HomeMy WebLinkAbout4.3 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) SVNA, LLC.d/b/a/ MOUNT PROSPECT PUBLIC HOUSE and decrease the number ofM+awn �'xyt�lts�=e
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) SVNA, LLC.d/b/a/ MOUNT PROSPECT
PUBLIC HOUSE and decrease the number of Class F-3 licenses
by one (1) SVNA, LLC d/b/a/ MOUNT PROSPECT PUBLIC
HOUSE located at 18 W. Busse Mount Prospect, IL.}
Meeting October 1, 2024 - REGULAR MEETING OF THE MOUNT PROSPECT
VILLAGE BOARD
Fiscal Impact (Y/N)
Dollar Amount
Budget Source
Category MAYORS REPORT
Type Action Item
Information
The Mount Prospect Public House submitted an application for an F-3 liquor license in October
2023 and was granted a license upon opening in February 2024. A request for early gaming
was granted by the Liquor Commissioner in August 2024 and on September 12, 2024, the
Illinois Gaming Board approved Mount Prospect Public House for a two-year video gaming
license expiring September 2026. Staff from the Village Manager's Office and Community
Development met with the owner, Mr. Nick Apostolopoulos, and a representative from the
video gaming terminal operator to review the site plan of the proposed gaming area.
The submittal was reviewed and approved by the Village Manager's Office. The proposed video
gaming layout includes six gaming machines and one payment/disbursement/atm-type
machine. To limit the gaming area to persons 21 years of age and older, a permanent wall will
be installed, creating a room next to the bar, allowing the gaming area to be separate from
the restaurant seating yet monitored by an employee at all times. The separate room created
meets ADA accessibility and fire code egress requirements. Any clear outside windows that
allow the video gaming terminals to be visible shall be obscured by dark window tinting or
vinyl covering to comply with section 13.204.1(e) of the Village Code. No lighting or sounds
from the gaming machines should be visible or audible outside the gaming area.
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 an ordinance decreasing the number of Class F-3 liquor licenses by one (1)
and increasing the number of Class F -3-V licenses by one (1).
2. Action at the discretion of the Village Board.
Staff Recommendation
Both the business owner and the proposed video gaming consultant have been cooperative
and intend to comply with all Mount Prospect ordinances and codes. Staff recommends the
placement of six state -approved video gaming terminals and the change of liquor license
classification from Class F-3 to Class F -3-V.
Attachments
1. Mount Prospect Public House
2. Gaming application
3. Public House Mount Prospect layout
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) SVNA, LLC d/b/a MOUNT PROSPECT PUBLIC HOUSE and decrease the number of Class "F-3"
licenses by one (1) SVNA, LLC d/b/a MOUNT PROSPECT PUBLIC HOUSE located at 18 W. Busse,
Mount 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
One (1)
Class F -1-V License
Six (6)
Class F-2 License
Six (6)
Class F -2-V License
Sixteen (16)
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
Two (2)
Class S-1 License
Three (3)
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
ATTEST:
Village Clerk
day of 12024.
Mayor
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;
1
F-2
Buona; E -Sushi; Misoya Chicago; MOD Pizza; Sakae Restaurant; Trilokah
6
F -2-V
Avanti Cafe and Sandwich Bar; Jelly Cafe; Mr. Beef & Pizza;
6
Rosati's Pizza; Tortas Locas; Wingsnob
F-3
Balkan Taste; BlackFinn —Randhurst Grille; Buffalo Wild Wings Grill and Bar;
16
Fellini Restaurant & Pizzeria; Hacienda EI Sombrero; Hong Dae; Khepri
Kitchen +Coffee; Lady Dahlia Tequila Bar; Mia's Cantina;Mr.Kimchi Korean
BBQ;Patina Wine Bar; 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; Mount Prospect Public House; Mrs. P & Me;
Sports Shack; 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
Four Points by Sheraton Mount Prospect; Hampton Inn & Suites
2
S-2
Bowlero; Golf Factory; The Picklr
3
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
83
VILLAGE OF MOUNT PROSPECT
VIDEO GAMING ENDORSEMENT APPLICATION
INSTRUCTIONS
Before•ur application can • - processed, r • •lete the following requirements. Any supplemental
information indicated below must be attached to this application at the time of delivery to the Village Manager's
Office.
