The URL can be used to link to this page

Home My WebLink About3.4 Amending Chapter 13 - Emerson's Ale HouseAgenda Item Details Page I of 2 Meeting Mar 19, 2019 - REGULAR MEETING OF THEM UT PROSPECT VILLAGE BOARD - 7:00 p.m. Category 3. MAYOR'S REPORT Subject 3.4 1st reading of an ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VILLAGE CODE OF MOUNT PROOrdinance will increase the number of Class F -3-V license by one (1) GTNL GROUP LLC d/b/a EMERSON'S ALE HOUSE and decrease the number of Class F-3 Liquor Licenses by one (1) GTNL GROUP LLC d/b/a EMERSON'S ALE HOUSE located at 113 S. Emerson Mount Pr•- A- e Access Publi* Type Action Public Content 17GTr#=- Z Wo On March 1. 2019, the Illinois Gaming Board approved GTNL GROUP LLC. d/b/a/ Emerson's Ale House for a video gaming license for one year, expiring March 2020. Staff from the Village Manager's Office and Community Development have made site visits to the business to meet with the owner and the proposed video gaming terminal operator/consultant to review the location and site plan of the proposed gaming a rea. The attached submittal has been reviewed and approved by the Village Manager Office. The proposed floor plan includes five gaming terminals and one payment/disbursement/atm type machine. To help restrict the gaming area to persons 21 years of age or older, the plan indicates a partition wall that segregates the proposed gaming area. This wall will be built offsite and installed permanently at the business. The partition wall will be 60" high with additional screening material mounted on the partition, if necessary, to help obstruct the view of the gaming area while still allowing for monitoring of the area by the employees. The opening of the gaming area will be visible to an employee at all times. No lighting or sounds from the gaming machines shall be visible or audible outside the segregated area. Installation may include new electric circuits which will supply electricity to the video gaming machines. The proposed design meets accessibility and fire code egress requirements. It is the responsibility of the owner and operator to maintain egress, accessibility and Mount Prospect codes/ordinances 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 13.204.1 of the Village code shall be installed and functioning at the time of the final inspection. Approval of the video gaming devices by the State of Illinois does not constitute approval by the local authority, Mount Prospect, until such time a final inspection is approved and a license is paid to date locally. Alternatives 1. Approve ordinance decreasing the number of Class F-3 liquor licenses by one (1) and increasing the number of Class F -3-V license by one (1). Page 2 of 2 411111111M = 111IMMO ISCOM�61 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 -3-V. 4389 001. (002).pdf (2,263 KB) Emers&ns I:- - 3V'. �pdf (21.2 KB) Administrative Content Executive Content Motion &Voting Motion to adopt the ordinance Motion by Paul Hoefert, second by Michael Zadel. Final Resolution: Motion Carries Yea: William Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli, Michael Zadel ILLINOIS GAMING BOARD JB Pritzker • Govarnor Don Tracy • Chairman Agostino Lorenzini -Acting Administrator 160 North LaSalle + Suite 300 4? Chicago, Illinois 60601 V te1312/814-4700 ♦ fax 312/814-4602 March 05, 2019 GTNL GROUP LLC - 180703325 d/b/a EMERSON'S ALE HOUSE 113 S Emerson St Mount Prospect, IL 60056 Via email: george@emersonsalehouse.com Re: Video Gaming Establishment Annual License Certificate On March 01, 2019, the Illinois Gaming Board adopted a motion to grant GTNL GROUP LLC, d/b/a EMERSON'S ALE HOUSE, a Video Gaming Establishment License effective for a period of one (1) year expiring in March 2020. 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 Gaining Manager changes; and arrests or criminal charges, regardless of the outcome. Sincerely, Agostino Lorenzini Acting Administrator Isi License No: 180703325 Date Issued: 03/01/2019 Expiration Date: 03/2020 This certifies that the entity listed above is hereby issued a Video (taming Establishment License as authorized by Illinois Claming Board Adopted Rules. All Video Gaming Establishment licensees are subject to, and must abide by, all provisions of the Video (taming 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 hfaurt VILLAGE OF MOUNT PROSPECT VIDEO GAMING ENDORSEMENT APPLICATION INSTRUCTIONS ❑ I A current, valid Business License is required. Business license number:It, /r — 00 r 7 7.7 A current Liquor License is required. Liquor License number. L_L I Y 0 O 0 (-, )- 2- 1LIJ 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 evidercin the valid and current licensure of all videoan,�n 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 buildln+g will require a building permit and additional inspections. A three hundred dollar ($300.00) non-refundable application fee, ❑ A one thousand dollar ($1000.00) non-refundable annual permit fee f oeach Video Gaming Terminal as prescribed by Appendix A of the Village of Mount Prospect Municipal Code. The annual fee will coincide with the renews of li uor license each ar.v. Terminal numbers must be included in this a lication. _ 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.. 