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An Ordinance Adopting Amendments to Chapter 43 (Fee Schedule) and Chapter 112 (Alcoholic Liquors) of the Village Code of Ordinances
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WHEREAS, it is the responsibility of the Corporate Authorities to periodically review and assess the fees and charges associated with the provision of Village services by the various departments of the Village; and
WHEREAS, as a result of such periodic review and analysis, the Village has determined that certain of the fees for services rendered by the Village are in need of revision to better reflect and recover the costs associated with the provision thereof, or are in need to reflect the periodic revisions made to the underlying provisions of the Village Code of Ordinances to which the same pertain.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Section 43.01(C). All those heretofore adopted Village Ordinances codified as and for Section 43.01(C) shall hereby be amended by the addition of the following text to be codified as and for a new Section 43.01(C)(9):
(9) Video Gaming Terminal Operator/Distributor - Includes any business engaged in providing, placing or supplying video gaming terminals to liquor licensees within the Village that hold video gaming endorsements, which shares video gaming terminal revenues with liquor licensees holding video gaming endorsements. The annual fee is imposed in the exercise of the Village’s home rule authority and is expressly not imposed or adopted pursuant to the Video Gaming Act, 230 ILCS 40/1 et. seq., and shall not be subject to proration. A Video Gaming Terminal Operator/Distributor that provides, places, or supplies video gaming terminals for any liquor licensee shall be charged an annual business licensee fee of $2,500.00 per each licensed premises where such Video Gaming Terminal Operator/Distributor provides, places or supplies video gaming terminals, provided, however, that if the liquor licensee is also engaged in the sale of fuel for motor vehicles, including but not limited to diesel fuel, the annual business license fee in such a case shall be $3,000.00, per each licensed premises where such Video Gaming Terminal Operator/Distributor provides, places or supplies video gaming terminals. The fee imposed by this Section 43.01(C)(9) shall be imposed on a calendar year basis, and the fee for a given calendar year shall be due and payable on or before December 31 of the preceding year.
SECTION 3: Amendment to Section 43.01(L)(21). All those heretofore adopted Village Ordinances codified as and for Section 43.01(L)(21) shall hereby be amended to read as follows:
(21) Video gaming terminal location endorsement fee shall be $250 per terminal per year, except that in the case of a video gaming terminal is located within a licensed truck stop establishment, the video gaming terminal location endorsement fee shall be $500 per terminal per year. In either case, the annual video gaming terminal location endorsement fee shall be born equally by the holder of the video gaming terminal endorsement(s) and the person or entity licensed by the State of Illinois as the video gaming terminal operator with respect to the video gaming terminals placed at the licensed premises, with each party being responsible for payment of half of the applicable annual video gaming terminal location endorsement fee. In addition, in the case of any application for any new or initial video gaming terminal location endorsement, the licensee making such application shall pay to the village an application fee in the amount of $500.
SECTION 4: Amendment to Section 112.33A(D). All those heretofore adopted Village Ordinances codified as and for Section 112.33A(D) shall hereby be amended to read as follows:
(D) Video gaming terminal location endorsements.
(1) Subject to the requirements and limitations set forth in division (D)(2) below, a video gaming terminal location endorsement may be issued to the holder of a Class A, Class B, Class C, Class D, Class E or Class P license that holds a current and valid license from the State of Illinois and/or the Illinois Gaming Board pursuant to the provisions of the Video Gaming Act (ILCS Ch. 230, Act 40, §§ 1 et seq.) and the provisions of applicable regulations promulgated from time to time by the Illinois Gaming Board permitting the holder to operate one or more video gaming terminals within the licensed premises. All applicants for a video gaming terminal location endorsement must at all times offer or have available a selection of food and nonalcoholic beverages prepared to customer order on the licensed premises, and for immediate consumption by the customer on such premises. A separate video gaming terminal endorsement shall be required to be issued for each video gaming terminal sought to be operated from within the licensed premises. For purposes of the enforcement of the provisions of this chapter (including but not limited to the taking of any action by the Local Liquor Control Commissioner pursuant to § 112.51), any violation by a licensee holding one or more video gaming terminal location endorsements of any provision of the Video Gaming Act, the regulations promulgated thereunder by the Illinois Gaming Board, or any provision of any village ordinances applicable to the licensee's conduct of business (including but not limited to the provisions of Chapters 113 and 159 of this Code, and the provisions of any special use permit issued to the licensee or with respect to the licensed premises) shall be deemed to be a violation of this chapter. No licensee under this chapter may apply for, receive or hold more than six video gaming terminal endorsements at any time. Licensees applying for new or initial video gaming terminal location endorsements shall make application in such form as shall be from time to time prescribed by the Local Liquor Control Commissioner, and shall be subject to an application fee as provided for in Chapter 43 of the Village Code of Ordinances. The annual fee for a video gaming terminal location endorsement shall be $250 per terminal per year, except that in the case of a video gaming terminal is located within a licensed truck stop establishment, the video gaming terminal location endorsement fee shall be $500 per terminal per year. In either case, the annual video gaming terminal location endorsement fee shall be born equally by the holder of the video gaming terminal endorsement(s) and the person or entity licensed by the State of Illinois as the video gaming terminal operator with respect to the video gaming terminals placed at the licensed premises, with each party being responsible for payment of half of the applicable annual video gaming terminal location endorsement fee. In addition, in the case of any application for any new or initial video gaming terminal location endorsement, the licensee making such application shall pay to the village an application fee in the amount of $500.
