HomeMy WebLinkAboutOrdinances - MC-12-1053 - 07/16/2012 - CH 14 OFFENSES-MISC REPEAL SEC 14-31 AND CH 9 DEVIORDINANCE NO. MC-12-1053
AN ORDINANCE AMENDING CHAPTER 14 OFFENSES -MISCELLANEOUS
ARTICLE I IN GENERAL BY REPEALING THEREFROM SECTION 14-31 AND
CHAPTER 9 DEVICES, COIN -OPERATED IN THE MUNICIPAL CODE AND
ADDING THERETO A NEW SECTION ENTITLED "VIDEO GAMING TERMINALS",
IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS
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, AS FOLLOWS:
SECTION 1: That Section 9-2. License required.** shall be amended by adding the
following language:
"...The regulations and requirements of this Section 9-2 shall not apply to video gaming
terminals authorized and licensed by the State of Illinois pursuant to the Illinois Video Gaming
Act and its rules and Section 9.10 of this Chapter ".
SECTION 2. That Section 9-7. Gambling devices prohibited.* shall be amended by as
follows:
"Nothing in this Chapter shall in any way be construed to authorize, license or permit any
gambling device whatsoever or any mechanism that has been judicially determined to be a
gambling device, or in any way contrary to law, or that may be contrary to any future laws of the
State of Illinois, except video gaming terminals licensed by the City and State of Illinois and
Section 9.10 of this Chapter".
SECTION 3: A new Section 9.10 is hereby added to the City of McHenry Municipal
Code as follows:
"9.10 Video Gaming Terminals
A. License Required: No person shall have or keep a video gaming terminal or device in
any place of public resort unless same is licensed by the City, pursuant to this Section
9.10.
B. Applications for licenses, as provided herein, shall be made to the City Clerk and all
applicants shall conform to the general provisions set forth in Chapter 12. Licenses
Generally of the Municipal Code, as well as the State of Illinois, through the Illinois
Gaming Board, and pursuant to the Illinois Video Gaming Act and the rules and
regulations implemented thereto.
C. Annual License Fee: The annual license fee payable to the City shall be $100 for
each video gaming terminal or device.
D. Replacement of License: Whenever a licensed video gaming terminal is replaced
during the fiscal year a replacement license must be purchased; the licensee will pay a
$2.00 transfer fee.
E. Issuance: The applicant must obtain federal and state licenses and exhibit proof of
said licenses prior to the issuance of a license pursuant to this Section 9.10. Upon
approval of the application by the State of Illinois and payment of the license fee in
accordance with Section 9.10(C) of this Chapter, the City shall issue one license for
each video gaming terminal.
SECTION 4: That Chapter 14, Offenses -Miscellaneous Article I In General, shall be
amended by repealing therefrom Section 14-31. Gambling -Permitting use of premises.
SECTION 5: 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 affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 6: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 7: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 8: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED THIS 16th DAY OF JULY, 2012.
AYES: Schaefer, Blake, Wimmer, Peterson, Condon.
NAYS: Glab.
ABSTAINED: Santi.
ABSENT: None.
NOT VOTING: None.
APPROVED THIS 16th DAY OF JULY, 2012
OR
ATTEST:
CITY C