9r ^Y4"Cr' , ylyd �,a14�rVti�"d'i 1Y''�rvd M bra y�He't,a "rr��r/dr��>2,o W� rd's+" ° d , ��„!I ” 'xd d., -Yp« d„F ' n " r ��"i fl"9 �Ji k �i�ivmr�"Jar n'• a��/, e * ra>.rmWwm ,� rdPi ;,W i. %,,:'N''r'� %r� � C ? w '' p d J, i 'I r' <� x%k "'Z r r�A �G" % ✓{ "" `" i r '� NSWERS MUS' " B AC�OURATE ANDCOM LETS F NRNISHING INC RREC OR MISwL EAB�I�IG �A.L � A�S�: 0, �, INFORMATION'Sr VC:Ei aE RE�OC:A�ION.� I�fi N S "M F j9 du,y u n w.d!m OAR ;SOLE RESNSIIIL�T + ASIRAI1 T1E, VERADITY CSF UR REPONSE. ' A CLAIM THATANSEI�a�'��1 ' t I EST CRIH � N � �i E "� d ?1 LEC G� "SILL NOTr �! ',re `fig oyG✓,r�„,Irj r war f rimdr r'd� ,err, aha' ir» hyo ,arwu ;r ��a'nr ti'�"d f✓hr alr t� �:�rerV VY,�"W; aY "�, �m a r r” *aip,,4 IONf�r, .............. ,mi APPLICATION DATE me: � ......... ............ lo Siness Name: tOY6o i � Ne Business Address: location of video aurin %/ a Caw<s0A Business Phone; Y17-9 70 -1W Corporation Name: z,17_1V L CRouP i -L C_ E -Mail. Cv � "6�1e-✓)0o le' ev e, co 1-7 Business Web site: �� C'�rtatifc �� Grv�fc, Co'yl Business Name: W iso •+� 4tb C,17 AnnI #j 6:1 :!5e_v,TT-W WA Sales Representative: Phone: Business Address; / %�%W.+�►N!R ,�i) Cit ,State 2i ria [ i Nr� l�fkna v�, s L Business Phone: yf's -- 2-o E -Mail 54o*i*L Business Web Site: awESowL E--tv,,3-pig;tr}w,t,,-ie,z x ZLYK II Phone I W -60-0-701 T .. aS6 Cell Is V4 -yob 40- 1 "e-otr& .............................. Number of gaming terminals to be operated: Serial number for machines: 1. ;2 qsA 3.? y 2. (3 1.4 10 6 86 3. 237 q7 g3 , d r/' 1 5. i a Does applicant business have or will have a security alarm? ,vote a buttdinc Permit is required to install a securi Name of alarm com an a V1s0 vx Go nirno i S Does applicant business maintain a surveillance camera on video gaming machines: camera should be must maintain 30 days of video No -State of Illinois) County of Cook) SS The undersigned swear (or affirm) that the person or business entity, including Its owners, officers and dirotors In, whose name this application is being made will not violate any of the ordinances of the Village of Mount Prospect or Laves of the State of Illinois or of the United States of America; in the conduct of the place of business described,her in and that the statements contained in this application are true and correct to the beast of our knowledge and belief. An Intentional rrrisre resentatlon sa�brnitted rna be caurse of denial of the license SUBSCRIBED and sworn to Of Before me da s this y Gt Sig Nota ry Pudlic OFFICIAL SEAL DOREEN C JAROaZ NOTARY PUBLIC -STATE OF ILLINOIS (Notary Seal) MY COMMISSION EXPIRES:04113122 VIDEO GAMING TERMINAL USE AGREEMENT JIMS V1 -0 GAMING TERMINAL USE AGREEMENT ("AWt4mc�qf'), entered into on this /19)�Aiay of is inade by, and between Awesom 1-11a Services, LLC (the "Terminal Orierator") and fe (the "Establishment) on the 2 _Woo W'-fA4 IOU premises located at y (the "R;:gELLke, (Street Address) (City) (State) (Zip) IT IS HEREBY AGREED THAT: I , p&jjiqd 1"errrg, Capitalized terms used, but not otherwise defined, in this Agreement shall have the same meanings ascribed to them in the Video Gaming Law, The shall collectively mean the Illinois Video Gaming Act, the rules avid regulations adopted thereunder, and any written policy issued by the Illinois Gaming Board (the "Ic m 1% as ay be ativended or adopted from time to time. j —8 2. jAcensiog. Terminal Operator represents that it is licensed as a "terminal operator" under the Video Gaming [,,aw as of the date of this, Agreement. Establishment (i) represents that it is a "licensed video gaming location" under the Video Gaming Law; or (0) agrees that it will use commercially reasonable toorts to become so lit -eased. Terminal operator and Establishment each agree to maintain its respective IJecase during the Term (as herchaafter defined). The date on which the last of Terminal Operator and Establishment is so licensed is referred, to hereinafter as the 1 3. L ul l calsl, Establishment agrees that during and throughout the'rerm, Terminal Operator shall have the exclusive right to install, service, maintain and replace Video Gaming Terminals and all ancillary equipment at, the Premises. To conduct such activities, Establishment will allow Ternimal Operator and its agents access to the Premises during nonval business flours of Establishment. Establishment, agrees to allow Terminal Operator to place Video Gaming "renninals in a prominent, mutually agreed