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Home My WebLink About3.3 An Ordinance amending Chapter 13 - Black Cow Kitchen & Bar d/b/a Draft PicksBoardDocs® Pro Agenda Item Details Meeting Page 1 of 2 Subject 3.3 1st reading of an ORDINANCE AMENDINGCHAPTER 1 (ALCOHOLIC LIQUORS) OF THE VILLAGE CODE OF MOUNT PROSPECT. {This Ordinance will increase the number of Class F --V license by one (1) Black Cow Kitchen & Bar Inc. d/b/a Draft Picks and decrease the number of Class F-3 Liquor Licenses by one (1) Black Cow Kitchen & Bar Inc. d/b/a Draft Picks located at 912 S. Busse Road} Access Public Type Action ImpactFiscal DollarAmount 5f000.00 Public Content CommunityOn January 29, 2019, the Illinois Gaming Board approved Black Cow Kitchen & Bar Inc. d/b/a/ Draft Picks for a video gaming license for one year, expiring January 2020. Staff from the Village Manager"s Office and Development have made site visits to the business to meet with the owner and the proposed video gaming terminal operator/consultant • review the locationplan of proposed !. [ area. The attached submittal has been reviewed and approved by the Village Manager Office. The proposed floor plan includes five gamin terminals and one payment/disbursement/atm type machine. To help restrict the gaming area to persons 21 years of age or older, the pla indicates a permanent wall (48"' high partition) with additional solid screening material (at least 12"') for a total of 60"' tall screening. Th proposed g helps obstruct the view of the gaming area while still allowing for monitoring by the employees. The opening gaming area will be visible to an employee at all times. No lighting or sounds from the gaming terminals shall be visible or audible outsid the segregated area. Installation shall include new electric circuits, which will supply electricity to the video gaming area, and walls fo screening. Any clear windows or glass that allow the video gaming terminals to be visible shall be obscured by dark window tinting or vin covering to comply with section 13.204.1(e) of the Village Code. Any added window signage on window coverings shall comply with sectio 13.204.1(g) of the Village Code. The proposed design meets accessibility requirements. It is the responsibility of the owner and terminr- operator to maintain accessibility and comply with Mount Prospect codes at all times. A final inspection will be performed for any permitted work only after the installation of the video gaming devices but prior to their use. It is the responsibility of the video gaming applicant and the gaming consultant to ensure that a final inspection is scheduled with the Village. All video monitoring equipment that complies with section Chapter 14 Video Gaming code shall be installed and functioning at the time of the final inspection. • • • of t' • gaming devices by ' of • does •t constitute approvalby •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. Staff 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 five State approved video gaming terminals and the change of liquor license classification from Class F-3 to Class F --V. https://www.boarddocs.com/il/vomp/Board.nsf/Public 2/5/2019 BoardDocs® Pro �� i �� w �� KDraft Picks li ati r i�i i 1.801.81.00 PERIA"I" Administrative Content Executive Content Page 2 of 2 https://www.boarddocs.com/il/vomp/Board.nsf/Public 2/5/2019 VILLAGE OF MOUNT PROSPECT VIDEO GAMING ENDORSEMENT APPLICATION INSTRUCTIONS A current, valid Business License is required. Business license number: 11.ED0061 V d A current Liquor License is required. Liquor License number: I't Q 01 [_L 12--- -3Z6C� A L_ Copy of signed agreement with Licensed Terminal Operator, 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 garning 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 require a building permit and additional insoectlions. ❑ IA 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 as ❑' prescribed by Appendix A of the Village of Mount Prospect Municipal Code. The annual fee will coincide with the renewal of li uor license each ear. Terminal numbers must be included in this application. A final building permit inspection is required by the Village for any permitted work. In addition, before any ❑ 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. Name: Business Name: OL Business Address: Q2cation of video gaming) Business Phone: '-„7 Corporation Name: /3!