Village of Homer Glen, IL
Will County
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[Adopted 5-28-2013 by Ord. No. 13-034; amended in its entirety 11-22-2016 by Ord. No. 16-053]
As used in the article, the following terms shall have the meanings indicated:
RESTAURANT
Any place kept, used, maintained, advertised, and held out to the public as a place where meals are cooked and prepared in an adequate and sanitary kitchen located on the licensed premises using stoves, ovens, fryers, and related equipment located on the licensed premises and which are protected by a fire protection system that conforms with the Village Code. The sale of packaged food such as potato chips, pretzels, popcorn, peanuts, or other similar snacks or frozen or premade foods such as pizzas, hamburgers, or sandwiches which can be prepared by heating or warming in an oven shall not be considered food prepared and served on premises, as required herein.
VIDEO GAMING CAFE
An establishment whose primary or major focus is video gaming and the service of alcohol and food is incidental to the operation of video gaming. The following factors may be considered when determining if the establishment is a video gaming cafe:
A. 
Does not meet the definition of "restaurant" as provided herein;
B. 
An expected revenue to be at least 60% of its gross revenue on an annual basis exclusively from video gaming activities, which can be certified by request from the Village for pertinent business records to verify the certification included but not limited to financial statements, business financial reports, State of Illinois tax information, or any other record deemed acceptable by the Village.
[Amended 6-28-2017 by Ord. No. 17-042]
No person shall have or keep a video gaming terminal or device in any public place or place of public resort unless the Village license fees as set forth herein are paid and a valid license is issued and maintained in force by the State of Illinois. In order to be eligible for a video gaming license issued by the Village of Homer Glen, the applicant must have held a Village liquor license for at least six months. Any establishment that has been issued a Village liquor license less than six months prior to applying for a video gaming license shall be deemed ineligible until the six-month period has concluded. All establishments shall meet the definition of "restaurant" as provided herein and contain a minimum area of 1,500 square feet in order to be eligible for a Village video gaming license.
Annual fees as set forth in Chapter 114, Fees, Article II, are payable to the Village. The annual fees shall be due and payable on the first day of January of each year. All issued licenses shall expire on the 31st day of December of that year. These fees are not in lieu of any fee or payment payable to the state or the Illinois Gaming Board. There will be no prorating of the fee during the calendar year. Specifically, the annual fee for video gaming terminals or devices shall be for each video gaming terminal or device.
The applicant must obtain proper state licenses and exhibit proof of said licenses prior to the issuance of a license pursuant to this article. Upon approval of the application and payment of the annual license fee as set forth in § 83-47, the Village shall issue a certificate bearing the notation "Village of Homer Glen Video Gaming License for (insert the year)." One license shall be issued for each establishment and list the number of video gaming terminals licensed for said establishment and it shall be affixed in a conspicuous place.
[Amended 7-26-2017 by Ord. No. 17-049]
A. 
Video gaming cafes. A video gaming cafe, as defined herein, shall not be qualified to obtain any existing classification of Homer Glen liquor litenses and is prohibited from becoming a licensed video gaming establishment within the Village. Any existing licensed video gaming establishment that meets the definition of "video gaming cafe," as defined herein, at the time of passage, shall be considered "legal nonconforming" and cannot expand or relocate. Any legal nonconforming establishments that may be sold may continue to operate as a legal nonconforming video gaming cafe, provided that the establishment cannot expand or relocate. The Village of Homer Glen reserves the right to audit any establishment, via a request for pertinent business records to verify the certification included but not limited to financial statements, business financial reports, State of Illinois tax information, or any other record deemed acceptable by the Village with a video gaming license, to ensure that all licensed establishments conform to the Village Code.
B. 
Automobile service station (gas station). Automobile service station (gas station), as defined in § 220-303, is prohibited from becoming a licensed video gaming establishment within the Village regardless of size (acreage) and the amount of diesel or biodiesel fuel sold.
All video gaming devices or terminals shall at all times be kept, placed, operated and monitored pursuant to state laws and applicable regulations including, but not limited to:
A. 
Prohibiting the gaming area to persons under 21 years of age and to restrict access to individuals who are visibly intoxicated.
B. 
Video gaming terminals shall be placed in an area restricted to individuals age 21 or over. If individuals under the age of 21 are allowed in any portion of the licensed premises, the establishment shall limit visibility of video gaming terminals from outside the room in which they are located.
C. 
The operation of video gaming devices or terminals shall only be allowed during the legal hours of operation allowed for the consumption of alcoholic beverages at the licensed establishment. Upon the suspension or revocation of a licensee's liquor license, the licensee's video gaming license shall automatically be suspended (or revoked in the event of a liquor license revocation) without the requirement of any further action by the Village. A licensee's gaming license shall be suspended for the same period of time as the suspension or revocation of the licensee's liquor license.
