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HomeMy WebLinkAbout3.2 Ordinance Amending Chapter 13 - Sam's PlaceBoardDocs® Pro Agenda Item Details Meeting Page 1 of 2 Subject 3.2 1st readingof ORDINANCE AMENDING CH.. (ALCOHOLICO. VILLAGE CODE OF MOUNT PROSPECT. �This Ordinance will increase the number of Class F -3-V license by one (1) Pete & Angelo Inc. d/b/a Sam's Place and decrease the number of Class F-3 Liquor Licenses by one (1) Pete &Angelo Inc. d/b/a Sam 's Place located at 15 W. Prospect Ave.1 Access Public Type Action ImpactFiscal DollarAmount 2f000.00 Public Content gamingOn December 12, 2019, the Illinois Gaming Board approved Pete & Angelo Inc. d/b/a/ Sam's Place for a video gaming license for one year, expiring December 2019. Staff from the Village Manager's Office and Community Development have made site visits to the business tl#,, meet with the owner and the proposed video gaming terminal operator/consultant to review the location and site plan of the proposed area. The proposed floor plan includes two gaming terminals and one payment/disbursement/atm type machine. To help restrict the gaming are to persons 21 yearsof I' or older, plan indicates'! '• ' _ ' proposed ! area. This permanent wall will be • 0 high partition to obstruct the view of the gaming area while still allowing for monitoring by employees. The opening of the gaming area wi be visible to an employee at all times. No lighting or • from be visible or t • outside the segregate! allowarea. The work shall include new electric circuits, which will supply electricity to the video gaming terminals. Any clear windows or glas that ! • gaming terminals to be visible shallbe obscured • dark windowor • # to comply with sectio Code.13.204.1(e) of the Village Code. Any added window signage on window coverings shall comply with section 13.204.1(g) of the Villag proposed !' •requirements.•• • of owner and terminal operator to maintai accessibility•mply with Mount Prospect c•!' all times. A final inspection will • _ performed for any permitted work only after the installation of the video gaming terminalsbut o their use. I is the responsibility of the video gaming applicant and the gaming consultant to ensure that a final inspection is scheduled with the Villag All video monitoring equipment that complies with section Chapter 14 Video Gaming code shall be installed and functioning at the time the final inspection. Approvalof gaming devices by of •is does not• • • by •authority, Prospect, •' •n is approved and a license is paid to date locally. Alternatives 1. Approve ordinance decreasing the number of Class "F-" liquor licenses by one (1) and increasing the number of Class "F --V" license by one (1). 2. Action at discretion of Village Board. classificationStaff Recommendation Both the business owner and proposed video gaming consultant have been cooperative and intend to comply with all Mount Prospect ordinances and codes. Staff recommends placement of two State approved video gaming terminals and the change of liquor license from to Class F -3-V. https://www.boarddocs.com/il/vomp/Board.nsf/Public 2/1/2019 BoardDocs® Pro i is i� �. i� KB) S is ' Video s i� i� u� Administrative Content Executive Content Page 2 of 2 https://www.boarddocs.com/il/vomp/Board.nsf/Public 2/l/2019 VILLAGE OF MOUNT PROSPECT VIDEO GAMING ENDORSEMENT APPLICATION INSTRUCTIONS processed,. -supplemental information indicated below Off ice. A current, valid Business License is required. Business license number: 13, L I" 000 3W A current Liquor License is required. Liquor License number: ,1LPO3� Copy of signed agreement with Licensed Terminal Operator, ._._.-... .......w _ _ ...... ...... .._._. �.. A copy of State Gaming license including all documentation issued by the State of Illinois and the Illinois Gaming Board evidencing the valid and current licensure of all video gaming terminals must be attached. " Video Gaming should be located in a segregated area that is restricted to persons 21 years of age or older. To the extent possible, no lighting or sound from the gaming machines shall be visible or audible outside the segregated area. Please note that any alterations to the building will re wire a bulldipg permit and additional iris ectiorMs. A three hundred dollar ($300.00) non-refundable application fee. .............. ..... .............. A one thousand dollar ($1000.00) non-refundable annual permit fee for each Video Gaming Terminal a.s [�I prescribed by Appendix A of the Village of Mount Prospect Municipal Code. The annual fee will coincide with the renewal of liquor license each yeas'. Terminal numbers must be included in this appl�catNpr7, A final building permit inspection is required by the Village for any permitted work. In addition, before any El video gaming device is approved for operation to the public, a final inspection of the installed device(s) by the Village Manager's office is required to approve the gaming license. .