HomeMy WebLinkAbout4.1 1st reading of an ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VILLAGE CODE OF MOUNT PROSPECT. {This Ordinance will increase the number of Class F-3-V licenses by (1) BIG FISH'S ICEHOUSE, LLC d/b/a/ BIG FISH'S ICEHOUSE and decrease the numAPPLICATION DATE
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Number of gaming terminals to be operated:
Serial numleo machines: 2. I �, i _ 3. '
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Does applicant business have or will have a security alarm? des No
Note a bc�ildin permit is re to install a securit alarm
Name of alarm
Does applicant business maintain a surveillance camera on video gaming machines: `yesNo
Note surveillance camera should be hi h resolution and must maintain 30 d Vs of video retention
State of Illinois)
County of Cook) SS
The undersigned swear (or affirm) that the person or business entity, including its owners„ officers and directors in
whose name this application is being made will not violate any of the ordinances of the Village of Mount Prospect or
Laws of the State of Illinois or of the United States of America in the conduct of the place of business described herein
and that the statements contained in this application are true and correct to the best of our knowledge and belief,
nintentional nsrei resentation submittedmay be cause of enial of the license
SUBS Ci IBED a d sworn to
Before me this day
Of p ,
20. .„; 1 "s m tur
CAROLYN ST HAMMER
w., a Official Seal
Notary Public - Statue of Illinois
Notary R10 0 My Commission Expires Sep 22, 2026
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ILLINOIS GAMING BOARD
• • JB Pritzker • Governor Charles Schmadeke • Chairmmv Marcus R Fruchter • Administrator
160 North LaSalle ! Suite 300 +- Chicago, Illinois 60601 T tel 312/814-4700 ♦ fax 312/814-4602
December 12, 2023
BIG FISH'S ICEHOUSE, LLC - 230701571
d/b/a BIG FISH'S ICEHOUSE
1501 FEEHANVILLE DR
MOUNT PROSPECT, IL 60056
Via email: cstrahammer@nicholasquality.com
Re: Video Gaming Establishment Annual License Certificate
On December 07, 2023, the Illinois Gaming Board adopted a motion to grant BIG FISH'S ICEHOUSE, LLC, d/b/a BIG FISH'S
ICEHOUSE, a Video Gaming Establishment License effective for a period of two (2) years expiring in December 2025. We have
received your $100.00 annual license fee. Your license certificate is enclosed.
Although you have been granted this license, you are not eligible to conduct video gaming until you complete the following (some
of which may already have been completed by your location):
• You must have entered into a written use agreement, which complies with Section 320 of the Board's Video Gaming
Rules, with a Licensed Terminal Operator; and
• The placement of Video Gaming Terminals in your location must adhere to Section 58 of the Video Gaming Act and
Sections 270 and 810 of the Board's Video Gaming Rules.
Please note, you are required to display your license certificate at your establishment. As a licensee, you have a continuing duty to
promptly disclose all changes in information provided in your application, including any ownership changes; Video Gaming
Manager changes; and arrests or criminal charges, regardless of the outcome.
Sincerely,
Marcus D. Fruchter
Administrator
EXCLUSIVE LOCATION AND VIDEO GAMING TERMINAL AGREEMENT+
4
2:
This Exclusive Location and Video Gaming Terminal Agreement (the or this "Agreement") entered into this;day or—
.........20,9j�-, by and between GOLD RUSH AMUSEMENTS, INC., an Illinois corporation ("Gold Rush"), and
("Establishment"). Gold Rush is an Illinois licensed
terminal —.pemw under Me Illinois Video Gaining Act (the "Act"), Gold Rush's nu ling address is 5277 Trillirn-n Blvd., Hoffman
Estates, IL 60192. Establishment holds Liquor License Number Aj�
and is or shall use all
corninerchilly reasonabic efforts to become an Ipinots Licenwcd ssta4aliwdarnca tender the AcC. Establishment's address is:
—
'ernises").