9 A current, valid Business License is required. Business license number: BL23-000377
A current Liquor License is required. Liquor License number: LL23-000040
[Z
Copy of signed agreement with Licensed Terminal Operator.
A copy of State Gaming license including all documentation issued by the State of Illinois and the Illinois Gaming
Board evidencing the valid and current licensure of all video gaminq 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. A scaled drawing of terminal placement will need to be submitted with application.
Please note that any alterations to the building 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 for each Video Gaming Terminal as
prescribed by Appendix A of the Village of Mount Prospect Municipal Code. The annual fee will coincide with the
renewal of liquor license each year, Terminal numbers must be included in this application.
A final building permit inspection is required by the Village for any permitted work. In addition, before any
C
video gaming device is approved for operation to the public, a final inspection of the installed device(s) by the
Village Manager's office is required to approve the gaming license.
Please note all applications must have Village Board approval. The Village Board meets the first and third
Tuesday of each month.
ANSWERS MUST BE ACCURATE AND COMPLETE., FURNISHINGINCORRECT OR MISLEADING
INFORMATION SHALL BE CAUSE FOR LICENSE REVOCATION. IT IS YOUR SOLE RESPONSIBILITY
TO ASCERTAIN THE VERACITY OF YOUR RESPONSE. A CLAIM THAT ANSWERS WERE GIVEN TO
THE BEST OF THE ANSWERER'S KNOWLEDGE WILL NOT BE CONSIDERED A DEFENSE TO
REVOCATION,
APPLICATION DATE 9/25/2024
1. APPLICANT
Name:
Sam G. Vardalos Nick A ostolo oulos Cell Phone 630-675-7075
Business Name:
Business Address:
location of videogaming) 18 W Busse Ave
Business Phone:
847-754-4662
Corporation Name:
E -Mail: MPPUBLICHOUSB@GMAIL.COM
Business Web site:
11. VIDEO GAMING TERMINAL OPERATOR INFORMATION
Business Name: Hyper Active Gaming LLC
Cell
Sales Representative: Phone: 847-651-5482 Dave Van Dusen
Business Address: 980 Carnegie St
City, State, Zip: Rolling Meadows, IL, 60008
Business Phone: 800-517-2620
E -Mail dave@hyperactivegamingnet
Business Web Site: www.Hyperactivegaming.net
VIDEO GAMING ADDITIONAL•' •
Number of gaming terminals to Be— operated:
Serial number for machines:
1. 2. 3.
4. 5.
Does applicant business have or will have a security alarm? Yos - No
Note a building permit is required to install a secyd alarm
Name of alarm company: Sen Security LLC
Does applicant business maintain a surveillance camera on video gaming machines: Y#6 • No
Note surveillance camera should be high resolution and must maintain 30 davs of video retention
AFFIDAVIT
State of Illinois)
County of Cook) SS
The undersigned swear (or affirm) that the person or business entity, including its owners, officers and directors in
whose name this application is being made will not violate any of the ordinances of the Village of Mount Prospect or
Laws of the State of Illinois or of the United States of America in the conduct of the place of business described herein
and that the statements contained in this application are true and correct to the best of our knowledge and belief.