-.....-._......... .._. Please note all applications must have Village Board approval. The Village Board meets the first and third Tuesday of each month. ANSWERS MUST BE ACCURATE AND COMPLETE. FURNISHING INCORRECT OR MISLEADING INFORMATION SHALL BE CAUSE FOR LICENSE REVOCATION. IT IS YOUR SOLE RESPONSIBILITY TO ASCERTAIN THE VERACITY OF YOUR RESPONSE. A CLAIM THAT ANSWERS WERE GIVEN TO THE BEST OF THE ANSWERER'S KNOWLEDGE WILL NOT BE CONSIDERED A DEFENSE TO REVOCATION. APPLICATIO 1. APPLICANT kZko,_ MAP Business Address: Business Phone: Business Web site: 11. VIDEO GAMING TERMINAL OPERATOR INFORMATION Sales ReDre%tative. Phone: Business Web Site: Ill. VIDEO GAMING ADDITIONAL INFORMATION NumSer R gaming terminals to Be operated: Serial number for machines: Does applicant business have or will have a security alarm? Des N o Name of alarm COMDanv: Does applicant business maintain a surveillance camera on video gaming machines: DYes - No Note surveillance camera should be high resolution and must maintain 30 days of video retention AFFIDAVIT State of Illinois) County of Cook) SS The undersigned swear (or affirm) that the person or business entity, including its owners, officers and directors in whose name this application is being made will not violate any of the ordinances of the Village of Mount Prospect or Laws of the State of Illinois or of the United States of America in the conduct of the place of business described herein and that the statements contained in this application are true and correct to the best of our knowledge and belief. fAny intentional misrepresentation submitted may be cause of denial of the license) SUBSCRIBED and sworn to Before me this,2(f jjrj, day MICK 14" NotM ~ ILLINOIS GAMING BOARD Bruce Rauner • Governor Don Tracy • Chairman Agostino Lorenzini • Acting Administrator if 160 North LaSalle 4! Suite 300 4 Chicago, Illinois 60601 1► tel 312/814-4700 ♦ fax 312/814-4602 December 19, 2018 PETE & ANGELO, INC. - 180703186 d/b/a SAM'S PLACE 15 W. Prospect Ave. Mount Prospect, IL 60056 Via email: antmaris80@yahoo.com Re: Video Gaming Establishment Initial License Certificate On December 12, 2018, the Illinois Gaming Board adopted a motion to grant PETE & ANGELO, INC., d/b/a SAM'S PLACE, a Video Gaming Establishment License effective for a period of one (1) year expiring in December 2019. We have received your $100.00 annual license fee. Your license certificate is enclosed. Although you have been granted this license, you are not eligible to conduct video gaming until you complete the following (some of which may already have been completed by your location): • You must have entered into a written use agreement, which complies with Section 320 of the Board's Video Gaming Rules, with a Licensed Terminal Operator; and • The placement of Video Gaming Terminals in your location must adhere to Section 58 of the Video Gaming Act and Sections 270 and 810 of the Board's Video Gaming Rules. Please note, you are required to display your license certificate at your establishment. As a licensee, you have a continuing duty to promptly disclose all changes in information provided in your application, including any ownership changes; Video Gaming Manager changes; and arrests or criminal charges, regardless of the outcome. Sincerely, 110 Agostino Lorenzini Acting Administrator 0 Im L] PETE & ANGELO, INC. - 180703186 a SAMS PLACE 15 W. Prospect Ave. Mount spect, IL 60056 License No: 180703186 Date Issued: 12/12/2018 Expiration Date: 12/2019 This certifies that the entity listed above is hereby issued a Video Gaming Establishment License as authorized by Illinois Gaming Board Adopted Rules. All Video Gaming Establishment licensees are subject to, and must abide by, all provisions of the Video Gaming Act and Illinois Gaming Board Rules, including but not limited to 11 Illinois Administrative Code Sections 1800.250(e) and 1800.420(b). Agostino Lorenzini Acting Administrator EXCLUSIVE LOCATION AND VIDEO GAMING TERMINAL AGREEMENT ibis Exclusive Location And Video Galuing 1 erminal Agreement (tturcs or flus "Agroemaot" entered into this !R4y@ay of_ 2C1,)„„„, lay stud kaetavuten GC?l7 R11SII Alvll.l�E%fEN�I S IlwlC., an Illinois corporation ("Gold Rtrsh'), and .O (" I stabiisbment "). Gold Rush is an Illinois licensed tcrnuna,l o eratot under the unous idea Gammg Act the `Act” . Gold Ruslrs matlilm a drams is 5277 Trillium Blvd.; HoBman Estates, IL 60192. Establishment holds Liquor License Number y„LL) �y„ �° IT �, „m ,,, and is or shall use all p cc Act. Establishment's address is: oonmmcr allyscango efforts toIueomo an I]Iituossl i Iastalw'Li, mor r ticleJ�the (the "Premises"). Gold Rush and Establishment agree that during and throughout the term of this Agreement Gold Rush shall have the sole and exclusive