Goid Rush and Emarifistiment agree that during and throughout the term of this Agreonctit Goid Rush shall larva the sole and exclusive
right to provide Video Gaming Terillinals, Payout Devices, and all ancillary equipment (colteenvcly, the ""Gaming Property") to the
Establishment and the Premises, Establishment will allow 60d Rusll and its agents to access the Premises to instail, service, maintain,
repiace and remove tile 6arnint', Ptoperty. Establimllitera MR ullow Goid Rush to place the Gaining Properly in a prominent localitin
consistent with the Aar, the rules and regulations adopted thereunder, arid a"y writicn policy issued by dw I ' flino is Graving Boardas, may tic amended or adopted From time to firne (colIC-clivety, the "Video Coming Laws"). [Eslablishment shall have no
ownciship right in the Gaining property and GcAd RtNhshalt lurve the njulaterld right to remove or modify the number orVidco Griming
Terminals. EsUiblishment agrecs, that it wjtj nol, and will not permit any tbird party to (i) ahel., repair, irrodify, umitler with or ratcrtipt
to atter, repair or modify, tamper with any Gaining Proi-xnY, 00 ilitcrierc with tile operation of the Gaining Properly00 Move or
change the kwa6on of'the Gaining property; and (iv) tike nit rereronubte measures to provide ibr the proaper use and safely (ifffic Gaming
Property, Dainage to tire Gaining Properry caused in whole or fn part by E stab, isn"tein 01, any colployee, invitee, anstorner or patron or
Fstaietishoint shall be tire sole resporisibiloy oat Esb,adrlisdaaroiertt. rsaabliMuncra shall lac solely tosiMnsillIc for". (i) all damages to the
Gaping Pi opurty caused by any atternpred or compictcd burglary or robbery of the ristubhshmerjt, and, (ii') oil lost or stolen money trorn
the Gaming Property, unless such damages and/or first or stblen Money 8fc covered by "insurance, Gold Rush is not responsible forr (i)
any wcur and tear to the Pratoises caused by tire Gaining Property; or (4) tiabifity ca usod after the insaalhition or during the operation or
Gaining Property on the Prevniscs. Goid Rush stiaH keep tile Gailling NvIlerly in good working order in accordance with the generafly
acceptcd standards of the Strae ofilljoras, video girnt6ig indLlSlly.
Tbis Agreement is ctIcchve UiXar signing and Omit linve air initial term ending cigta (8) years (the "Term") fironi the date the Gaining
Property is insudied and becomes operational kir Public use (flit "Live Date"") in the Elstliblishment, E.stablishnicrit hereby acknowledges
and n8yees that it is prohibited l'roun negoliatkig or catering into at, agrecrocra wilit respect to the placenicat of Videt) Grinning Te-nnals,
oil tire promises wiar any Wier party prior to the expiration or the Tenn.
Net Terminal Income shall be split between Gold Rush and Establishment in accordance With the Video Gaming Laws.
'Mis Asreerrivit, or suirtmary of this Agreement may be filed or recorded by Goid Rush with any orlicial offlice designated by the skate
of 11tinois or its agents, This Agreement constitutes the citfire agrc<-,mcrlr or thc parties, supersedes any prior understantfintpi, whether
prat or written, relating to ttw, subject matter hereof and may, only he anuanted, modiflied or supplernertited by, a writing sign by ait oi'
the parties hereto. Capitalized terms used, but not otherwise defined, in this Agrecrocat shall have dwsame, means ascribed to ttictri in
the Video Gaming Laws.
Establishment represents and warrants to Gold Rush that Establishment has not executed, entered into or agreed to execute or enter into
any other agreement, written or oral, with respect to the itpacvnlralt of Vitko (guning "I'crrinnals in or at the l stataldslaiwtoant or Preivises.