upon location that complies with the Video Gaming Law. Terminal Operator and Establishment acknowledge, agree and understand that (i) this ctioL 3 is a material terrn of the: Agreement; (ii) the rights of Terminal Operator set forth in this Agreement constitute a protectable interest under the law; and (iii) a breach of this aectLtop I would cause irreparable harm to -reralinal operator for which there is no adequate remedy at law and for which emergency, as well as permanent injunctive relief (without notice or bond), is necessary and appropriate. &c efforts and in compliance with .9jV_qtq, Terminal operator agrees that, using commercially reasonable tile Video Gaming Law, following tile Licensing Date, it shall install, maintain avid service up to the maximum number of Video Gaming Terminals permitted by tile Video Gaining Law, together with the ancillary equipment thereto, On the Premises, Terminal Operator shall have tile right to select, rotate and/or replace the Video Gaming Terminals and Payout Device installed at tile premises" Subject to (lie Video Gaming J,aw, Terminal Operator shall at all times have the unilateral right to determine the number Of Video Gaming Terminals installed at the Premises. For purposes of this Agreement, such Video Gaining Terminals, Payout, Device, central communications system equipment and, link, any sof1ware updates or enhancements, ally ancillary equipment installed by or on behalf of Terminal Operator and all parts inventory related thereto shall be defined as the "jAmigm—en"'. 5, Terni. 'rhis Agreement $flat[ commence on the date hereof and remain in effect for a term oW-Q.'e— years fi)ljowing the date tile first Video GaIning'Fenninal is installed by or on behalf of Terminal Operator and becomes operational at the preiniscs (the 'Temf')" During the'rerm, Establishment hereby acknowledges and agrees to promptly notify Terminal Operator in writing it' it is either presented with, or caters into, an agreement with respect to tile placement of Video (.Warning Tenninals on the Premises with any party other than Terminal Operator and to provide ,rel-illinal Operator a copy of such agreement, Establishment hereby also agrees to notify Terminal Operator in writing at least sixty (60) days prior to the expiration of the 'rem, if it intends not to renew or otherwise extend this Agreement. Notwitlistanding the FOrcgOil"g, Terminal Operator reserves the right to tertninate this Agreement immediately for any reason, including, but not limited, to, the IG13 requiring such termination, 6. lAjjLkqlj. Any one of the following events shall constitute an hereunder: (a) Establishment shall fail to pay any amount due hereunder within ten (10) days after the due date or shall deny or impede Terminal Operator's access to the cash receipts associated with the Video Gaming Terminals; (b) either party shall- fail to observe any other agreement to be observed or performed by such. party hereunder that is not otherwise provided for in this Sec and such failure continues for thirty (30) days after the date such party is given written notice thereof; (c) Establishment or any guarantor of the Agreement shall cease doing business as a going concern or make an assignment for the benefit of creditors; (d) Establishment or any guarantor of the Agreement shall voluntarily file, take any action to authorize the filing, or have filed against it involuntarily, a petition for liquidation reorganization, adjustment of debt or similar relief under any federal or state bankruptcy or insolvency law; (e) a trustee, receiver, or liquidator is appointed for Establishment, any guarantor of the Agreement, or for all or a substantial part of the assets of Establishment or any guarantor, unless such appointment is set aside within sixty (60) days; (f) Establishment announces that it is closing for business, abandons or vacates the Premises or without notice to and the prior written consent of Terminal Operator fails to remain open for business for any continuous five (5) day period; (g) either party surrenders its License or pursuant to a final order of the IGB and the Video Gaming Law, the License ofeither party is denied, revolted or not renewed; or (h) Establishment does not comply with the requirements imposed by Secti tis 8(bA rIT i c) of this Agreement. 7. 