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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 AA��1 �✓j{ �w 4 www.h�ypera,cLivegamin�g.net IJi Lk ,!+,; �r;N� F.�, 'MMUI 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 u ,•.��^wa rrr ,.w;rr- r., . J F Y M T �r 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 Sx �v�"I,�p,; y"�p� .Iµ"'a ,uw »w aX "rm;M'pJ,W" ,"°y°.,9Gy� 2 i „', uw",p�,d `'v„bpa xr > rrW^uz,a m.. ,J,,p"m&",ark^« r ✓ w.Y'ar �v'.,aa»re r �nW,r�.��' r,� ,�M�„ ,$7M �,�pr ,Y .Llivry{r?niw� N4�i63Y"Fu "�i:Ll'w u, M.tle,4aMw�SV:S'W,'^„uw�4ir:rtdjr�C;J;h'Pk�c'✓'ll,Yn,.iox5"va arlYAn.i�Gfid4,,Rl"�iw,wi'rw.".�rrl.'!rr.r{T55MimiluP3af�rMu',f+MrRk� 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 Avv7- bpel;l�cz: L 6� &n I.,,r "ESTABLISHMENT" y:........... t Printed Name:_gl Its: _....._.^�.��: 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: Atidwts It Notw 980 Carnegie Drive. * Rolling Meadows, IL 60008 " Toll Free: 800.517.2620 " Fax: 847.537.9829 www.hyperactiveganiing.net Gaa'^li„a@�,�'�;��'„,«w��<, raga'ua”ul'£��'.r.4r.4i��.,k9,Mn�i��A:,a".,�.;r:,�'a'w";„:��".,.���d �n�a61��.,.�'.wd.,,a,.r.^a„a'�r��M ",.,w"„,Lw�;u�w.rww �'�w,,.., a,.+✓"a'�r��dr7., w..w,,,C, �.�, .,, ..o a �"e.k ,.r„ " n-°.�.,�.?m ..r,.„^",� P. �r „�W�;,/r 'Y F Y'�`,, ,.�s�.", ir, O >m 00 di LO rl�l O O O O O O J � _ O U N N 44: Q U O � � N � J � m O � I Wmwo UtA m mm I � N Ca O to E O W m O _0 O O Ca --6 >O OUcn N b= OV U) � E O r N Uco co E N N U _ E i O C6 O