[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:
Any licensed retail establishment where alcoholic liquor
is drawn, poured, mixed, or otherwise served for consumption on the
premises, whether the establishment operates on a nonprofit or for-profit
basis. This definition does not include video gaming cafes as defined
herein.
[Added 12-20-2021 by Ord.
No. 21-056]
[Added 12-20-2021 by Ord. No. 21-056]
A facility:
That is at least a three-acre facility with a convenience store;
With separate diesel islands for fueling commercial motor vehicles;
That sells at retail more than 10,000 gallons of diesel or biodiesel
fuel per month; and
With parking spaces for commercial motor vehicles, as the term
"commercial motor vehicles" is defined in Section 18(b)-101 of the
Illinois Vehicle Code.[1]
The requirement of Subsection A(3) of this definition may be met by showing the estimated future sales or past sales average at least 10,000 gallons per month.
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.
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:
Does not meet the definition of "restaurant" as provided herein;
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.
[1]
Editor's Note: See 625 ILCS 5/1-111.8.
[Amended 6-28-2017 by Ord. No. 17-042; 12-20-2021 by Ord. No. 21-056; 1-12-2022 by Ord. No. 22-003]
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. All establishments eligible
for a video gaming license shall meet the definitions of "licensed
establishment," "licensed truck stop establishment," or "restaurant,"
as provided herein, and also 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; 7-10-2019 by Ord. No. 19-029; 12-20-2021 by Ord. No. 21-056]
A.
Video gaming cafes. A video gaming cafe, as defined herein, shall
not be qualified to obtain any existing classification of Homer Glen
liquor licenses 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.
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 or, with respect
to a licensed truck stop, the legal hours of operation allowed for
a licensed truck stop 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.
[Amended 12-20-2021 by Ord. No. 21-056]
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. An applicant may request a review by the Village Board of
Trustees of a denial by the Village Manager to issue a terminal operator
license. After review the Board may affirm or reverse the denial.
[Amended 12-20-2021 by Ord. No. 21-056]
(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.
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.