1tg di9:. Upon the occurrence and during the continuance of an Event of Default: (a) by either party, the non -defaulting party may terminate this Agreement as to any portion or all of the Equipment; (b) by Establishment, Terminal Operator ntay take possession of any or all of the Equipment, wherever situated, together with any cash receipts associated with the Video Gaming Terminals and for such. purpose enter upon tine Promises without liability for so doing; (c) by Establishment, Terminal Operator may recover all losses incurred as a result of a breach hereof including, but not limited to all lost profits, reasonable costs and expenses incurred by Terminal Operator in any repossession, recovery, storage, repair, sale, release or other disposition of the 17,quipment, including but not limited to costs of transportation„ possession, storage, refurbishing, advertisirig and broker's fees together with all reasonable attorney's fees and cost incurred in connection therewith or otherwise resulting from Establishmnt's default (including any at trial, on appeal or any other proceeding); provided however, this remedy does not apply to any breach of Section 6(h); (d) by Establishment, Terminal Operator may exercise any other rentedy permitted by law, equity or any other agreements with Establishment or any guarantor of this Agreement; (e) by Terminal Operator pursuant toNt`f war 6, �M, this Agreement shall automatically terminate; (fl by .stablisltrnent, the Terminal Operator's sole and exclusive monetary remedy of breach resulting, in a default under Section 6(h) is a sun] equal to (forty dollars ($40.00)) per day for each day remaining in the Terra as of the date of the breach, as liquidated damages and not as a penalty, This remedy is not optional and the parties agree that it would be difficult, if not impossible, to determine the actual darnages in tite event of this specific breach, and (g) notwithstanding anything in this Agreement to the contrary, in the event Establishment breaches &gLiqu 3 herein, Establishment acknowledges, understands, and agrees that Terminal Operator may obtain an emergency injunction order against Establishment (without notice or bond), and any other relief allowed in equity, with or without notice, to Establishment. With the exception of the remedy set forth in e i n T„(0, no remedy given in this Agreement is intended to be exclusive and each shall be cumulative. No express or implied waiver by Terminal Operator of any Event of Default shall constitute a waiver of any subsequent Event of Default. Notwithstanding the termination of this Agreement, ,,fictions 7 ) 7 c_ ,1(d�8 10,...13 1g) l� 1( (6, 1 a,µIT,l, g ,l l -)-An-(t-2Q of this Agreement shall survive termination hereof. 8.1?istri.g.�0 It"c�miranta n and�Net Terminal Income shall be split between Terminal Operator and Establishment in accordance with the Video Gaming Law. Subject to the Video Gaming Law, Terminal Operator shall have the right to deduct from Establishment's share of Net Terminal Income any costs and expenses to be borne in whole or in part, or payments to be made, by Establishment under this Agreement or pursuant to the Video Gaming Law, including, but not limited to, any cost, fee or expense listed now or hereafter under "Shared Costs" in the IGB's Inducement Policy. 9. Mir irattan Itevgq q. In the event that during any consecutive thirty (30) day period Terminal Operator's share of Net Terminal Income (i.e., the amount to which Terminal Operator is entitled after the tax imposed under the Video Gaming Laws) is less than an average of Forty Dollars ($40.00) per day per Video Gaming Terminal installed, at the Premises, Terminal Operator, at its option, bas the unilateral right in its sole discretion to terminate this Agreement, 10, Co�llranr_wrtlrwwthe auv puri lrtry°ncott c J,Ns. Establishment hereby: (a) agrees to comply with the 'Video Gaming Law including, but not limited to, (1) abiding by hours of operation of "Video Claming Terminals, (ii) prohibiting play of Video Gaming Terminal by minors, (iii) locating 'Video Gaming. Terminals within the Premises, (iv) submitting timely updates to the IGB regarding material changes; (v) conducting advertising and promotional activities, and (vi) placing and maintaining the requisite signage; (b) agrees to comply with all laws, including, but not limited to, Article 28 of the State of Illinois' Criminal Coyle, which prohibits illegal gambling, (c) agrees to pay all taxes due and owing by Esthblislunent to any government entity, including, but not limited to, the Illinois Department of Revenue, on or before the specified deadline; and (d) indemnifics and holds harmless Terminal Operator and its employees and agents for any claim, loss or expense (including, but riot Iimite+d to reasonable attorneys' fees) suffered or incurred by such indemnitees on account of any failure of Establishment to comply any provision in this ctign 1 . 