F'siuMistuntan hereby indernnilics and holds harmless 60d Rush and cach or its
ass
. igns for any boss, cost or expenses
(including bot not lirnited to reasonable attorney's fees) sufr4red or incurred by such indeninilecs on account of breach ol'the lbrcgoing
representations and warranties,
This Agreement shall inure to the bener" of and tae binding opon the parties and their retq)ective heirs, saccessors and assigns. This
Aitiveroent shalt not terininate in the event of a gile of the F'suiblishment and/or the Promises, and a successor of the Establishment
and/or the Premises shaft be obfigatcd hereunder during the remaining term arm any renewat term or this Agrevivent, 'rice
uncrIbrecability or invalidity of any provision or provisions of this Agreement, sjjajl not rwjdcjany other provision or provisions
contained in this Agreement unenforceaW or invalid. Gold Rush filay nor assign anWor transfer this Agrectrient and its rights and/or
obligations hercurider except: (i) to another licettsed terminal operator; or 00 as may otherwise be permitted by the Video Gaining Laws,
Establishment will be released from any continuing contracitraf obligation to Gold ifusj, it, the event that Gord Rush hasits 4ccow
revoked (Pursuant to a final order of the 103 and the Video Gaming, Laws) or surrenders its license. rhis Agreinnent shall to,minate it'
air applicant for the Establishment is denied pursuant to a final 16B order or the dstatlalaslrina ri,t is not renowed pursuant to a rmid 1013
order.
All tirrticcs required or desired in be given under this Agrcernimushall be in writing and either delivered by: (i) via certifled mail return
receipt requested; or (ii) rn".,wnger or overnight courier service, to be addressed to the address of the party as stated above or to such
other address as either party Truly froin time to trine clesigntric by written notice to the other party.
'Ilic jxjnrics hereto hereby seweralty indemnity, laul hntaj jorrunoss the State ot'llfinois, the IOR and ilicit respective agents for any catise
or action, loss, cost or ca pause (including attorrrcy's Pecs) suffered or incurfed by surfs indcranitces on account or or arising under this
Agreement. The Parlics CMUV481Y acknowiedge that no inducement'vias rwrrerad m, accepted in exchange lbr the execution of'diis
Agreement or the placement or operalion Orflw property in the Establishment or Premises.
This Agreement is subject to the review and approval by the 1013. The parties agree to modify and amend this Agreement to the extent
necessary to comply with 1 change iit,jjbmom statutes;, JGJ,3 IWcs, art 1611 directive or order or any change in the Video Gaining Laws,
IN E 'S WHEREOF s)tT �t they are duly tri7ed and empowered to execute this Agreement on the day and year
first e� 0 a 4.
By: -I/— ,
Printed Na
Title:
Printed Millie:
Title:
Dointir Business As;
I acknowledge recer 0 fully executed copy of this Agreement.
1
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Item Cover Page
Subject 1st reading of an ORDINANCE AMENDING CHAPTER 13
(ALCOHOLIC LIQUORS) OF THE VILLAGE CODE OF MOUNT
PROSPECT. {This Ordinance will increase the number of Class
F -3-V licenses by (1) BIG FISH'S ICEHOUSE, LLC d/b/a/ BIG
FISH'S ICEHOUSE and decrease the number of Class F-3
licenses by one (1) BIG FISH'S ICEHOUSE, LLC d/b/a/ BIG
FISH'S ICEHOUSE located at 1501 Feehanville Drive Mount
Prospect, IL.}
Meeting February 20, 2024 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD
Fiscal Impact (Y/N)
Dollar Amount
Budget Source
Category MAYORS REPORT
Type Mayor's Report
Information
On December 7, 2023, the Illinois Gaming Board approved Big Fish's Icehouse, LLC. for a two-
year video gaming license expiring in December 2025. Staff from the Community
Development Department visited with Mr. Papanicholas and met with the representative from
the video gaming terminal operator to review the location and the site plan of the proposed
gaming area.
The attached submittal has been reviewed and approved by the Village Manager's Office. The
proposed video gaming layout includes six (6) gaming machines and one (1)
payment/disbursement/atm-type machine. To limit the gaming area to persons 21 years of
age and older, a permanent partition wall will be installed that separates the proposed gaming
area from the other areas of the restaurant. The partition wall will be 8'-0" tall to help obstruct
the view of the gaming area while still allowing the gaming area to be monitored by an
employee at all times. No lighting or sounds from the gaming machines shall be visible or
audible outside the gaming area.