D. 
The video gaming area shall be physically monitored by an employee over 21 years of age at all times during the legal hours of operation.
E. 
Providing for camera surveillance of the video gaming area that meets the specifications of the Village as specified in the license application, with equipment that has the ability to record and may be accessed by the Police Department upon request to investigate a suspected violation of this article, any law or administrative code, or any unlawful activity.
Required signage pursuant to state laws, regulations and Village ordinances shall be posted at all times in the establishment's video gaming terminal area and should further include signage prohibiting the video gaming terminal area to persons under 21 years of age. All signage shall be approved by the Village prior to its posting in the establishment.
Licensees are required to submit with their license application their establishment's responsible gaming policy, which outlines all employee education and training programs, self-exclusion policies, and procedures to promote responsible gaming. If standardized training for responsible gaming becomes available at a future date, it shall be required as part of the video gaming license application.
As a condition for issuance of the video gaming license to the licensee, the Village reserves the right to inspect the premises at any time for compliance with this article and all other applicable ordinances and statutes.
It shall be unlawful for any person, firm or corporation or other entity to engage in the business of video gaming terminal operation, pursuant to the Illinois Video Gaming Act,[1] without first having secured a license from the Village as provided in this section.
A. 
Application.
(1) 
Terminal operator licenses shall be effective from January 1 to December 31 of the same year. The annual fee for a terminal operator license shall be set forth in Chapter 114, Fees, Article II. The fee is nonrefundable and shall be applicable irrespective of when an applicant submits an application for a terminal operator license.
(2) 
There is no limit on the number of terminal operator licenses that may be issued by the Village. Applications for such licenses shall be made to the Clerk on forms and in a manner prescribed by the Clerk. Terminal operator licenses shall be issued only upon the order of the Village Manager.
(3) 
The Village Manager shall have the right to deny a terminal operator license to an applicant in the absence of reasonable proof necessary to evidence the applicant's ability to comply with, or past compliance with, the provisions of this article or any other ordinance of the Village.
(4) 
A terminal operator licensee shall provide the Village, within 14 business days of the Village's request, with copies of records pertaining to his or her accounts within the corporate limits of the Village.
B. 
Insurance prerequisites.
(1) 
No license which has been otherwise approved shall be issued until the terminal operator has filed with the Village Manager a certificate or other evidence that the terminal operator carries insurance of the following types of at least the limits specified below:
(a) 
Workers' compensation insurance as prescribed by the laws of the state.
(b) 
Employers' liability insurance, with limits of not less than $1,000,000 per occurrence.
(c) 
Comprehensive general liability insurance, with limits of not less than $1,000,000 for property damages; $1,000,000 for bodily injury or death of any one person; and $2,000,000 coverage per occurrence.
(2) 
The licensee shall include the Village, its officers, employees, and agents as additional named insureds on any of the foregoing policies.
C. 
Assignment. No license issued pursuant to this article shall be assignable or transferable by the licensee or by operation of law or otherwise; nor may the licensee sublet or contract out any part of the work to be performed by the terminal operator.
[1]
Editor's Note: See 230 ILCS 40/1 et seq.
Any licensee violating this article shall be subject to a mandatory fine of $1,000 plus court and attorney costs for each separate violation. Every day a violation continues in effect will be considered a separate and distinct violation subject to imposition of a mandatory fine of $1,000 per day for each day the violation continues. Any establishment that, upon audit by the Village of Homer Glen as outlined herein, finds the establishment to meet the definition of "video gaming cafe," that establishment shall be placed on a six-month probationary period to allow the establishment to conform to the requirements stated herein. If after the six-month probationary period, the establishment continues to meet the definition of "video gaming cafe," the establishment shall be found in violation of the Village Code and shall lose its liquor license and video gaming license.
A. 
The annual license fee, per video gaming terminal or device, is $500.
B. 
The annual license fee, per video gaming terminal operator, is $1,000.
Proceedings to enforce violations of this article may be initiated and conducted in accordance with and pursuant to the administrative adjudication provisions of Chapter 1, Article III, Penalties and Enforcement, of the Village Code or by any other means provided by law.
A. 
If, after a hearing or proceeding conducted pursuant to § 83-56.1, it is determined a violation of this article occurred, the President and Board of Trustees may, in addition to any fine imposed, suspend or revoke any video gaming license issued pursuant to this article.
B. 
In addition to the penalties provided in § 83-55 and Subsection A of this section, the Village President, acting in his or her capacity as Local Liquor Commissioner, may also initiate an appropriate proceeding pursuant to the applicable provisions of Article VII, Liquor, of this chapter to revoke or suspend the liquor license of a licensee or cause a fine to be imposed and paid by the liquor licensee as provided for in Article VII.