(Any intentional misrepresentation submitted ma be cause of denial of the licenser
SUBSCRIBED and sworn to
Before me this Zr2__ day
Of 'ah -4
202_. Signature
MUSA NAHHAS
official Seal
Notary Public ( Notary Public - state of Illinois
Expires Apr 5, 2026
My commission
�N
160 North LaSalle t- Suite 300 t6 Chicago, Illinois 60601 IV tel 312/814-4700 ♦ fax 312/814-4602
September 13, 2024
SVNA LLC - 240700679
d/b/a MOUNT PROSPECT PUBLIC HOUSE
18 W BUSSE AVE
MOUNT PROSPECT, IL 60056
Via email: MPPUBLICHOUSE@GMAIL.COM
Re: Video Gaming INVOICE - Establishment Annual License Fee
On September 12, 2024, the Illinois Gaming Board adopted a motion to grant SVNA LLC, d/b/a MOUNT PROSPECT PUBLIC
HOUSE, a Video Gaming Establishment License effective for a period of two (2) years expiring in September 2026, pending
receipt of your annual license fee payment. Per Section 9 of the Riverboat Gambling Act, you will not be issued a license until you
pay the annual fee. Pursuant to Section 45 of the Video Gaming Act, the $100.00 license fee is due by October 31, 2024. Per the
Board's motion, you will not be licensed if payment is not received by this date.
IGB strongly recommends credit card and eCheck payments rather than payments made through the mail. Credit card and eCheck
payments may be made online. Do not send credit card information through the mail. The fee may also be paid by personal check,
business check, cashier's check or money order payable to the "Illinois Gaming Board." Do not send cash. Please write your
Illinois Gaming Board license number 240700679 on your payment or include a copy of this email with your remittance. The fee
must be received by October 31, 2024 at the following address:
Illinois Gaming Board
Attention: Revenue Accounting
801 South Seventh Street, Suite 400 South
Springfield, Illinois 62703
Your license certificate will be sent to the email address referenced above after your fee has been processed.
If you have any questions regarding this notice, please contact the Illinois Gaming Board's Revenue Accounting Unit at
IGB.RAU@.illinois.gov. or (217) 524-0226.
Sincerely,
Marcus D. Fruchter
Administrator
� t 1
Hyperactive Gaming, LLC — 100600583
980 Carnegie Street
Rolling Meadows, H, 60008
License No: 100600583
Date Issued: 06/16/2022
Expiration Date: 05/2026
This certifies that the entity listed above is hereby issued a Video Gaming
Terminal Operator License as authorized by Illinois Gaming Board
Adopted Rules. All Video Gaming Terminal Operator licensees are
subject to, and must abide by, all provisions of the Video Gaming Act and
Illinois Gaming Board Rules.
Marcus D. Fruchter
Administrator
Make A Payment - Receipt - Illinois:
Illinois Gaming Board
Thank You for Your Payment
Approved
9/13/2024 1:37 PM Central
Standard Time
AYCustomer Name Sam Vardalos
Effective Date
9/13/2024
Approved 20071473
EXCLUSIVE„ LOCATION AGREEMENT
"?,�1r -113THIS AGREEMENT' is entered into this clay of , 20?2 (this "Agreement"),
by and between HYPERACTIVE GAMING, L�a tnitcd It ��ty ompany duly organized under
the laws oftheState of Illinois ("Operator"") and �� rz ��/+K ("Establishment"), a
_ ...........�.�_w ---------------------------- ....... _duly organized under the
laws of the State of Illinois.
WHEREAS, Operator and Establishment wish to enter into a business relationship for the
placement and operation of Video Gaming Terminals ("VGTs") and a payout device at the Establishment's
location known as (dba) t � f lo3 ee �r. t 7 located at
+. +" t'�t— (t c "Location"). Operator has entered into a financing arrangement
with American Commercial Bank & Trust (together with its designees, successors and assigns in
accordance with the Act (as defined below), the "Registered Lender") in connection with which the
VGTs have been pledged as collateral, and in connection therewith, the Registered Lender has filed a
Video Gaming Terminal Collateral Lender Registration Form with the Illinois Gaming Board ("IGB") as
required by Section 930 of the Adopted Video Gaming Rules,
NOW, THEREFORE, the parties hereby covenant, warrant, represent and agree as follows:
1, lwxclusive Atreetrteq. Establishment agrees that during the Term, Operator shall have the
exclusive right to place or operate VGTs and a payout device in the Location.
2. 1-p—et~g—tor"s„µt rw,(ggat rls. As a licensed Terminal Operator by the Illinois Gaming Board ('"IGB'"),
and in addition to its other obligations under the Illinois Video Gaming Act and the rules and regulations
promulgated thereunder (together, the "Act") or otherwise set forth in this Agreement, Operator shall:
A. provide up to six (6) VGTs, a payout device and other ancillary equipment in the Location.
B. provide routine maintenance and repair services to the VGTs, payout device and ancillary
equipment to keep them in good working order.