11. Acid ,Iior al a art rrts_1 + `lrMLnnp,(C)pgratot. Terminal Operator agrees to: (a) create and maintain a separate bank account used solely for the deposit of revenues generated front the play of Video (.wining Terminals operated by or on behalf of Terntlnal Operator in the State of Illinois (the " ,eAcgoogrl"); (b) deposit revenues generated from the play of Video Gaming Terminals in the Account; (c) report and remit to the IGB the State of Illinois' percentage of Net Terminal Income (i.e., the tax) as required by the Video Gaming Law; and (d) keep a record of Net Terminal Income in the form required by the IGB. 12. lytgjogq apse. During the Term, Terminal Operator agrees, at 1'ernrinal Operator's sole cost, to provide routine maintenance and repair services for the Equipment in order to keep the Lquipruent in good working order in accordance with generally accepted standards of the Stateof Illinois' video gaming industry. Such services shall not include repairs due to the negligence of, or misuse of the Equipment by, Establishment, its employees, invitees, customers or patrons or any accident caused in whole or part by any of the foregoing or on account of a breach of this Agreement by Establishment (``l'wl to-Ittears"). Establishment agrees to pay for Non -Routine Repairs and any related materials, parts and service at customary rates charged by Terminal Operator to all establishments in which Terminal Operator has installed equipment, except to the extent otherwise prohibited by the Video Gaming Law. 13."�, upm nl. (a) The Equipment is, and shall remain, the sole personal property of Terminal Operator. The Equipment shall never be a fixture or become by agreement, act of law or otherwise, security for any obligation of or property of Establishment. Terminal Operator shall have the right to affix a badge or other marking to the Equipment to identify Terminal Operator as the owner of the Equipment. Establishment agrees not to alter, remove or cover such badge or other marking. (b) Terminal Operator represents and warrants to Establishment that the Equipment at the time it is installed at the Premises and tested by Terminal Operator will meet all criteria then imposed by the Video Gaming Law, Terminal Operator's sole obligation with respect to a breach of its foregoing warranty shall be to repair or replace tile Equipment giving rise to the breach of warranty at Terminal Operator's sole cost Ind expense. If'l`crminal Operator is unable to so repair or replace such Equipment within three (T) business days atter being notified by Establishment of a breach of such warranty, which period shall be extended for causes beyond the control of T"enninal Operator (including, but not limited to, any scheduling limitations imposed by the IGB, the vendor of the central communication system, or their respective agents), then. Establishment's sale remedy is to terminate this Agreement in accordance with its provisions. Under no circumstances shall Terminal Operator be responsible for any lost profits, consequential or incidental damages for breach of the foregoing warranty. TERMINAL OPERATOR. MAKES NO OTITER "tIWARRANTfES, EXPRESSED OR IMPLIED, WITH REGARD TO THE, EQUIPMENT. TERMINAL OPERATOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF NON - INFRINGEMENT, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. (c) Tenn inn] Operator agrees to update any Equipment as may be necessary from time to time to conform to additional or modified criteria established under the Video Gaining Law. In addition, Terminal Operator shall have the right to install software updates, enhancements and/or support devices for or to the Equipment (e.g., cash handling devices) which, upon installation,, shall be deemed "Equipment", Establishment and Terminal Operator shall share equally the coast of such updates, enhancements and/or support devices, including labor, at customary costs and rates charged by Terminal Operator to all Establishments in which Terminal Operator has installed Equipment except to the extent otherwise prohibited by the Video Gaining Law. Establishment and Terminal Operator shall share equally all third - party expenses incurred by Terminal Operator in connection with the operation of Equipment such as but not limited to any charge for use of the communications Iink to the IGB and operating supplies. (d) 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 of the Equipment; (ii) interfere with the operation of the Equipment in anyway; and (iii) move or change the location of (lie Equipment; (e) Establishment agrees that it will (i) notify'rerntinal Operator immediately upon any malfunction of any of the Equipment; (ii) permit tete operation of the Video Gaming Terminals at the Premises during normal business hours of Establishment without hindrance or interruption; (iii) provide a secure premise for the pl,acernent, operation and play of tlae Video Gaining Terminals; (iv) notify Terminal Operator of any unlawful or unwarranted entry onto the ('remises involving or affecting the Equipment; and (v) promptly notify Terminal Operator, in writing, if any of its liquor licenses for the Premises is suspended, revoked or not renewed. (f) Darnage to tite Equipment caused in whole or in part by Establishment or any employee, invitee, customer