/.l -f -is 4/3"1 E -Mail: zv_z Business Web site: Business Name: Y V Sales Representative: Phone: `5u1 N 0 0411 Business Address: 2A y 17, S- 13rl �, N 0 b h dr. qi City,State, Zir(fL10A"Y1 VAA77 V, U"0006 Business Phone: 5 �Q?j n ��' E -Mail l Business Web Site: Ill. VIDEO GAMING ADDITIONAL Number of gaming terminals to be operated: Serial number for machines: 1. 2, 4, 5, APPLICATION DATE V f,4?,/ 3 4 w/ 7 3. Cell Phone 13 / a S/9 -S/67 RZ/FMIlm Does applicant business have or will have a security alarm? - Yes • No Note a buildinn permit is required to install a securitv alarm Name of alarm com an Does applicant business maintain a surveillance camera on video gaming machines: Yes • No Note surveillance camera should be ,bi�rlt resolution and must maintain 30 days of video retention 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 de/biel, herein and that the statements contained in this application are true and correct to the best of our knowledge an Anintentional misre resentation submitted rma be cause of denial of th , nBe A r� '4V0dT 3 to Bef m his aay Of Notary Pu Official Seal Kayla Bollman Notary 'Public State of Illinois My Commission Expires 0faf 2022 (Notary Seal) ILLINOIS GAMING BOARD JB Pritzker • Governor Don Tracy • Chairman Agostino Lorenzini -Acting Administrator 160 North LaSalle # Suite 300 4 Chicago, Illinois 60601 V tel 312/814-4700 ♦ fax 312/814-4602 January 31, 2019 Black Cow Kitchen & Bar, Inc. - 180703302 d/b/a Draft Picks 912 S. Busse Rd. Mount Prospect, IL 60056 Via email: draftpicksl@gmail.com Re: Video Gaming INVOICE - Establishment Initial License Fee On January 30, 2019, the Illinois Gaming Board adopted a motion to grant Black Cow Kitchen & Bar, Inc., d/b/a Draft Picks, a Video Gaming Establishment License effective for a period of one (1) year expiring in January 2020, pending receipt of your license fee payment. Pursuant to Section 45 of the Video Gaming Act, the $100.00 license fee is due by February 28, 2019. The fee may be paid by personal check, business check, cashier's check or money order payable to the "Illinois Gaming Board." Do not send cash. Please write your Illinois Gaming Board license number 180703302 on your payment or include a copy of this email with your remittance. The fee must be received by February 28, 2019 at the following address: Illinois Gaming Board Attention: Revenue Accounting 801 South Seventh Street, Suite 400 South Springfield, Illinois 62703 Credit card payments may be made ouiiti,e. Do not send credit card information through the mail. Your license certificate will be sent to the email address referenced above after your fee has been processed. 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. If you have any questions regarding this notice, please contact the Illinois Gaming Board's Revenue Accounting Unit at ll1-r,1;G6&jgbyili ons. v or (217) 524-0226. Sincerely, Agostino Lorenzini Acting Administrator EXCLUSIVE LOCATION AND VIDEO GAMING TERMINAL AGREEMENT This Exclusive Location , And Video Garning Terminal Agreement (the or this "Agreement") entered into this day Of J11? 2018, by and between Veterans GT LIX an Illinois Terminal Operator("Company" yr "Terminal Operator"), and an Illinois and licensed by the Illinois Liquor Control Board under the name A&V.