C. perforin the required machine accounting and reporting functions, including collecting the
money from the VGTs. Operator reserves the right to remove or modify the number of VGTs based
on revenue performance.
D. create and maintain a separate bank account used solely for the deposit of revenues
generated from the play of VGTs (the "Account") and deposit revenues generated from the play of
VGTs in the Account.
E. report and remit to the IGB the percentage of Net Terminal Income owed to the State of
Illinois within 15 days after the 15" day of each month and within 15 days after the end of each
month.
F. keep a record of Net Terminal Income as required by the IGB.
G. obtain and install the hardware, software and related accessories necessary to connect the
VGTs to the central communication system ("CCS").
H. securely affix a registration tag issued by the 1GB on each VGT.
«
0
f,a„rodre. ccf�w '"V,rpY't�`ra7�rvr/ax;Nr.;:r�.'flweMln«y�R:''d';:,.ti"m,w�vr.«rwa�u�wk.�s��Na�wwzwXE,«.wW(m(ak7an.h,'ti'a«dMw uafire'°
I. provide gaming signs and banners, split ATM fees 50/50, pay for 50% of monthly alarm
services, and split other initiatives allowable by the IGB ie marketing, mailers, billboards, Please
refer to Amendment A.
3. st l�lllt }l;pgltt� (g tfig4 . Upon the Establishment being licensed by the IGB, and in addition
to its other obligations under the Act or otherwise set forth in this Agreement, Establishment shall:
A. provide a secure premises for the placement, operation and play of VGTs, and prevent
persons who are under 21 years of age or visibly intoxicated from accessing the gaming area or
playing the VGTs.
B. ensure that the gaming area entrance is within view of an employee who is at least 21 years
old.
C. promptly notify Operator of any needed repairs or maintenance to the VGTs or the payout
device.
D. notwithstanding anything herein to the contrary, be responsible for repairs necessitated due
to the negligence or willful misconduct of Establishment or its customers.
E. provide Operator with access to the premises at all times during Establishment's business
hours to install, service and replace VGTs, the payout device and ancillary equipment and collect .
money.
F. prevent VGTs, the payout device, site controllers for the CCS, or other hardware, software
or related equipment from being removed, damaged or destroyed.
G. ensure that all connections with the CCS are at all times maintained and prevent any person
from tampering or interfering with the approved, continuing operation of the CCS. 5
4. Term.Jer►pina iQn. The initial terns ofthis Agreement shall be for a period ot'`tig*48t (the
"Initial Term") and will commence on the date one or more VGTs are first operated at the Location. The
Initial Term shall be collectively referred to herein as the "Term." Upon termination of the Agreement,
Establishment will immediately discontinue use of the VGTs, and Operator will have the right to
immediately remove the VGTs and all ancillary equipment from the Location.
5. TAxq,% D tennination and Divi&n n ofM Net °Perming. Illrtcome. Pursuant to the Act, a tax is imposed
on Net Terminal income and collected by the IGB. The remainder of the Net Terminal Income will be split
equally between the Operator and the Establishment in accordance with the Act. In addition, the IGB
requires that the CCS fee (currently .8513%) of Net Terminal Income) and any per VGT fee imposed by a
municipality be shared equally between the Operator and the Establishment. Such splitting of Net Terminal
Income shall not be construed as creating any partnership, joint venture or agency relationship between the
Operator and Establishment. Operator shall have the right to deduct from the Establishment's share of Net
Terminal Income any costs or expenses to be borne in whole or in part, or payments to be made, by
Establishment hereunder.
6. ,)�n��t(m, „pntp,�,. Each party shall obtain the applicable IGB license prior to supplying,
installing or accepting any VGTs or payout device and shall maintain its respective IGB license during the
Term. Establishment represents and warrants that it has valid liquor licenses and covenants that it shall
maintain said licenses and all other required permits and licenses in good standing at all times during the
Term.