or patron of Establishment shall be the sole reslxansibility of Establishment. Terminal Operator shall have the right to repair and/or replace such damaged ["quipment at Establishment's sole cost and expense in accordance wittlSe—COLO-11-12 of this. Agreement, (g) Nothing in this Agreement shall be construed to mean that Terminal Operator assumes any liability on account of accidents or damages to persons or property, except those directly due to the negligent acts of Terminal Operator. Establishment hereby indemnifies and holds harmless Terminal Operator and its employees and agents for any claim, loss or expense (including but not limited to reasonable attorneys' fees) suffered or incurred by wash indemnitees ()it account of any accidents or damage to any persons'or property on account of ally intentional or negligent acts of Establishment, its employees, invitees, customers or patrons. (h) Establishment shall be solely responsible for: (i) all damage to the Equipment caused by any attempted or completed burglary or robbery of Establishment, (ii) all costs, charges and expenses incurred by Tenninal Operator as a result any attempted or completed burglary or robbery of Establishment; and (iii) all lost or stolen money from the Equipment. Iii no way limiting the foregoing, in the event of an attempted or completed burglary or robbery that in any way impacts the Equipment,, Terminal Operator shall have the right to repair and/or replace such damaged EquipruCilt at Establishment's sole coast and expense in accordance with ge tNoxt l of this Agreement. (i) The Equipment shall be insured against all perils for its frill replacement value for the beiaefit of Terminal Operator. Terminal Operator shall maintain general liability insurance on each "video framing Terminal on the Premises with coverage amounts equal to, at aw minimum, that rewired by the Video framing Law. If insurance related to the Equipment is obtained by Establishment (whether because it is required by the "video Gaining, Law or otherwise obtained) Establishment shall (i) designate Terminal Operator (arid at Terminal Operator's request, Terminal Operator's lender) as art additional named insured on such policies of insurance, and (ii) furnish Terminal operator with a certificate of insurance evidencing such policies of insurance immediately following issuance of such policies. 14. I"dw lnduicentient, (a) Terminal Operator acknowledges that it did not offer Establishment (or its owners agents or representatives) anything of value, including but not limited to loan, financing arrangement, cash, ;goods or services to incent or induce the execution of this Agreement or the placement or operation of video Gaming Terminals at the Premises, (b) establishment acknowledges that Terminal Operator did not offer Establishment (or its owners, agents or representatives), and Establishment (or its owners, agents or representatives) did not accept anything of value, including but not limited to a loan, financing arrangement, cash, goods or services, to iincent or induce the execution of this Agreement or the placement or operation of Video ±willing Terminals at the Premiscs. 1 . ` ol,e jMqt. i tablishruent represents and warrants toTerminal Operator that Establishment has not executed, entered into or agreed' to execute or easter into any other agreement, written or oral, with respect to the placement of "video 0aining Terminals in or at the Premises. Establishment hereby indemnifies and holds harmless Terminal Operator and each of its successors, assigns and holders of any security interest in this Agreement for any loss,. cost or expense (including but riot limited to reasonable attorneys' fees) suffered or incurred by such indemnitees on account of breach of the foregoing representations and warranties. 16. Co a f tigg. Establishment agrees to ftilly cooperate with "I`erminal Operator and the IGB in connection with any inquiries or investigartions the IGB conducts involving Terminal Operator. In addition,„ Establishment agrees to cooperate with any equipment manufacturer, distributor„ supplier, lender or financing company providing equipment financing. to Terminal Operator and agrees to: (i) allow such parties access to the Premises during normal business hours, by ch arties rovided (ii) execute and deliver any documents reasonably required and aniaipird tlrispAgreema�rat hasdocuments raaanabl;ylo not r required suose chfinancial obligations upon hstablishnwent, and (iii) parties. 17. Fntir , _Aatei tlmgq, 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 aniended, modified or supplemented by a. writing signed by all of the parties hereto. 18. 