right to provide Video Gaming Terminals, Payout Devices, and all ancillary equipment (collectively, the "Gamine Property') to the Establishment and the Premises. Establishment will allow Gold Rush and its agents to access the Premises to install, service, maintain," replace and remove the Gaming Property. Establishment will allow Gold Rush to place the Gaming Property in a prominent location consistent with the Act, the rules and regulations adopted thereunder, and any written policy issued by the Illinois Gaming Board ("IGB"), as may be amended or adopted from time to time (collectively, the "Video Gaming Laws"). Establishment shall have no ownership right in the Gaming Property and Gold Rush shall have the unilateral right to remove or modify the number of Video Gaming Terminals. Establishment agrees that it will not, and will not permit any third party to (i) alter, repair, modify, tamper with or attempt to alter, repair or modify, tamper with any Gaming Property; (ii) interfere with the operation of the Gaming Property; (iii) move or change the location of the Gaming Property; and (iv) take all reasonable measures to provide for the proper use and safety of the Gaming Property. Damage to the Gaming Property caused in whole or in part by Establishment or any employee, invitee, customer or patron of Establishment shall be the sole responsibility of Establishment. Establishment shall be solely responsible for. (i) all damages to the Gaming Property caused by any attempted or completed burglary or robbery of the Establishment, and (ii) all lost or stolen money from the Gaming Property, unless such damages and/or lost or stolen money are covered by insurance. Gold Rush is not responsible for. (i) any wear and tear to the Premises caused by the Gaming Property; or (u) liability caused after the installation or during the operation of Gaming Property on the Premises. Gold Rush shall keep the Gaming Property in good working order in accordance with the generally accepted standards of the State of Illinois' video ganging industry. This Agreement is effective upon signing and shall have an initial term ending eight (8) years (the "Term') from the date the Gaming Property is installed and becomes operational for public use (the "Live Date') in the Establishment Establishment hereby acknowledges and agrees that it is prohibited from negotiating or entering into an agreement with respect to the placement of Video Gaming Terminals on the Premises with any other party prior to the expiration of the Term CNet Tetmmurral income shall be split between Gold Rush and Fstabiishmeat in accordance with the Video Gaming, Laws .. ll, lwo-tkra t-Satz-�`gam . v � �d�lm nre rid• �t�lsm . " "�rt� 'firs^ L t9�t adrkM �tlalhcalmtentt°mrlcr�ihi��crrtttent' � atc�ts~tlt�'ltlt wy; umtctplditAg'bnt'rro d- �klistettww Itet�uttder��estsa1au°IGD"�itrdo�rtrxata stet. This Agreement or summary of this Agwement may be filed or recorded by Gold Rush with any official office desigaated by the State of Mois or its agents. This Agreement constitutes the entire agreement of the parties, supersedes any prior understandings, whether oral or written, relating to the subject matter hereof and may only be amended, modified or supplemented by a writing signed by all of the parties hereto. Capitalized terms used, but not otherwise defterd„ in this Agreement shall have the same means ascribed to them in the Video Gaming laws. Establishment represents and warrants to Gold Rush that Establishment has not executed, entered into or agreed to execute or enter into any other agreement, written or oral, with respect to the placement of Video Earning Terminals in or at the Establishment or Premises. Establishment hereby indemuifNcs and holds harmless Gold Rush and each of its successors, assigns for any loss, cost or expenses (including but not limited to reasonable attorney's fees) suffered or incurred by such indemnitcos on account of a breach of the foregoing representations and warranties. This Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, successors and assigns. This Agreement shall not terminate in the event of a sale of the Establishment and/or the Premises, and a successor of the Establishment and/or the Premises shall be obligated hereunder during the remaining term and any renewal term of this Agreement The unenforceability or invalidity of any provision or provisions of this Agreement shall not render any other provision or provisions contained in this Agreement imenforceable or invalid. Gold Rush may not assign and/or transfer this Agreement and its rights and/or obligations hereunder except: (i) to another licensed terminal operator, or (ii) as may otherwise be permitted by the Video Gaming Laws. Establishment will be released from any continuing contractual obligation to Gold Rush in the event that Gold Rush has its license revoked (pursuant to a final order of the IGB and the Video Gaming Laws) or surrenders its license. All notices required or desired to be given under this Agreement shall be in writing and either delivered by: (i) via certified mail return receipt requested; or (ii) messenger or overnight courier service, to be addressed to the address of the party as stated above or to such other address as either party may from time to time designate by written notice to the other party. The parties hereto hereby severally indemnify and hold harmless the State of Illinois, the IGB and their respective agents for any cause of action, loss, cost or expense (including attorneys fees) suffered or incurred by such indemnitees on account of or arising under this Agreement. The parties expressly acknowledge that no inducement was offered or accepted in exchange for the execution of this Agreement or the placement or operation of the Gaming Property in the Establishment or Premises. This Agreement is subject to the review and approval by the IGB. The parties agree to modify and amend this Agreement to comply with thedquirements of the IGB or v'illa'v change in the Video Gaming Laws. IN WITNESS WHEREOF, the parties state that they are duly autl "5 �, and empowered to execu'hth' Agreement on the day and year first written above. Printed ]gaPrinted Title 4,%'2 r f FC LA "Title. New Location - Updated 2.19.2018 - HE -5 N. m I S PLACE 15 W TgosPE:c--r twe KT IP� 0SPac-f I I L Apo ti -DINING N er � Z The sleek, trim, and modern Pro Series V22/22 Upright platform is designed for today and ready for tomorrow. 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A!1 Inderrau::: me mvminndjor ivg41crcd by IGT ond;nr ib ranwr in IIIc U5, znrllr. r ulhcr'V lI'lu, (aG20U-ILL•HRRC-01-02.10 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That in accordance with Subsection A of Section 13.108 of Chapter 13 of the Village Code of Mount Prospect, as amended, the Corporate Authorities shall determine the number of Liquor Licenses available in each Classification and shall establish a list specifying the number of Liquor Licenses authorized. Said list is hereby amended increasing the number of Class "F -3-V" Liquor Licenses by One (1) PETE & ANGELO INC. D/B/A SAM'S PLACE and deleting the number of "F-3" licenses by One (1) PETE & ANGELO INC. D/B/A SAM'S PLACE located at 15 W. PROSPECT AVE. Said list is as follows: Five (5) Class P-1 License Ten (10) Class P-2 License One (1) Class P-3 License Zero (0) Class P-4 License Zero (0) Class P-5 License Thirteen (13) Class F-1 License Eight (8) Class F-2 License Twenty -Six (26) Class F-3 License Two (2) Class F -3-V License One (1) Class F-4 License Three (3) Class F-5 License Two (2) Class F-6 License One (1) Class F-7 License One (1) Class F-8 License One (1) Class S-1 License One (1) Class S-2 License Zero (0) Class S-31-icense Zero (0) Class S-41-icense One (1) Class S-5 License Five (5) Class S-6 License Zero (0) Class S-7 License One (1) Class S-8 License Zero (0) Class S-9(with conditions as Attached to License) SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 12019. Mayor ATTEST: Village Clerk Class Establishment Number P1 Balzano Liquor; D&H Liquors; Jay Liquors; Mt. Prospect Liquors; Cardinal 5 Wine & Spirits; P2 Costco; Fiesta Market; Fresh Thyme Farmers Market, KD Market; Osco Drug 10 Store; CVS Pharmacy; Walgreens #00209 (Kensington); Walgreens #05107(Elmhurst) Wal-Mart #1681; World Market P3 Aldi; 1 P-4 0 P5 0 F-1 Bricks Wood Fired Cafe; Chipotle Mexican Grill; Chungkiwa Restaurant; Izakaya 13 Sankyu; La Presa; LePeep Cafe; Los Arcos; MI Restaurant; Mina Mediterranean; Mr. Kimchi Korean BBQ; New Pusan Restaurant; Qulinarnia Fit & Healthy; Salerno's Pizzeria and Eatery F-2 Avanti Cafe and Sandwich Bar; Frankie's Fast Food; Greek Feast; Jeffy Cafe; 8 Misoya Chicago; MOD Pizza; Mr. Beef & Pizza; Tortas Locas F-3 Balkan Taste; Bar Louie; Black Finn American Grille; BlackFinn —Randhurst Grille; 26 Brick City Tavern; Brick City; Buffalo Wild Wings Grill and Bar; Canta Napoli; Draft Picks; E&O Food & Drink; Emerson's Ale House; Fellini Restaurant and Pizzeria; Hacienda EI Sombrero; Jameson's Charhouse; Kampai Japanese Steak House; Langostino's; Mia's Cantina; Mrs. P & Me; Moretti's Ristorante; Nina Restaurant; Outback Steakhouse; Salsa Street; Smokey Bones Bar & Fire Grill; Summertime; Tavern on 83; Trezero's F -3-V Pap's Ultimate Bar & Grill; Sam's Place 2 F-4 Prospect Moose Lodge 1 F-5 Bristol Palace; Emerald Banquets; Victoria in the Park 3 F-6 Mt. Prospect Park District -Golf Course; Prospect Heights Park District 2 F-7 Dave's Specialty Foods 1 F-8 The Red Barn 1 S-1 Hampton Inn & Suites 1 S-2 Brunswick Zone 1 S-3 0 S-4 0 S-5 AMC Randhurst 12 1 S-6 Amethyst Skye; Gathered; Gem Nails and Spa; Lucyna's Goldfingers European 5 Spa; The Collective S-7 0 S-8 Two Eagles Distillery 1 82