— Establishment"). &IJQ4 Licensed RECITALS Terminal Operator is or shall become a licensed Illinois Terminal Operator under the Illinois Video Gaming Act (the "Act"). Licensed Establishment is or shall become a licenjs lllinyi,3 License Establishment under the Act. Its registered address is: q11,7 AGREEMENT Tenninal Operator and Licensed Establishment agree that: (i) Terminal Operator will be the sole and exclusive Party to provide video gaming terminals, software and related software and hardware ("Gaming Property") in the Licensed Establishment; (ii) Terminal Operator will perform the accounting and reporting functions as required by the Act and Illinois Gaming Board Rules; and (iii) Terminal Operator, where it so elects, may have the exclusive right to place non - gaming but related devices, i.e., cash machines and other equipment ("Related Property") in the Licensed Establishment. Licensed Establishment shall have no ownership rights in either Gaming Property or Related Property. Terminal Operator reserves the right to remove or modify the number of video gaming terminals based on revenue performance, but shall provide at least two VGTs. Licensed Establishment will allow terminals to be placed in its location in a prominent location consistent with Illinois Gaming Board Rules and Regulations and will take all reasonable measures to provide for the terminals" proper use and safety. Terminal Operator is 'lot responsible 'for, (I) any wear and tear of premises caused by video games; or (ii) liability caused after the proper installation or during the operation of video games on premises, Licensed Establishment shall hold harmless and indemnify Terminal Operator for any and all liability seen and unforeseen following such installation and during the operation of the Gaming Property and Related Property. PURSUANT TO SECTION 25(c) OF THE ACT, Terminal Operator and Licensed Establishment shall split after tax profits 50% - 50% (the "Split"). PURSUANT TO SECTION 60(a) OF THE ACT, a tax must be paid to the State of Illinois prior to the Split. The current tax set by law is 30%. This Agreement shall have an initial term of eight (8) years starting the date that the first vgt is turned on at the Location. Pursuant to IGB Rule 320 this agreement shall not automatically renew. The Parties shall meet and enter a new Agreement at least one hundred twenty (120) days prior to the expiration of this Agreement. At the conclusion of the term, Licensed Establishment shall provide reasonable access to its establishment for Terminal Operator to remove the Gaming Property and Related Property. This Agreement may be filed with the Recorder of Deeds and/or pursuant to the Illinois Uniform Commercial Code. This Agreement is the sole and entire Agreement between the parties hereto. This Agreement shall be binding upon and inure to the benefit of the representative legal representatives, successors and assigns of the parties hereto. This Agreement shall NOT terminate in the event of a sale of location, and a successor of the location shall be obligated hereunder during the remaining term of this Agreement, subject to the consent of the Terminal Operator to continue this Agreement, which shall not be unreasonably withheld. INDEMNIFICATION The Parties agree that they indemnify, and hold harmless The Illinois Gaming .Board, The State of Illinois and the local Municipality against and from any and all liability, claim of liability, or expense, including attorneys fees expended in defense thereof, arising out of an opt out from video gaming. NO INDUCEMENT -THE PARTIES EXPRESSLY ACKNOWLEDGE THAT NOTHING OF VALUE WAS OFFERED OR RECEIVED IN EXCHANGE FOR THE EXECUTION OF THIS AGREEMENT. THF" PARTIES ACKNOWLEDGE THAT PURSUANT TO SECTION 25(c) OF THE ACT IT IS A VIOLATION OF THE VIDEO GAMING ACT TO OFFER. ANYTHING AS AN INDUCEMENT FOR THE PROCUREMENT OF A LOCATION. THIS AGREEMENT IS SUBJECT TO REVIEW AND APPROVAL BY THE ILLINOIS GAMING BOARD. THE PARTIES AGREE TO MODIFY ANY PROVISION AS DIRECTED BY THE ILLINOIS GAMING BOARD, INCLUDING RESIGNING A NEW CONTRACT TO COMPORT WITH ANY BOARD RULES AND REGULATIONS. THE DATE OF INSTALLATION WILL BE BASED ON THE BEST REASONABLE EFFORTS OF OPERATOR. IN THE EVENT THE OPERATOR FAILS TO OBTAIN A TIMELY LICENSE COMPARABLE TO OTHER OPERATORS, THIS CONTRACT IS NULL AND VOID. IGB REQUIRED DISCLOSURE : The licensed establishment is hereby released from all obligations under this agreement in the event the terminal operator has its license revoked or surrenders its license. IN WITNESS WHEREOF, the