11 inset. (a) Nothing in this Agreement, including the splitting of Net Terminal Income, shall be construed as creating any partnership, joint venture or agency between Establishment and Terminal Operator. (b) Establishment hereby agrees to provide written notification to Terminal Operator of any Change in Location (as hereinafter defined) as soon as practical but in any event on or before the earlier of. (i) the date Establishment provides notice to the IGB regarding the Change in Location; or (ii) ten (10) days before the occurrence of the Change in Location. In the event that Establishment experiences a Change in Location, Terminal Operator, at its option, has the unilateral right to terminate this Agreement. Provided Terminal. Operator does not so terminate this Agreement, then upon a Change in Location, Establishment agrees to deliver to 1'errninal Operator an executed amendment to this Agreement reflecting such change. •M For purposes of this Agreement, batt e_a Lcation" means Establishment moves its business from 'the Prerni,ses to a new location. In the event the Premises remains the same, but is assigned a new address (business, mailing or otherwise), the parties hereto agree that this 5„eci:iori of the Agreement shall not be triggered and the Agreement shall remain in full force and effect. Moreover, the parties hereto agree to execute an amendment to this Agreement to evidence the new address of the Premises. (c) Establishment hereby agrees to provide written notification to Terminal Operator of any Change in Control (as hereinafter definer]) as soon as practical, but in any event on or before the earlier of: (i) the date Establishment provides notice to the IGII regarding the Change in Control; or (ii) ten (10) days before the occurrence of the Change in Control. In the event that Establishment experiences a Change in Control, Terminal Operator, at its option, has the unilateral right to terminate this Agreement. Provided Terminal Operator does not so terminate this Agreement, then upon a Change in Control, Establishment agrees to deliver to Terminal Operator either, (y) in the case of a transfer of ownership of Establishment that is a corporation, limited liability company, trust, partnership or other entity, an acknowledgement of the new owner(s) that this Agreement is in full farce and ef"f"ect; or (z) in the case of a transfer of all or substantially all of Establishment's assets, a written agreement of the transferee agreeing to be bound by the terms and conditions of this Agreement. For purposes of this Agreement, "Chan ein L nt sal°' means the sale, gift, assignment or other transfer of more than 0% of the ownership of Establishment or all or substantially all of Establishment's assets. (d) Establishment hereby authorizes and consents to site filing or recording by Terminal Operator of this Agreement or a summary of this Agreement (including, but not limited to, the following details of this Agreement. the names of the parties, the Terns, and any limitations on the transfer, assignment or sale of this Agreement, Establishment's ownership interests or assets or the Premises) with any official office designated by the State of" Illinois or its agents.. (e) in tine event nt"enninal Operator terminates this Agreement, exercises discretion to remove Video Gaining. "Fenninals, surrenders its License or has its License denied, revoked, notrenewed or otherwise disciplined Terminal Operator shall not be responsible to Establishment for the loss of any revenues or any costs, fees, or expenses (including attorney fees) incurred by Establishment as a result of Terminal Operator surrendering its License or having its License denied, revoked, not renewed or otherwise disciplined. Under no circumstances shall Terminal Operator be responsible to Establishment for any lost profits, consequential or incidental damages under this Agreement. (f)This Agreement g ,errtent sire]] be binding p the benefit of the parties hereto and their respective upon and inure to heirs, personal representatives, successors and permitted assigns, Terminal operator 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 Gaining Lary. Establishment may not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder, whether by law or otherwise, and any attempt at such assignment will be void without the prior written consent of Terminal Operator and in accordance with the Video Gaming Law. (g) A party's failure to enforce its rights with respect to any single or continuing breach of this Agreement will not act as a waiver of a right of that party to later enforce any such rights or to enforce any other or subsequent breach. (h) Establishment shall be responsible for all of Terminal Operator's costs, charges and expenses, including reasonable attorney's fees, incurred by Terminal Operator in enforcing Establishment's obligations hereunder. (i) All notices and other communications required or permitted under this Agreement must be in writing and will be deemed given when: delivered