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An Ordinance Adopting Chapter 111A of the Village Code of Ordinances (Electronic Product Promotion Kiosks)
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WHEREAS, the Village of Romeoville is a home-rule unit of local government pursuant to Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, the Village finds it necessary to add Chapter 111A of the Village Code of Ordinances to prohibit the operation of electronic product promotion kiosks and to ensure compliance with applicable state laws;
WHEREAS, the Village corporate authorities find that the electronic product promotion kiosks are electronic gaming devices which offer a certificate, chance, opportunity, or sweepstake to obtain a monetary reward or purchase products for free; and
WHEREAS, the Village corporate authorities find that electronic production promotion kiosks are not amusement devices allowed under the Village's Municipal Code; and
WHEREAS, the Village’s corporate authorities find that electronic production promotion kiosks are essentially electronic video gaming devices which are not sufficiently licensed or regulated by the current State laws or regulations, and which are not subject to the existing State taxes on video gaming; and
WHEREAS, the Village’s corporate authorities find that the operation of electronic production promotion kiosks in places open to the general public constitutes a public nuisance and substantially annoys and endangers the public health, morals and welfare of the Village, in that such devices have a tendency to confuse and mislead the public into thinking that such machines are video gaming devices licensed and regulated under State law; and
WHEREAS, the Village’s corporate authorities find that it is in the Village’s best interest for the promotion of public health, morals and welfare to add Chapter 111A to the Village Code of Ordinance to prohibit the operation of electronic product promotion kiosks; and
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: ADDITION TO CHAPTER 111 OF THE VILLAGE CODE OF ORDINANCES. Those provisions of all heretofore adopted in the Village Ordinances codified as and for Chapter 111A of the Village Code of Ordinances are hereby amended to add and read as hereinafter set forth:
§111A.01 Definitions.
“ELECTRONIC PRODUCT PROMOTIONAL KIOSK and ELECTRONIC SWEEPSTAKES MACHINE OR DEVICE.” Means a mechanically, electrically, or electronically operated machine or device using any form of technology whatsoever that is intended to be used by a sweepstakes entrant, and that is capable of displaying information on a screen or other mechanism. The electronic product promotional kiosk or electronic sweepstakes machine or device may be a stand-alone or table-top device which typically features buttons, a touch screen, a dollar bill and/or coin acceptor, or may be utilized for no consideration (e.g., free entry). Any such device is considered an electronic product promotional kiosk or electronic sweepstakes machine or device regardless of whether a coupon for a product or service is provided in exchange for a payment or no consideration is required (e.g., free entry).
“ENTER or ENTRY.” The act or process by which a person becomes eligible to receive any prize offered by sweepstakes kiosk.
“ENTERTAINING DISPLAY.” Visual information capable of being seen by a sweepstakes entrant that takes the form of actual game play or simulated game play including, but not limited to a poker game or any other kind of playing card game; a bingo game; a craps game; a keno game; an eight-liner game; a pot-of-gold game; a game based on or involving the random or chance matching of different pictures, words, numbers or symbols not dependent on the skill or dexterity of the player; a casino or gambling game; and any other video game the outcome of which is not in whole or in part dependent on the skill or dexterity of the player that is played in the course of revealing a prize as a result of an entry into a sweepstakes.
“PRIZE.” Any gift, award, gratuity, goods, service, credit, or anything else of value, which may be transferred to a person, whether possession of the prize is actually transferred or placed on an account or other record as evidence of the intent to transfer the prize.
“SWEEPSTAKES.” Any game, advertising scheme or plan, or other promotion which, with or without payment of any consideration, a person may enter to win or become eligible to receive any prize, the determination of which is based upon an element of change.
“SWEEPSTAKES KIOSK.” A stand-alone or table top device, operated mechanically, electrically, or electronically, featuring buttons and/or a touch screen and bill acceptor or credit card payment device, that is owned, leased, or otherwise possessed by a sweepstakes sponsor or promoter, or any of the sweepstakes sponsors or promoters partners, affiliates, subsidiaries or contractors, in which a sweepstakes entrant enters or makes entry through payment or other means, that uses energy, and that is capable of providing an entertaining display on a screen or other mechanism.
111A.02 Prohibited.
(A) It shall be unlawful to own, lease, possess, operate, or place into operation an electronic product promotional kiosk or electronic sweepstakes machine or device in any location open to the public within the Village for the following purposes:
(1) To conduct a sweepstakes through the use of an entertaining display including the entry process or the reveal or dispensing of a prize; or
(2) To promote a sweepstakes that is conducted through the use of an entertaining display including the entry process or the reveal or dispensing of a prize.
111A.03 Exclusion.
Nothing contained in this section shall be construed as prohibiting duly licensed video gaming terminals as permitted by the State of Illinois and authorized by Chapter 111 of this Code.
111A.04 Penalty.
Any person, firm, or corporation that violates any of the provisions of this title or chapter, unless otherwise specified, shall be fined not less than $50 nor more than $750 for each offense.
SECTION 3: 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 4: 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 5: 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, subject to final Village Manager and Village Attorney review and approval.