HomeMy WebLinkAboutOrd 5761 09/15/2009
ORDINANCE NO. 5761
AN ORDINANCE CONCERNING THE ILLINOIS VIDEO GAMING ACT
Passed and approved by
the President and Board of Trustees
the 15th day of September, 2009
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 16th day of September, 2009
ORDINANCE NO. 5761
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, 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.
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, and
approval 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.
ORDINANCE NO. 5761 page 2
AYES:
NAYS:
ABSENT:
Hoefert, Juracek, Korn, Matuszak, Polit, Zadel
None
None
PASSED and APPROVED this 15th day of September, 2009.
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M. Lisa Angell .
Village Clerk
H:\CLKO\WIN\ORDINANCE2\Video Gaming Ordinance 2a.rtf
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Mayor