Chapter 5-121
VIDEO GAMING

Sections:

5-121-010    License required.

5-121-020    Definitions.

5-121-030    Application.

5-121-040    Regulations.

5-121-050    Fees—Term of license.

5-121-060    Responsibility for license.

5-121-070    Inspections.

5-121-080    Revocation.

5-121-090    Duty of law enforcement officer.

5-121-100    Penalty.

5-121-010 License required.

It is unlawful for any person to install, keep, maintain or use, or permit the location, installation, maintenance or use, upon the premises of any video gaming machine that has not met the state of Illinois video gaming guidelines or obtained a license from the city of Harvey. (Ord. 3267 § 2 (part), 2012)

5-121-020 Definitions.

A video gaming “terminal” means any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, as authorized by the board, utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only. (Ord. 3267 § 2 (part), 2012)

5-121-030 Application.

Applications for a license under this chapter shall be made during the alcoholic beverage licensing cycle upon such forms as prescribed by the city. One (1) application may be used for more than one (1) terminal at the same premises but separate license fees must be paid for each terminal. The application shall specify the number of terminals. (Ord. 3267 § 2 (part), 2012)

5-121-040 Regulations.

A.    No license issued under this chapter shall permit the operation of any terminal at any place or in any manner which will disturb the peace and quiet of persons outside the licensed premises.

B.    No licensee shall operate the terminals without adhering to all guidelines set forth in the State of Illinois Video Gaming Act. (Ord. 3267 § 2 (part), 2012)

5-121-050 Fees—Term of license.

Every person applying for a license for a video gaming terminal shall pay a license fee annually in the amount of one thousand dollars ($1,000.00) per machine. Every license issued under the provisions of this chapter shall expire on the thirty-first day of October and be applied for in conjunction with the annual alcoholic beverage license. (Ord. 3316 § 2 (part), 2015; Ord. 3267 § 2 (part), 2012)

5-121-060 Responsibility for license.

The proprietor of the premises in which such terminal is located shall be ultimately responsible for payment of the license fee and shall be accountable for each terminal on the premises. Any terminal maintained without an appropriate license shall be a violation of this chapter by the proprietor of the premises. Any such unlicensed terminal may be unplugged and tagged by the city as an unlicensed machine. (Ord. 3267 § 2 (part), 2012)

5-121-070 Inspections.

The city may make such inspections as may be necessary to ensure compliance with the provisions of this chapter. (Ord. 3267 § 2 (part), 2012)

5-121-080 Revocation.

Any license granted under the terms of this chapter may be revoked by the mayor, by notice in writing to the licensee, whenever it shall appear that the licensee has violated the provisions of this chapter. (Ord. 3267 § 2 (part), 2012)

5-121-090 Duty of law enforcement officer.

It shall be the duty of every policeman to seize any terminal that is used in violation of the Illinois State Gaming Act or this chapter, and upon the conviction of the keeper thereof, such terminal shall be seized. (Ord. 3267 § 2 (part), 2012)

5-121-100 Penalty.

Any person who violates this chapter shall, upon conviction thereof, be fined not less than five hundred dollars ($500.00) and no more than one thousand dollars ($1,000.00) for each offense. Each day that a violation continues shall be deemed to constitute a separate and distinct offense. A person violating the provisions of this chapter may receive a separate citation for each unlicensed terminal on the premises. (Ord. 3267 § 2 (part), 2012)