personally; two (2) days after deposit in the U.S. Mail if sent by registered or certified mail, return receipt requested; transmitted by email or facsimile provided that a confirmation copy is sent on or before the next business day by first class mail; or next day after being sent by overnight courier. (j) The invalidity or unenforceability of any particular provision of this Agreement will not invalidate the remaining provisions hereof and this Agreement will be construed in all respects as if such invalid or unenforceable provisions were ornittcd and deleted, Notwithstanding anything herein to the contrary, if any particular term of this Agreement conflicts with the Video Gaming Law, the Video Gaming Law shall prevail and the parties shall comply at all times with the Video Gaming Law. (k) Each party hereto warrants to the other that all corporate or other necessary organizational acts have been taken to approve the terms of this Agreement and tire signatories hereto are duly authorized and empowered to execute this Agreement as a binding and legally enforceable contract. (1) This Agreement nray be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any counterparts transmitted by facsimile, PDF or email shall he considered original, legally binding, enforceable documents in all jurisdictions. (m) This Agreement shall be governed by and, construed and enforced in accordance with the internal laws of the State of Illinois, without regard to conflicts of laws principles. Venue for any dispute related to this Agreement shall be in the Circuit Court of Cook County, Illinois. 19.1ro1La.1�&1A%es. "flee parties hereto acknowledge that the obligations of Terminal Operator and Establishment hereunder are subject to and contingent upon the Videx Gaining l.aw, which may require the IGB's consent to the use of this Agreement. To that end, the parties hereto agree to promptly submit this Agreement to the IGB and to cooperate with each other in +obtaining, any necessary consents from the IGB. 'l'e;rminal Operator and Establishment agree to maintain a copy of this Agreement on file at their respective places of business and to make it available for inspection to all individuals who are authorized by the 1GlI. The parties agree to modify and amend this Agreement to comply with the requiretrtents of the IGB or any change in the Video Gaming Law. In the event of any conflict between the terms and provisions of this Agreement and the Video Gaming Law, the Video Gaming Law shall prevail, and such term or provision dictated by the Video Gaming Law shall be deemed included in this Agreement as if originally included as a term or provision of this Agreement. 20. 1 dent call n 0the State m ,I. The parties hereto hereby severally indemnify and hold harmless the State of Illinois, the IGR and their respective agents for any cause of action, loss, cost or expense (including but not limited to reasonable attorneys' fees) suffered or incurred by such indemnitees on account of or arising under this Agreement. [Signature Page to Follow] IN WITNESS WHEREOF, Terminal Operator and Establishment have duly executed this Agreement as of the date first written above. " fEIi~1VI AI OI Iii C)II"' E� �.. Printed Name: Its.._," / Email Address. � .a ` ir�t • CO+s Fax Number: Ad rasa: . Parties) soliciting this Agreement on behalf of Terminal Operator: "ESTABLISHMENT" Printed Name 4 r e o r 'C s Email Address: got 0 emtcoosake6o6e.401," Fax Number .__..... ..n.e. �...�.. Address. lI 30 Sam Grorrar Stnu k __-.___._�_�____w.. M -1 N ire 'r Machine Heights Lett to Hight 5'8", 5'3", 5'4", 5'9", 6'0 2 REFLECTED CEILING PLAN I III IZOHMING ROAD 113 SOUTH EMERSON STREET ASK ROLLING MEADUNS, ILLINOIS WIXA I F==� F=:� I om ............................... FLOOR PLAN Machine Heights Lett to Hight 5'8", 5'3", 5'4", 5'9", 6'0 2 REFLECTED CEILING PLAN I III IZOHMING ROAD 113 SOUTH EMERSON STREET ASK ROLLING MEADUNS, ILLINOIS WIXA I F==� F=:� I 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 ) GTNL GROUP LLC D/B/A EMERSON'S ALE HOUSE and deleting the number of "F-3" licenses by One (1) GTNL GROUP LLC D/B/A EMERSON'S ALE HOUSE located at 113 S. EMERSON. 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-three (23) Class F-3 License Five (5) 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; BlackFinn —Randhurst Grille; Buffalo Wild Wings Grill 23 and Bar; Canta Napoli; E&O Food & Drink; Fellini Restaurant and Pizzeria; Hacienda EI Sombrero; Jameson's Charhouse; Kampai Japanese Steak House; Langostino's; Mia's Cantina; Moretti's Ristorante; New Shinjuku; Nina Restaurant; Outback Steakhouse; Salsa Street; Smokey Bones Bar & Fire Grill; Station 34; Summertime; Tavern on 83; Trezero's; Trilokah F -3-V Emerson's; Draft Picks; Pap's Ultimate Bar & Grill; Sam's Place; Mrs. P & Me 5 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