parties state that they are duly authorized and empowered to execute this Agreement on the day and year first above written. "T1f RM `,A OP " 01RV` ��11 ICENS� ' STAB By: B Pr�i�n �d Name: � % P O �,cr Its:�r TERMINAL, 1 A CPEAAiICBN CS BY THE ILLINOIS OAMINO BOAR Section 1800.320 Minimum Standards for Use Agreements a) In addition to the requirements set forth in the Act, a Use Agreement must satisfy the following: 1) Only be between: A) a licensed terminal operator that, beginning July 15, 2014, is licensed by the Board at the time the Use Agreement is signed; and B) a licensed establishment, licensed truck stop establishment, licensed veterans establishment or licensed fraternal establishment; 2) Contain an affirmative statement that no inducement was offered or accepted regarding the placement or operation of video gaming, terminals in a licensed establishment, licensed truck stop establishment, licensed veterans establishment or licensed fraternal establishment; 3) Contain an indemnity and hold harmless provision on behalf of the State, the Board and its agents relative to any cause of action arising from a use agreement; 4) Prohibit any assignment other than from a licensed terminal operator to another licensed terminal operator; 5) Contain a provision that releases the video gaming location from any continuing contractual obligation to the terminal operator in the event that the terminal operator has its license revoked or denied, has its renewal denied, or surrenders its license; 6) State which sales agent, broker or other person, if any, procured the Use Agreement on behalf of the terminal operator; 7) Not provide for automatic renewal in the absence of cancellation; 8) Not be for a length of time exceeding eight years. I nanK YOU Tor Your vayment - minois: Illinois Vaming boara 1/31/2019 11:23 AM Central Standard Time e� "�1�9141 � Cusco dEAspnro ondos Effective Date 1/31/2019 Approved 20002706 VG Establishment License Fees Subtotal: Transaction Fee: Total Charged to: MasterCard 527822 ***** 5859 expires 11/19 Total Amount Paid: Collection Mode: Web Payment Details VG Establishment License Fees VG Establishment License Number: 180703302 - License Name: VG Establishment License Fees - Spiro Kondos - $100.00 A Transaction Fee has been included in the total amount paid for this transaction, $100,00 $100.00 $2.25 $102.25 $102.25 lj o�R'vp/ ��yIno')kC l�rltlill' v,0 in 'V I'dG 2(30027, +.tMkdak!,ritr, 0 n,':yn 1'?, ➢1.' 3 ANA i`°,xge I ofi 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) BLACK COW KITCHEN & BAR INC. D/B/A DRAFT PICKS and deleting the number of "F-3" licenses by One (1) BLACK COW KITCHEN & BAR INC. D/B/A DRAFT PICKS located at 912 S. BUSSE 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 -Five (25) Class F-3 License Two (3) 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; 25 Brick City Tavern; Brick City; Buffalo Wild Wings Grill and Bar; Canta Napoli; 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 Draft Picks; Pap's Ultimate Bar & Grill; Sam's Place 3 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 N i w m O Inlllll � � s WWI g PARTIAL TENANT FIRST FLOOR PLANS TENANT IMPRMMENT TO a� �o t El z o g Mn n mi URom2mm � m � x m � mem M =a< u< mm Gaza ,ip HIET ._...�5 ��aso� a $elm a �£ co $ 4 PARTIAL TENANT FIRST FLOOR PLANS TENANT IMPRMMENT TO a� £ 15coesMecKal,Architect J.5 t MerKay hh„tect 3l0 slue fyr�se Lare DRAFT PCK5 5POT5 DAR 9p 5.81155E FT). �F — 3 ® O z � cr 7K MOIWT PR05PECf IL '+ 0m Res' Iel,Ccmmxcle� rtlusYel, fRuesl(en kMltttWre i 1815245A301 m m InkAors, UiM1wl hb�kliM„Rmauable rewuRes aM Altanative 6er�y k+luticns emaildrw,rcatd�sY61e9ma,lccm I I z I � I w a e IN T> 3 s� Q� q §� a A N $ 4 PARTIAL TENANT FIRST FLOOR PLANS TENANT IMPRMMENT TO a� £ 15coesMecKal,Architect J.5 t MerKay hh„tect 3l0 slue fyr�se Lare DRAFT PCK5 5POT5 DAR 9p 5.81155E FT). f ' ® GI d Ie NelJ.,, IL ob, MOIWT PR05PECf IL '+ Res' Iel,Ccmmxcle� rtlusYel, fRuesl(en kMltttWre i 1815245A301 InkAors, UiM1wl hb�kliM„Rmauable rewuRes aM Altanative 6er�y k+luticns emaildrw,rcatd�sY61e9ma,lccm