-Cq!11,pTice with IGI'1,. The parties agree to comply with the Act and all IGB requests.
8. t ��pagrat. This Agreement shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, personal representatives, successors and permitted assigns. Operator may not
assign or transfer its rights and/or obligations hereunder except (a) to another licensed terminal operator, or
(b) as may otherwise be pennitted by the Act. Operator shall provide Establishment with notice in the event
of an assignment of this Agreement_ Establishment shall not assign this Agreement without Operator's
980 Carnegie Drive. * Rolling Meadows, IL 60008 * Toll Free: 800.517.2620 * Fax: 847.537.9829
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written consent, which may be withheld in its sole, but reasonable, discretion.
9. Remedies. Establishment acknowledges and agrees that any breach or threatened breach by
Establishment hereunder will cause immediate irreparable injury to Operator for which monetary damages
may not provide an adequate remedy. As such, in the event Establishment breaches any of the provisions
of this Agreement, in addition to Operator's right to tenninate the Agreement by written notice to the
Establishment and all of Operator's other rights and remedies at law or in equity, Operator shall have the
right to injunctive or other equitable relief, including the right to have this Agreement specifically enforced
by a court of competent jurisdiction.
10. C)r ragl i r j ra and Encumbrances. Establishment acknowledges that the machines and
equipment herein specified, or hereafter acquired and placed on the premises by Operator, shall remain the
property of Operator (or of the Registered Lender) at all times, and Establishment shall not pledge the machines
or equipment as collateralsecurity to any lender or other third party, nor cause any lien or encumbrance
whatsoever to be filed against such property, nor in any manner interfere with Operator's right, title and
interest in such property or any right, title and interest in such property that may be held by Registered
Lender. Establishment acknowledges that Registered Lender (at its own expense) may, in accordance with
the Act and the financing documents along with the consent of the IGB, access the premises during
Establishment's business hours to remove the VGTs (including any ancillary equipment).
11. Indemnification. The parties hereto shall indemnify, defend (with counsel reasonably acceptable to
the indemnified parry): protect and hold the other party harmless from and against any and all costs,
liabilities, damages, claims, liens, encumbrances or causes of action (including without limitation
reasonable attorney's fees) incurred by the indemnified party as a result of any act or omission of the
indemnifying party, including, without limitation, the indemnifying party's (a) breach of this Agreement,
(b) violation of any law or regulation relating to VGTs or payout device, or (c) gross negligence or willful
misconduct. Such indemnification obligation shall survive any termination or expiration of this Agreement.
12. tt1� ec nattti_ . qts grg,rterlaili . Each party hereto represents and warrants
that its execution and performance of this Agreement will not constitute a default or breach of any other
obligation of said party or of any other agreement by which said party is bound. This Agreement merges
all prior negotiations, interpretations and oral or written agreements between the parties and contains the
entire agreement between the parties with respect to the subject matter hereof and may only be amended,
modified or supplemented by a writing signed by both parties hereto. If any portion of this Agreement
violates any law, or for any reason shall be deemed unenforceable, it shall not affect the remainder of this
Agreement. If during any term of non -licensure by either party this Agreement or any part thereof is found
invalid or illegal, this Agreement shall in whole or material parts be construed as an enforceable, binding
and exclusive letter of intent for the parties and their assignees as to this Agreement and the placernent of
VGTs at the Establishment.
13, Binding- Effect. All covenants, representations, warranties and other provisions contained herein
shall inure to the benefit of and be binding upon the heirs, successors and permitted assigns of the parties.
14. Authority. Each party represents and warrants that the execution, delivery and performance of this
Agreement by said party has been duly authorized and approved, will not violate its organizational
documents, and that this Agreement shall be binding on said party in accordance with its terms.
