Title
Ordinance Prohibiting Video Gaming within the unincorporated area of Lake County.
Staff Summary
• Public Act 96-34, Public Act 96-37, and Public Act 96-38 were approved on July 13, 2009 and comprise the provisions of the Video Gaming Act.
• The Act allows video gaming in licensed bars, restaurants, fraternal organizations and truck stops throughout the state.
• The Act provides that the Illinois Gaming Board has jurisdiction over and will supervise all gaming operations. A local government is not responsible for administering or enforcing the provisions of the Act.
• The proceeds from video gaming are earmarked to pay for approximately 33% of the state’s Major Capital Program. In addition, a local government will get 1/6th of the net tax from video terminals located within the local government’s jurisdiction.
• The Act also provides that a local unit of government may prohibit video gaming within its jurisdiction. For the County, any prohibition would only apply to the unincorporated areas of the County. The County would then be responsible for enforcing this prohibition.
• The ordinance that is presented for consideration provides for the prohibition of video gaming in the unincorporated area of Lake County.
Body
An Ordinance
Prohibiting Video Gaming
Within the Unincorporated Area of Lake County
WHEREAS, Public Act 96-34 created the Illinois Video Gaming Act (the Act) and said Act was further amended by Public Act 96-37 and Public Act 96-38 and said Public Acts became law on July 13, 2009; and,
WHEREAS, the Act authorizes video gaming and the operation of video terminals at licensed bars, restaurants, fraternal organizations, veterans organizations, and truck stops within the State of Illinois; and,
WHEREAS, Section 27 of the Act provides, among other things, that a county may pass an ordinance prohibiting video gaming within the unincorporated area; and,
WHEREAS, the County Board finds and determines that it is in the best interests of the unincorporated area and county residents for the County to prohibit video gaming within the unincorporated area of Lake County, and the prohibition of video gaming in the unincorporated area will promote the public welfare and public safety; and,
WHEREAS, it is the intent of the Lake County Board to enact this ordinance to prohibit video gaming and the operation of video gaming terminals within the unincorporated area of Lake County as would otherwise be allowed under the Act.
NOW THEREFORE BE IT ORDAINED BY THE COUNTY BOARD OF LAKE COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1. The foregoing WHEREAS clauses are hereby made a part hereof as if fully restated herein.
SECTION 2. The Lake County Board hereby exercises its right under Section 27 of the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) and hereby prohibits video gaming within the unincorporated area of Lake County, Illinois. This Ordinance shall be known as the Lake County Video Gaming Prohibition Ordinance.
SECTION 3. The terms used in this Ordinance that are also used in the Illinois Video Gaming Act shall have the same meaning in this Ordinance as in the Illinois Video Gaming Act.
SECTION 4. A prohibited video gaming terminal shall be immediately removed by the owner or operator from a licensed bar, restaurant, fraternal organization, veterans organization, or truck stop.
SECTION 5. Any person who violates this Ordinance shall be subject to prosecution and, if adjudicated guilty, shall pay a fine of not more than $500.00 per offense. The ownership and operation of each machine shall constitute a separate offense and each day said violation occurs shall constitute a separate offense.
SECTION 6. If a court of competent jurisdiction shall adjudge to be invalid, or unconstitutional, any clause, sentence, paragraph, or part of this Ordinance, such judgment or decree shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be confined to the clause, sentence, paragraph, or part of this Ordinance so adjudged to be invalid or unconstitutional.
SECTION 7. This Ordinance shall be in full force and effect from and after its passage and approval by the Lake County Board.
ENACTED AND APPROVED THIS 13TH DAY OF OCTOBER, 2009 IN WAUKEGAN, ILLINOIS.