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HomeMy WebLinkAboutOrdinances - MC-19-1197 - 06/17/2019 - Amending Chapter 9, Devices, Coin-Operated, Section 9-10, Video Gaming TerminalsCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER MC-19-1197 An Ordinance Amending Chapter 9, Devices, Coin -Operated, Section 9-10, Video Gaming Terminals, of the City of McHenry's Municipal Code Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois June 17, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 18t' day of June 2019. ORDINANCE NO. MC-19-1197 An Ordinance Amending 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 Council has determined that gambling activities related to The Video Gaming Act, 230 ILCS 40/1 et seq., impact the character and aesthetics of the City, and the general health, welfare, safety and financial stability of the City's residents, and that additional regulations stated herein are necessary to maintain the overall character of the City. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 9, Devices, Coin -Operated, Section 9-10, Video Gaming Terminals, shall be fully replaced in its entirety and restated as follows: Sec. 9-10 Video Gaming Terminals. A. Definitions. As used in this section, the following terms shall have the meanings so indicated: "Video Gaming Establishment" —Any establishment holding a valid and current Video Gaming Establishment License issued by the City. In order to qualify for an Establishment License, the establishment must: 1. Hold a current and valid video gaming location license issued by the Illinois Gaming Board; 2. Hold a current and valid Class A (Full Bar) or Class B (Table Service) liquor license in accordance with Chapter 4 of the City Code or hold a valid Class C license with a truck stop endorsement as defined by Illinois statute; 3. Meet all other criteria required by applicable law of the State of Illinois and/or the City of McHenry, as may be amended from time to time; and "Video Gaming Terminal" — Any electronic video game machine that, upon insertion of cash, electronic cards or vouchers, or any combination thereof, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, as authorized by the Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The Video Gaming Terminals, Page 1 term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only. This definition shall be expanded by any amendments to the Video Gaming Act, 230 ILCS 40/5. B. License Required. No person or establishment shall have, keep, or operate, a Video Gaming Terminal in any place or public resort, unless it is a licensed Video Gaming Establishment and every Video Gaming Terminal therein is annually licensed in accordance with these regulations. C. Limitation of Video Gaming Establishment Licenses. Unless and until the City Council acts on an application for an additional Video Gaming Establishment License, the existing maximum number of Video Gaming Establishment Licenses shall not be increased. When a Video Gaming Establishment License is revoked or relinquished, or is not renewed, the maximum number of Video Gaming Establishment Licenses shall be reduced for each such revocation, relinquishment or nonrenewal. D. Limitation on Video Gaming Terminals. Individual Video Gaming Terminal Licenses shall be issued by the City Administrator or designee but only after a Video Gaming Establishment License is authorized by Council. No authorized Video Gaming Establishment shall be issued more than five (5) individual video gaming terminal licenses. E. Applications for Gaming License. All applications for Video Gaming Establishment and Video Gaming Terminal Licenses issued by the City shall be completed on forms provided by and filed with the City Clerk. All applications 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. F. Action on Filed Applications. Filed applications for Video Gaming Establishments shall be submitted to the City Council for approval or denial. The City Council may issue or deny the application, within its sole discretion, taking into consideration factors including, but not limited to the following: location of the applicant's establishment, past history of the applicant and its principals, the nature of any proposed business(es) associated with the applicant, surrounding property uses, and any other factors deemed relevant by the City Councilmembers regarding aesthetics, the character of the community, and welfare of the public. Issuance of a liquor license shall not entitle the holder to renewal of a Video Gaming License, and no protectible property interest or vested right shall have been created. G. Development Agreement: All Video Gaming Establishment Licenses shall be subject to a written agreement between the Licensee and the City Administrator addressing issues deemed relevant by the City Council, including, but not be limited to outdoor signage and partitions. With regard to partitions, at a minimum, the agreement shall provide that all Class B Liquor License holders, and all Class A Liquor License holders whose business Video Gaming Terminals, Page 2 includes table seating for patrons under the age of 21, must erect a partition that effectively separates the gaming area from visible view of the remaining customer area of the business. Plans and specifications of the partition shall be included with the agreement. Video monitoring of the gaming area by staff must be installed in all locations in which any full partition is installed where the view of the gaming area by staff is screened out. H. City Clerk to Administer Licenses. Upon approval of the issuance of a City Video Gaming Establishment License the City Clerk is hereby directed to increase the maximum number of authorized City issued gaming licenses accordingly. Any time a City issued gaming license is revoked or voluntarily surrendered, the City Clerk is hereby directed to reduce the maximum number of authorized City issued gaming licenses accordingly. 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 and $1,000 for each Video Gaming Terminal. 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 establishment shall be $250 for the annual Video Gaming Establishment and $250 for each annual Video Gaming Terminal License. All renewal fees shall be paid prior to May 1st of each year as licenses are effective from May 1 st through the following April 30tn J. Inspection. The City reserves the right to inspect the premises of any licensed Video Gaming Establishment for compliance with these regulations and all other applicable ordinances. Refusal of inspection is ground for revocation of all video gaming licensing. K. Display of Licenses. Upon approval of the Video Gaming Establishment License including receipt of the payment of the license fee, the City shall issue a license certificate bearing the notation "City of McHenry Video Gaming Establishment License". One license shall be issued for each licensed Video Gaming Establishment and list the number of Video Gaming Terminals licensed for said Establishment and it shall be affixed in a conspicuous place near any Video Gaming Terminals. Upon approval of the Video Gaming Terminal License including receipt of payment for each Video Gaming Terminal, a licensing sticker issued by the City must be affixed to each Video Gaming Terminal and visible for inspection. L. Existing Video Gaming Establishments. Upon renewal of each Video Gaming Establishment, in existence at the time of adoption of this Ordinance, each licensee shall enter into the Development Agreement referenced in sub -paragraph G, above. SECTION 2: 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. Video Gaming Terminals, Page 3 SECTION 3 : All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this 17th day of June, 2019 Ayes Alderwoman Baehne X Alderman Devine X Alderman Glab X Alderman Mihevc x Alderwoman Miller X Alderman Santi Alderman Schaefer X Wayn �ayor Nays Absent Abstain Z:\M\McHenryCityof\Ordinances\VideoGamingAmend.doc ci . Monte Johnson, eputy Clerk Video Gaming Terminals, Page 4 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 17th day of June, 2019, the foregoing Ordinance entitled An Ordinance Amending Chapter 9, Devices, Coin -Operated, Section 9-10, Video Gaming Terminals, 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 will continue for at least 10 days thereafter. Copies of such Ordinance 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 181h day of June 2019. a. 4P?��t= Monte Johnson, Deputy City Clerk City of McHenry, McHenry County, Illinois (SEAL)