th day of December, 2023.
Ayes Nays Absent Abstain
Alderwoman Bassi _x__ _____ _____ _____
Alderman Glab _x__ ____ _____ _____
Alderman Koch _x__ ____ _____ _____
Alderman McClatchey _x__ _____ _____ _____
Alderwoman Miller _x__ _____ _____ _____
Alderman Santi _x__ _____ _____ _____
Alderman Strach _x__ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk