HomeMy WebLinkAboutV. COW Agenda Item Video Gaming Discussion
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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 5.
Section 1. Short title. This Article may be cited as the
Video Gaming Act. Any references in this Article to "this Act"
mean this Article.
Section 5. Definitions. As used in this Act:
"Board" means the Illinois Gaming Board.
"Credit" means 5, 10, or 25 cents either won or purchased
by a player.
"Distributor" means an individual, partnership, or
corporation licensed under this Act to buy, sell, lease, or
distribute video gaming terminals or major components or parts
of video gaming terminals to or from terminal operators.
"Terminal operator" means an individual, partnership or
corporation that is licensed under this Act and that owns,
services, and maintains video gaming terminals for placement in
licensed establishments, licensed fraternal establishments, or
licensed veterans establishments.
"Licensed technician" means an individual who is licensed
under this Act to repair, service, and maintain video gaming
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terminals.
"Manufacturer" means an individual, partnership, or
corporation that is licensed under this Act and that
manufactures or assembles video gaming terminals.
"Supplier" means an individual, partnership, or
corporation that is licensed under this Act to supply major
components or parts to video gaming terminals to licensed
terminal operators.
"Net terminal income" means money put into a video gaming
terminal minus credits paid out to players.
"Video gaming terminal" means any electronic video game
machine that, upon insertion of cash, is available to play or
simulate the play of a video game, including but not limited to
video poker, line up, and blackjack, authorized by the 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.
"Licensed establishment" means any licensed retail
establishment where alcoholic liquor is drawn, poured, mixed,
or otherwise served for consumption on the premises. "Licensed
establishment" does not include a facility operated by an
organization licensee, an intertrack wagering licensee, or an
intertrack wagering location licensee licensed under the
Illinois Horse Racing Act of 1975 or a riverboat licensed under
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the Riverboat Gambling Act.
"Licensed fraternal establishment" means the location
where a qualified fraternal organization that derives its
charter from a national fraternal organization regularly
meets.
"Licensed veterans establishment" means the location where
a qualified veterans organization that derives its charter from
a national veterans organization regularly meets.
"Licensed truck stop establishment" means a facility that
is at least a 3-acre facility with a convenience store and with
separate diesel islands for fueling commercial motor vehicles
and parking spaces for commercial motor vehicles as defined in
Section 18b-l0l of the Illinois Vehicle Code.
Section 15. Minimum requirements for licensing and
registration. Every video gaming terminal offered for play
shall first be tested and approved pursuant to the rules of the
Board, and each video gaming terminal offered in this State for
play shall conform to an approved model. The Board may utilize
the services of an independent outside testing laboratory for
the examination of video gaming machines and associated
equipment as required by this Section. Each approved model
shall, at a minimum, meet the following criteria:
(1) It must conform to all requirements of federal law
and regulations, including FCC Class A Emissions
Standards.
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(2) It must theoretically payout a mathematically
demonstrable percentage during the expected lifetime of
the machine of all amounts played, which must not be less
than 80%. Video gaming terminals that may be affected by
skill must meet this standard when using a method of play
that will provide the greatest return to the player over a
period of continuous play.
(3) It must use a random selection process to determine
the outcome of each play of a game. The random selection
process must meet 99% confidence limits using a standard
chi-squared test for (randomness) goodness of fit.
(4) It must display an accurate representation of the
game outcome.
(5) It must not automatically alter pay tables or any
function of the video gaming terminal based on internal
computation of hold percentage or have any means of
manipulation that affects the random selection process or
probabilities of winning a game.
(6) It must not be adversely affected by static
discharge or other electromagnetic interference.
(7) It must be capable of detecting and displaying the
following conditions during idle states or on demand: power
reset; door open; and door just closed.
(8) It must have the capacity to display complete play
history (outcome, intermediate play steps, credits
available, bets placed, credits paid, and credits cashed
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out) for the most recent game played and 10 games prior
thereto.
(9) The theoretical payback percentage of a video
gaming terminal must not be capable of being changed
without making a hardware or software change in the video
gaming terminal.
(10) Video gaming terminals must be designed so that
replacement of parts or modules required for normal
maintenance does not necessitate replacement of the
electromechanical meters.
(11) It must have nonresettable meters housed in a
locked area of the terminal that keep a permanent record of
all cash inserted into the machine, all winnings made by
the terminal printer, credits played in for video gaming
terminals, and credits won by video gaming players. The
video gaming terminal must provide the means for on-demand
display of stored information as determined by the Board.
(12) Electronically stored meter information required
by this Section must be preserved for a minimum of 180 days
after a power loss to the service.
(13) It must have one or more mechanisms that accept
cash in the form of bills. The mechanisms shall be designed
to prevent obtaining credits without paying by stringing,
slamming, drilling, or other means.
(14) It shall have accounting software that keeps an
electronic record which includes, but is not limited to,
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the following: total cash inserted into the video gaming
terminal; the value of winning tickets claimed by players;
the total credits played; and the total credits awarded by
a video gaming terminal.
(15) It shall be linked by a central communications
system to provide auditing program information as approved
by the Board. In no event may the communications system
approved by the Board limit participation to only one
manufacturer of video gaming terminals by either the cost
in implementing the necessary program modifications to
communicate or the inability to communicate with the
central communications system.
(16) It shall be able to receive and broadcast amber
alert messages.
Section 20. Direct dispensing of receipt tickets only. A
video gaming terminal may not directly dispense coins, cash,
tokens, or any other article of exchange or value except for
receipt tickets. Tickets shall be dispensed by pressing the
ticket dispensing button on the video gaming terminal at the
end of one's turn or play. The ticket shall indicate the total
amount of credits and the cash award, the time of day in a
24-hour format showing hours and minutes, the date, the
terminal serial number, the sequential number of the ticket,
and an encrypted validation number from which the validity of
the prize may be determined. The player shall turn in this
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ticket to the appropriate person at the licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment to receive
the cash award. The cost of the credit shall be 5 cents, 10
cents, or 25 cents, and the maximum wager played per hand shall
not exceed $2. No cash award for the maximum wager on any
individual hand shall exceed $500.
Section 25. Restriction of licensees.
(a) Manufacturer. A person may not be licensed as a
manufacturer of a video gaming terminal in Illinois unless the
person has a valid manufacturer's license issued under this
Act. A manufacturer may only sell video gaming terminals for
use in Illinois to persons having a valid distributor's
license.
(b) Distributor. A person may not sell, distribute, or
lease or market a video gaming terminal in Illinois unless the
person has a valid distributor's license issued under this Act.
A distributor may only sell video gaming terminals for use in
Illinois to persons having a valid distributor's or terminal
operator's license.
(c) Terminal operator. A person may not own, maintain, or
place a video gaming terminal unless he has a valid terminal
operator's license issued under this Act. A terminal operator
may only place video gaming terminals for use in Illinois in
licensed establishments, licensed truck stop establishments,
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licensed fraternal establishments, and licensed veterans
establishments. No terminal operator may give anything of
value, including but not limited to a loan or financing
arrangement, to a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment as any incentive or inducement to locate
video terminals in that establishment. Of the after-tax profits
from a video gaming terminal, 50% shall be paid to the terminal
operator and 50% shall be paid to the licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment. No terminal
operator may own or have a substantial interest in more than 5%
of the video gaming terminals licensed in this State.
(d) Licensed technician. A person may not service,
maintain, or repair a video gaming terminal in this State
unless he or she (1) has a valid technician's license issued
under this Act, (2) is a terminal operator, or (3) is employed
by a terminal operator, distributor, or manufacturer.
(e) Licensed establishment. No video gaming terminal may be
placed in any licensed establishment, licensed veterans
establishment, licensed truck stop establishment, or licensed
fraternal establishment unless the owner or agent of the owner
of the licensed establishment, licensed veterans
establishment, licensed truck stop establishment, or licensed
fraternal establishment has entered into a written use
agreement with the terminal operator for placement of the
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terminals. A copy of the use agreement shall be on file in the
terminal operator's place of business and available for
inspection by individuals authorized by the Board. A licensed
establishment, licensed truck stop establishment, licensed
veterans establishment, or licensed fraternal establishment
may operate up to 5 video gaming terminals on its premises at
any time, unless the Board authorizes a greater number.
(f) Residency requirement. Each licensed distributor and
terminal operator must be an Illinois resident. However, if an
out of state distributor or terminal operator has performed its
respective business wi thin Illinois for at least 48 months
prior to the effective date of this Act, the out of state
person may be eligible for licensing under this Act, upon
application to and approval of the Board.
(g) Financial interest restrictions. As used in this Act,
"substantial interest" in a partnership, a corporation, an
organization, an association, or a business means:
(A) When, with respect to a sole proprietorship, an
individual or his or her spouse owns, operates,
manages, or conducts, directly or indirectly, the
organization, association, or business, or any part
thereof; or
(B) When, with respect to a partnership, the
individual or his or her spouse shares in any of the
profits, or potential profits, of the partnership
activities; or
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(C) When, with respect to a corporation, an
individual or his or her spouse is an officer or
director, or the individual or his or her spouse is a
holder, directly or beneficially, of 5% or more of any
class of stock of the corporation; or
(D) When, with respect to an organization not
covered in (A), (B) or (C) above, an individual or his
or her spouse is an officer or manages the business
affairs, or the individual or his or her spouse is the
owner of or otherwise controls 10% or more of the
assets of the organization; or
(E) When an individual or his or her spouse
furnishes 5% or more of the capital, whether in cash,
goods, or services, for the operation of any business,
association, or organization during any calendar year.
(h) Location restriction. A licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment that is
located within 1,000 feet of a facility operated by an
organizational licensee, an intertrack wagering licensee, or
an intertrack wagering location licensee licensed under the
Illinois Horse Racing Act of 1975, the home dock of a riverboat
licensed under the Riverboat Gambling Act, a school, or a place
of worship under the Religious Corporation Act is ineligible to
operate a video gaming terminal.
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Section 27. Prohibition of video gaming by political
subdivision. A municipality may pass an ordinance prohibiting
video gaming within the corporate limits of the municipality. A
county board may, for the unincorporated area of the county,
pass an ordinance prohibiting video gaming within the
unincorporated area of the county.
Section 30. Multiple types of licenses prohibited. A video
gaming terminal manufacturer may not be licensed as a video
gaming terminal operator or own, manage, or control a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans establishment,
and shall be licensed only to sell to distributors. A video
gaming terminal distributor may not be licensed as a video
gaming terminal operator or own, manage, or control a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans establishment,
and shall only contract with a licensed terminal operator. A
video gaming terminal operator may not be licensed as a video
gaming terminal manufacturer or distributor or own, manage, or
control a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment, and shall be licensed only to contract
with licensed distributors and licensed establishments,
licensed truck stop establishments, licensed fraternal
establishments, and licensed veterans establishments. An owner
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or manager of a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment may not be licensed as a video gaming
terminal manufacturer, distributor, or operator, and shall
only contract with a licensed operator to place and service
this equipment.
Section 35. Display of license; confiscation; violation as
felony. Each video gaming terminal shall be licensed by the
Board before placement or operation on the premises of a
licensed establishment, licensed truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment. The license of each video gaming terminal shall
be maintained at the location where the video gaming terminal
is operated. Failure to do so is a petty offense with a fine
not to exceed $100. Any licensed establishment, licensed truck
stop establishment, licensed fraternal establishment, or
licensed veterans establishment used for the conduct of
gambling games in violation of this Act shall be considered a
gambling place in violation of Section 28-3 of the Criminal
Code of 1961. Every gambling device found in a licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, or licensed veterans establishment
operating gambling games in violation of this Act shall be
subject to seizure, confiscation, and destruction as provided
in Section 28-5 of the Criminal Code of 1961. Any license
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issued under the Liquor Control Act of 1934 to any owner or
operator of a licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment that operates or permits the operation
of a video gaming terminal within its establishment in
violation of this Act shall be immediately revoked. No person
may own, operate, have in his or her possession or custody or
under his or her control, or permit to be kept in any place
under his or her possession or control, any device that awards
credi ts and contains a circuit, meter, or switch capable of
removing and recording the removal of credits when the award of
credits is dependent upon chance. A violation of this Section
is a Class 4 felony. All devices that are owned, operated, or
possessed in violation of this Section are hereby declared to
be public nuisances and shall be subject to seizure,
confiscation, and destruction as provided in Section 28-5 of
the Criminal Code of 1961. The provisions of this Section do
not apply to devices or electronic video game terminals
licensed pursuant to this Act.
Section 40. Video gaming terminal use by minors prohibited.
No licensee shall cause or permit any person under the age of
21 years to use or playa video gaming terminal. Any licensee
who knowingly permits a person under the age of 21 years to use
or playa video gaming terminal is guilty of a business offense
and shall be fined an amount not to exceed $5,000.
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Section 45. Issuance of license.
(a) The burden is upon each applicant to demonstrate his
sui tabili ty for licensure. Each video gaming terminal
manufacturer, distributor, supplier, operator, licensed
establishment, licensed truck stop establishment, licensed
fraternal establishment, and licensed veterans establishment
shall be licensed by the Board. The Board may issue or deny a
license under this Act to any person pursuant to the same
criteria set forth in Section 9 of the Riverboat Gambling Act.
(b) A non-refundable application fee shall be paid at the
time an application for a license is filed with the Board in
the following amounts:
(1) Manufacturer .............................. $5,000
(2) Distributor................................ $5,000
(3) Terminal operator.. ................ ........ $5,000
(4) Supplier .................................. $2,500
(5) Technician .................................. $100
(c) (Blank).
(d) Each licensed distributor, terminal operator, or
person with a substantial interest in a distributor or terminal
operator must have resided in Illinois for at least 24 months
prior to application unless he or she has performed his or her
respective business in Illinois for at least 48 months prior to
the effective date of this Act.
The Board shall establish an annual fee for each license
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not to exceed the following:
(1) Manufacturer ............................ $10,000
(2) Distributor.............................. $10,000
(3) Terminal operator................... ....... $5,000
(4) Supplier .................................. $2,000
(5) Technician .................................. $100
(6) Licensed establishment, licensed truck stop
establishment, licensed fraternal establishment,
or licensed veterans establishment ... ......... ...... $100
(7) Video gaming terminal......... ............... $100
Section 50. Distribution of license fees.
(a) All fees collected under Section 45 shall be deposited
into the State Gaming Fund.
(b) Fees collected under Section 45 shall be used as
follows:
(1) Twenty-five percent shall be paid to programs for
the treatment of compulsive gambling.
(2) Seventy-five percent shall be used for the
administration of this Act.
(c) All licenses issued by the Board under this Act are
renewable annually unless sooner cancelled or terminated. No
license issued under this Act is transferable or assignable.
Section 55. Precondition for
all cases of application for a
licensed establishment.
licensed establishment,
In
to
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operate a video gaming terminal, each licensed truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall possess a valid liquor license
issued by the Illinois Liquor Control Commission in effect at
the time of application and at all times thereafter during
which a video gaming terminal is made available to the public
for play at that location.
Section 57. Insurance. Each licensed establishment,
licensed truck stop establishment, licensed fraternal
establishment, and licensed veterans establishment shall
maintain insurance on any gaming device on its premises in an
amount set by the Board.
Section 58. Location of terminals. Video gaming terminals
must be located in an area restricted to persons over 21 years
of age the entrance to which is within the view of at least one
employee, who is over 21 years of age, of the establishment in
which they are located.
Section 60. Imposition and distribution of tax.
(a) A tax of 30% is imposed on net terminal income and
shall be collected by the Board.
(b) Of the tax collected under this Section, five-sixths
shall be deposited into the Capital Projects Fund and one-sixth
shall be deposited into the Local Government Video Gaming
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Distributive Fund.
(c) Revenues generated from the play of video gaming
terminals shall be deposited by the terminal operator, who is
responsible for tax payments, in a specially created, separate
bank account maintained by the video gaming terminal operator
to allow for electronic fund transfers of moneys for tax
payment.
(d) Each licensed establishment, licensed truck stop
establishment, licensed fraternal establishment, and licensed
veterans establishment shall maintain an adequate video gaming
fund, with the amount to be determined by the Board.
Section 65. Fees. A non-home rule unit of government may
not impose any fee for the operation of a video gaming terminal
in excess of $25 per year.
Section 70. Referendum. Upon the filing in the office of
the clerk, at least 90 days before an election in any
municipali ty or county, as the case may be, of a petition
directed to such clerk, containing the signatures of not less
than 25% of the legal voters of that municipality or county,
the clerk shall certify such proposition to the proper election
officials, who shall submit the proposition at such election to
the voters of such municipality or county. The proposition
shall be in the following form:
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Shall video gaming
be prohibited in
YES
. . . . . . . . . . . . . . . . . ?
NO
If a majority of the voters voting upon such last mentioned
proposi tion in any municipality or county vote "YES", such
video gaming shall be prohibited in such municipality or
county. The petition mentioned in this Section shall be a
public document and shall be subject to inspection by the
public.
Section 75. Revenue sharing; Local Government Video Gaming
Distributive Fund.
(a) As soon as may be after the first day of each month,
the Department of Revenue shall allocate among those
municipalities and counties of this State that have not
prohibited video gaming pursuant to Section 27 or Section 70
the amount available in the Local Government Video Gaming
Distributive Fund, a special fund in the State Treasury, as
provided in Section 60. The Department shall then certify such
allocations to the State Comptroller, who shall pay over to
those eligible municipalities and counties the respective
amounts allocated to them. The amount of such funds allocable
to each such municipality and county shall be in proportion to
the tax revenue generated from video gaming within the eligible
municipality or county compared to the tax revenue generated
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from video gaming Statewide.
(b) The amounts allocated and paid to a municipality or
county of this State pursuant to the provisions of this Section
may be used for any general corporate purpose authorized for
that municipality or county.
(c) Upon determination by the Department that an amount has
been paid pursuant to this Section in excess of the amount to
which the county or municipality receiving such payment was
entitled, the county or municipality shall, upon demand by the
Department, repay such amount. If such repayment is not made
within a reasonable time, the Department shall withhold from
future payments an amount equal to such overpayment. The
Department shall redistribute the amount of such payment to the
county or municipality entitled thereto.
ARTICLE 800.
Section 801. Short title. This Article may be cited as the
Capital Spending Accountability Law.
Section 805. Reports on capital spending. On the first day
of each quarterly period in each fiscal year, the Governor's
Office of Management and Budget shall provide to the
Comptroller, the Treasurer, the President and the Minority
Leader of the Senate, and the Speaker and the Minority Leader
of the House of Representatives a report on the status of all
Video Gaming Possibilities
As of September 4, 2009
*
TypeEstablishmentAddressWithin 1000 feet
P-1Balzano Liquors2316 South Elmhurst Road
P-1Gold Eagle Liquors1721 West Golf Road
P-1Jay Liquors1728 West Dempster Street
P-1RMS Liquors1714 East Kensington Road
P-1Mount Prospect Liquors16 North Main Street
P-2Osco Drug Store #3476333-335 East Euclid
P-2Costco Wholesale Corporation999 North Elmhurst Road
P-2CVS Pharmacy1002 South Busse Rd.
