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Home My WebLink AboutOrdinances - 19-1197-A - 07/20/2020 - Amendment for video gaming terminals CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 19-1197-A Amendment to Ordinance No. MC-19-1197Amending Chapter 9, Devices, Coin-Operated, Section 9-10, Video Gaming Terminals, of the City of McHenry's Municipal Code Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois July 20, 2020 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 21st day of July, 2020. ORDINANCE NO. MC-19-1197-A Amendment to Ordinance No. MC 19-1197Amending Chapter 9, Devices, Coin-Operated, Section 9-10, Video Gaming Terminals, of the City of McHenry's Municipal Code 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; WHEREAS, the City enacted Ordinance No. MC-19-1197 June 17, 2019 to revise the amount of the license fees relating to video gaming establishments and video gaming terminals, among other things,with the newly enacted amounts to be paid by existing owners and operators at the next renewal of video gaming terminal licenses, May 1, 2020; WHEREAS,due to the COVID-19 public health crisis causing limited government functions and businesses to shutdown, a moratorium was placed on the renewal of video gaming terminal licenses and the associated license fees; WHEREAS,the State of Illinois allowed video gaming terminals to reopen beginning July 1, 2020, with City license renewals and fees due within 30 days; WHEREAS, as a result of the reopening, the City Council has determined that an error occurred in the language published under City Ordinance MC-19-1197,Section 9-10 Video Gaming Terminals, Subsection I,Annual Video Gaming Establishment Fee and Video Gaming Terminal Fees which the City Council desires to correct. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Ordinance No.MC-19-1197 is hereby amended,nunc-pro-tunc, to correct the City Council's error in Chapter 9,Devices,Coin-Operated, Section 9-10,Video Gaming Terminals, Subsection I, Annual Video Gaming Establishment Fee and Video Gaming Telininal Fees shall be clarified with the underlined language being added and the stricken language being deleted as follows: Sec. 9-10 Video Gaming Terminals. I. Annual Video Gaming Establishment Fee and Video Gaming Terminal Fees. The annual license fee payable to the City shall be $1,000 for each Video Gaming Establishment to be paid by the Video Gaming Terminal Operator and$1,000 for each Video Gaming Terminal, $500 to be paid by the Video Gaming Establishment and$500 to be paid by the Terminal Operator. Fees for licenses obtained,revoked,or relinquished in the middle of the license year shall not be reduced or refunded. The fees for any not-for-profit Video Gaming Terminals, Page 1 establishment shall be $250 for the annual Video Gaming Establishment to be paid by the Video Gaming Terminal Operator and$250 for each annual Video Gaming Terminal($125 to be paid by the Video Gaming Establishment and $125 to be paid by the Terminal Operator).All renewal license fees shall be submitted simultaneously and paid prior to May 1st of each year as licenses are effective from May 1st through the following April 30th. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance,as amended,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 3:All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance, as amended, shall be in full force and effect upon its passage date of June 17, 2019. Passed and approved this 20th day of July, 2020 Ayes Nays Absent Abstain Alderman Harding 4 Alderman Devine fi Alderman Glab Alderman Mihevc Alderwoman Miller X Alderman Santi X Alderman Schaefer APPROVED: 1/7Y11( , Mayor Wayne Jett (SEAL) % " �y ATTEST: a-11114441".— Monte Johnson, Deputy Clerk Passed: 7AD/20 tG Approved: 7/7 0/P026 Z:I MI McHenryCityof(Ordinances l VideoGamingAmendCorrection.doc Video Gaming Terminals, Page 2 CERTIFICATION I,Monte Johnson,do hereby certify that I am the duly appointed,acting and qualified Deputy Clerk of the City of McHenry,McHenry County,Illinois, and that as such Clerk,I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 20th day of July, 2020, the foregoing Ordinance entitled Amendment to Ordinance No. MC 19-1197Amending Chapter 9,Devices, Coin-Operated,Section 9-10, Video Gaming Terminals, Subsection I,Annual Terminal Operator Fee and Video Gaming Terminal Fees of the City of McHenry's Municipal Code,was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. MC-19-1197, including the Ordinance and a cover sheet thereof,was prepared,and a copy of such Ordinance was posted in the City Hall,commencing on the 18th day of June, 2019, and continued for at least 10 days thereafter. The pamphlet form of Ordinance No. MC-19-1197-A,as amended, and a cover sheet thereof,was prepared,and a copy of such Amended Ordinance was posted in the City Hall, commencing on the 21st day of July, 2020, and will continue for at least 10 days thereafter. Copies of such Ordinance, as amended, are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 21st day of July 2020. 7126,-,4.- a-PA-04,- Monte Johnson, Deputy City Clerk City of McHenry, McHenry County, Illinois (SEAL)