A final inspection will be performed for any work requiring a permit after the installation of the
video gaming devices and 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 necessary 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 local license is
paid.
Discussion
Alternatives
1. Approve ordinance decreasing the number of Class
increasing the number of Class F -3-V license by on
2. Action at discretion of Village Board.
Staff Recommendation
F-3 liquor licenses by one (1) and
e (1).
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 six (6) State approved video gaming terminals and the change of liquor license classification
from Class F-3 to Class F -3-V.
Attachments
1. Big Fish Gaming Ordinance
2. Big Fish IceHouse
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 This Ordinance will increase the number of Class F -3-V licenses
by (1) BIG FISH'S ICEHOUSE LLC d/b/a/ BIG FISH ICEHOUSE and decrease the number of Class F-3
licenses by one (1) BIG FISH'S ICEHOUSE d/b/a/ BIG GISH ICEHOUSE located at 1501 Feehanville Drive
Dunt Prospect, IL. Said list is as follows:
Five (5)
Class P-1 License
Nine (9)
Class P-2 License
One (1)
Class P-3 License
Zero (0)
Class P-4 License
Zero (0)
Class P-5 License
Nine (9)
Class F-1 License
Two (2)
Class F -1-V License
Seven (7)
Class F-2 License
Six (6)
Class F -2-V License
Fifteen (15)
Class F-3 License
Twelve (12)
Class F -3-V License
One (1)
Class F -4-V 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
Two (2)
Class S-2 License
Zero (0)
Class S-31-icense
Zero (0)
Class S-41-icense
One (1)
Class S-5 License
Two (2)
Class S-6 License
One (1)
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
Mayor
ATTEST:
Village Clerk
2024.
Class
Establishment Number
P-1
Cardinal Wine & Spirits; D&H Liquors; Jay Liquors; Jenny's Liquors;
Mount Prospect Liquors & Tobacco;
5
P-2
Caputo's Fresh Market; Costco; Fiesta Market; KD Market; Osco Drug Store;
9
CVS Pharmacy; Walgreens #00209 (Kensington); Walgreens #05107(Elmhurst);
Wal-Mart #1681
P-3
Aldi;
1
P-4
0
F-1
Chung Wa 827; Honey Biscuit; Izakaya Sankyu; LePeep Cafe; Los Arcos;
9
MI Restaurant; Mr. Kimchi Korean BBQ; New Pusan Restaurant; Pueblo Viejo;
F -1-V
La Presa; Salerno's Pizzeria and Eatery
2
F-2
Buona; E -Sushi; Misoya Chicago; MOD Pizza; Sakae Restaurant; Trilokah
7
Wingsnob
F -2-V
Avanti Cafe and Sandwich Bar; Jelly Cafe; Heffy Hot Dogs; Mr. Beef & Pizza;
6
Rosati's Pizza; Tortas Locas
F-3
Balkan Taste; BlackFinn —Randhurst Grille; Buffalo Wild Wings Grill and Bar;
15
Fellini Restaurant & Pizzeria; Hacienda EI Sombrero; Lady Dahlia Tequila Bar;
Mia's Cantina; Mr. Kimchi Korean BBQ; Mount Prospect Public House;
Outback Steakhouse; Summertime; Tavern on Elmhurst; Texas Road House;
The Prospect; Trezero's;
F -3-V
Big Fish's Icehouse; Canta Napoli; Draft Picks; Emerson's; Jameson's Charhouse;
12
Langostino's Nayarit; Moretti's; Mrs. P & Me; Pap's Ultimate Bar & Grill; Salsa
Street; Station 34; The Red Barn;
F -4-V
Prospect Moose Lodge
1
F-5
Emerald Banquets; Olive Palace; 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
Salerno's Pizzeria & Eatery& Whiskey Hill Brewing & Kitchen
1
S-1
Hampton Inn & Suites
1
S-2
Bowlero; Golf Factory
2
S-3
0
S-4
0
S-5
AMC Randhurst 12
1
S-6
Amethyst Skye; Lumi Studio & Shoppe
2
S-7
Northern Fork
1
S-8
Two Eagles Distillery
1
82