P-2Dominick's Finer Foods, LLC1042 South Elmhurst Road
P-2Fiesta Market1902 South Elmhurst Road
P-2Garden Fresh-Mount Prospect Inc.1145 Mt. Prospect Plaza
P-2Wal-Mart Store # 1684930 E. Mount Prospect Plaza
P-3Aldi, Inc. #66730 East Rand Road
F-1Artemis Restaurant912 South Busse RoadNo
F-1Chungkiwa Restaurant1658 W. Algonquin Rd.No
F-1Cuisine of India2348 South Elmhurst RoadNo
F-1Fellini Restaurant1729 West Golf RoadNo
F-1House of SzechwanTen North MainNo
F-1Izakaya Sankyu1176 South Elmhurst RoadNo
F-1Las Islaas Marias1784 W. GolfNo
F-1LePeep CaféTen East Northwest HighwayYes
F-1Little America299 West Central RoadNo
F-1New Pusan Restaurant 1144 South Elmhurst RoadNo
F-1Sakura Restaurant105 South MainYes
F-1Torishin Restaurant1584 South Busse RoadNo
F-1Taqueria Los Arcos1707 West Algonquin RoadNo
F-2Arnie Salerno's Pizzeria1716 East Kensington RoadYes
F-2Avanti Café & Sandwich Bar1900 South Elmhurst RoadNo
F-2Frankie's Fast Foods720 East Rand RoadYes
F-2Mr. Beef & Pizza1796 South Elmhurst RoadNo
F-2Pad Thai Restaurant2310 South Elmhurst RoadNo
F-2Photo's Hot Dogs1706 East Kensington RoadYes
F-2Tortas Locas1839 W. Algonquin RoadNo
F-3Blues Bar2 West BusseYes
F-3Bogie's Ale House303 East Kensington No
F-3Buffalo Wild Wings Grill and Bar301 East Euclid AvenueNo
F-3Café Boulevard143 W. Prospect Yes
F-3Canta Napoli90 East BusseYes
F-3Dae Jang Kum Korean Restaurant1747 W. Golf RoadNo
F-3Edith's Place1064 Mount Prospect PlazaNo
F-3El Sombrero Restaurant1100 South Elmhurst RoadNo
F-3Jake's Pizza & Pub302 West Northwest HighwayNo
F-3Jameson's Charhouse1702 West Algonquin RoadNo
F-3Kampai Japanese Steak House2330 South Elmhurst RoadNo
F-3Marisqueria Flamingos Seafood Restaurant1590 South Busse RoadNo
F-3Michael's Steaks and Seafood113 South Emerson StreetYes
F-3Mrs. P & Me100 East Prospect AvenueYes
F-3Pap's Grill & Bar1904 South Elmhurst RoadNo
F-3Retro Bistro1746 West Golf RoadNo
F-3Rokudenashi Restaurant1750 West Golf RoadNo
(over)
Video Gaming Possibilities
As of September 4, 2009
F-3Sam's Place 15 West Prospect AvenueYes
F-3Wu Sung Restaurant1747-49 West AlgonquinNo
F-4Prospect Moose Lodge #660601 North Main StreetNo
F-5Bristol Court Banquets828 East Rand RoadNo
F-5Crystal Banquets4050 Birchwood Yes
F-5Victoria in the Park1700 S. ElmhurstNo
F-6Mount Prospect Park District600 See-GwunNo
F-6Prospect Heigts Park District700 W. Rand RoadNo
S-2Brunswick Zone-Mount Prospect824 East Rand RoadNo
S-3Moretti's1799 South Busse RoadNo
S-3Ye Olde Town Inn18 West Busse AvenueYes
S-4Vino 100110 S. EmersonYes
S-5Nina Restaurant1730 West Golf RoadNo
Package goods not qualified
within 1000' ft.not qualified
*
Does not take into account proximity of liquor establishment to churches, schools, etc.
i
n adjacent Municipatities.
(over)
Village of Mount Prospect
Estimate of Video Poker Revenue
August 2009
(1 )
Actual
Louisiana
Data
20%
Reduction
Factor
20%
Increase
Factor
Net Device Revenue Generated $ 213,188,379 $ 170,550,703 $ 255,826,055
Number of Machines Reported 6,629 6,629 6,629
Average Net Revenue per Machine $ 32,160 $ 25,728 $ 38,592
Illinois Tax Rate 30% 30% 30%
Average Tax Generated by Machine Annually $ 9,648 $ 7,718 $ 11,578
Municipal portion of taxes generated 16.67% 16.67% 16.67%
Municipal Tax per machine anticipated $ 1,608 $ 1,286 $ 1,930
Current Legislation (HB 255) limits placement to 5 (machines per establishment)
Number of Eligible Establishements (according to geographic location) 37
Total Potential Establishments 37
Number of Machines per Establishment 5
Total Potential Machines 185
Revenue Estimate per Machine (equals 87% of $1,608 above) 1,400
Machines Placed 50% 67% 75%
Number of Machines 93 124 139
Total Estimated Village Revenue 129,500 173,530 194,250
(1) Data taken from June 2008 Year to Date Totals from the Louisiana State Police Video Gaming
Division Revenue Report. Amounts are July 2007-June 2008 revenues from that report.