(2) Restrictions and limitations on the issuance of certain video gaming terminal location endorsements.
(a) As of the date on which the village adopts the ordinance providing for the creation of this division (D)(2)(a), there shall be a limitation on the number of video gaming terminal locations endorsements issued to holders of Class A, B, C, D, E and P licenses, with the initial number of such video gaming terminal location endorsements available being equal to the then-existing number of video gaming terminal locations endorsements issued to then-existing Class A, B, C, D, E and P licensees. For clarity and the avoidance of doubt, no video gaming endorsements have been issued to Class E licensees as of the date on which the Village adopted the ordinance creating this division (D)(2). Notwithstanding any contrary provision of this Chapter, no Class E licensee that does not qualify as a licensed truck stop establishment under the Video Gaming Act , 230 ILCS 40/1 et. seq shall be eligible under this ordinance to apply for or receive a video gaming terminal location endorsement. Class A, B, C, D, E or P licensees holding video gaming terminal location endorsements as of the date on which the village adopts the ordinance providing for the creation of this division (D)(2) shall be entitled to continue to renew such video gaming terminal location endorsements as they may then hold, subject to ongoing compliance with the otherwise applicable ordinances. In the event that any Class A, B, C, D, E or P licensee shall for whatever reason fail to renew any video gaming terminal location endorsements then held, the number of such nonrenewed video gaming terminal location endorsements shall be subtracted from the number of video gaming terminal location endorsements otherwise available under this division (D)(2)(a), provided, however, that the Board may from time to time vote to make available and permit the issuance by the Local Liquor Control Commissioner of such endorsements to new applicants for such endorsements up to a total amount of such endorsements equal to the number of such endorsements issued and in existence as of the date on which the Board adopts the ordinances creating this division (D)(2)(a), and the holders of such video gaming terminal location endorsements shall be exempt from complying with the financial revenue standards set forth in division (D)(2)(b) of this section.
(b) After the issuance of that number of video gaming terminal location endorsements equal to the number of such endorsements issued and in existence as of the date on which the Board adopts the ordinances creating division (D)(2)(a) of this section, the number of additional video gaming terminal location endorsements available for issuance shall be as set forth from time to time by duly adopted village ordinance, provided, however, that such video gaming terminal location endorsements shall only be available for issuance to holders of Class A, B, C, D or E licenses who demonstrate in their written application for video gaming terminal location endorsements that the business at which such video gaming terminals are intended to be located and operated is realistically likely and actually intended to generate 50% or more of its gross revenues from sales of food or beverages, or activities other than video gaming activities, and will remain open to the public for not less than twelve consecutive hours per day. As of the date of the ordinance adopting this division (D)(2)(b), the Board hereby creates and makes available that number of video gaming terminal location endorsements as shall have been applied for by applicants holding Class B liquor licenses who have their applications on file as of the date of the ordinance adopting this division (D)(2)(b). Applicants shall provide such further information as the Village Local Liquor Control Commissioner shall from time to time request in support thereof. Class A, B, C, D or E licensees that receive video gaming terminal location endorsements shall be obligated to continually comply with the aforementioned requirements that 50% of the gross revenues of such licensees be generated by sources of revenue other than video gaming revenue, and the Local Liquor Control Commissioner shall be entitled to reasonable access to the books and records of the licensees for purposes of auditing and verifying such ongoing compliance.
SECTION 5: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 6: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 7: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law,