O-48-12 Amending Municipal Code - Title 5 & Title 9VILLAGE OF IXMONT
ORDINANCE NO. U \ a—
AN ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE
(Title 5 — Business Taxes, Licenses and Regulations
and
Title 9 — Public Peace, Morals and Welfare)
ADOPTED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 9 DAY OF , 2012
Published in pamphlet form by
Authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will and
DuPage, Illinois, this 9 day of
, 2012.
Ordinance No. 2012 -0- 4.2
AN ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE
(Title 5 — Business Taxes, Licenses and Regulations and
9 — Public Peace, Morals and Welfare)
WHEREAS, the Village of Lemont ( "Village ") is an Illinois Municipal
Corporation pursuant to the Illinois Constitution of 1970 and the Statutes of the State of
Illinois; and,
WHEREAS, the State of Illinois adopted the Video Gaming Act, 230 ILCS 40/1
et seq., pursuant to Public Act 96 -34, which became effective on July 13, 2009; and
WHEREAS, the Video Gaming Act permits limited use of video gaming
machines at particular premises within the State; and
WHEREAS, the Village Board of Trustees of the Village find that the Lemont,
Municipal Code should be amended to clarify that video gaming as allowed by the Video
Gaming Act (230 ILCS 5/1 et. seq.) is authorized within the Village limits, and;
WHEREAS, the Village Board of Trustees have determined that video gaming as
regulated by the Illinois Gaming Board should be permitted within the Village limits,
and;
BE IT ORDAINED BY THE Mayor and Village Board of the Village of
Lemont, Counties of Cook, DuPage and Will, Illinois, as Follows:
SECTION l: The foregoing findings and recitals are herby adopted as Section 1
of this Ordinance and are incorporated by reference as if set forth verbatim herein.
SECTION 2: The LEMONT, ILLINOIS MUNICIPAL CODE is hereby
amended in Title 5, "Business Taxes, Licenses and Regulations ", Section 5.04,
"Alcoholic Beverages" by amending Subsection 5.04.020 to add the following definition,
to be placed in alphabetical order, in the manner and form shown below with additions
being underlined, so that said definition shall hereafter be included as follows:
5.04.020 Definitions.
"Licensed Video Gaming Location" means a licensed establishment, licensed
fraternal establishment, licensed veterans establishment, or licensed truck stop
establishment, all as defined in Section 5 of the Video Gaming Act (230 ILCS
40/5).
SECTION 3: The LEMONT MUNICIPAL CODE is hereby amended in Title 5,
"Business Taxes, Licenses and Regulations ", Section 5.04 "Alcoholic Beverages" by
adding Subsection 5.040.310 in the manner and form shown below with additions being
underlined, so that said Subsection shall hereafter provide as follows:
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5.04.310 Video Gaming Permitted
Premises licensed under this Chapter that have been licensed as Licensed Video
Gaming Locations by the Illinois Gaming Board which were found to be in
violation of the Video Gaming Act (230 ILCS 40/5) shall also be subject to the
penalties provided for in this Chapter and the Illinois Liquor Control Act (235
ILCS 5/1 et.seq.).
SECTION 4: The LEMONT MUNICIPAL CODE is hereby amended in Title 5,
"Business Taxes, Licenses and Regulations ", Section 5.28 "Coin- Operated Amusement
Devices" by amending Subsection 5.28.020 in the manner and form shown below with
additions being underlined, so that said Subsection shall hereafter provide as follows:
5.28.020 License -- Required.
A. No person, firm or corporation shall place or install, or maintain or operate in
any building or place within the village, any coin - operated amusement
devices, including coin - controlled mechanical musical devices, for use by the
public, and for which a fee is charged, without first having obtained a license
for each place or location where such mechanical coin - controlled amusement
device shall be installed, maintained or operated.
B. This chapter shall not restrict the use of Video Gaming Terminals permitted
under the Illinois Video Gaming Act (230 ILCS 40/1 et.seq.)
SECTION 5: The LEMONT MUNICIPAL CODE is hereby amended in Title 9,
"Public Peace, Morals and Welfare" by amending Section 9.20 "Gambling" by adding
Subsection 9.20.060 in the manner and form shown below with additions being
underlined, so that said Subsection shall hereafter provide as follows:
9.20.060 Video Gaming Permitted
A. This chapter shall not restrict the use of Video Gaming Terminals permitted
under the Illinois Video Gaming Act (230 ILCS 40/1 et.seq.)
B. All Licensed Video Gaming Locations, as defined in Section 5.04.020 of this
Code, located within the Village shall pay an annual fee of $25.00 per
terminal per year. An initial fee shall be paid prior to operation of any video
gaming terminal. Each initial fee paid later than May 1st shall be applied to the
remaining fiscal year ending on the 30th day of April, but said fee shall be not
diminished. All annual fees to be paid after the initial fee period shall be due
and owing before the 1st day of May of each calendar year.
SECTION 6: That the Village Clerk of the Village of Lemont be and is directed
hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of
Illinois, made and provided.
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SECTION 7: Should any Section or provision of this Ordinance be declared by
a Court of competent jurisdiction to be invalid, such decision shall not affect the validity
of the Ordinance as a whole or any part thereof other than the part declared to be invalid,
SECTION 8: This ordinance shall be in full force and effect from and after its
passage, approval and publication as provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL,
AND DUPAGE, LLINOIS, on this 9 day of 0-(,L /t/ , 2012.
PRESIDENT AND VILLAGE BOARD MEMBERS:
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
ATTEST:
AYES:
V
V
.I -,1 / .dIL . /,
CHARLENE M. SMOLLEN
Village Clerk
NAYS: ABSENT: ABSTAIN
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. REAVES
President