Note: Illinois' Legislation per HB 255 appears to be very similar to Louisiana's Video Poker Law. Many
provisions are identical or very nearly so.
Note 2: All assumptions/Calculations and data taken from provisions of Senate Amendment 1 to
House Bill 255.
Buffalo Grove model-prior to rules being adopted.
Village Board may approve devices on a case by case basis.
ORDINANCE NO. _____
AN ORDINANCE
CONCERNING THE ILLINOIS VIDEO GAMING ACT
Preamble
WHEREAS, the Village of Mount Prospect is a home rule unit by virtue of the Illinois
Constitution of 1970; and
WHEREAS, Public Act 96-34 (House Bill 255) created the Illinois Video Gaming Act, as
further amended by Public Act 96-37 (House Bill 2424) and Public Act 96-38 (Senate Bill
349) (collectively “Acts”) all of which were approved on July 13, 2009; and
WHEREAS, the Acts do not preempt home rule powers;
WHEREAS, the Acts, although effective upon approval, are subject to a rulemaking
process to be undertaken by the Illinois Gaming Board (“Gaming Board”); and
WHEREAS, the Acts mandate that the Board develop and adopt emergency rulemaking
within sixty (60) days of July 13, 2009 for the purpose of implementing the provisions of
the Acts; and
WHEREAS, despite the rulemaking mandate, the Chairman of the Gaming Board has
publicly indicated that it may take as long as 18 months to implement a rulemaking process;
and
WHEREAS, in the interim, and in the absence of rulemaking adopted by the Board, the
Village of Mount Prospect desires that no video gaming terminal, as that term is also
defined in the Acts, be installed anywhere within the Village without prior Village approval.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
acting pursuant to their home rule powers, as follows:
SECTION 1: The Preamble is made a part of this ordinance.
SECTION 2: No video gaming terminals shall be installed within the Village of
Mount Prospect without the prior approval of the Village. The Village’s review of any
request to install video gaming terminals, absent adopted rulemaking of the Gaming Board,
will be based upon the Village Board’s interpretation of the legislative intent and language
of the Acts.
Buffalo Grove model-prior to rules being adopted.
Village Board may approve devices on a case by case basis.
SECTION 3: The intent of this Ordinance, in the absence of final rules by the Gaming
Board, is to permit the Village to regulate any and all requests for the installation of video
gaming terminals.
SECTION 4: The Village reserves the right to adopt an ordinance, completely prohibiting
video gaming within the corporate limits of the Village of Mount Prospect, as set forth in
Section 27-Prohibition of Video Gaming by Political Subdivision of Public Act 96-34
(House Bill 255).
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
SECTION 6: The Village Clerk is hereby ordered to publish this Ordinance in pamphlet
form, such pamphlets to be available to the general public at the Village Clerk’s office.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this _____________ day of _____________, 2009.
______________________
Irvana K. Wilks
Mayor
ATTEST:
____________________
M. Lisa Angell
Village Clerk
Prohibition until Village Board recognizes standards for placement and use
ORDINANCE NO. _____
AN ORDINANCE
CONCERNING THE ILLINOIS VIDEO GAMING ACT
Preamble
WHEREAS, the Village of Mount Prospect is a home rule unit by virtue of the Illinois
Constitution of 1970; and
WHEREAS, Public Act 96-34 (House Bill 255) created the Illinois Video Gaming Act, as
further amended by Public Act 96-37 (House Bill 2424) and Public Act 96-38 (Senate Bill
349) (collectively “Acts”) all of which were approved on July 13, 2009; and
WHEREAS, the Acts do not preempt home rule powers;
WHEREAS, the Acts, although effective upon approval, are subject to a rulemaking
process to be undertaken by the Illinois Gaming Board (“Gaming Board”); and
WHEREAS, the Acts mandate that the Board develop and adopt emergency rulemaking
within sixty (60) days of July 13, 2009 for the purpose of implementing the provisions of
the Acts; and
WHEREAS, despite the rulemaking mandate, the Chairman of the Gaming Board has
publicly indicated that it may take as long as 18 months to implement a rulemaking process;
and
WHEREAS, in the interim, and in the absence of rulemaking adopted by the Board, the
Village of Mount Prospect desires that no video gaming terminal, as that term is also
defined in the Acts, be installed anywhere within the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
acting pursuant to their home rule powers, as follows:
SECTION 1: The Preamble is made a part of this ordinance.
