[HISTORY: Adopted by the City Council of the City of El Paso as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-18-2019 by Ord. No. 1028]
Editor's Note: This ordinance was adopted as Ch. 112 but was renumbered in order to maintain the alphabetical organization of the Code. Also, former Ch. 112 , Video Gaming, adopted 8-19-2019 by Ord. No. 1022, was repealed 9-16-2019 by Ord. No. 1023.
All words and phrases used in this article and not otherwise defined herein, which are defined in the Video Gaming Act, effective July 13, 2009 (230 ILCS 40/1 et seq.), shall have the meanings accorded to such words and phrases in said Act. Unless the context otherwise requires, the following terms as used in this article shall be construed according to the following definitions:
- LICENSED ESTABLISHMENT
- Any licensed retail establishment where alcoholic liquor is drawn, poured, mixed or otherwise served for consumption on the premises. The term "licensed establishment" includes any licensed fraternal establishment and/or licensed veterans establishment as those terms are defined in the Video Gaming Act, 230 ILCS 40/1 et seq., as amended ("Video Gaming Act").
- VIDEO GAMING
- The ownership, placement, maintenance, operation or use of a video gaming terminal (as defined below) in a licensed establishment (as defined above) within the City.
- 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 Illinois Gaming Board, utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash or tokens or is for amusement purposes only.
[Amended 1-6-2020 by Ord. No. 1030]
Video gaming shall only be permitted within a licensed establishment that is a holder of a Class A, B, C, or E liquor license, who also holds a Class I liquor license. For those licensed establishments who hold a Class E liquor license together with a Class I liquor license, video gaming is permitted only if such establishment is a licensed truck stop establishment or licensed large truck stop establishment as defined in the Illinois Video Gaming Act (230 ILCS 40/1, et seq.) (Gaming Act).
All such video gaming terminals shall at all times be kept, placed, operated, and monitored in accordance with state laws and applicable regulations, as well as all applicable provisions of the City Code, including, but not limited to:
Prohibiting persons under the age of 21 years and persons who are visibly intoxicated from entering or remaining in the gaming area, and posting signage thereof.
Video gaming terminals shall be placed in an area restricted to individuals age 21 or over.
The operation of video gaming 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 terminals shall be automatically suspended from operation (or revoked in the event of a liquor license revocation) without the requirement of any further action by the City.
The video gaming area shall be physically monitored at all times during the legal hours of operation by an employee over 21 years of age.
Video gaming terminals may not be operated on any premises located within 300 feet of a school or a place of worship.
Each licensed establishment shall pay $25 for each video gaming terminal within the licensed establishment with the fee being payable each year together with the required liquor license on May 1 of each year. The $25 video gaming terminal fee shall be paid each time a video gaming terminal is replaced. The fee shall be nonrefundable, and shall not be prorated for a portion of a year. The fee shall be paid prior to the beginning of any operation if a terminal is added or replaced during the year.
The total number of video gaming terminals located within the City limits of the City of El Paso shall not exceed 43. This maximum number may be increased or decreased by the City Council of the City of El Paso from time to time. Among the items to be considered in limiting the number of video gaming terminals shall be the amount of terminals per capita within the City of El Paso compared to other municipalities of similar size in the State of Illinois.
It shall be unlawful for any person to violate any provision of this article. Any person found to be in violation of any provision of this article shall be subject to the penalties contained in Chapter 1, Article IV, of this Code. In addition, any and all licenses issued to the licensee shall be subject to suspension or revocation as provided in the Municipal Code or by law.