15. L4%: ul PAT ! .�jf f ontrgc.L/$Ayjg Clausq. In the event the State or any other governmental
authority shall make illegal a specific business activity or purpose contemplated by this Agreement, that
activity or purpose shall become null and void as of the effective date of such law, but only to the extent
such activity or purpose is illegal. This Agreement shall be modified by the parties hereto as may be required
to comply with statutory or regulatory requirements which may change from time to time. Operator and
Establishment each hereby agree to hold harmless the State of Illinois, the IGB and their respective agents
for any cause of action arising out of this Agreement, including, without limitation, any damages suffered
by the parties hereto from the loss of any or all operations in any municipality which "opts out" under the
Act and disallows the subject gaming activities.
16. !2ql , pgJj0dil; s. All capitalized terns not otherwise defined herein shall have the meanings
980 Carnegie Drive. " Rolling Meadows, IL 60008 * Toil Free: 800.517.2620 * Fax: B47.537.9829
www.hyperactivegaming.net
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u �"nh arr,;. 7" ,.iu>w �n�� � �
�a»w.�.,��:,,�i����u��,�,,,�r�,�f ��.,�����h��r��w,.��.w,����nr�>rvm
ascribed to them in the Act. The headings set forth in this Agreement are inserted only as a matter of
convenience and for reference, and do not define, limit or describe the scope of this Agreement, nor the
intent of any provision hereof.
17. Ndices. All notices shall be deemed duly served (a) on the date sent if delivered by hand, (b) one
(1) day after the date deposited with an overnight delivery service, (c) on the date transmitted if delivered
via facsimile, or (d) on the date received or the date upon which receipt is refused, if sent by registered or
certified U.S. Mail, postage prepaid, return receipt requested. All notices shall be addressed to the intended
recipient at the address for said party set forth at the bottom of this Agreement, or such other address as
such party may designate in writing.
18. ff otl tpharts;, Fa&Jjignaturcs. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the same agreement.
Fax or e-mail signatures of this Agreement shall be treated as originals.
19. rNofficable Law; V'enu . This Agreement shall be governed by and construed in accordance with
the laws of the State of Illinois, excluding its conflicts of law provisions. Any dispute arising from or related
to this Agreement shall be brought in a court of competent jurisdiction in Cook County, Illinois.
20. iC�.i A a rr r tai, w evocationr S rrpg0 1hicense. Each party agrees to promptly submit the
Agreement as part of its respective license application. The parties understand that this Agreement may
need to be amended from time to time in order to comply with the requirements of the IGB and/or changes
to the Act and agree to execute such amendments accordingly. In the event that Operator has its IGB license
revoked or surrenders its license, Establishment shall not have any further contractual obligation to Operator
hereunder. In the event that Establishment has its IGB license and/or liquor license suspended or revoked,
Operator shall have the right to terminate this Agreement effective immediately and to remove all VGTs
and other equipment from the Location.
21. l' o lnducrinent or�C;'ot Coercion. Each party affirmatively states that (i) no inducement has been offered
or accepted regarding the placement or operation of VGTs or a payout device in the Establishment and (ii)
it has not been coerced to enter into this Agreement.
[Signature Page Follows]
980 Carnegie Drive. ` Rolling Meadows, 1L 60008 * Toll Free: 800.517.2620 * Fax: 847.537.9829
www.hyperacLivegamiiig.net
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date, day and year first above
written.
HYPERACTIVE GAMING, LLC
"OPERATOR"
:.... _, =- .....:..._ ..M.....-.._____ .............
Printed Name: Gregor Y' urovskv
..President
Sales Agent: ww_.�1[! ..v� .'...
Address for Notices:
HYPERACTIVE GAMING, LLC
980 CARNEGIE STREET
ROLLING MEADOWS, IL 60008
PHONE: (800) 517 - 2620
FAX: (847) 537 - 9829
4852-5892-3784, v. 15
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"ESTABLISHMENT"
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Printed Name:_gl
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Location Phone #
Contact Phone # C-?_, U 01 1)-- -7-7-7
E -Mail Address: MuL
Fax
State Liquor License #
Effective Date:
City/Village Liquor License #
Effective Date:
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980 Carnegie Drive. * Rolling Meadows, IL 60008 " Toll Free: 800.517.2620 " Fax: 847.537.9829
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