SECTION 2: No video gaming terminals shall be installed within the Village until
such time as the Village, by Ordinance, either adopts its own standards for video gaming or
adopts the rules promulgated by the Gaming Board..
Prohibition until Village Board recognizes standards for placement and use
SECTION 3: The Village reserves the right to adopt an ordinance, completely prohibiting
video gaming within the corporate limits of the Village of Mount Prospect, as set forth in
Section 27-Prohibition of Video Gaming by Political Subdivision of Public Act 96-34
(House Bill 255).
SECTION 4: This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
SECTION 5: The Village Clerk is hereby ordered to publish this Ordinance in pamphlet
form, such pamphlets to be available to the general public at the Village Clerk’s office.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this _____________ day of _____________, 2009.
______________________
Irvana K. Wilks
Mayor
ATTEST:
____________________
M. Lisa Angell
Village Clerk
Complete Prohibition
ORDINANCE NO. _____
AN ORDINANCE PROHIBITING VIDEO GAMING WITHIN
THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
WHEREAS
, the Video Gaming Act (230 ILCS 40/1 et seq.; PA 96-0034) became
law July 13, 2009 and allows licensed retail establishments to conduct video gambling;
and
WHEREAS
, the Village President and Board of Trustees of the Village of Mount
Prospect commend the General Assembly and Governor for addressing the critical
need for investment in roads and infrastructure in the State of Illinois and for providing
flexibility in terms of the implementation of video poker; and
WHEREAS,
recognizing that some Illinois local jurisdictions would desire to
prohibit video gambling, Section 27 of the Video Gaming Act permits counties and
municipalities to prohibit video gaming by ordinance within their respective corporate
limits or unincorporated areas; and
WHEREAS
, states such as Georgia, South Carolina and North Carolina have
abandoned experiments with the legalization of video poker because of regulatory
difficulties, corruption, and the high social costs associated with this form of gambling;
and
WHEREAS
, electronic gaming is designed to entice people to play longer, faster
and at higher rates of wagering, according to a study by the Massachusetts Institute of
Technology; and
WHEREAS
, the Village President and Board of Trustees of this Village agree
that legalized video poker would present a variety of adverse impacts on residents of
the Village including the potential for corruption, impact on the costs of law enforcement,
regulatory difficulties and high social costs; and
WHEREAS,
the legalization of video poker within the Village is not consistent
with our desire to maintain a family-friendly environment for citizens and their children.
NOW, THEREFORE, BE IT ORDAINED
that the President and Board of
Trustees of the Village of Mount Prospect, Cook County, Illinois, acting pursuant to its
home rule powers, as follows:
SECTION 1:
The Village of Mount Prospect exercises its right, under Section 27
of the Illinois Video Gaming Act (230 ILCS 40/1 et seq.), to prohibit video gaming within
the Village of Mount Prospect effective immediately.
240333_1
Complete Prohibition
SECTION 2:
A new Section 25.503.1 shall be added to Chapter 23 entitled
“Offenses and Miscellaneous Regulations“, Article V entitled “Gambling” of the Mount
Prospect Village Code as follows:
Sec. 23.503.1 VIDEO GAMING PROHIBITED.
Video gaming, as that term is defined in the Illinois Video Gaming Act (230 ILCS
40/1 et seq. is prohibited. A video gaming license issued by the State of Illinois is
not effective within the Village of Mount Prospect.
SECTION 3:
This Ordinance shall be in full force and effect from and after its
passage, approval and publication as required by law.
SECTION 4:
The Village Clerk is hereby ordered to publish this Ordinance in
pamphlet form, such pamphlets to be available to the general public at the Village
Clerk’s office.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this _____________ day of _____________, 2009.
______________________
Irvana K. Wilks
Mayor
ATTEST:
____________________
M. Lisa Angell
Village Clerk
240333_1